HomeMy WebLinkAbout20231088.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0011, OF FOUR -LOT RECORDED
EXEMPTION, RECX15-0084, FOR REMOVAL OF LOT D - 3T, LLC,
C/O TREVOR THIEL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on August 6, 2015, the Department of Planning Services approved Four -Lot
Recorded Exemption, RECX15-0084, and
WHEREAS, the Board has received a request from the current property owner, 3T, LLC,
c/o Trevor Thiel, P.O. Box 254, Eaton, Colorado 80615, to vacate Lot D of Recorded Exemption,
RECX15-0084, located on the following described real estate, to wit:
Lot D of Recorded Exemption, RECX15-0084; being
part of the SE/14 of Section 16, Township 7 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following fincings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
3. No easements are being included in this vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of 3T, LLC, c/o Trevor Thiel, for Partial Vacation of Four -Lot
Recorded Exemption, RECX15-0084, for removal of Lot D, be, and hereby is, approved, subject
to the following condition(s):
1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the
applicant shall submit an exemption vacation plat and deed to the Department of
Planning Services within ninety (90) days for review. Upon acceptance, the plat
shall be signed by the property owners and shall be submitted for recording, along
with the recording fee, to the Department of Planning Services. The vacation is in
effect the date of recordation of the land survey plat with the Weld County Clerk
and Recorder.
4894949 Pages: 1 of 2
04/27/2023 01:12 PM R Fee:$0.00
Carly Koppea, Clerk and Recorder, Weld County , CO
cv.PL(7P/IMW/KW), APR-.
05/.2./23
2023-1088
RECX15-0084
PARTIAL VACATION, VAC23-0011 OF FOUR -LOT RECORDED EXEMPTION, RECX15-0084
FOR REMOVAL OF LOT D - 3T, LLC, C/O TREVOR THIEL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d)
Weld County Clerk to the Board
BY:
APP
ounty Attor =y
Date of signature: O'/25/23
4894949 Pages: 2 of 2
04/27/2023 01:12 PM R Fae:$0.00
Carly Kopp.s, CI.rk and R.00rd.r, Wald County , CO
VIII IN���IMRGI �I:Ir��CMti�i Nr�h�L� M�l'� 1���4�'� Y4rh iI II I
Mikeeman, Chair
Sc tt K.
ro-Tem
Ja
evin D. Ross
Lori Saine
2023-1088
RECX15-0084
To:
From:
Subject:
Hearing Date:
Owners:
Representative:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Molly Nelson, Planner
Partial Vacation of Lot D of RECX15-0084
April 17, 2023
3T LLC
Trevor Thiel
Managing Partner
Legal Description: Lot D of Recorded Exemption RECX15-0084; being a part of the SE4 of Section 16, T7N,
R66W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 80; West of and adjacent to County Road 31
Parcel Number: 0707-16-4-00-004
Total Parcel Size: +1- 131.147 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot D of RECX15-0084, recorded October 21, 2015, reception #4151984.
This partial vacation of Lot D of RECX15-0084 would result in an approximately 131.14 acre unplatted
parcel.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-7-90. A of the Weld County Code, states in part: "A property owner may request a complete
vacation of an existing Family Farm Division."
Section 24-7-90 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-7-90. A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat map.
Section 24-7-90. B of the Weld County Code allows for complete vacations. The submitted vacation request
complies with this code section.
2023-1088
Vacation of Lot D of RECX15-0084 I 3T LLC
Page 1 of 2 -RE,eC 15-bD$A,
Recommendation.
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with 24-7-90.H and
I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property
owners and shall be submitted for recording with the recording fee to the Department of Planning
Services. The vacation is in effect the date of recordation of the land survey plat with the Weld
County Clerk and Recorder.
Vacation of Lot D of RECX15-0084 13T LLC
Page 2 of 2
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RANGE 66 WEST OF THE 6TH PRINCIPLE MERIDIAN, WELD COUNTY,
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SURVEYOR NOTES
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weld.gov.
Date: April 17, 2023
Time: 9:00 a.m.
Applicant:
3T, LLC
do Trevor Thiel
P.O. Box 254
Eaton, Colorado 80615
Request: Partial Vacation, VAC23-0011, of Four -Lot Recorded Exemption, RECX15-0084, for
Removal of Lot D
Legal Description: Lot D of Recorded Exemption, RECX15-0084; being part of the SE1/4 of
Section 16, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 80; west of and adjacent to County Road 31
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: April 5, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
R E CX 15-0084
Owner
DANIELSON, INC
3T, LLC
C/O TREVOR THIEL
Address
14651 COUNTY ROAD 80
P.O. BOX 254
City
EATON
State Zip
CO 80615-8409
EATON CO 80615-0254
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification
requirements of Weld County for Partial Vacation of Recorded Exemption, RECX15-0084, in the United States
Mail, postage prepaid First Class Mail as listed above.
Dated the 5th day of April, 2023.
m ,1,deti►
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal ServiceTM
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.comQ'.
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Certified Mail Fee
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PS Form 3800, April 2015 PSN 7530-02-000-9047
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/23/2023
1:57:49 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
OakdrYt•lidtAIAD1C1—
Signature
317.31 Z3
Date
Property Owners Within 500 Feet of Parcel # 070716400004
Account
Parcel
Owner
Mailing Address
R0827286
070715000020
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON, CO 802294326
R8948978
070715200020
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON, CO 802294326
R8964109
070715300001
COBLENTZ MELISSA M
R8964109
070715300001
COBLENTZ JOSHUA D
39494 COUNTY ROAD 31
AULT, CO 806109724
R8964110
070715300002
RAY DANIELSON INC
39376 COUNTY ROAD 31
AULT, CO 806109724
R0828186
070716000029
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON, CO 802294326
R0828486
070716000034
DENNIS ANDREW G
14621 COUNTY ROAD 80
EATON, CO 806158409
M8944916
070716000050
DANIELSON JULIE L
R0828986
070716000050
DANIELSON JULIE REVOCABLE TRUST
Parcels: 20
Owner Records: 26
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/23/2023
1:57:49 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
(,c.)ttWick.
Signature
5Iz3)z-3
Date
Property Owners Within 500 Feet of Parcel # 070716400004
Account
Parcel
Owner
Mailing Address
M8944916
070716000050
DANIELSON GERALD L
39623 COUNTY ROAD 31
AULT, CO 806109723
R0828986
070716000050
DANIELSON GERALD REVOCABLE TRUST
39623 COUNTY ROAD 31
AULT, CO 806109723
R0021688
070716000065
CREGO RONALD G
1065 E COUNTY ROAD 66 E
WELLINGTON, CO 805491828
R0147694
070716000069
FEIT DANA
R0147694
070716000069
FEIT ALAN L
14363 COUNTY ROAD 80
EATON, CO 806158409
R8950337
070716100006
KINDRED PROPERTIES LLC
39535 COUNTY ROAD 31
AULT, CO 806109723
R8943771
070716400001
L°4- A'
DANIELSON INC
14651 COUNTY ROAD 80
EATON, CO 806158409
R8943772
070716400002
lx-i- 3
DANIELSON INC
14651 COUNTY ROAD 80
EATON, CO 806158409
R8943773
070716400003
I -b!- C
DANIELSON INC
14651 COUNTY ROAD 80
EATON, CO 806158409
Parcels: 20
Owner Records: 26
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/23/2023
1:57:49 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
GOutithit Ociu Lk,
Signature
Date
Property Owners Within 500 Feet of Parcel # 070716400004
Account
Parcel
Owner
Mailing Address
R8943774
070716400004
1
Lb4
3T LLC
PO BOX 254
EATON, CO 806150254
R8950336
070716400005
WEICHEL ELAINE JOY
R8950336
070716400005
WEICHEL WILLIAM A
39509 COUNTY ROAD 31
AULT, CO 806109723
R6783826
070721100008
HAWES BRADLEY DEAN
R6783826
070721100008
HAWES DANELLE
PO BOX 2041
FORT COLLINS, CO 805222041
R6783827
070721100009
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON, CO 802294326
R0107587
070722000062
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON, CO 802294326
M8978716
070722000062
VIVAS HURTADO NIDIA MILENA
614 JOANNE ST LOT 260
FORT COLLINS, CO 805243628
Parcels: 20
Owner Records: 26
Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/23/2023
1:57:49 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
euct.ellt LSI dc
Signature
3 �Z3 LZ3
Date
Property Owners Within 500 Feet of Parcel # 070716400004
sirs. ilikarat-c
- Ulf"'t Iti111AV•+1 Al
791 r
r'+
Wstr-A71
-
_. -.tom-.rr _1 q .e1..M •.
C
Parcels: 20
Owner Records: 26
Page 4 of 4
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED: 7..18 141.$
AMOUNT: $ ZC,0 ` CASE # ASSIGNED: VAG''!ti' CbIl
APPLICATION RECEIVED BY: k D . PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be Vacated: Recorded Exemption No. 0707-16-04 RECX15-0084
Complete Vacation (must include all lots)
Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel. Number
Acreage Affected Easements
S 16 T7 R66
D
070716400004
135.045
None
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: 3T LLC
Company:
Phone #: 970.978.0800
Street Address: PO Box 254
Email: trevorthiel@gmail.com
City/State/Zip Code: Eaton, CO 80615
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name:
Company:
Phone #: Email:
Street Address:
City/State/Zip Code:
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions
or subdivision exemptions.
Siignn.ature: Owner or Authorized Agent
1 ✓evo, 7Z'5 /
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
Date Signature: Owner or Authorized Agent Date
Colorado Secretary of State
1O#:20211100293
Document #: 20211100293
Filed on: 01/28/2021 03:47:13 PM
Paid: $50.00
Articles of Organization for a Limited Liability Company
filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
The domestic entity name of the limited liability company is Three Ts LLC
The principal office street address is 12644 CR 62
Greeley CO 80631
US
The principal office mailing address is 12644 CR 62
Greeley CO 80631
US
The name of the registered agent is Alie Thiel
The registered agent's street address is 12644 CR 62
Greeley CO 80631
US
The registered agent's mailing address is 12644 CR 62
Greeley CO 80631
US
The person above has agreed to be appointed as the registered agent for this limited liability company.
The management of the limited liability company is vested in Members
There is at least one member of the limited liability company.
Person(s) forming the limited liability company
Alie Thiel
12644 CR 62
Greeley CO 80631
US
Trevor Thiel
12644 CR 62
Greeley CO 80631
US
Causing this document to be delivered to the Secretary of State for tiling shall constitute the affirmation or acknowledgment of
each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the
individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the
document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if
applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in
the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic
statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not
such individual is named in the document as one who has caused it to be delivered.
Name(s) and address(es) of the individual(s) causing the document to be delivered for filing
Alie Thiel
12644 CR 62
Greeley CO 80631
US
-Filed
Document must be filed electronically.
Paper documents are not accepted.
Fees & forms are subject to change.
For more information or to print copies
of filed documents, visit www.sos.state.co.us.
Colorado Secretary of State
Date and Time: 01/29/2021 01:31 PM
ID Number: 20211100293
Document number: 20211103663
Amount Paid: $10.00
ABOVE SPACE. FOR OFFICE USE ONLY
Statement of Correction Correcting the Entity Name
filed pursuant to §7-90-305 of the Colorado Revised Statutes (C.R.S.)
I. For the entity, its ID number and entity name are
ID number 20211100293
(Cnlarnda Seurtary of State 1D number)
Entity name
Three T's LLC
2. The document number of the filed document being corrected is
3. The entity name is incorrect.
4. Such entity name, as corrected, is
3T LLC
20211100293
5. QThis document contains additional information as provided by law.
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person
on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the
requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the
individual in good faith believes the facts stated in the document are true and the document complies with the
requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered td the secretary of state,
whether or not such individual is named in the document as one who has caused it to be delivered.
6. The true name and mailing address
of the individual causing the document
to be delivered for filing are
CORRECT ENTITY
Thiel Alie
asst)
12644 CR 62
(First)
(Middle) (s,tr.)
(Street name and number or Pon Office Box inform Ilan)
Greeley CO 80631
80631
U nlf gei States (Pa"alfzip Cnde)
(Province- ijapplicable) (Country- if not US)
Page l of 2 Rev. 10/0.017
(/f the following statement npplies, adopt the statement by marking the box and include an attachment.)
['This document contains the true name and mailing address of one or more additional individuals causing the
document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are
fiunished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal
requirements as of its revision date, compliance with applicable law, as the same may be amended from time to
time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's
legal, business or tax advisor(s).
CORRECT_ENTfrY
Page 2 of 2 Rev. 10/01 /2017
- 7
,,F,,,';'•482953i' 05/23/2022 11:46AM (",;(,--'9,
s .Tofatllbages: 3 Rec Fee: $23.100 �,�--
,,`.: AC -4i Koppes - Clerk and Recorder, Weld Cou ltyr;-•CO
•�ECtj , ,-,,,,.:N-. 'Exernp,010 State Documentary Fee Cry''
4R,J �`, _ ?�h-` C.R.S.•5 39-13-104(a)� `-
: , t
ti'
r: SP. I) l WAR.RANT-Y.DEED '� �l
mil`•• : ��(C.R.S. § 38-30-1.13(1)(b4k.. �-.1
��: .,(Z; (0,s' „( `' ;,C .'
4.
r i THE CITY OF OREELEY, COLORADO, a Colorado hork.i4U1e.municipal corporation whose street address l9
i0„�1001 11. Avenue, 2n° FloprF.greeley, Colorado 80631(' _t4ntor'); 'for.the consideration ob "Eight Hundred
' .'Tfrousand and 00/100•. dollar' t' 4.
r, 0800;000.00) in hand paidrltrer�Cby sellssiid conveys to 3T�.C a Colorado limited �` ,t
,..,',1,9`. liability company whos F address is P.O.' Box,25¢�`Kat�''on, Colorado. 80615, the f llc'r ing real property in'the , .2
<0>County of Weld and ktttu:. Of Colorado, to wit. (.6'11.>
i i :''' t.;.?''
..,:\'),/
,';tll l Lot'D pfjtecorded Exemption 0707-p6 04 RECX15=0084, steerdtgtd the map recorded Octopper rl,
\'j 2015 at Re.ep n No. 4151984, being a'parl of the SE 1%4 of Section 16, Township 7 North, Range 66 Nest of
the 6t° P.1Vl•in Weld'County., Colorado --(`<Property") ^'i .•t1'
(d; <TOGETHER with the appfrittenancec and warrnnts•title too same. against all personso5stun�
ing• under the !'�
L?
Grantor, but subjeci to the Starutocy Exceptions attached heret¢‘as Exhibit A and EXPRESSLY' ?CCLUDING AND v
RtSERVINGTO THE R.A.N7--OR all rights, title, :and inter fn and to any water nghts,�iltypltes and ditch righrs, �cr\\`rte
• <,,2j reservotrand reservoir n ght ndlateral rights associated sh�the Property,.incltiding,, wcrlCourltmitation, those water r, ''
<3ct rights represented by ,hayis.of stock in. The Wtitct Sup i �dnd'Storage Company. „4''''s i
,:-.•..,'Dated this 20day of May 2022. ^ `= ' �;`
.-fl : •tl
THE 91 Y OF GREF.I.EY, COLORADO:
a.Co r%a o home nile.municipal copt lation
•
B
:STATE O1�COLORADO ) -•
�t's
).,.�' L• • fry` t��'
•
(0
CO il T C OF WELD
\-,`::-- The foregoing instn4it was acknowledged beforcA�.thisa0 day of May.2022 •bir olin Gates as Mayor .47,-...,',',,,
"t``•� of The City of Greeley, �q� t t'i<`,%-' �; �, ` , l'ofado, a Colorado•home Wile iltitciPal corporation; whose,�i�nature appears•above. ��,,
r� i;' 2 :nl�i n V
?J' Witness my **iirici official:sea) tJ �� , ' r 1
`�? ` -•'"• Notary E4iblic, �<•? • s— t., <,,,, l ty,,•Commission apires: / c;�
``(,.„,,,
�5When recorded return to: ..(,,,,,,,
, `t (e);''r i-' . ,r c.
i'l. may � .
aColorado limited l6r lhtycompany c e ^,t�'l „C)'
t'.O..Box 254 ��) - �< ,;s'
Elton. Coloradn'00015 f1. •
`` `'_� ARE Y PUBLIC`'
, STqp'1,' � OF COLORADO Cc i:5: Pow ELL
��'�
.',,
; ..•` NOTARY .I D. •20224008200 . j. \
NOTARY 4ISSION 'EXPIRES., S:FEB, 28,, 26 `�-. .,
<':,..)''.CS;`c -`': , '1
cg1�
{; A1 - Exceptions :
`f n4-• rte. o
;�l'I. An facts, rights; inter r"•, r r,�0., yest;,,6n,t`iaims thereof, not shewn by _the:eablic Records but that could be ascertained by an �t a)
inspgcuon of the Land cie that may be a)iserted'by persons he possession of the Land. �7_ (•,5'+
,:::', (' ,S% t f•.,n nom,.
<,\`.,:.- 2. Easements, liens of u•mbeseces, or claims thereofr;i iJifihown by the Public Records, ,Z;,,! ^�
;-y 3. Any encn ae ent, encumbrance, violation,, ation, or adverse eircumstan9a'ttecting the Title that would
+,(1`0 disclosod`by an acetunie sod complete land survey ofHea ld and not shown by the Publi6l6ecords, ,,(r
4. An),,lten, or right to a lien, for scrvic Tabor or material heretofore or h&after furnished, imposed by law.attd not
shown .by d E Public Records. 411 t. /A`r l 5. Defects, liens, errcumbran verse•clahns or other matt .1 -any,.cecotod, firstsppearing i •7Ie public records or r%y,
,o heng subsequent to the eEase ti ejtste hereof but prior to the date of tie proposod insseol acquires of recoydfor value the estate ,.,
•,,t, ,dr interest or mortgaga•thoreon; *eted.byi Y this Commitment. ; �' -; .^,c; -Y
6. (a) Trues or n99dssments that are not shown as e'cnthtg liens ;by the records of nny ode g. authority thnt le, iea tnras or/ -'
•assessments on real.pro isy, or by the Public Records; (b)�?lolee dings by a public agency. t'0iiiy result in tares orassessmaati` `'
or notices of such pcdecdings, whether ornot shown Dy`.the records: of such agency or byt e' 1'ublic Records, ,k,-,
es('),.
7t �(a) Unpatentad mining claims; (b)treservations or exceptioit5 in patents or inActsauthorizing the issuan A..tbereaF, (c)
waterrigbts;:claims or title to water• .''''> `';:` ,l v
,..f -c' �. ) ti
�1 '• 8. RIGHT OF WAY FOR 6 NTY ROADS 30 FEET ON E1 1ER SIDE.OF SECTION AND (TOWNSHIP LINES,.
�AyS ESTABLISHED BY THE BQ OF COUNTYCOMMI$SIOi �RS.FOR WELD COUNTY, REcIbR.DED OCTOBER 14, {`�'
',' 51389 IN BOOK 86 AT PAGE 27.T. \`.^ t,ti ���
e• 9. EXISTIN/�GAt A.SES OR TENANCIES. <A,y �;� � •<' :
�c j t`l_i ,gyp;) n(Gr nl
10. TER S, CONDITIONS AND:PROV ONS OF RIGHT OF WAY ' RFrCt')16DED AUGUST 1904 IN 61(0K
1-; t .217 AT PAC '"5 .C.._ .n,)' ...�.,
I,,,,,,11...1 �-�
MAY)I0,'1920, IN BOOK 511 AT PAOE )0. AND ANY AND ALLAS,SI6NM,ENTS THEREOF OR 0NT, TS THEREIN, Or
ID.%) •
,QUIT CI-A.IM.DECD RECORDED.JIA'i;'EE 22, 1920 IN BOOK 559 AT.()�1GE.527 r1ND JULY 26, 19181)>i_O K 512 AT PAGE
?ov 12: TERMS, C, ITIONS AND•PROVISION QTiiRIGHT OF WAY AGREEM5T,RECORDED-114.,Y I.t. 1955 Ch�`'
(� ,1 IN BOOK 1424 AT t ) E"37: ^(�S}�' Y ,s0'.
C� \1 � \S
--1
CONDITIONS AND:PRO Ib3NSOF RIGHT OF WAY RECirI6' ED FEBRUARY 15, 1958 INj K
`'f
ct
nt<, .l4. ALL OIL, GAS,;\IlNERr ,EAxD;OTH R MLNERAL RIGH, �$ AS RESERVED IN INSTRUIsffiN RECORDED
OCTOBER 01. 1973, UNDER RECE TION NO. 16222701N BOOK 76 AND ANY AND ALL ASSIOI 0JTS THEREOF
INTERESTS THEREIN.
1442 AT pikGE 508_ . t s
• i l r.
1,.';''. 4,.1\,.
.,-,�� 15. TERMS, C9 .LIONS AND PROVISIONS IEi '1-REC
GHT OF WAY AGREEMORDED JANUARY 06, ,7x,,
,?..:,5,''' 1978 AT RECEPTION N ::-.1740797 IN BOOK 819. Z` ? 3 ,,1 tiS
16. TES, CONDITIONS AND PROP} I9NS OF RIGHT OF WAY EXCHOIYGE RECORDED JUNE'03, 1933 AT
RECEPTION N0a 1929097 IN BOOK 998 ANIi�RRECTED MARCH 6; 1985 T1' RECEPTION NO. 200.1002 16.BOOK
1060. ,_,,,,,6., _i. -tt
(.1.,, 07 (...,),
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482953i 05/23/202211:46,AM•'
Page=3 of 3
17. TWA -6, CONDITIONS AND PROMS P/S OF RIGHT OF WAY AGRE NT RECORDED MARCH 29;1085
AT RECEPTION*. 2003941 IN BOOK 1063. C�)` <Y•' lZ
A...0 `sl ..1.
=�11��8'. RIGHT OF WAY EASE1s101., AS GRANTED'TO POUD VAL'LEY'RURAL`ELECTRI9400CIATION, �6:
'INC INSTRUMENT RECORDED SEfITEMBER:20, 1985, UNDERRECiEPTION•NO._2025536 IN B �y C•1085: ,)
�'a2 I9:TERMS, CONDIT1 3 AND PROVISIONS.OF.EA�ESN NTS.IN DEED RECORDEDy' RUARY.26, 1987 AT ^.�v'
, RECEPTIONNO. 208975711 BOOK 1147. . .,-,(4/' `,,° ,.-
�0�? 20. MATTEIt34 AS SET FORTH ON SURVE( fy��Y.4 rCORDED MARCH 4,1987,A!T• CEPTION NO. 209.0611. r�'`•
�\:'' .21..T 4S. CONDITIONS AND PRO SIGNS OF RIGHT OF WAY AT,EMENT.RECORDED DECEM E I0.
2001 AT REKC&tION NO,rt. 2907577: f . ti
'� 2: RIGHT*OF WAY EASEIy(' AS GRANTED TO POUDR.\VALLEY RURAL ELECTRI ASSOCIATION, ^�
INc3IN INSTRUMENT"RECORDED iECEMBER 26, 2002: UNDER 4CEPTION No. 3018343; (..?9-'18343. .i' (?
^rti 23. EASEMENTS. E• 19/6 ITIONS, COVENANTS, R ICTIONS, RESERVATIONS, D NOTES ON THE �'t`r�
��e.fcJ`' PLAT OF EXEMPTION; It kORDED OCTOBER 21, 20F CINDER RECEPTION NO 4.t:G984. RATIFICATION OF �,C-'9"
A` EXEMPTION PLAT R €pKDED DECEMBER 5, 2016'-, ' �'0ER RECEPTION NO. 425803j ` !` '
, ; ;S v `S \`�
,y c.� , � of
�,�•' 24. AN. „„ACTS; RIGHTS,•ENTEREST�: 'CLAIMS WHICH MAY CSC 'OR ARISE BY REASON O•,E
`1)'•" FACTS :SHO%7 f ON ALTA/NSPS LAND TI - SURVEY CERTIFIED OCTOBER, 20, 2016 PREPARED B%1CWG
SURVEYORS: JOB.#201600671. SAID SURREY IS RECORDED NOVEMBER -14,:20.16 AT RECEPTION NO,4253281.
r.
,,��,,G1'25: RESERVATIONS AS �14'XINED IN SPECIAL WARRA� �: 7'Y DEED FOR LAND RECOR ED DECEMBER
^'5,, 20'6, UNDER RECEPTION NO. 401940 ANY AND ALL ASSI(1NMENTS'THEREOF OR INTERESTSTHEREIN.
!^(Cr' NOTE 161E IOLp.WING 'NOTICES, I'URSU2'h ,:"IO CRS 9-1.5-103 CO�NC tiNING UNDERGROUND r� ,r
FACILITIES HAVEBEE 1LED WITH THE CLERK AN c•'•, ,ra?.> p RECORDER THESE STATEN(Q S ARE GENERAL AND DO �?, .,
e9,-, NOT NECESSARILY,C1� E NOTICE OF UNDERGROI VI3 FACILITIES WITHIN T.H `U BhECT PROPERTY: <�.`r
, (A) MOUNIXN'BELL TELEPHONE CO74 5N ,•RECORDED.OCTOBER,I. 981 AT RECEPTION NO. 187Q7,0,5:-
(BI.W4STERN SLOPE GAS COMPANIY;.RECORDED'MARCH.9, 198 T RECEPTION NO. '1.91.9757.4:
(/ ' ASSOCIATED NATURAL„'!GAS, INC RECORDED JUL1 2I. 1984 AT RECEPTION NO. 1974810 AM:),
c1. RECORDED OCTOBER I 19.84 AT RECEPTION. NO. I983584,,AilD RECORDED MARCH•3 `[4S6 AT RECEPTION
/NO. 2)32709 AND REC (t.D APRIL 10, 1989 AT RECEPTION NO. 217591/. t^, �,
�J• �. L
/ (DI PANHANDLF��ASTERN'PIPE LINE COMPASY TILECORDED OCTOBER I, 19� i-Y RECEPTION NO, 1.87,0756 S
'4. AND RECORD,Ebb bNE 26, 1986 ATRECEPTIOI LV3. 2058722. r -S ',
tt '' r� 4/ 4/'44 CC..r0 e•<•;�''
L;;1 (E) COLORADO INTERSTATE GAS COM4 14Y; RECORDED. AUGUST 3.1;`1984 AT RECEPTION NO. 19797,0:
1 4/ i1. A
(F) I4 ON RURAL ELECTRIC ASSGpATION, INC, RECORDED OE'1.OBER 5,•1981 AT RECEPTIOI3,NO; 1871004. <<
M (b) WESTERN GAS SUPPLY\CO(4PANY, RECORDED APRIL 2,4 985 AT RECEPTION NO..200t4i6b. �ry "
^(c;,},r (H) PUBLIC SERVICE5C ANY OF COLORADO, RECies • ED NOVEMBER"9, 1981 •A CEPTION NO.:1.874084. � ."
(I) ST. VRAIN`SA17fTATION DISTRICT, RECORDEb DECEMBER 14, 1988 AT n4PTION NO.2164975: '
(J) LEFT WATER DISTRICT, REC9 EAUGUST 28, 1990 AT R AON N.O.2224977:.
.J :J
(K),1J'1/PED POWER, INC., RECD D,I,ANUARY24 -199.1 AT RE I TION NO..2239296 `,,
431GGINS TELEPHONE OCIATION•RECORDED OCTOB,I4, 1992 AT RECEPTION NO�r230'6829.
�A��i•a`� ,`� t'IvJ t' v
�Cc i
eon
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Danielson
Inc
RECX15-0084
Planners
Ryder
Reddick
.
Applicant:
Legal
Description
Being
part of
the SE4 of
Section
16,
T7N.
R66W of
the 6th
P.M.
Weld
County,
CO
Parcel
ID
#:
0707-16-0-00-070
Lot
A Size:
+/- 2 acres
Lot
B Size
+/- 8 acres
4
Lot
C Size
.
+/- 2 acres
Lot
D Size:
.
+/- 136
acres
Water
Source
Lot
Lot
Lot
Lot
A:
B:
C:
D:
Proposed
NWCWD
Proposed
Proposed
(Meter
NWCWD
NWCWD
NWCWD
#3389)
Tap
Tap
Tap
Sewer System:
Lot
Lot
Lot
Lot
A:
B:
C:
D:
Proposed
Septic
Proposed
Proposed
(SP
Septic
-0200646)
Septic
Septic
Yes No
X
Criteria Checklist
Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2 Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6 Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1 A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Onsite Wastewater Treatment System regulations.
2 The West Greeley Soil Conservation District has provided information regarding the soils on the
site. The applicant shall review the information and use it to positively manage on site soils.
RECX15-0084
Page 1 of 5
3. Prior to recording the plat
A. Lot A, Lot B & Lot C shall comply with the one (1) acre net minimum lot size required by
Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
B. Lot D shall comply with the one -hundred twenty (120) acre net minimum lot size required by
Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
C. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
4. Items to be included on the plat
A. The plat shall be titled: Recorded Exemption No. 0707-16-04 RECX15-0084.
B. All approved accesses shall be clearly shown on the plat and labeled with the approved
access permit number (AP15-00299). The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved road
access point.
C. The plat shall delineate the tract of land in the northeast corner of the property that is not a
part of the parcel in question as it is stated in the most recent deed (starting in the NE
corner of the said section, 340' west thence 130' south thence 340' east thence 130' north
to the point of beginning) per Reception No 2756767, unless the applicant or surveyor can
provide documentation of a different legal description for that tract of land.
D. The plat shall delineate the tract of land in the Northeast corner of the property that is not a
part of the parcel as it is stated in the most recent deed at Reception No 2756767.
E. County Road 80 is a gravel road and is designated on the Weld County Road Classification
Plan as a local road, which requires 60 feet of right-of-way at full build out. The applicant
shall verify and delineate on the plat the existing right-of-way and the documents creating
the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated.
All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County.
F County Road 31 is a paved road and is designated on the Weld County Road Classification
Plan as a local road, which requires 60 feet of right-of-way at full build out. The applicant
shall verify and delineate on the plat the existing right-of-way and the documents creating
the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated.
All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County.
G. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code.
H. All recorded easements shall be delineated on the plat by book and page number or
reception number.
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5. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code,
shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot
radius of any wellhead or within a twenty -five-foot radius of any plugged or
abandoned oil and gas well. Any construction within a two -hundred -foot radius of
any tank battery or one -hundred -fifty -foot radius of any wellhead shall require a
variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of
this Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20.C.3 of the Weld County Code.
4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net unless approved by the Weld County Board of Commissioners in accordance with
Section 24-8-40.P. of the Weld County Code.
5) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building
permit applications. The legal description on such deed shall include the Lot
designation and Recorded Exemption number.
6) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A, Lot C & Lot D have adequate water
supplies of sufficient quality, quantity and dependability.
7) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
8) The historical flow patterns and runoff amounts will be maintained on the site.
9) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building
permits, however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
10) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
11) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
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12) Potential Purchasers are hereby notified that a confined animal feeding operation
USR-304 for a hog furrowing and finishing operation allowing for up to 3000 pigs is
located directly east of the property off of County Road 31. Off -site impacts that may
be encountered include noise from trucks, tractors and equipment; dust from animal
pens and odors from animal confinement, silage, and manure.
13) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in
the country in total market value of agricultural products sold. The rural areas of
Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement
is based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
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electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld
County Code. The applicant shall submit one (1) electronic copy or one (1) paper copy of the plat
for preliminary approval to the Department of Planning Services. Upon approval of the plat, the
applicant shall submit a Mylar plat along with all other documentation required as conditions of
approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the
Department of Planning Services. The Mylar plat and additional requirements shall be recorded
within sixty (60) days from the date the administrative review was signed. The applicant shall be
responsible for paying the recording fee.
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps(a.co.weld.co.us.
9. If the exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time, for good cause shown, upon a written
request by the applicant.
By:
J,Lic
er Reddick, Planner I
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Date: 8/6/2015
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