HomeMy WebLinkAbout20231391.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0023, OF TWO -LOT RECORDED
EXEMPTION, RECX19-0109, FOR REMOVAL OF LOT B - MICHAEL COAN
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 September 26, 2019, the Department of Planning Services approved
Two -Lot Recorded Exemption, RECX19-0109, and
WHEREAS, the Board has received a request from the current property owner,
Michael Coan, 28242 County Road 10, Keenesburg, Colorado 80643-9415, to vacate Lot B of
Recorded Exemption, RECX19-0109, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RECX19-0109; being
part of the SE1/4 of Section 17, Township 1 North,
Range 63 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 findings:
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 Michael Coan, for Partial Vacation of Two -Lot Recorded
Exemption, RECX19-0109, for removal of Lot B 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.
4902836 Pages: 1 of 2
06/09/2023 11:44 RM R Fee:$0.00
Carly Koppes;Cie, and Recorder,, JeeiduCounty , CO
```
cc :PL(TrAiwr J), PPL. 2U1;i-]ivl
06 /14 /23 RECX19-0109
PARTIAL VACATION, VAC23-0023, OF TWO -LOT RECORDED EXEMPTION, RECX19-0109
FOR REMOVAL OF LOT B — MICHAEL COAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddthiv JC.Gt ;e1
Weld County Clerk to the Board
BY:
o y Attorney
Date of signature: O5
Mik
man, Chair
ry L. B k, Pro-Tem
ott K. James
evin D. Ross
Lori Saine
4902836 Pages: 2 of 2
06/09/2023 11:44 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
2023-1391
RECX19-0109
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Nelson, Planner
Subject Partial Vacation of RECX19-0109
Hearing Date: May 17, 2023
Owners: Michael Coan
Legal Description: Lot B of Recorded Exemption RECX19-0109; being a part of the SE4 of Section 17, T1 N,
R63W of the 6th P.M., Weld County, CO
Location: North of and adjacent of County Road 8; West of and adjacent to County Road 65
Parcel Number 1477-17-4-00-007
Total Parcel Size: +1- 112.78 acres Zone District A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RECX19-
0109, recorded December 18, 2019, reception #4551474. This partial vacation of Lot B of RECX19-0109
would result in an approximately 112.78 acre unplatted parcel. Lot A of RECX19-0109 is not a part of this
action.
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 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 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 24-11-50. 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 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate
the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code
section.
2023-1391
Vacation of Lot B of RECX19-0109 I Coan
Page 1 of 2
-Rfic.X I er-D) (q
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 Sections 24-
11-50.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 B of RECX19-0109 I Coan
Page 2 of 2
April 19, 2023
To: Weld County Planning
I am requesting that Lot B, RECX19-0109 be vacated.
Thank you,
-)(Y‘jk.<1,.a
Michael J Coan
Vacation Plat of Lot B
Recorded Exemption No. 1477-17-4 RECX19-0109
T 474 loeated in tM $elsthlGtt t l4 cf S�CttOn t 7,
t 4% Rpng.: tt3 4 of tht 8th P.M.,
County of Wqul, Stote 01 Cdarado
Sheet 1 of 2
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Recorded Exemption No. 1477-17-4 RECX19-0109
Located in 1M $ouUNo�t S/� of $11o1P4n 17,
Township 1 Nmtb, RO .83, it of
County o6-Wal�$tota od Colgto0o
Sheet 1 of 2
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1) REWT IXEM.:101 ON ApIACENG PROPERRES NAT RNSE 1HE ISwE OG COMPLLWCE,2 n1E INRNT OF NE RECONOED
E EMPTION PROCESS. MPflOJAL OG 11113 REWRDEO E%EMPRON DOES NOT GURANIEE MPflW11 OF NNflE MPLIGnONs ON
ADJWEW PROPERRES.
x) ALL PROPoSED OR ENSRNG STRUL47 WILL OR W MEET THE MINIMUM SETBACK MD OFFSET REOVIRan FOR 1NE ZONE
O ICf IN WHICH THE PROPERTY 5 LOGTED. PURSUANT TO THE DEFlNITgN OF SETBACK IN THE WELD COUNTY CODE, NE
REOUIREO SETBWK IS YGRUREO fROM 1HE FUNRE RICHi-Oi-WAY UNE
WO BUIIaNC OR 51RUCTUPE AS DEFlNED MD UMOED TO TRME OCCUPANCIES LISTED AS CRWPS A B, E, N. I, MD R IN
SECTION b3.1 OF 1NE 3018 INTEA1NnONAL BWLMNG CODE SHALL BE CONSTRUCTED WRHM A 3W -FOOT RADIUS OF AW TMK
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WITHOUT UMRARW OF THE USE OR 1NIENSRT Di THE USE OF SUCH EASEMFNrs. NO LOT OWNER WY INSTALL A 61ST OR
OINERNSE IMPEDE 1HE USE Of wCH EASEYFHR WITNOUI THE APPROVAL OF ALL PERSONS WRM RMARs Di USE M wCH
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111 MY WORK )NAT MAY OCCUPY MD/OR ENCRGCN UPoN MY COUNTY G.:7:r WAY OR EI ....LLL ACWIRE
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OR
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EMPLOYS YEn10D5 ON PPALlICE5 TINT ME WYMONLT OR REASONABLY ASSOCNIED WRH AGPICULIURAL PROaLLnON.
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PROPERTY ONNE�AEs�MOW NE9DENR YUSBEi NFYIIRE'OTNEYUI OCMNOTTTNtYE WATREESR IpQRNE DEVE ONE RCNE5, ELutE5,00P roOR1ERE WUN1Y.
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IMGNRUOE OF ME MG ro BE SEINED STRET t5 �NUftE RESOURCES. UW ENFOACEMEM Is
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RE BlWEO. WILL NOT PROVIDE INE SAME VINO OF wRFWE E%PECiED FROM A PAYEp ROW. SNOW
UR
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DS IN ME CWNtt iHW IN M URBAN OR SUBURBM BERING FNiM EWIPYEM MD
ES 1ERRTESTb IEEA1. FC u WCS µDEWINEPSU'TOLBN µDO EPENRBUR�NWDREPIaYM i
IS I4PORTAM. NOT WLY FOR THEIR $REED', BUT AI50 GOR NE PPoIECl10N OF
Recorded Exemption No. 1477-17-4 RECX19-0109
Located in the Southeast 7 4 of Seetion 17,
Township 1 North, Range tt est of the 6th
County of Weld, State of Colorado
Sheet 1 of 2
NCINM YAP
SLUE: '3000'
SURVEYOR'S NOTES:
AM11 BISIS OF BEVau THE SOUM UxE OF THE VPIE S. 1/ OF .a= ] TONNSYP 1 HONTN. ,ri 63 WEST OF
'S P.Y. S ASwYED TO BEM SW111 BW13'S]' WEST AS YDNUYENIED MERTON WRN NL BFMINCs COMNNED HEREIN
EUINE THERETO.
Z) NL asTANC SXOYIN REHE. TAE GROUND ObTANCEs M U.S
N [ 9m UPoN MY DEFECT W 1H6 wkJEY WRNIN
AY MY A r BASED IrE AW DEFECT IN TH6
ME CERIIFIGnW SHOWN HE1tE0N. M NO EVENT SNNL
O�N�FDPERSONaI� K1JOrR110� RFLB OvECSR 011 ON CO �SESCOMEP ASBE�M�ED IN�SECINRL bLMD W() YCORNUYEMW. AS
PESTORATgN OF TAD' BUCK YONUSE OR VINO KNOWMCLY REMOVES OR NNOWMGLY CAUSES ro BE 411, MY BEARING
TREE KNOWING wCX IS A BEARING 1XEE OR OMFR WCESSORY, A$ 061NE0 BY SECTION b -BS -10] (��, C.R.S.. EVEN IF
sup vF_RSON NW TITLE TO ME LINO W WHICH SND 40NU4EW OR ACCESSORY IS WGTED. COMMITS /, CLUSS 2
iIJD PERSON MAS CAUSED A COLOPIDO PROFESSIOWL LMD SURVEYOR TO
'FERENCE MMNS FOR GCH wCN MWUYENI OR WCESSOM REMOVED IMO
RECOPD WPSILVlT TO ARDCIE SJ OF TIRE b. CR.3.
B1 CERWFIGnON DEFlNED: THE USE a
THE WOPD MERIIFY OR 'CERRFIGnON' W A REasTERED PROFESSIONAL UND
S RVYOR, IN 1NE PAACum M VND SURVEYNG, COHSTRUIES M IXPRESSIW OF PROFESSIONAL OPINION PEOMpNG THOSE
FACrs OF f1NDINOs WHICH ME SUBJECT OF 111E CERRFlGnON, MD GOES NOT CONSRTUIE A WMRNM OR CUARWIEE,
ERNER EXPRESS um.
e) EASEMFNTs MD RIGHTS a WAY OF RECORD INVE BEEN RESFIACHEO BY AMERICM WESL VND SURVEYING COMPMT, MD
E SHOWN HEREON. NO TITLE CWMIIMEM WAS PRONOEo BY NE WENT FOR 0115 wINEr.
PROPERTY DESCRIPnON:
LOTS B OF RECORDED IXEYPTION N0. 14])-1]-4 REC%14-OOJS RECORDED JULY 3] 2014 AT RECEPTION N0. 40]23)4
MfNDUN,P�NTY OF WED N� h OF COLOSERAWW i]. TOWNSHW 1 NdIIN. RANGE 6! WEST OF T1E B1H PWNCIPK
PROPERTY OWNER'S CERTIFICATE:
111E UNpfRSIGNED. BEING ME SaE OWHFR W FEE Of ME ABOVE DESLgeEO PNOPERM. DD XEAElO sUBDMpE 1HE SME
AS SMOYM ON i1C ATTACKED YIP. UNOERBTMD THe PROPExTT 5 LOGIEp IN 1HE AGRKXANRAL xONE asngcT MD 5
AL50 MIENOED TO PROVMIE MEAS FOR THE CaIaMT a OMER USES W RN;11T, ACCESSaN USES IMO 056 BY SPECML
REMEW.
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CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES -ADMINISTRATIVE REVIEW:
STATE OF CaalI40
CWNtt Oi WELD SS.
WffNE55 W HMD MD sFll,
INTO(/T�WARv��A�!�.YPUB�LIC
EASEMENT CERTIFICATE:
�OF ETNEPUYR OAS SDNOWN OEWR <�HIBTEED FF
g
SURVEYOR'S CERTIFICATE:
MERLE R. A REWSTERED PROFESSgWLL LAND SUMEYa+ W ME STATE OF CWOgIOO W HEREBY CERMY 11NT NIS
RECORDED IX PUT WAS PREPARED UNDER W PERSONAL wPERNSION, NM RNi 1M3 PUT Is M ACCURATE
RFPRESEMAIgN IREIIEOF. FUITMEA CEIRRY TINT ME SURVM Mp LNIS PUi COMPILES WIN NL MPLN%1BLE RULES
REGUUIKW5 MO UWb OF ME STATE OP COLORWO. STATE BOMD OF REGISTUIKM fat PROFEBSOINL ENGINEERS MB
PROF6510NAL wmEYars, MD WElO COUNTY.
ERLE R. P.LS. ]8048
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Recorded Exemption No. 1477-17-4 RECX19-0109
Located in the Southeast 1/4 of Section 17,
Township 1 North, Range 63 West of the 6th P.M.,
County of Weld, State of Colorado
Sheet 2of2
�._. 80' RIGHT-OF-WM (30' EAd SIpE
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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: May 17, 2023
Time: 9:00 a.m.
Applicant:
Michael Coan
28242 County Road 10
Keenesburg, Colorado 80643-9415
Request: Partial Vacation, VAC23-0023, of Two -Lot Recorded Exemption, RECX19-0109, for
Removal of Lot B
Legal Description: Lot B of Recorded Exemption, RECX19-0109; being part of the SE1/4 of
Section 17, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 8; west of and adjacent to County Road 65 (see
Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: May 5, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX19-0109
Owner
TRENT AND JORDAN MADSEN
MICHAEL COAN
Address
P.O. BOX 633
28242 COUNTY ROAD 10
City State Zip
KEENESBURG CO 80643-0633
KEENESBURG CO 80643-9415
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, RECX19-0109, in the United States
Mail, postage prepaid First Class Mail as listed above.
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Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com".
Certified Mail Fee
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Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
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• Certified Mail Restricted Delivery
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PS Form 3811, July 2020 PSN 7530-02-000-9053
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
4/19/2023
8:32:40 AM
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.
�JR.VI l,Uph wrrk,
,411 Signature
Date
Property Owners Within 500 Feet of Parcel # 147717400007
Account
Parcel
Owner
Mailing Address
R6778451
147716200005
THOENE CAREY
R6778451
147716200005
THOENE KEITH
1601 COUNTY ROAD 49
HUDSON, CO 806428601
R1026102
147717000018
QUIMBY JOENNE
R1026102
147717000018
QUIMBY MARK
31545 COUNTY ROAD 8
KEENESBURG, CO 806438300
R8979759
147717100049
LAWLEY STACY
R8979759
147717100049
LAWLEY BRAD
25650 MCKELVIE RD
ALVO, NE 683041800
R8953441
147717200048
RUUD KARL A
7 CORRAL VIEW
CALGARY AB T3Z 3B7
CANADA,
R1401902
147717300022
JINER SUSAN L
R1401902
147717300022
JINER TERRY
31459 COUNTY ROAD 8.
KEENESBURG, CO 806438300
Parcels: 16
Owner Records: 25
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
4/19/2023
8:32:40 AM
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.
Uc cJ
"110)T3 Signature
Date
Property Owners Within 500 Feet of Parcel # 147717400007
Account
Parcel
Owner
Mailing Address
R8945243
147717300025
COAN MICHAEL J
28242 COUNTY ROAD 10
KEENESBURG, CO 806439415
R5255708
147717400001
MADSEN LAUREN N
R5255708
147717400001
MADSEN JASON T
2967 COUNTY ROAD 61
KEENESBURG, CO 806438608
R5255808
147717400002
COLALEO LINDA S
R5255808
147717400002
COLALEO VITTORIANO N
3275 COUNTY ROAD 65
KEENESBURG, CO 806438604
R5255908
147717400003
COLALEO LINDA
R5255908
147717400003
COLALEO VITTORIANO
3275 COUNTY ROAD 65
KEENESBURG, CO 806438604
R8964285
147717400006
Loo- P
MADSEN JORDAN
R8964285
147717400006
I" 4- A
MADSEN TRENT
PO BOX 633
KEENESBURG, CO 806430633
Parcels: 16
Owner Records: 25
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
4/19/2023
8:32:40 AM
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.
_)G1 el 100u to) de -
Signature
Date
Property Owners Within 500 Feet of Parcel # 147717400007
Account
Parcel
Owner
Mailing Address
R8964286
147717400007
1.(j-?
COAN MICHAEL J
28242 COUNTY ROAD 10
KEENESBURG, CO 806439415
R7811899
147717400013
CARDINAL COMMUNITY ACADEMY
3101 COUNTY ROAD 65
KEENESBURG, CO 806438604
R6778944
147717400016
RAMIREZ ERNESTO CONCEPCION LOPEZ
3161 COUNTY ROAD 65
KEENESBURG, CO 806438604
R6778945
147717400017
SCHISSLER JANEANE M
R6778945
147717400017
SCHISSLER RONALD A
3165 COUNTY ROAD 65
KEENESBURG, CO 806438604
R6787466
147717400020
CONTRERAS JUAN ANTONIO CORDOVA
31825 COUNTY ROAD 8
KEENESBURG, CO 806438300
R6525886
147720000008
HILLENBRAND MARY E ETAL
C/O MARY E HILLENBRAND
1007 S 21ST ST
COPPERAS COVE, TX 765223426
Parcels: 16 Owner Records: 25
Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
4/19/2023
8:32:40 AM
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.
Property Owners Within 500 Feet of Parcel # 147717400007
Parcels: 16
Owner Records: 25
cn k(DOA et
LiiItglz3
Signature
Date
Page 4 of4
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION E
XEPTIONS
FOR PLANNING DEPARTMENT US DATE RECEIVED:
AMOUNT: $ CASE # ASSIGNED:
APPLICATION RECEIVED BY: _3 PLANNER ASSIGNED:
PLAT INFORMATION
Title of platto be vacated: Reco(2.De D 6X EvkPT)v& No. /4 77 -17 - 4- S _� T� R 1()
►; Complete Vacation (must include all lots) R ECX / 9 —0/0 9
Partial Vatation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreacte Affected Easements
13
14 771 74 0 g 7
111.12
i A cc ess l oc_A-T? o,..)
i i „d e. — t N -e
p
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: MtC I4AEL. 1' CorA 1J
Company:
Phone#: 303-704-3490 Email: 13fv\CC0v}N yAH00. Co $4
Street Address: 2a.2.42- C t2. /0
City/State/Zip Code: EE`N ES $ ut2 G; ex, 80 43
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name: 5A-44 -e_
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.
e&A-i0 `� 2 Z,3
Signature: Owner or A orized Agent Date Signature: Owner or Authorized Agent Date
cj-fnf✓L T Co kN
Print: Owner or Authorized Agent
Print: Owner or Authorized Agent
4889261.,. Pages: 1 of 4'.
03/29/2023.11:28 AM R. Fee:$28..00 D Fee:$0.00
Carly.KoaPO , Clerk and Recorder Weld County
FM N I �cr lialLi
Prepared by:
Michael J Coan, 28242 County Road 10., Keenesburg Co. 80643
Parcel ID:
147717400007
Quitclaim Deed
THIS DEED is dated 11'144-cl-I
7 , z OZ3 , between:
Michael J Coan, married, of 28242 County
Road 10., Keenesburg Co. 80643, (the
"Grantor")
AND
Michael J Coan, married, of 28242 County
Road 10, Keenesburg, CO 80643, (the
"Grantee")
WITNESS, that the Grantor, for and in consideration of the sum of $10.00, the receipt and
sufficiency of which is hereby acknowledged, remises, releases, and sells, as well as quitclaims,
unto the Grantees, their heirs and assigns forever all the right, title, interest, claim and demand
which the Grantor has in the real property, together with improvements, if any, situate, lying
and in the County of Weld of the State of Colorado, described as follows:
PT SE4 17 1 63 LOT B Rec Exempt RECX 19-0109
according to the recorded plat in the Office of the County Clerk and Recorder filed Dec. 18,
2019.
This property is also known by street number as TBD County Road 8, Keenesburg, Colorado
80643.
Assessor's schedule or parcel number: 147717400007
Page 1 of 4
Quitclaim Deed _ _ Page 2 of 4
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges belonging on the property, or in anywise appertaining to the property, and all the
estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the
only proper use and benefit of the Grantee, and the Grantee's heirs and assigns forever.
IN WITNESS WHEREOF the Grantor has executed this deed on the day and year above
written.
Signed in the presence of:
Witness signature
rte c: 11`v,,rt o l d
Witness name
4889261 Pages: 2 of 4
03/29/2023 11:28 API R Fee:$28 00,D Fee_; $0:0,0
Carty Koppea, Clerk andReoorder.,_ Weld County , CO
II III
Quitclaim Deed Page 3 of 4
Spousal Acknowledgement
I, Betty A Coan of 28242 County Road 10, Keenesburg, Co. 80643, spouse of Michael J Coan,
in accordance with the above Quitclaim Deed, and in consideration of the above sum and other
good and valuable consideration received, do hereby waive and release to the Grantee all rights
of dower, curtesy, homestead, community property, and all other right, title and interest, if any,
in and to the above property.
STATE OF COLORADO
COUNTY OF
1411 lc(
Spouse's Signature;
The foregoing instrument was acknowledged before me, &etSet l nr-►Q 'h tfi'b , this
^jam day of I..tA clti , o2p a by the Grantor's spouse, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
My commission expires 60- l 2 -
a0
Cue
Notary Public, the State of Colorado
County of W1.Q ICI
4889261 Pages: 3 of 4
03/29/2023 11:20 AM R Fee:$28.00 D Fee:$0.00
Carly Koppel, Clerk and Reoorder, Weld County CO
1111 FACI A.1.1I0Q11N NA1CL 11111
TERESA LYNNE SMITH
NOTARYPUBLIC'._.
STATE_OF COLORADO:
NOTARY Ib 20124038374
,MY COMMISSION E%PIRES JUNE 12 2024, ti
Quitclaim Deed
Page 4 of 4
Grantor Acknowledgement
STATE OF COLORADO
COUNTY OF 0 ( A
The foregoing instrument was acknowledged before me, liiiesk hnp_ in , this
1 day of , . SvGl, , de..- , by the Grantor, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed
to the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity, and that by his/her signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
My commission expires (0 -1 - x?.
Notary Public, the State of Colorado
County of 1,0,Q (ot
4889261 Pages: 4 of 4
03/29/2023 11:28 AM R Fee:$28.00 D Fee:$0.00
Carly Koppel, Clark and Reoordar, Weld County , CO
514/1111
4728360. Pawls, .1 of .1
Carly Seps s OClerk er,d RaeOre ratuo0a C�oliniv $0.00
Cpl I �1 N 1 'h '1l.4�'tti�4�4 RIif illOdl4rh' 1 1
WHEN RECORDED RETURN TO:
Nlaual J Coen
20242 County Road 10
Keenesburg, Colorado 80643 QUITCLAIM DEED
THIS DEED, made this 25th day of Jane 2021 between Michael J Coen
Colorado - and Micheal J Coan
whose legal address is28242.County Road 10, Keenestw(g, Colorado 80843
("Grantor"), of the County of wee
and State of
("Grantee")
WITNESS, that the Grantor, for and in consideration of 10. Dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold
and QUITCLAIMED and by these presents does remise, release, sell and QUITCLAIM unto the Grantee,
and the Grantee's heirs and assigns forever, as •• Soie Oe,,e, , all of the right, title
interest, claim and demand that the Grantor has in and to the real property, together with the fixtures and
improvements located thereon, • if any, situate, lying and being in the County of Web and
State of Colorado, described as follows:
Lot B, Recorded Exemption No. 1477-17-4 RECX19-0109, 111.12 acres +I- gross
Also Known As: n/a
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and
claim, whatsoever, of the Grantor, either in law or in equity, to the only proper use, benefit and behalf of
the Grantee, and the Grantee's heirs and assigns forever.
EXECUTED AND DELIVERED on the date set forth above.
STATE OF: Colorado
}
} ss.
COUNTY OF: W:¢1\c }•
The foregoing instrument was acknowledged before me 2 ct.-1
Michael J Coan
Witness my hand and official seal.
My commission expires:
12,-) C-,' Ll S , 2c c2
Public
JENNIFER'NESSUNK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184010441
f MY COMMISSION EXPIRES MARCH 6. 2022
•• if tenancy is unspecified, the legal presumption shall be tenants in common (C.R.S. 38-31-101).
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Michael
J.
Coan
Applicant:
RECX19-0109
I
Planner:
Michael
Hall
Le al
g
Descri
p
tion:
Lot
Ti
N,
B
of
R63W
Recorded
of
the
Exemption
6th
P.M.,
Weld
RECX14-0035;
County,
CO
being a
part
of
the SE4
of
Section
17,
Parcel
ID
#:
1477-17-4-00-021
i
Lot
A Size:
+/-
5 acres
Lot
B Size:
+/- 110
acres
Water
Source:
Lot
Lot
A:
B:
Proposed
Proposed
Well
Well
Sewer System:
Lot
Lot
A:
B:
Proposed
Proposed
Septic
Septic
Criteria Checklist
Yes No
X 1 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. If residences or structures requiring water and sewer are constructed or used for the proposed lots,
Weld County OWTS Permits are required for septic systems and shall be installed according to the
Weld County On -site Wastewater Treatment System Regulations.
2 The applicant has proposed a well as the source of adequate water for Lots A and B. Property
owners are advised that the quantity of water available for usage may be limited to specific uses,
i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning
Services encourages property owners to contact the Office of the State Engineer, Division of Water
Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to
discuss each individual situation.
RECX 19-0109
Page 1 of 6
3. Prior to recording the plat:
A. The applicant shall address the concerns of the Public Works Referral dated August 26,
2019, relating to the proposed Lot A and Lot B access location.
B. The applicant shall address the comments of the Colorado Division of Water Resources, as
stated in the referral response dated August 7, 2019. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
C. The applicant shall satisfy the concerns of Weld County School District RE -3J, as stated in
the referral response dated August 8, 2019, per Section 24-8-40.K.1 of the Weld County
Code. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services.
D. Lot A shall comply with the two and one-half (2 1/2) 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.
E. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by
Section 24-8-10.8 of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
F. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8-
40.P. of the Weld County Code. Net acreage calculations should not include future road right-
of-way.
4. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1477-17-4 RECX19-0109
B. A 30 foot wide joint access and utility easement extending across Lot B from County Road
8, for the benefit of Lots A and B and all future exemption lots, shall be shown clearly on the
plat. The joint easement shall be dedicated for the use as shown using the language set
forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and
drained to provide all weather access.
C. Show and label the existing and proposed access points and the usage types (Agricultural,
Residential, Commercial/Industrial, and/or Oil and Gas). Public Works will review access
locations as a part of the plat submittal.
D. County Road 8 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate and label on the plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. If the existing right-of-way cannot be verified it shall be
dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant
to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-
50, the required setback is measured from the future right-of-way line. This road is
maintained by Weld County.
E. County Road 65 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate and label on the plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. If the existing right-of-way cannot be verified it shall be
dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant
to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-
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50, the required setback is measured from the future right-of-way line. This road is
maintained by Weld County.
F. 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.
G. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
5. The following notes shall be placed on the plat:
1) Recorded Exemptions on adjacent properties may raise the issue of compliance with
the intent of the Recorded Exemption Process. Approval of this Recorded Exemption
does not guarantee approval of future applications on adjacent properties.
2) 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 2018 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 25 -foot radius of any plugged or abandoned oil and
gas well. Any construction within a 200 -foot radius of any tank battery or 150 -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.
3) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
4) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 of the Weld County Code.
5) 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.
6) The property owner or operator shall be responsible for controlling noxious weeds on
the site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
7) Weld County will not replace overlapping easements located within existing right-of-
way or pay to relocate existing utilities within the existing County right-of-way.
8) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
9) Prior to the release of building permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown
on this plat.
10) Any work that may occupy and or encroach upon any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to commencement.
11) The historical flow patterns and runoff amounts will be maintained on the site.
12) All access and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of
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lot configuration or number of users, and without limitation of the use or intensity of
the use of such easements. No lot owner may install a gate or otherwise impede the
use of such easements without the approval of all persons with rights of use of such
easements.
13) 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.
14) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A and B have an adequate water supply
of sufficient quality, quantity and dependability.
15) Potential purchasers should be aware that Lot A may not be eligible for a domestic
well permit which allows for outside irrigation and/or the watering of stock animals.
The State Division of Water Resources issues all well permits.
16) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment. The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically thereafter.
17) Potential purchasers should be aware that approval of this Recorded Exemption
does not guarantee that well permits will be issued for the lots. Any lot may be
deemed non -buildable if the lot owner is unable to obtain a well permit. The State
Division of Water Resources issues all well permits.
18) 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.
19) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage
Impact Fee Programs.
20) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has
some of the most abundant mineral resources, including, but not limited to, sand and
gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes,
minerals are vital resources because (a) the State's commercial mineral deposits are
essential to the State's economy; (b) the populous counties of the state face a critical
shortage of such deposits; and (c) such deposits should be extracted according to a
rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state.
Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their geographical and
geophysical locations. Moreover, these resources are protected property rights and
mineral owners should be afforded the opportunity to extract the mineral resource.
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21) WELD COUNTY'S RIGHT TO FARM STATEMENT: 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,
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.
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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 an electronic copy (PDF) 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. 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.
9. The applicant shall create and record deeds for all the newly created lots; deeds shall include the
legal description of each lot and the reception of the recorded exemption. New deeds are required
even if lots will remain under the same ownership. Failure to do so may create issues with the
proper assessment of the lots by the Weld County Assessor's Department and may create a
clouded chain of title.
By: Date: 09/26/2019
Michael Hall, Planner II
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