HomeMy WebLinkAbout20231090.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0021, OF FOUR -LOT RECORDED
EXEMPTION, RE -4883, FOR REMOVAL OF LOT D - WILLIAM AND NOBLET DANKS
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 February 9, 2009, the Department of Planning Services approved Four -Lot
Recorded Exemption, RE -4883, and
WHEREAS, the Board has received a request from the current property owner, William
and Noblet Danks, 5435 East Second Avenue, Denver, Colorado 80220-5866, to vacate Lot D of
Recorded Exemption, RE -4883, located on the following described real estate, to wit:
Lot D of Recorded Exemption, RE -4883; being part
of the SW1/4 of Section 6, Township 4 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 William and Noblet Danks, for Partial Vacation of Four -Lot
Recorded Exemption, RE -4883, for removal of Lot D, be, and hereby is, approved, subject to the
following condition(s):
Upon acceptance, all supporting documents of this request, signed by the property
owners and this fully executed Resolution 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 Board of County Commissioner's Resolution and
supporting vacation request documentation with the Weld County Clerk and
Recorder.
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Carly Kopp., Clerk and Recorder, Weld County , CO
VIII IgIn g IMAM 141M UM MAIM Mtj y 11111
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 KIR' 'ii'r'llq.lri 'L LI 11111
cc: Pt (TP/KW/Ko), fhPPL.
05/23/23
2023-1090
RE -4883
PARTIAL VACATION, VAC23-0021, OF FOUR -LOT RECORDED EXEMPTION, RE -4833, FOR
REMOVAL OF LOT D - WILLIAM AND NOBLET DANKS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dia.&
p;
Mi eman, Chair
Weld County Clerk to the Board
BY:
AP
County orney
Date of signature: O.1/.7S /23
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Carly Koppas, Clark and Raoordar, Wald County , CO
III
er L. B • ro-Tem
S •tt K. Jan---Th
evin D. Ross
Lori Saine
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Carly Koppes, Clerk and Recorder, Weld County , CO
PrdL'rki �M 1 I� iI:lllnil' 1411Y4rh �I III
2023-1090
RE -4883
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Board of County Commissioners
From: Kim Ogle, Planning Services
Case: VAC23-0021
Hearing Date: April 17, 2023
Subject: Partial Vacation of Recorded Exemption RE -4883
Owners: Noblet and William Danks
Legal Description: Lot D of Recorded Exemption RE -4883; being a part of SW4 of Section 6, T4N,
R63W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 61 approximately 0.5 miles south of
County Road 50
Parcel Number: 1051-06-3-00-033
Total Parcel Size: +/- 133.639 acres Zone District: A (Agricultural)
Summary:
Noblet and William Danks request to vacate Lot D, being the largest lot of a four -Lot Recorded
Exemption RE -4883, recorded July 15, 2009, reception #3636533. This partial vacation of Lot D of
RE -4883 would result in an approximately 134 acre unplatted parcel. Lot A, Lot B and Lot C of
Recorded Exemption RE -4883 are not a part of this action.
Lot D of RE -4883 has direct access onto CR 61 but no permitted access points. Lot B of RE -4883
does not have a direct access onto a County -maintained road or on unmaintained County right-of-
way. The plat for RE -4883 does include two recorded access easements across Lot D to allow access
onto CR 61. Rec No 3009906 and Rec No 3181270. Planning Services - Development Review has
no concerns with regard to the vacation of Lot D.
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."
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Carly Koppes, Clerk and Recorder, Weld County , CO
Bill
2023-1090
Vacation of Lot D of Recorded Exemption RE -4883 I Noblet and William Darks
Page 1
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 (Exhibit B) and the Metes and Bounds
described parcel referencing the RE -4883 plat. (Exhibit C).
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.
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, all documents
associated with the case and the case resolution 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 Vacation 23-0021 documents with the Weld County Clerk and Recorder.
Exhibits:
A: RE -4883 plat
B: Vacation Request Letter
C. Metes and Bounds Description
D. B. Barker Letter
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Carly Koppes, Clerk and Recorder, Weld County , CO
���� k���I�Y41��hii�'■�I�'��I�+t tiMIY.��I�14't ��hY�'rh �� II
Vacation of Lot D of Recorded Exemption RE -4883 I Noblet and William Danks
Page 2
January 17, 2023
Mr. Kim Ogle
Weld County Department of Planning Services
Re: Danks' Request for Partial Vacation under Weld Code Sec. 24-11-50
Dear Mr. Ogle,
Noblet S. Dunks and William C. Dunks are the sole owners of the two large lots described as:
Lot D of Dunks Recorded Exemption Number 1051-06-2 RE 4882 which was recorded at
County Reception Number 3461780
Lot D of banks Recorded Exemption Number 1051-06-3 RE4883 which was recorded at Weld County
Reception Number 3636533.
eld
We are writing this letter to request that these two lots be vacated as a "partial vacation of an existin
Recorded Exemption" under Weld Code Sec. 24-11-50.
Weld Code Sec. 24-11-50 states: "The vacation request letter shall describe the purpose of the vacatii n,
any existing improvements, and any easements or rights -of -way that may be affected."
Purpose of the vacation. We are both 76 years old and are attempting to "clear -up" any potential
problems for our heirs. One of the problems concern two Recorded Exemptions filed by the Buderus.
Both of these two Buderus Exemptions include property which both the Dunks and the Buderus agree is
owned by the Dunks. This agreement is memorialized in an "Affidavit of Boundary Pursuant to CS
38-35-109(5)", which the Danks and the Buderus recorded on May 18, 2004 at Weld County
Reception Number 3181271.
County Attorney Barker has suggested that the Danks and the Buderus can solve this problem by each
vacating their large lots. We understand that our request can be granted even if the Buderus choose n t
to file a similar "partial request to vacate" for their two recorded exemptions. Regardless of what the
Buderus do, we would like to have this "partial vacation" of our two large lots pursuant to Weld Code
section 24-11-50.
Improvements. There are no "improvements" on either lot. Both lots are used for farming. In
connection with farming, both lots have concrete irrigation ditches and both lots have an irrigation we I.
Lot D of Recorded Exemption RE4883 also has a center pivot and a holding pond. However, there are n
buildings on either of the two lots.
Easements or rights -of -way. There are no easements or rights -of -way that may be affected by the part I
vacation of the two large lots.
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CarlY KoPOes, Clerk and Recorder, Weld County , CO
1111 Arldli Ilkralj:III'r k Vigra/alf�� 11111
Weld County Code Section 24-11-50 further states: "Partial vacations may be used to vacate the la
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."
Lot D in both of the Danks' Recorded Exemptions is the largest lot and both lots D are larger than
acres.
Weld County Code Section 24-11-50 further states: No notice to surrounding property owners is
required, except fora partial vacation of only the largest lot, in which case notice shall be sent to
owners of all other lots within the same exemption plat.
We still own all of the lots in RE4882. We still own all of the lots in RE4883. However, we do not ow
"Lot A RE1475". This is not to be confused with Lot A of RE4883 which we still own. "Lot A RE1475"
owned by Robert and Sharon Holderness. "Lot A RE1475" appears in the NW corner of RE4883. We
no objection if the County deems notice to Mr. & Mrs. Holderness is required.
Address of Owners:
William C. Danks and Noblet B. Danks, 30150 WCR 50, Kersey, Colorado 80644
Signed by all owners of the lot(s) to be vacated.
C—.00Z,n-A-4/
William C. Danks
Noblet B. Danks
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CarlY KoPPes, Clerk and Recorder, Weld County
4111N MI' liWYh 11111
est
ve
2
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
AMOUNT: $ CASE # ASSIGNED:
APPLICATION RECEIVED BY: PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be Vacated: Lot D Corrected RE -4882 and Lot D RE -4883
Complete Vacation (must include all lots)
]Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easem
S 6 T 4 R 63
D
105106200029
133.399
Lot A RE -4820 and Lot D this Plat
D
105106300033
133.639
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: William C. Danks
Company:
Phone #: 303 355 5258
Email: wcdanks@edanks.com
Street Address: 5435 E. 2nd Avenue
City/State/Zip Code: Denver, Colorado 80220-5866
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name:
Company:
Phone #: Email:
Street Address:
City/State/Zip Code:
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions
or subdivision exemptions.
/1/4its;0. C°. O4: /..::?.222.9 WI/de AasiVrA2,,
Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent
William C. Danks Noblet B. Danks
Print: Owner or Authorized Agent Print Owner or Authorized Agent
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Carly Koppes, Clerk and ecorde "e
Date
Vacation of Lot D of Recorded Exemption No. 1051-06-3 RE -4883
Which is Recorded at Reception Number 3636533 on 07/15/2009
Situate in the SW4 of Section 6, Township 4 North, Range 63 West of the 6th P.M.,
County of Weld, State of Colorado
Sec. 24-11-50. Complete or partial vacation of recorded exemption or subdivision exemption.
The original Plat Recorded At Reception Number 3636533 on 07/15/2009 is incorporated by reference because this is a Partial
Vacation of an existing Lot D in an existing specific Plat.
Attached as Exhibit A is the Property Description — Metes and Bounds required by Sec. 24-11-50.
Attached as Exhibit Image referencing recorded Plat — Graphic Representation of Lot D
Below is Appendix G to Weld County Code 24-11-50 Amended by Ordinance No 2022-09
APPENDIX 24-G - Vacation Plat Certificates
A. PROPERTY OWNERS' CERTIFICATE:
We, the undersigned, being the sole owners in fee of the above described property, do hereby vacate the land division plat or
record, now recognized as an unplatted tract of land.
c. f �l 0t%1., 0°1-14'-e: /frOrd-aav
William C. Danks Noblet B. Danks
State of Colorado
County of Weld
Before me, the undersigned, a Notary Public, within and for said County and State, on the) f " day of , 20?I
personally appeared William C. Danks and Noblet B. Danks to me personally known to be the identica person who
executed the within and foregoing instrument and acknowledged to me that he/she executed the same as his /her free and
voluntary act and deed, for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and o ` cial gal the day and year last above written.
l
BILLIE J. MOORE
NOTARY PUBLIC
ado STATE OF COLORADO
NOTARY ID 20024034431
MY COMMISSION EXPIRES 10122/2028
My Commission Expires: )6091cliale
Notary Public `!e of Col
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Carly Koppes, Clerk and Recorder, Weld County CO
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B. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL
This Vacation plat is approved by the Board of County Commissioners of Weld County, State of
Colroado. ,/ A
Witness my hand and the corporate seal of Weld County this //r day of April
111
CHAIR, BOARD OF COUNTY CCOMMISSIONERS
derh4)
ATTEST: �i• ;
Weld ' o n Clerk to the :oard
Deputy Clerk t, the Boa I
By
SURVEYOR'S CERTIFICATE:
I, , a Registered Professional Land Surveyor in the State of Colorado, do
hereby certify that the survey represented by the plat was made under my personal supervision,
and that this plat is an accurate representation thereof. I further certify that the survey and this
plat comply with all applicable rules, regulations, and laws of the State of Colorado, State Board
of Registration for Professional Engineers and Professional Land Surveyors, and Weld County.
By: Registered Land Surveyor
2023.
The Plat Recorded at Reception #3636533 on 07/15/2009 entitled Recorded Exemption Number 1051-
06-03 RE 4883 is incorporated by reference.
The original Plat is incorporate by reference because this is a Partial Vacation of an Existing Lot D in an
existing specific Plat. Steven A. Lund, A Registered Professional Land Surveyor of King Surveyors # 34995
made the identical Surveyor's certificate in the Plat Recorded at Reception #3636533 on 07/15/2009 as
shown above.
Attached as Exhibit A is the Property Description by Paul Groves of King Surveyors, Registered
Professional Land Surveyor of King Surveyors # 38209. His certificate states that the metes and bounds
descriptions in Exhibit A is a correct legal description of Lot D, i.e. the Lot which is being vacated.
Therefore, in place of the above Surveyor's Certificate, the Weld County Commissioners accept
1. the Surveyor's Certificate on Recorded Exemption Number 1051-06-03 RE 4883 and
2. the Surveyor's Certificate on the Property Description Exhibit A by Paul Groves, King Surveyors
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111 PMMU a° IIC WG CRil 11111I I
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County Of Weld, State Of Colorado
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII POrJI'1 III
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County Of Weld, State Of Colorado
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Carly Koppes, Clerk and Recorder, Weld County , CO
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Exhibit A
PROPERTY DESCRIPTION
A parcel of land formerly known as Lot D of Recorded Exemption No.
1051-06-3 RE -4883 (RE -4883) as recorded July 15, 2009 under Reception
No. 3636533 of the records of Weld County, located in the Southwest
Quarter (SW1/4) of Section Six (6), Township Four North (T.4N.), Range
Sixty-three West (R.63W.), Sixth Principal Meridian (6th P.M.), County of
Weld, State of Colorado, more particularly described as follows:
COMMENCING at the West Quarter corner of Section 6 and assuming the
North line of the SW1/4 of Section 6 as bearing North 89°43'27" East a
distance of 2472.16 feet with all bearings contained herein relative thereto.
THENCE North 89°43'27" East along the North line of said SW1/4 a
distance of 522.54 feet to the Northeast Corner of Lot A of Recorded
Exemption No. 1051-6-3-RE147 (RE -1479) as recorded July 21, 1993 under
Reception No. 2342071 of the records of Weld County and to the POINT
OF BEGINNING;
THENCE North 89°43'27" East along the North line of the SW1/4 of
Section 6 a distance of 1949.62 feet to the Center Quarter corner of Section
6;
THENCE South 00°48'45" East along the East line of the SW1/4 a distance
of 2003.70 feet to the Northeast corner of Lot B of RE -4883;
The following 3 courses and distances are along the Northerly and
Westerly lines of Lot B of RE -4883
THENCE South 89°11'15" West a distance of 20.00 feet;
THENCE along the arc of a non -tangent curve concave to the Northwest a
distance of 868.16 feet, said curve has a Radius of 1352.00 feet, a Delta of
36°47'29" and is subtended by a Chord bearing South 49°47'27" West and a
distance of 853.32 feet;
THENCE South 00°09'54" East a distance of 80.00 feet to the South line of
the SW1/4 of Section 6;
THENCE South 89°50'06" West along the said South line a distance of
1804.64 feet to the Southwest Corner of Section 6;
THENCE North 00°32'00" West along the West line of the SW1/4 of
Section 6 a distance of 153.66 feet to the Southwest corner of Lot C of RE -
4883;
The Following 6 courses and distances are along the Southerly,
Easterly and North lines of said Lot C.
THENCE North 88°56'07" East a distance of 385.29 feet;
THENCE South 00°52'52" East a distance of 122.09 feet;
THENCE North 89°06'09" East a distance of 464.91 feet;
THENCE North 00°09'54" West a distance of 20.00 feet;
THENCE along the arc of a non -tangent curve concave to the Northeast a
distance of 1161.48 feet, said curve has a Radius of 1352.00 feet, a Delta of
49°13'19" and is subtended by a Chord bearing North 45°52'42" West and a
distance of 1126.09 feet;
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII fOrdi lthi JI6ENf'R17 II III
p:X20230066-,d.cription'20230066-a lotd.doc page 2 of 2
THENCE South 89°28'00" West a distance of 50.00 feet to the West line of
the SW1/4 of Section 6;
THENCE North 00°32'00" West along said West line a distance of 957.29
feet to the Southwest corner of Lot A of RE -4883;
The following 2 courses and distances are along the Southerly and
Easterly lines of said Lot A.
THENCE North 89°28'00" East a distance of 50.00 feet;
THENCE along the arc of a non -tangent curve concave to the Southeast a
distance of 680.54 feet, said curve has a Radius of 1352.00 feet, a Delta of
28°50'25" and is subtended by a Chord bearing North 34°37'14" East and a
distance of 673.38 feet to the South line of Lot A of RE -1479;
THENCE North 86°10'09" East along the South line of Lot A of RE -1479 a
distance of 84.26 feet;
THENCE North 00°22'52" West along the East line of Lot A of RE -1479 a
distance of 263.47 feet to the POINT OF BEGINNING.
Said described parcel of land contains a total of 5,821,315 sq. ft. or 133.639
acres, more or less and is subject to any existing easements and rights of way
of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Paul B. Groves, a Colorado Registered Professional Land Surveyor do
hereby state that this Property Description was prepared under my personal
supervision and checking, and that it is true and correct to the best of my
knowledge and belief.
Paul B. Groves —on behalf of King Surveyors
Colorado Registered Professional
Land Surveyor #38209
KING SURVEYORS
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
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Carly Koppes, Clerk and Recorder, Weld County , CO
kildril4I Mi lluY ffA iI III
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Vacation of Lot D of Recorded Exemption No. 1051-06-3 RE -4883 Exhibit Image
Situate in the SW4 of Section 6, Township 4 North, Range 63 West of the 6th RM.,
County of Weld, State of Colorado
4898504 Pages: 15 of 15
05/16/2023 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weld.gov.
Date: April 17, 2023
Time: 9:00 a.m.
Applicant:
William and Noblet Danks
5435 East Second Avenue
Denver, Colorado 80220-5866
Request: Partial Vacation, VAC23-0021, of Four -Lot Recorded Exemption, RE -4883, for
Removal of Lot D
Legal Description: Lot D of Recorded Exemption, RE -4883; being part of the SW1/4 of
Section 6, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 61; approximately 0.5 miles south of County
Road 50 (see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: April 5, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RE -4883
Owner
WILLIAM AND NOBLET DANKS
WILLIAM AND NOBLET DANKS
Address
5435 EAST SECOND AVENUE
30150 COUNTY ROAD 50
City
DENVER
KERSEY
State Zip
CO 80220-5866
CO 80644
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 -4883, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 5th day of April, 2023.
( j \ (,UciA R i CJL
Janet M. Warwick
Deputy Clerk to the Board
U.S, Postal ServiceT"
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com
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Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
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• Certified Mail Restricted Delivery
❑ Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
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PS Form 3811, July 2020 PSN 7530-02-000-9053
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CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com
USE
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy)
❑ Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
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❑ Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
PS Form 3800, April 2J15 PSN 7530-02-000-9047
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NOTICE
s
Pursuant to the zoning laws of the
hearing will be held in the Chambers of
Colorado, Weld County Administration
Colorado 80631, at the time specified.
If a court reporter is desired, pleas
days prior to the hearing. The cost of eng
party. In accordance with the AmericanE
required in order for you to participate in
Office at (970) 400-4225, prior to the day
The complete case file may be ex;
Commissioners, Weld County Administrat
Email messages sent to an individual C(
ensure inclusion of your email corresl
egesick@weld.gov.
Date: April 17, 2023
Time: 9:00 a.m.
Applicant:
William and Noblet Danks
5435 East Second Avenue
Denver, Colorado 80220-5866
Request: Partial Vacation, VAC23-00
Removal of Lot D
Legal Description: Lot D of Recorde
Section 6, Township 4 North, Range 63 V
Location: East of and adjacent to Cou
Road 50 (see Legal Description for preci
Board of County Commissioners
Weld County, Colorado
Dated: April 5, 2023
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13
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
3:37:44 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.
Jetzdit.Awl d.
Signature
*2LIIz3
Date
Property Owners Within 500 Feet of Parcel # 105106300033
Account
Parcel
Owner
Mailing Address
R0129694
105106000015
HOLDERNESS SHARON K
R0129694
105106000015
HOLDERNESS ROBERT L
23464 COUNTY ROAD 61
KERSEY, CO 806449202
R0354295
105106000018
BUDERUS DANIEL J
R0354295
105106000018
BUDERUS JULIE ANN
R0354295
105106000018
BUDERUS SUSAN H
R0354295
105106000018
BUDERUS THEODORE A
26246 COUNTY ROAD 45
GREELEY, CO 806319756
R6777295
105106200029
DANKS NOBLET B
R6777295
105106200029
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R6777307
105106300030
DANKS NOBLET B
Parcels: 13
Owner Records: 32
Page 1 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
3:37:44 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.
(Jetts/II . tt)a,to
3/V-07-3
Signature
Date
Property Owners Within 500 Feet of Parcel # 105106300033
Account
Parcel
Owner
Mailing Address
R6777307
105106300030
L-6-1- 7}
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R6777308
105106300031 `
,l',0Ta
DANKS NOBLET B
R6777308
105106300031
F
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R6777309
105106300032
W4-ei
DANKS NOBLET B
R6777309
105106300032
W'- "
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R6777310
105106300033
DANKS NOBLET B
R6777310
105106300033
VU -1- 1 00 '
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R7528098
105106400022
BUDERUS DANIEL J
R7528098
105106400022
BUDERUS JULIE ANN
Parcels: 13
Owner Records: 32
Page 2 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
3:37:44 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.
Jeticrint Ja u3 do
Signature
8/24 /Z3
Date
Property Owners Within 500 Feet of Parcel # 105106300033
Account
Parcel
Owner
Mailing Address
R7528098
105106400022
BUDERUS SUSAN H
R7528098
105106400022
BUDERUS THEODORE A
26246 COUNTY ROAD 45
GREELEY, CO 806319756
R4246186
105107000004
FRANK NORMAN WILBERT (1/4)
R4246186
105107000004
KECK JOLENE KAY REVOCABLE TRUST
R4246186
105107000004
ROBERT V FRANK LLC (1/4)
R4246186
105107000004
FRANK NORMAN W & WANDA J TRUST (1/4)
C/O ROBERT FRANK
1443 41ST AVE
GREELEY, CO 806342744
R8049999
105107000011
WALTER RUTH M
R8049999
105107000011
WALTER WILLIAM H
PO BOX 737
KERSEY, CO 806440737
R4254186
105301000013
FOOS LISA JEANETTE
2108 21ST AVENUE CT
GREELEY, CO 806316719
Parcels: 13
Owner Records: 32
Page 3 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
3:37:44 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.
gilt4--TY1 • 1411jr-c4
IiSignature
Date
Property Owners Within 500 Feet of Parcel # 105106300033
Account
Parcel
Owner
Mailing Address
R6784544
105301100041
BUDERUS FARMS
26246 COUNTY ROAD 45
GREELEY, CO 806319756
R4268486
105312000008
FRANK NORMAN WILBERT (1/4)
R4268486
105312000008
KECK JOLENE KAY REVOCABLE TRUST
(1/4)
R4268486
105312000008
ROBERT V FRANK LLC (1/4)
R4268486
105312000008
FRANK NORMAN W & WANDA J TRUST (1/4)
C/O ROBERT FRANK
1443 41ST AVE
GREELEY, CO 806342744
Parcels: 13
Owner Records: 32 Page 4 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
3:37:44 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 # 105106300033
Parcels: 13
Owner Records: 32
Cieuil turktil OWL
17,4 12,5
Signature
Date
Page 5 of 5
Atri
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
William & Noblet Danks I RE -4883 I Planner: K Ogle
Legal Description:
SW4 Section 6, T4N, R63W of the 6"' P.M., Weld County, CO.
Parcel ID #:
1051-06-0-00-016
Lot A [NW] Size:
2.70+/- acres
Lot B [SW]
Size:
6.24+/- acres
Lot C [SE] Size:
6.7+1- acres
Lot D [NE]
Size:
130+1- acres
Water Source:
Lots A -D: Proposed Central
Weld County Water District, or
Lot D: Proposed Well
Sewer System:
Lots A -D: Proposed
Septic
Yes
X
No
A : AN.;
-v Wz11
Criteria Checklist
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.
ADDroyed with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
•
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. The applicant has proposed a well as the source of adequate water for Lot D. 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.
3. Topographic or physical features of the proposed Lot, such as ravines, ditches, streams etc. may
Omit the area available for a new or replacement septic system. Prior to recording the plat the Weld
County Department of Public Health and Environment recommends that the applicant review the
Weld County Code pertaining to septic systems to assure that any installed septic system will
comply with all setback requirements found in the Code. In the event the proposed lot is not of
sufficient size to allow the installation of a septic system the lot may need to be enlarged.
4. 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.
5. Prior to recording the plat:
The applicant shall submit a proposed building envelope(s) for Lot D to the Department of
Planning Services for review. Upon approval by the Department of Planning Services, the
building envelope shall be delineated on the plat. Additional building envelopes shall be
labeled alternative building envelope. All building envelopes shall take into consideration
impacts to productive farm ground as well as the location of incompatible uses, flood plain,
ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements
and oilgas structures which must meet setbacks as required by Section 23-6-10 of the Weld
County Code.
,8'� The plat shall be titled: Recorded Exemption No. 1051-06-3 RE -4883
/ The applicant shall submit to the Weld County Department of Planning Services evidence
that any existing septic system meets all requirements of the Weld County Department of
Public Health and Environment. The Weld County Department of Public Health and
Environment was unable to locate a septic permit for the septic system located at _ County
Road _. Any existing septic system which is currently not permitted 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 system is found to be
inadequate, the system must be brought into compliance with current I.S.D.S. regulations.
Lots B, C and D shall share an access, no circle drives or additional accesses shall be
granted. The access road shall be graded and drained to provide all weather access.
Accesses shall be placed in such a location as to have adequate sight distance in both
directions, shall not be placed below the crest of a hill or where physical obstructions are
present and shall be a minimum distance of 75 feet from any intersecting County or State
roadway. A 30 foot wide joint access and utility easement, for the benefit of Lots B, C and D,
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.
--"Lot A shall create a new access point directly off of County Road 61 and shall not utilize the
existing oil and gas access, as no additional accesses shall be granted.
All approved accesses shall be clearly shown on the plat. The applicant shall contact the
Weld County Department of Public Works to determine if a culvert is necessary at any
approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal
Pipe (CMP) is Weld County•s minimum size. If the applicant chooses to place a larger
culvert please contact the Weld County Department of Public Works to adequately size the
culvert.
County Roads 48 and 61 are designated on the Weld County Road Classification Plan as
local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way. All setbacks
shall be measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. These roads are maintained by Weld County.
H. The applicant shall show an overspray easement for the sprinkler end gun on Lots A, B, & C
of RE -4883.
The applicant shall attempt to address the requirements (concerns) of the Department of
Public Works, as stated in the referral response dated January 13, 2009. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
The applicant shall attempt to address the requirements (concerns) of the Department of
Building Inspection, as stated in the referral response dated January 23, 2009. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
The applicant shall attempt to address the requirements (concerns) of Central Weld County
Water District, as stated in the referral response dated January 12, 2009. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
L. The applicant shall address the requirements of Weld County School District RE -7 as stated
in the referral response dated January 12, 2009. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
M. Lot A, B, and C shall comply with the one (1) acre net minimum lot size required by Section
24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved
road right-of-way.
Lot D shall comply with the one -hundred twenty (120) acre net minimum lot size required by
Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include
reserved road right-of-way.
O. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code,
shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot
radius of any wellhead. 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 the
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20.C.3 of the Weld County Code.
4) All structures requiring building permits shall be located within the designated
building envelope.
5) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building
permit applications. The legal description on such deed shall include the Lot
designation and Recorded Exemption number.
6) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot D has an adequate water supply of
sufficient quality, quantity and dependability.
7) Prior to the release of building permit, the applicant shall submit evidence of approval
from the Platte Valley Fire Protection District to the Weld County Building
Department.
8) Potential purchasers should be aware that Lot D 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.
9) 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 there after.
10) 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.
11) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
12) 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.B.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.
13) 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 Program.
(Ordinance 2002-11)
14) Effective August 1, 2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
15) Prior to the release of building permits on Lot, 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.
16) The property owner acknowledges that mineral owners and lessees have real
property interests that entitle them to surface use in accordance with Colorado State
Statutes and applicable Colorado oil and Gas Conservation Commission regulations.
(Department of Planning Services)
17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, ranking fifth 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
longstanding 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 area: 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; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches
and reservoirs cannot simply be moved out of the way of residential development
without threatening the efficient delivery of irrigation to fields which is essential to
farm production.
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.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 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. Snow removal for roads within subdivisions
are of the lowest priority for public works or may be the private responsibility of the
homeowners. 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.
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.
6. 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 24-8-60 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.
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 may be added for each additional 3 month period.
8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arcinfo 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 maoslfco.weld.co.us.
9. The Weld County Department of Planning Staffs 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.
By
Kim(Oi❑ Planner
Date February 9, 2009
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