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HomeMy WebLinkAbout20231389.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0019, OF TWO -LOT RECORDED EXEMPTION, RECX17-0020, FOR REMOVAL OF LOT D - BEAN FARM, LLC, C/O TODD AND KRISTEN BEAN 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 March 24, 2017, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX17-0020, and WHEREAS, the Board has received a request from the current property owner, Bean Farm, LLC, do Todd and Kristen Bean, 1695 Colorado Parkway, Eaton, Colorado 80615- 9128 represented by Intermill Land Surveying, Inc., 1301 Cleveland Avenue, Loveland, Colorado 80537, to vacate Lot D of Recorded Exemption, RECX17-0020, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX17-0020; being part of the NE1/4 of Section 15, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following 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 Bean Farm, LLC, do Todd and Kristen Bean, for Partial Vacation of Two -Lot Recorded Exemption, RECX17-0020, for removal of Lot D be, and hereby is, approved, subject to the following condition: 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. CC'• PL(T9/M WES) RPPL • 4902834 Pages: 1 of 2 ' 05x'09/2023 11:44 AM R Fee:$0.00 $0.00 2023-1389 A?PL.• REP. Carly Koppel. Clerk and Record,. Weld County , CO 06/m/2.3 VIII WAD I���I� 'i� .ki�l riVillgrliihri' kAth 5 III RECX17-0020 PARTIAL VACATION, VAC23-0019, OF TWO -LOT RECORDED EXEMPTION, RECX17-0020, FOR REMOVAL OF LOT D - BEAN FARM, LLC, C/O TODD AND KRISTEN BEAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,01,44) %4. Weld County Clerk to the Board BY. APP County Attorney Date of signature: 05/3o/2-3 Mike F eman, Chair Perry L. Buy' , Pro-Tem ctt K. Ja Lori Saine 4902834 Pages: 2 of 8.00 06r 09K20�2e3s 11:44 AM d R Foo:$ Weld County CO IIIII�1�.��4 1�Ofailf� VA %WWI.''�i 11111 2023-1389 RECX17-0020 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Eric Sheley, Planner Subject Partial Vacation of Lot D, RECX17-0020 Hearing Date: May 17th, 2023 Owners: Bean Farm, LLC C/O Todd and Kristen Bean Representative: Intermill Land Surveying, Inc C/O Jim Bunkers 1301 N. Cleveland Ave., Loveland, CO 80537 Legal Description: Lot D of Recorded Exemption RECX17-0020; being a part of the NE4 of Section 15, T6N, R66W of the 6th P.M., Weld County, CO Location: West and adjacent of County Road 33; South of and adjacent to County Road 70 Parcel Number: 0805-15-1-00-032 Total Parcel Size: +/- 151.34 acres Zone District A (Agricultural) Summary The applicant requests to vacate Lot D, being the largest lot of the Two -Lot Recorded Exemption RECX17- 0020, recorded May 24, 2017, reception #4304786. This partial vacation of Lot D of RECX17-0020 would result in an approximately 151.34 acre unplatted parcel. Lot A of RECX17-0020 is not a part of this action. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 2023-1389 Vacation of Lot D of RECX17-0020 I Bean Farm, LLC Page 1 of 2 t�? �)'7-DOW Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Vacation of Lot D of RECX17-0020 I Bean Farm, LLC Page 2 of 2 Intermill Land Surveying 1301 N. Cleveland Ave. Loveland, Colorado 80537 (970) 669-0516 RECORDED EXEMPTION VACATION REQUEST FOR LOT D, RECX17-0020 A PORTION OF THE NE1/4 OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 66 WEST FO THE 6TH P.M., WELD COUNTY, COLORADO Please accept this letter as the formal request for the vacation of Lot D, Recorded Exemption #0805-15-01 RECX17-0020 situate in the Northeast Quarter of Section 15, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. The property is addressed at 15754 County Road 70, Greeley, Colorado with a parcel number of 080515100032. The owners wish to vacate Lot D of RECX17-0020 to facilitate a planned Family Farm Division to remove the existing home from the farm ground. Jim Bunkers with Intermill Land Surveying, Inc, as Authorized Agent for Bean Farm, LLC and Todd Bean and Kristen Bean \\Hallprj\P-9449-Bean\doCl1 of D RcCX17-0020 vacation Request.doc VACATION OF LOT D OF RECORDED EXEMPTION No. 0805-15-01 RECX17-OO2O SITUATE IN THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD. STATE OF COLORADO WELD COUNTY ROAD 70 ........... ......i.. - .... ,...�..,, :.y.�:-.-....:v'u ++...+... w ter,. w m.v.�....... ein:�n ::� a wa "'ao» taa.,� • .��•ron�m+�n u ., .-.[-.,o. ca..... nr.m. 29 Z4 } Wj Z J� Zp rTh giI mEg /-1 sA � Y Qg P-2;YIIO cucvu avw r«o[, uc - vvumw . L. D. ucx+.-m», van mwTr, co RECORDED RDD C DD C XL t1PT000 N Ha 0805.15-09 5-09 0 CCK17=0000 20 A PORTION OF THE NORTHEAST WARIER OF SECTION 13. TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., 000NTT OF WEIR, STATE OF OOLORA00. P•Tsal le I T „uAeln.�s rEsauA�s uc rEwPorn ercurnar+ro neosum, >C.. NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Date: May 17, 2023 Time: 9:00 a.m. Applicant: Bean Farm, LLC c/o Todd and Kristen Bean 1695 Colorado Parkway Eaton, Colorado 80615-9128 Request; Partial Vacation, VAC23-0019, of Two -Lot Recorded Exemption, RECX17-0020, for Removal of Lot D Legal Description: Lot D of Recorded Exemption, RECX17-0020; being part of the NE1/4 of Section 15, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 33; south of and adjacent to County Road 70 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: May 5, 2023 CI I] a a rR a N ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX17-OO2O Owner SETH AND SAUNDRA DUNN BEAN FARM, LLC C/O TODD AND KRISTEN BEAN Address 15746 COUNTY ROAD 70 1695 COLORADO PARKWAY City GREELEY State Zip CO 80631-9429 EATON CO 80615-9128 ATTN: JIM BUNKERS INTERMILL LAND SURVEYING, INC 1301 CLEVELAND AVENUE LOVELAND CO 80537 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, RECX17-OO2O, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 5th day of May, 2023. EL) otke-rki 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 Postage and Fees Sent To S e Street �t j LrrPO8 City, Sta 4i ' f o letitclitt I Postmark Here No?tJL'3i anA Flo - a4 -7,i PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com `. QL•a�< Si::!d 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 F S NtisYi 111 SL,t51,L-S trct- ntt'v prid _areA_ci .) 7 Sit 5 Postmark Here S r To1P1._ _ __ I ) nd Apt. ., .r •0 Box NI I PS Form 3800, April 2015 PSN 7530-02.000-9047 See Reverse for Instructions r fJ CC Liu O U w Jo C cn x Received by (Printed Name) m Cl) o o DD 0 o 0) C TJ a) (d a) 0 -O 1Z3 v 1 - ca ,0 c a) °� W cn ci SENDER: COMPLETE THIS SECTION Ui r•- -El Er O O a a 2 o 0 � a;>, Q.2 CC EEC x•c•c ≥ LB 22 o o 't� 'a -O -o 222 2a, .c cn w 0 cd co t o D) rn— C C cn -a CD a) a) .o) ' CI. CC❑v)(nCC DDD DD a) J W a) cc am C( " ≥ F>,m�asas00 cc22cc a (� co U 4-8 U a) 3 3E a) �Q-0 o000 riDD ODD' a) J a) 0 a) a) 0 v cc fri 0 a)a)a) 12 a) 4-0 c o -t7 M O -O as wg N "O CO 4CD C U N 0 0 Q. a E C- Oac 0 - co co • 1. Article Addressed to: DO to se\) a.4 Z... a_ -In '22 9590 9402 6749 1074 1335 28 U a) E O a Q N Domestic Return Receipt a) 0 ate) CC 2 28 rn U] IT' to to CZI O ra rR a PS Form 3811, July 2020 PSN 7530-02-000-9053 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 Tota tage and FeeS, tiQCtv\ ctrIN LLC; ,..`Sit� Strom N drio ll°r riokin A5i5 Postmark Here Q:'�.IL uxz� 5iDLE1S PS Form 3800, April 2015 PSN 7530-02-000-9047 • r- -n > n m Cl) m mx c 233 > D21 ID .� O el m NO m < O O r" DO Gm Op OI m0 tS S C. Date of Delivery co C CO d X ❑ ❑ T 0 O E� Li' to to .a' C a) ca r 2 Ti 13 V C J r)W -a ›- u) • SENDER: COMPLETE THIS SECTION a) 2 r F U C C C O O 0 as as 2tea. 9a cc E E wg2 00 :� .a .D 0 O 2a)� a)a) O a�•CA= C C •L o a) a) .� a) •accccocncncc ODD ❑❑ am H Q) C U rn • CO D c'i ❑ 11-) ai) cc U .C N a) O '18 c� (3)7:3 V a) C) O ate) 4J a.) a) 0 cn -o E C U .Q E +.� ta o U 1- U 2D - U 4) U o aw -2 .-- as t p C0 9-- -•-r C (b Q ¢ja • Article Addressed to: • t 9590 9402 6749 1074 1335 11 -f� CZI U a) E O fT -13 Ui is Er CI O ll El Domestic Return Receipt O cp 0 O I O O CO -D O O T CO co CO A -+rmnommEftr 6/19/23, 3:14 PM USPS.com® - USPS Tracking® Results LISPS Tracking® Tracking Number: 70171450000096754549 • 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. Delivered Out for Delivery Preparing for Delivery Moving Through Network i In Transit to Next Facility May 11,2023 Departed USPS Regional Facility DENVER CO DISTRIBUTION CENTER May 7, 2023, 8:13 pm • See All Tracking History See More '/ Track Another Package II CD cr cp C) Enter tracking or barcode numbers https://tools.uses.com/go/TrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70171450000096754549%2C°/o2C&tABt=false WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/25/2023 8:47:13 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. A.I\ 1,00h (4)--) c)t. L /Z6IZ3 Signature Date Property Owners Within 500 Feet of Parcel # 080515100032 Account Parcel Owner Mailing Address R1317886 080510000006 FELDPAUSCH NORA I R1317886 080510000006 FELDPAUSCH CHARLES R 34600 COUNTY ROAD 31 GREELEY, CO 806319373 R3573305 080510400014 CALVARY FARMS LLC 134 OAK AVE EATON, CO 806153491 M0224305 080510400017 CHURCH BARN LLC 134 OAK AVE EATON, CO 806153491 R4639307 080510400017 CHURCH BARN LLC 134 OAK AVE EATON, CO 806153491 R4639407 080510400018 CALVARY FARMS LLC 134 OAK AVE EATON, CO 806153491 R1319086 080511000008 BRANSON HARVEY R 16017 COUNTY ROAD 70 GREELEY, CO 806319402 R0109688 080511000028 CALVARY FARMS LLC 134 OAK AVE EATON, CO 806153491 R8947577 080514200045 MUNOZ ELIDIA Parcels: 24 Owner Records: 44 Page 1 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/25/2023 8:47:13 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. OaAun Signature (Z5it3 Date Property Owners Within 500 Feet of Parcel # 080515100032 Account Parcel Owner Mailing Address R8947577 080514200045 MUNOZ SILVIANO 16404 COUNTY ROAD 70 GREELEY, CO 806319401 R8947579 080514200047 MUNOZ ELIDIA R8947579 080514200047 MUNOZ SILVIANO 16404 COUNTY ROAD 70 GREELEY, CO 806319401 R8947580 080514200048 MUNOZ ELIDIA R8947580 080514200048 MUNOZ SILVIANO 16404 COUNTY ROAD 70 GREELEY, CO 806319401 R1328586 080515000033 JOHNSON BETTY M R1328586 080515000033 JOHNSON KURT R1328586 080515000033 JOHNSON THOM 230 MAPLE CT WINDSOR, CO 805505429 R1328686 080515000035 BETHKUJO LLC 1931 13TH ST GREELEY, CO 806314551 Parcels: 24 Owner Records: 44 Page 2 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/25/2023 8:47:13 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. v JALU Signature i4 Z5IZ Date Property Owners Within 500 Feet of Parcel # 080515100032 Account Parcel Owner Mailing Address R1328786 080515000036 JOHNSON KURT R1328786 080515000036 JOHNSON THOM 230 MAPLE CT WINDSOR, CO 805505429 R1150796 080515000038 VANEATON KATHLEEN JOY R1150796 080515000038 VANEATON ADAM DALE 15808 COUNTY ROAD 70 GREELEY, CO 806319429 R8948967 080515100031 DUNN SAUNDRA J R8948967 080515100031 W "1r,r DUNN SETH D 15746 COUNTY ROAD 70 GREELEY, CO 806319429 R8948968 080515100032 1,04- 17 BEAN KRISTEN C R8948968 080515100032 ,Lo4-17 BEAN TODD A (JT 5%) R8948968 080515100032 BEAN FARM LLC (95% INT) 1695 COLORADO PKWY EATON, CO 806159128 Parcels: 24 Owner Records: 44 Page 3 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/25/2023 8:47:13 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. (J c (,y1 aA, WI cJ 41 17_.'s Signature Date Property Owners Within 500 Feet of Parcel # 080515100032 Account Parcel Owner Mailing Address R2322303 080515100040 BAKER FAEBIAN L R2322303 080515100040 BAKER ROGER A 33505 COUNTY ROAD 33 GREELEY, CO 806319478 R6780107 080515100043 DUNN NORMA K R6780107 080515100043 DUNN RICHARD C 15750 COUNTY ROAD 70 GREELEY, CO 806319429 R8947069 080515100065 GATSIOPOULOS EVELYN R8947069 080515100065 GATSIOPOULOS GEORGE 1617 N 35TH AVENUE CT GREELEY, CO 806319468 R8947070 080515100066 SCHNEIDER DARICK A R8947070 080515100066 SCHNEIDER ELIZABETH J 33759 COUNTY ROAD 33 GREELEY, CO 806319478 R6784561 080515400001 WELSTETT HOLDINGS LLC 33429 COUNTY ROAD 33 GREELEY, CO 806319478 Parcels: 24 Owner Records: 44 Page 4 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/25/2023 8:47:13 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Jan Om un- a' LI I Z5 I Z 3 Signature Date Property Owners Within 500 Feet of Parcel # 080515100032 Account Parcel Owner Mailing Address R6784562 080515400002 SANGER MARCY A R6784562 080515400002 SANGER CHAD P 33421 COUNTY ROAD 33 GREELEY, CO 806319478 R8959330 080515400007 BEAN KRISTEN C R8959330 080515400007 BEAN TODD A R8959330 080515400007 BEAN FARM LLC (95% INT) 1695 COLORADO PKWY EATON, CO 806159128 R8959331 080515400008 BEAN KRISTEN C R8959331 080515400008 BEAN TODD A R8959331 080515400008 BEAN FARM LLC (95% INT) 1695 COLORADO PKWY EATON, CO 806159128 Parcels: 24 Owner Records: 44 Page 5 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/25/2023 8:47:13 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 080515100032 Uourk (,tiaAto Signature Date we. brit !4Itthai b r it U . r Parcels: 24 Owner Records: 44 Page 6of6 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: Vacation of Lot D, Recorded Exemp. #0805-15-01 RECX17-0020 s 15 T 6N R 66W ❑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 D 080515100032 1150.16 G Vacation of 10 -foot Future ROW for CR #33 Acreage Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Bean Farm, LLC (95%), Todd & Kristen Bean Company: Bean Farm, LLC Phone #: 970-590-5551 Email: 70bean@gmail.com Street Address: 1695 Colorado Parkway City/State/Zip Code: Eaton, Colorado 80615 APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent) Name: Jim Bunkers Company: Intermill Land Surveying, Inc. Phone #: 970-669-0516 Email: jim@intermill.net Street Address: 1301 North Cleveland Ave. City/State/Zip Code: Loveland, Colorado 80537 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. 3 15-2-613 Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date rint: Owner or Authorized Agent Print: Owner or Authorized Agent , zy Fq,,, y ,ode /,-- 1 Vi &.rh 4 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17T" AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM (We), Bean Farm, LLC, Todd & Kristen Bean give permission to Jim Bunkers @ Intermill Land Surveying, Inc. (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 15754 County Road 70, Greeley, Colorado - Parcel No. 080515100032 Legal Description: Lot D, RECX17-0020 of Section 15 , Township 6 N, Range 66 W Subdivision Name: NSA Lot Block Property Owners Information: Address: 1695 Colorado Parkway, Eaton, Colorado 80615 Phone: 970-500-5551 E-mail: 70bean@gmail.com Authorized Agent/Applicant Contact Information: Address: 1301 North Cleveland Ave., Loveland, Colorado 80537 Phone: 970-669-0516 E -Mail: lim@intermill.net Correspondence to be sent to: Owner a Authorized Agent/Applicant - by: Mail Email Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Date 3 Date 3 -kg-20J Owner Signature �� � � Owner Signature 464 el �4 is day of M'kC"1 20 L3 Subscribed and sworn to befo a me this by KVi5teM . My commission expires 14`Z41f LYNN D. MORGAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19904006407 MY COMMISSION EXPIRES 6-262024 Notary Public LYNN D. MORGAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19904006407 MY COMMISSION EXPIRES 6-26-2024 4586408 04/29/2020 09:32 AM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County, CO After Recording Return To: STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named: Bean Farm, LLC 2. The Entity is a: a Colorado limited liabity company 3. The Entity is formed under the laws of Colorado 4. The mailing address for the entity is: 1695 Colorado Parkway Eaton, CO 80615 5. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Todd Bean and or Kristen Bean, Managers 6. The authority of the foregoing person(s) to bind the entity is not limited. 7. Other matters concerning the manner in which the entity deals with interests in real property: NONE 8. This Statement of Authority is executed on behalf of the Entity pursuant to the provisions of C.R.S. Section §38-30-172. Executed this: December 27, 2017 Bean Farm, LLC By: Todd Bean, Manager by: Kristen ean, anager STATE OF: Colorado COUNTY OF: Weld The foregoing instrument was acknowledged before me this1day of l k 11 't, by Tod: Bean, Manager and Kristen Bean, Manager of Bean Farm, LLC a Colorado limited Liability Company Witness my hand and seal. My commission expires: 1 i9 1)0.3 M1KAYLA ERICKSON NOTARY PUBLIC STATE OF COLORADO . NOTARY ID 20194025579 y MY COMM' SS ON EXPIRES 7-n-2023 4363725 12/28/2017 03:22 PM Total Pages: 1 Rec Fee: $13.00 Doc Fee: $140.00 Carly Koppes - Clerk and Recorder, Weld County, CO GENERAL WARRANTY DEED OF. /4o.a) GRANTOR, Harvesters Resources, LLC, a Colorado Limited Liability Company, for the consideration of $1,400,000.00, hereby sells and conveys to Bean Farm, LLC, as to an undivided 95 percent interest and Todd A. Bean and Kristen C. Bean, as joint tenants, as to an undivided 5 percent interest, whose address is 141 Settlers Cove, Eaton, Colorado 80615, the following real property in the County of Weld, State of Colorado ("the Property): Lot D, Recorded Exemption No. 0805-15-01; RECX17-0020, a portion of the Northeast Quarter of Section 15, Township 6 North, Range 66 West of the 6th P.M., recorded May 24, 2017, at reception no. 4304786 of the records of the Weld County, Colorado, Clerk and Recorder. also known by street number as: vacant land Together with all of the Property's appurtenances, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, tide, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in, and to the Property. Grantor, its successors and assigns, at the dme of execution of this deed, is well seized of the Property, has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power, and lawful authority to convey the same, and that the Property is free sad clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind and nature, warranting the tide to the same, except and subject to matters of record and the 2017 taxes payable in 2018. Grantor warrants and shall forever defend the Property in the quiet and peaceable possession of Grantees, their heirs, successors, and assigns, against all and ever person or persons claiming the whole or any part thereof. Signed this 27'h day of December, 2017. Harvesters Resou i , LLC BT Member STATE OF COLORADO } } ss. COUNTY OF WELD } Tlic foregoing instrument was acknowledged before me this 270 day of December, 2017, by t OJt iL0 v-- 41155A, ,2t i//ete, i11ernive5 1 j4,<,,sie,cR 1 L.LG. (Jc d.,,tee.do Leezhaat cs Witness my hand and official seal. My commission expires: DEPARTMENT OF PLANNING SERVICES AMENDED RECORDED EXEMPTION ADMINISTRATIVE REVIEW L if] Applicant: Harvester's Resources, LLC RECX17-0020 Planner: Michael Hall Le g al Descri p tion: Lots Section A and 15, D of T6N, Recorded R66W of Exemption the 6th P.M., RECX16-0029; Weld County, being a CO part of the NE4 of Parcel ID #s: 0805-15-1-00-064 & 0805-15-1-00-067 Lot A Before Size: +/- 2 acres Lot D Before Size: +/- 150.6 acres Lot A After Size: +/- 2.4 acres Lot D After Size: +/- 150.2 acres Water Before/After: Source Lot Lot A: D: Proposed NWCWD NWCWD Tap # 3937 Sewer Before/After: System Lot Lot A: D: Proposed Septic # SP Septic -0701198 Tap Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2 Compatible with the existing surrounding land uses. X 3 Consistent with the intent of the zone district. X 4 Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Narrative: The proposed application seeks to reconfigure Lots A and D of RECX16-0029 due to the inability to build on existing Lot A because of existing oil and gas setback radii which partially encumber the lot. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may limit 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. RECX17-0020 Page 1 of 5 3. Prior to recording the plat A. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. B. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. C. Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 4. Items to be included on the plat A. The plat shall be titled: Recorded Exemption No. 0805-15-01 RECX17-0020 B. A 30 foot wide joint access and utility easement extending across Lot D from County Road 70, for the benefit of Lots A 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. The easement shall be graded and drained to provide all weather access. C. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP17-00100). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. D. County Road 70 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. E. County Road 33 is a paved road and is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 5. The following notes shall be placed on the plat: 1) 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. RECX17-0020 Page 2 of 5 * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) The purpose of this amendment is to adjust the boundaries between Lots A and D of RECX16-0029 now known as Lots A and D of RECX17-0020. 4) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 5) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 6) 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. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 8) The property owner shall control noxious weeds on the site. 9) The historical flow patterns and runoff amounts will be maintained on the site. 10) 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. 11) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 12) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 13) Potential Purchasers are hereby notified that a rodeo/roping arena and public/quasi- public buildings including a church is permitted by USR-1540, reception # 3438183 and is located directly north of the proposed lots. Specifically, north and adjacent to County Road 70 and west and adjacent to County Road 33. Off -site impacts that may be encountered include noise from events, trucks, and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 14) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are RECX17-0020 Page 3 of 5 essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 15) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. RECX17-0020 Page 4 of 5 Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. 9. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. tri By: Date: 03/24/2017 Michael Hall, Planner I RECX17-0020 Page 5 of 5 Hello