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Home My WebLink About20230832.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0007, OF TWO -LOT RECORDED EXEMPTION, RE -3566, FOR REMOVAL OF LOT B - VIMA PARTNERS, LLC, C/O MARTIN LIND 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 June 19, 2003, the Department of Planning Services approved Two -Lot Recorded Exemption, RE -3566, and WHEREAS, the Board has received a request from the current property owner, Vima Partners, LLC, c/o Martin Lind, 1625 Pelican Lakes Point, Suite 201, Windsor, Colorado 80550, to vacate Lot B of Recorded Exemption, RE -3566, located on the following described real estate, to wit: Lot B of Recorded Exemption, RE -3566; being part of the E1/2 NE1/4 of Section 6, Township 5 North, Range 67 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Vima Partners, LLC, do Martin Lind, for Partial Vacation of Two -Lot Recorded Exemption, RE -3566, 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. 4890973 Pages: 1 of 2 04/08/2023 11:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO CC:PL(TP/HN/cG), APPL. r attla� i, lri kia �i III 04/i4/21 2023-0832 RE -3566 PARTIAL VACATION, VAC23-0007, OF TWO -LOT RECORDED EXEMPTION, RE -3566, FOR REMOVAL OF LOT B - VIMA PARTNERS, LLC, C/O MARTIN LIND PAGE 2 2. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 3. Existing access points shall be identified on the plat. 4. The applicant shall delineate on the plat the existing right-of-way for County Road 15 and the physical location of the road. 5. Delineate a Vicinity Map on the plat. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of March, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtirm)•4. Weld County Clerk to the Board BY: APP ounty Attorney Date of signature: O3/3O/23 4890973 Pages: 2 of 2 04/08/2023 11:38 AM R Fee:$0.00 carly Koppel, clerk and Recorder, Weld County , c0 VIII NU�1R'�M�� Ii�Wh�'�I� ��S��r�� Kr�yii4Hlti 11111 Mike e)nan, Chair Per L. Bu•i'. Pro-Tem S o t K. James Lori Saine 2023-0832 RE -3566 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Chris Gathman, Planner Subject: Partial Vacation of Lot B of Recorded Exemption RE -3566 Owners: Vima Partners LLC Authorized Agent: Martin Lind Legal Description: Lot B of Recorded Exemption RE -3566; being a part of the E2NE4 of Section 6, T5N, R67W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 62 and east of and west of adjacent to County Road 15 Parcel Number: 0957-06-1-00-011 Total Parcel Size: +1- 73.39 acres Zone District A (Agricultural) Summary: The applicant is requesting to vacate Lot B of RE -3566. RE -3566 was recorded on October 10, 2003 under reception #3114703. CR 62 (Crossroads Boulevard) has been annexed to the Town of Windsor. County Road 15 is a county - maintained local gravel road. Therefore, access shall be shown on the plat at the closest county - maintained road (i.e. CR 15). There are no access permits of record onto County Road 15. However, two access point locations are delineated on the RE -3566 plat. Aerial maps indicate that there are two existing accesses onto County Road 15. 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. 2023-0832 3 l Z Z Vacation of Lot B RE -3566 I Vima Partners LLC Page 1 of2 "R1-35LeLp 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 conditions. 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. B. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. C. Existing access points shall be identified on the plat. D. The applicant shall delineate on the plat the existing right-of-way for County Road 15 and the physical location of the road. E. Delineate a Vicinity Map on the plat. Vacation of Lot B RE -3566 I Vima Partners LLC Page 2 of 2 748 Whalers Way Suite 200 Fort Collins, CO 80525 970.226.0557 main 970.226.0204 fax ideas@tstinc.com www.tstinc.com TST, INC. CONSULTING ENGINEERS January 12, 2023 Department of Planning Services Weld County Colorado 1150 O St. Greeley, CO 80631 Re: Lot B, Recorded Exemption No. 0957-6-1 RE 3566 Vacation Letter To whom it may concern: The purpose of this vacation request is to allow for a reorientation of the lot lines as they currently exist between parcel #095706100010 and parcel #095706100011. The Weld County Assessor identifies the current owner of Parcel 095706100011 as Vima Partners LLC. The owner of this parcel proposes to vacate the recorded exemption pertaining to this lot per Recorded Exemption #0957-6-1 RE 3566 recorded October 8, 2003 subsequent to the Complete Vacation Process, Ordinance 2021-08. The subject sites total approximately 73.39 acres. As depicted on the attached Plat exhibit, several existing -to -remain utility and access easements, and dedicated ROW exist on the subject properties. An existing exemption plat and a draft land survey plat showing the vacation described by a metes and bounds or aliquot legal description is included with this letter. Lot B legal des, ipti LOA' B EXEMPTION NO. 0957-6-1 RE 3566 (b) -(r)0? -3 M."' Lin • Date Lind and Company, Inc.; Vima Partners, LLC Owner Attachment Vacation Plat Exhibit ■ VACATION OF LOT B OF RECORDED EXEMPTION NO. 0957-6-1 RE 3566 A PARCEL OF LAND BEING A PORTION OF THE NORTH HALF OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 67 WEST, OF THE 8TH PM; COUNTY OF WELD, STATE OF COLORADO GAM OF BEARING BTATEMENT COn51aCR,NL ,xC VORIh lWC Of MC nORMA51 pUA.92R a YCpal 6 AS BCAR.NL 6681]'06"w o�sr.Nr�ar«n].ep rs Cr, enxc vovuv�Nrr� w rnE .[s] rvD p- A i r uu v cnv Ls I bY, nE -A Ex0 Rv AV AL W CAP. is JAY6 An rov'�Rgx^.viii BLwirLCs CROSSROAD PARCEL /09570610001° NMA PARTIER5, LLC PRO)PERTY ONMER'S CERTIFICATE VIMA PARTNER$, LLG NOTARIAL CERTIFICATE R�C0RDI 90w xR WCw ICO �S u11�LEiPem,'CJ WLI pr I Da' IxL wwL RSCN.nCO PROhN,v, NLVLd, vAGIL INC LAND ONILgv rul or S]Arr: Ca0RA00 ) 5689603 EL ,093] ZW xC: 500,05"E 89.95' �T roc rte] 1� rLLvww 0w OF SOrJ� le"'w 16].63' wCID ' INL IONL.AixL INSiNUVLNI wA5 .1.0 1.0.0 OLIO. uL 01 ROAR° OF COUNTY COMMISSIONERS APPROVAL wcLo cv o m� s �ic oA��o m ,xc eo �D or cwN,r rnvvrsspNCRs or caoRAmMwnx[ss ywLo wp 1Nc coRPpRw,E uAl nr wrlp couNr- ,x _ . or >6_ AnRWRo Or cpvnn cwurssgnrRs Est: wLLO CWvry CLEN< r0 ,NL nW.Vp RRry <LERx to lla 6awD o+:c _ GENERA1,.!1 $ r. pvinngv: cimin c LEGAL DESCRIPTIOK VOIAm POO.C hCR OBSCRv6igx a' CONOrI pVs, xxOwICOCE. iNrOiuA,gN Avp A ConMtlN'S C]';SrCKC RCUMs M OixCR rARiv Or AVr S Axr w1Rlp rAVp SIMNrR vOnVVErD OR Lw0 LgNuvrn'i OR Ov NVVOCR5 MC PURL OOCUBCN:S rLCO w 111C R[CORD5 Or wCEO CWn':v CRRN'D0. wCRRC CiuvINV EEO /5 ,! �OUipV Mp hMROSE AV> wCRC x01 [MOWED AS i0 0t 10ARC V.S SUicirCEI. WC RC,CR COWLS n8.]]/f3 VS SU:: CMc:Lv xVROL�' NC A irt*C sCARtlI m r2,. IVC. l0 OC:CRVWC OwNCR5r1P a illrs :RACt KRYY T4 Dx w1r4 xL or NWCrN, tgRAt,s. OAR KRhl C [urVi5 M RCCORO. rON ALI r o.:si. Wc. Dq N9r r mLE cpuu.rvix,. is,. Rc RrsEARnI. :CORDCp EMEVr1gV rM, N0. w31 -8-r RC 5366. ]K vAG,gN D< t01 d16 DONC rOR as:.va a Is1.es •ar ID M .n.r o< OE... , Or ro]eex rtE,: 0erwa O' 636.1] RC,: r6 -a wA1. _AYKn'S Ax0 KSWVC00Ne xOR w US[ w a LGT 8 DESCRIPTIOI'h vAP or A PARcn or LAxD .N' Drt rpwx a wW>soR, couxlr ar wE[o. s:uE or caaLwo; snwrt w stt,pN e. ,owvsllw 3 wRnc awgc 61 wcsl, a rK vL,x vaNarAc nxpw:; Am vpxL rwlcuNL] RscpREo As •RLpws: LEGEND [x. Lot Lw[ vRarossp — — YClpx rc wOxVV[xr (AS Rsci6oEo) r:4.7.1;,"°"'"""" sv BURVEYOR'S STATEMENT' v.D wApgURN, A pAv RCLrs,iRCD UAD $URKVOR IV rllC 5,AlC M caDRADp. m Nixm C[R'ifv ]xAr lnrs vAu,gx w LD1 a" 1RRr Axp �Oxp LCi 5xUPp�n�5 iM RESutrs D" A SV'NCv BADE m va ON uvOER OW L31¢ LL m O r. F O Oz LL Z Z � oa Q L41 >6 Washburn M, 1160. [xO[Cy uAr 1m1 RECORDED EXEMPTIONNo. 0957-6-1 RE 3566 III1111MIIII0rn11116111111AAlIaI�Rllll Lot B , Recorded Exemption No. 0957 -G -1 -RE 1287 "„ ;,,; �; �� County Of Weld, State Of Colorado ��m E: „emu . ""� ,"' ��,"i . u,�.' o ( ,:: fuiv.A �aN'-w..• ... hen) M ...s. . rMb a .+.. LL�1C[IL ly2�NM a M1wlpnyw r�w r..'� w w R�1+. ie,M.rwwe w., s� Jae•• vm.uM1.l ++-• s .�vW mmy • _V...w e;• • LEGEND n � �xoo)a�e 1 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: March 22, 2023 Time: 9:00 a.m. Applicant: Vima Partners, LLC c/o Martin Lind 1625 Pelican Lakes Point, Suite 201 Windsor, Colorado 80550 Request: Partial Vacation of Two -Lot Recorded Exemption, RE -3566, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RE -3566; being part of the E1/2 NE1/4 of Section 6, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 62 (aka Crossroads Boulevard); west of and adjacent to County Road 15 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: March 10, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RE -3566 Owner BRIAN AND CAROLYN NIESS VI MA PARTNERS, LLC C/O MARTIN LIND Address 29517 COUNTY ROAD 15 1625 PELICAN LAKES POINT SUITE 201 City WINDSOR State Zip CO 80550-3401 WINDSOR CO 80550-6236 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, RE -3566, in the United States Mail, postage prepaid First Class Mail as listed above. 0 C3 Dated the 10th day of March, 2023. 1Liflu)TCfc 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 Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage $ Total Pqstage and Egro Vz'niaov-ktrLirO Seri h fl\ctv+i)n Lnd Stree aApt. No. e l -4 n LaLi5ThIri4-5w'k ID Postmark Here +4® 3ai/a soti --1.taxe 101 PS Form 3800, April 2015 PSN 7530-02-000-9047 SENDER: COMPLETE THIS SECTION 0 o ° Cn M N U a N -o k- T CI 15 co EC a) O 0 > C C- o E U 8- a) a) r U o U o N fl a) -C +-- al O < 0 • 1. Article Addressed to: f?\ Oe.mt.aieS ••(\_cs \c\ c%) E o N a) .-J 0 L U) a) CC I- r C O `a F_ Oo 2 2 O �'C ). — a) a) a) .� .t a) o_ oc cr o v) u) cc ❑D❑ DO a O C O C O a) 0 a) 0 U) a) CC c a) ≥ 0 - a) a) f aCOsoo - CCI C13 CC22CC Cp CT Q)O D O O n U *CT) Cn 2 a) j a), a) 5 u)< �UUU cti❑❑\❑❑❑ ac) v o Y U) CD LU LU co co N CO CD 0) 0) rrl O N INI a r 1 C3 Domestic Return Receipt CO C1) U- U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . F Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ • Adult Signature Restricted Delivery $ Postage Total Postage and Fees stre n 47. No., or O Box N Ci ;.sa ZIP 4DY to ` g0550 3'4Z Postmark Here K1(es 5 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 4/14/23. 11:52 AM USPS.com® - USPS Tracking® Results LISPS Tracking® Tracking Number: 70171450000096747497 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update FAQs Remove X Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Out for Delivery Preparing for Delivery Moving Through Network • In Transit to Next Facility March 19, 2023 Departed USPS Regional Facility DENVER CO DISTRIBUTION CENTER March 15, 2023, 8:50 pm • See All Tracking History Text & Email Updates II CD CD CT 0 https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70171450000096747497%2C&tABt=false 1/2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/28/2023 2:25:59 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. E_Abwhli. viaA Signature Date Property Owners Within 500 Feet of Parcel # 095706100011 Account Parcel Owner Mailing Address R8951412 080731404007 QUINTANA CAITLIN E R8951412 080731404007 QUINTANA STUART J 2177 DAY SPRING DR WINDSOR, CO 805503454 R8951413 080731404008 MYERS ANNA MARIE R8951413 080731404008 MYERS BILLY EUGENE 2179 DAY SPRING DR WINDSOR, CO 805503454 R8951414 080731404009 SEAMAN NIEKO NINA R8951414 080731404009 SEAMAN JOSEPH P 2180 CROP ROW DR WINDSOR, CO 805503457 R8951415 080731404010 POWNER JENNIFER R8951415 080731404010 POWNER JAMES 2178 CROP ROW DR WINDSOR, CO 805503457 R8951416 080731404011 EVAVOLD BARBARA 2174 CROP ROW DR WINDSOR, CO 805503457 Parcels: 24 Owner Records: 37 Page 1 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/28/2023 2:25:59 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. O6C1=1"11 EA) CUKTr C —)C, Signature Zyl 7„3 Date Property Owners Within 500 Feet of Parcel # 095706100011 Account Parcel Owner Mailing Address R8951417 080731404012 SCHEIRMAN KRISTEN NICOLE R8951417 080731404012 WAGNER JORDAN DANA 2168 CROP ROW DR WINDSOR, CO 805503457 R8951432 080731404027 RAINDANCE METROPOLITAN DISTRICT NO. 1 1625 PELICAN LAKES PT STE 201 WINDSOR, CO 805506236 R8951435 080731405001 HOFMEISTER KARA E R8951435 080731405001 HOFMEISTER THOMAS J 2187 CROP ROW DR WINDSOR, CO 805503457 R8951436 080731405002 HUNTER PAUL K TRUST 2181 CROP ROW DR WINDSOR, CO 805503457 R8951437 080731405003 MCDONALD TERRI LYNNE R8951437 080731405003 MCDONALD GARY WALTER 2175 CROP ROW DR WINDSOR, CO 805503457 R8951444 080731405010 MAY AMANDA FAMILY TRUST Parcels: 24 Owner Records: 37 Page 2 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/28/2023 2:25:59 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. Otti-1-114 • 1OQtiotsv s3 cJL Signature Date Properly Owners Within 500 Feet of Parcel # 095706100011 Account Parcel Owner Mailing Address R8951444 080731405010 MAY JOHN FAMILY TRUST 2182 FIRST LIGHT CT WINDSOR, CO 805503458 R8951451 080731405017 FALK SHELLY L R8951451 080731405017 FALK STEVEN D 2179 BEEHIVE CT WINDSOR, CO 805503459 R8972241 080731453002 RAINDANCE HOMESTEAD LLC 540 W MADISON ST STE 2500 CHICAGO, IL 606612555 R3274504 080732300002 KESSLER DENNIS E 1255 W 140TH DR WESTMINSTER, CO 800239353 R8968708 080732301005 VIMA PARTNERS LLC 1625 PELICAN LAKES PT STE 201 WINDSOR, CO 805506236 R0362394 095705000028 MARTIN NANCY C R0362394 095705000028 MARTIN MELVIN D 29470 COUNTY ROAD 15 WINDSOR, CO 805503402 R1148896 095705000030 ELLIS TRACEY L Parcels: 24 Owner Records: 37 Page 3 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/28/2023 2:25:59 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. • G-trailli I - [AIM()) CI., --zl Z�J 23 Signature Date Property Owners Within 500 Feet of Parcel # 095706100011 Account Parcel Owner Mailing Address R1148896 095705000030 ELLIS WAYNE M 29506 COUNTY ROAD 15 WINDSOR, CO 805503402 R1148996 095705000031 TROLLCO INC 1625 PELICAN LAKES PT STE 201 WINDSOR, CO 805506236 R0167690 095706000030 ERBES ROBIN K R0167690 095706000030 ERBES GARY J 29981 COUNTY ROAD 15 WINDSOR, CO 805503401 R8952546 095706100010 VIMA PARTNERS LLC 1625 PELICAN LAKES PT STE 201 WINDSOR, CO 805506236 R8952547 095706100011 X4-13 VIMA PARTNERS LLC 1625 PELICAN LAKES PT STE 201 WINDSOR, CO 805506236 R2689204 095706100034 Lb44 NIESS CAROLYN M R2689204 095706100034 Lo 4--A NIESS BRIAN 29517 COUNTY ROAD 15 WINDSOR, CO 805503401 R8952544 095706200008 WINDSOR TOWN OF PO BOX 627 WINDSOR, CO 805500627 Parcels: 24 Owner Records: 37 Page 4 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/28/2023 2:25:59 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. 604CCH91 • 061110.rr-k- -2-1 Signature 7-1 13 Date Property Owners Within 500 Feet of Parcel # 095706100011 Account Parcel Owner Mailing Address R8977864 095706400004 LIND THEODORE H LIVING TRUST 29241 COUNTY ROAD 15 WINDSOR, CO 805503401 Parcels: 24 Owner Records: 37 Page 5 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 2/28/2023 2:25:59 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. Property Owners Within 500 Feet of Parcel # 095706100011 Parcels: 24 Owner Records: 37 Date Signature Page 6of6 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION VACATION OF LOT B OF RECORDED EXEMPTION NO. Title of plat to be vacated: 0 957-6-1 RE 3566 S 6 T 5N R 67W Q Complete Vacation (must include all lots) ❑ Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number Acreage Affected Easements B 095706100011 73.39 N/A PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Martin Lind Company: Vima Partners LLC Phone #: (970) 686-5828 Email: MLind@watervalley.com Street Address: 1625 Pelican Lakes Point, Suite 201 City/State/Zip Code: Windsor, CO 80550 APPLICANTIAUTHORIZED AGENT (Authorization 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 authori to sign for the corporation. I (We) have read and agree / comply with the regulations for complete or partial vacation of recorded exemption or subdivision exemption. Signature: Ow ? '-r Aut orize ' gent Martin Lind Print: Owner or Authorized gent Date Signature: Owner or Authorized Agent Date Print: Owner or Authorized Agent 7/20/2021 4348654 10/31/2017 04:50 PM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County, CO QUITCLAIM DEED THIS DEED, made this 31. day of October, 2017, between Martin Lind, whose address is 1625 Pelican Lakes Point, Suite 201, Windsor, CO 80550, Grantor, and VIMA PARTNERS, LLC, whose legal address is 1625 Pelican Lakes Point, Suite 201, Windsor, CO 80550, Grantees: WITNESS, that the grantor, for and in consideration of the sum of TEN DOLLARS, 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 grantees, grantees' heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: LOT B, RECORDED EXEMPTION NO 0957-6-1 RE 3566, RECORDED OCTOBER 8, 2003 AT RECEPTION NO. 3114703, BEING LOCATED IN THE E'/2 OF THE NE 1/4 OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6m P.M., COUNTY OF WELD, STATE OF COLORADO AND THE WEST V2 OF THE NE 1/4 OF SECTION 6, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6'c P.M., COUNTY OF WELD, STATE OF COLORADO ".EXCEPTING THEREFROM, ANY WATER RIGHTS, DITCH AND DITCH RIGHTS, NON -TRIBUTARY WATER RIGHTS, MINERALS, MINERAL RIGHTS, GRAVEL OR GRAVEL RIGHTS, ALL OIL AND GAS, AND OIL AND GAS RIGHTS OWNED, IF ANY ARE, BY GRANTOR commonly known as vacant land. 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 equity, to the only proper use, benefit and behoof of the grantee its heirs and assigns forever. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. GRANTOR(S): Martin L STATE OF COLORADO ) SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 31. day of October, 2017, by Martin Lind, individually. My commission expires: September 9.2020 Witness my hand and official seal. LARA D WYNN Notary Public State of Colorado Nataryl0 M 20044032081 My Commtafen Expire. 09.09.2020 10/31/17,Q, claim need MIS. TO VIMAPARTNERS,wpd OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF DOCUMENT FILED I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, the attached document is a true and complete copy of the Report with Document # 20231033562 of VIMA PARTNERS, LLC Colorado Limited Liability Company (Entity ID # 20021009491 ) consisting of 2 pages. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/06/2023 that have been posted, and by documents delivered to this office electronically through 02/09/2023@ 06:12:39. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 02/09/2023 @ 06:12:39 in accordance with applicable law. This certificate is assigned Confirmation Number 14685050 . Secretary of State of the State of Colorado **::*****************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's website is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's website, https://www.coloradosos.goi/biz/CertiftcateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our website, htqrs:/lwww.coloradosos.gov click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." Colorado Secretary of State Colorado Secretary of State ID#:20021009491 Document #: 20231033562 Filed on: 01/09/2023 10:14:35 AM Paid: $10.00 Periodic Report filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S) The entity name is VIMA PARTNERS, LLC The entity ID Number is 20021009491 Jurisdiction under the law of which the entity was formed or registered is Colorado The principal office street address is 1625 Pelican Lakes Point, Suite 201 Windsor CO 80550 US The principal office mailing address is 1625 Pelican Lakes Point, Suite 201 Windsor CO 80550 US The name of the registered agent is Martin Lind The registered agent's street address is 1625 Pelican Lakes Point, Suite 201 Windsor CO 80550 US The registered agent's mailing address is 1625 Pelican Lakes Point, Suite 201 Windsor CO 80550 US The person above has agreed to be appointed as the registered agent for this entity. 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., 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 Lara Wynn 1625 Pelican Lakes Point, Suite 201 Windsor (Weld) CO 80550 US COLORADO Ge to DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Martin Lind RE -3566 I Planner: C. Gathman Legal Description. Lot County, B, RE -12 CO 7; Part E2NE4 Section 6, T5N, R67W of the 6TH P.M., Weld Parcel ID #: 0957 06 00CK 31 Lot C Size: Not Applicable Lot B Size: +/- 72.5 acres Lot A Size: +1- 4.5 acres Water Source: Ci of Greele Sewer S stem: Se tic S stem Yes No X X X X h' X Criteria Checklist Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions nu 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. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. • 2. Prior to recording the plat: A. The plat shall be titled: Rec Drded Exemption No. 0957-6-1 RE -3566 B. The applicant shall submit tc the Weld County Department of Planning Services evidence that any existing septic system r tests all requirements of the Weld County Department of Public Health and Environment. Th- 3 Weld County Department of Public Health and Environment was unable to locate a septic per, . lit for the septic system located at 29517 County Road 15. Since the property owner propose.: to abandon the existing septic system and apply fora new septic permit. If the owner chooses r" to apply for a new septic permit at this time, the existing septic system which is currently net .: =Witted through the Weld County Department of Public Health and Environment will require; an I.S.D.S. evaluation prior to the issuance of the required septic permits. In the event the st stem is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. C. Lot A shall use the existing -esidential access point as no additional accesses shall be granted. D. The applicant shall do one of the following in regards to access to Lot B: 1) The access point Oar Lot B shall be located entirely within the boundaries of Lot B. A minimum 30 -foot f. agpole encompassing the existing access point off of County Road 15 for Lot B shall b<3 designated or the existing access point shall be shared with Lot A. In the case of a sl, ared access. Half of the access point shall be located within the boundaries of Lot f, and half of the access point shall be located within the boundaries of Lot B. Or 2) Designate a separate access point for Lot B off of County Road 62 (no accesses designated off of County Road 15). E. County Road 15 is designated on the Road Capital Improvement Plan n the County Wide Impact Fee Code Ordinance us a local gravel road, which requires 60 feet of right-of-way at full build out. A total of 60 feet from the centerline of County Road 15 shall be, shall be delineated on the plat as right-of-way reservation for future expansion of County Roe d 15 as outlined in the referral received from the Town of Windsor on May 22, 2003. This ro ad is maintained by Weld County. F. County Road 62 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance as a paved road, which requires 60 feet of r!r ht -of -way at full build out. There is presently 60 feet of right-of-way. A total of 75 feet from 1,. centerline of County Road 62 shall be delineated on the plat as right-of-way reservation for `uture expansion of County Road 62 as outlined in the referral received from the Town of Windsor on May 22, 2003. This road is maintained by Weld County. G. The applicant shall attempt to address the requirements (concerns) of the Town of Windsor, as stated in the referral response received May 22, 2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. The applicant shall attempt to address the requirements (concerns) of the Windsor -Severance Fire Protection District, as stated in the referral response received May 12, 2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. I. 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. • J. 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. K. The following notes shall be placed on the plat: 1) All proposed or existing structures will or v meet the minimum setback and offset requirements for the zone district in whicl he property is located. Pursuant to the definition of setback in the Weld County C ;, e, 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, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 1;0 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank batary or 150 -foot radius of any wellhead shall require a variance from the terms of the erection 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zo g and building permits. 3) 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 inc.ude the Lot designation and Recorded Exemption number. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 5) 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 Wold County Code. 6) 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 proper ies. 7) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Pro,- urn. (Ordinance 2002- 11) 8) Prior to the demolition of any structure, the applicant shkl obtain any required demolition permits from the Weld County Building Inspection Department and conduct any asbestos related inspections as required by Regulation E of the Colorado Air Quality Control Commission. 9) Prior to the release of building permits on Lots A and B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. • 10) WELD COUNTY'S RIGHT TO FARM We: county is one of the most productive agricultural counties in the United States, , king fifth in total market value of agricultural products sold. The rural areas of "./, County maybe open and spacious, but they are intensively used for agriculture. F -sons moving into a rural area must recognize and accept there are drawback , cluding conflicts with longstanding agricultural practices and a lower level o' a. ~vices than in town. Along with the drawbacks come the incentives which attre rban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of ...y noise and congestion, and the rural atmosphere and way of life. Without neighborir g farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expec. ed to change the long-established agricultural practices to accommodate the intrusic -s of urban users into a rural area. Well run agricultural activities will generate off-: to impacts, including noise from tractors and equipment; slow -moving farm vehicle's on rural roads; dust from animal pens, field work, harvest, and gravel roads; odar .:.1 animal confinement, si€age, and manure; smoke from ditch burning; flies and mosq:,:tees; and the use of pesticides and fertilizers in the fields, including the use of aerial sF -eying. Ditches and reservoirs cannot simply be moved out of the way of residential d welopmer,t without threatening the efficient delivery of irrigation to fields which is east ,ntial to fierm production. Section 35-3.5-102, C. R. S., provides that an agricultu al operation shall not be found to be a public or private nuisance if the agricultural ope at€on alleged to be a nuisance employs methods or practices that are commonly o - reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square riiies in size (twice the State of Delaware) with more than 3,700 miles of state and c;ounty roads outside of municipalities. The sheer magnitude of the area to Ire ' erved stretches available resources. Law enforcement is based on responses to cc r'r laints more than on patrols of the county and the distances which must be travel, may delay all emergency responses, including law enforcement, ambulance, and t . Fire protection is usually provided by volunteers who must leave their jobs t c t families to respond to emergencies. County gravel roads, no matter how ofte they are bladed, will not provide the same kind of surface expected from a paves : c.. I. Snow removal priorities mean that roads from subdivisions to arterials may not be clr 3red for several days after a major snowstorm. Snow removal for roads within sub- visions are of the lowest priority for public works or may be the private respor ility of the homeowners. Services in rural areas, in many cases, will not be egss ant to municipal services. Rural dwellers must, by necessity, be more self-sufficien, .tan urban dwellers. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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 Weld County Clerk and Recorder by Department of Planning Services' • Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. 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 maosfa'Jco.weld.co.us. 5. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. 1 By a. A Chris Gathman + Planner II - AICP Date June 19.2003 Hello