HomeMy WebLinkAbout20230548.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -444,
FOR REMOVAL OF LOT B - THE ALEXANDER RUSCH AND BENITA MARIE RUSCH
REVOCABLE TRUST, C/O MICHAEL RUSCH, TRUSTEE
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 26, 1980, the Board of County Commissioners approved Two -Lot
Recorded Exemption, RE -444, and
WHEREAS, the Board has received a request from the current property owner, The
Alexander Rusch and Benita Marie Rusch Revocable Trust, do Michael Rusch, Trustee,
41475 County Road 45, Ault, Colorado 80610-9571, represented by Jason Allee, Lat40, 6250
West 10th Street, Greeley, Colorado 80634, to vacate Lot B of Recorded Exemption, RE -444,
located on the following described real estate, to wit:
Lot B of Recorded Exemption, RE -444; being part of
the SE1/4 of Section 3, Township 7 North, Range 65
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 The Alexander Rusch and Benita Marie Rusch Revocable
Trust, c/o Michael Rusch, Trustee, for Partial Vacation of Two -Lot Recorded Exemption, RE -444,
for removal of Lot B, be, and hereby is, approved, subject to the following condition:
4886660 Pages: 1 of 2
03/15/2023 10:43 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Irl III H
cc : PL (rv/Kw/MN), ?PL., APPL RF 2023-0548
03 /21/23 RE -444
PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -444, FOR REMOVAL OF
LOT - THE ALEXANDER RUSCH AND BENITA MARIE RUSCH REVOCABLE
TRUST, C/O MICHAEL RUSCH, TRUSTEE
PAGE 2
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of February, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �j„Q �, .J�C,Gto•�
Weld County Clerk to the Board
BY: 9V
eputy Clerk to the Board
APPROVED AS TO FOR
.County Attorney
Date of signature: 03/09/23
4886660 Pages: 2 of 2
03/15/2023 10:43 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111
MI -man, Chair
c.:34
er L. B % , Pro-Tem
S ott K. James
evin D. Ross
Lori Saine
2023-0548
RE -444
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To:
From:
Subject: Partial Vacation of RE -444
Hearing Date: February 27, 2023
Weld County Board of County Commissioners
Molly Nelson, Planner
Owners: The Alexander Rusch and Benita Marie Rusch Revocable Trust c/o Michael A. Rusch,
Trustee
41475 County Road 45 Ault, CO 80610
Representative: Lat40 c/o Jason Allee
6250 West 10th St Greeley, CO 80634
Legal Description: Lot B of Recorded Exemption RE -444; being the SE4 of Section 3, T7N, R65W of the 6th
P.M., Weld County, CO
Location: West and adjacent of County Road 45; north and adjacent to County Road 84
Parcel Number 0709-03-0-00-031
Total Parcel Size: +/- 134.3 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of a two -Lot Recorded Exemption RE -444,
recorded May 20, 1993, reception #02333742. This partial vacation of Lot B of RE -444 would result in an
approximately 134.33 acre unplatted parcel. Lot A of RE -444 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.
Vacation of Lot B of RE -444 I Rusch
Page 1 of 2
E- 44
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owners and shall be submitted for recording with the recording fee to the Department
of Planning Services. The vacation is in effect the date of recordation of the land survey plat with
the Weld County Clerk and Recorder.
Vacation of Lot B of RE -444 I Rusch
Page 2 of 2
VACATION REQUEST LETTER
Attention: Department of Planning Services
The purpose of this Vacation Plat of Lot B of Corrected Recorded Exemption No. 0709 -03 -4 -RE -444 is to
remove Lot B and except the 134 acres from the Recorded Exemption. The vacated parcel includes a 30'
right-of-way for County Road 84 (Reception No. 159937), a 30' right-of-way for County Road 45 (BOCC
Book 2, Page 238) and a 30' NWC Development Easement (Reception No. 4562430).
Rusch Alexander, Trustee c/o Michael Rusch
Rusch Alexander, Trustee
Michael Rusch
41475 WCR 45
Ault, CO 80610-9571
VACATION OF LOT B OF CORRECTED RECORDED EXEMPTION No. 0709 -03 -4 -RE -444
Part of the Southeast Quarter of Section 3, Township 7 North, Range 65 West of the 6th P.M.,
County of Weld, State of Colorado
50.
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LEGEND
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LEGEND
Lat40', Inc.
Professional Land Surveyors
6250 W. 10th Street, Unit 2
Greeley, CO 80634
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VACATION PLAT
C/0 MICHAEL RUSCH
RUSCH REVOCABLE TRUST
41476 COUNTY ROAD 45
AULT, CO 80610 5,55r 1 1
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. x)xJ xuex .xx ze4ee5'x{:M cceaa { necoz4ee aMx.o 40, co ( Previously Recorded on April 3, 1980, Reception Number 1821317, Page 899.1
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PROJECT NUMBER p 199,4, 27A DATE ) MAY 1993
eM
LOT 'B' OF COIIECTEO RECORDED EXEMPTION NO.0709-03-4-RE-444
Part of the Southeast Quarter of Section 3, Township 7 North, Range 65 West of the 6th PM., County of Weld,State of Colorado.
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JONES - MINCER
$NsNsstoo. Inc.
713 OM Street
Greater, Co/aeea 90631
!3031332-0700
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: February 27, 2023
Time: 9:00 a.m.
Applicant:
The Alexander Rusch and Benita Marie Rusch Revocable Trust
c/o Michael Rusch, Trustee
41475 County Road 45
Ault, Colorado 80610-9571
Request: Partial Vacation of Two -Lot Recorded Exemption, RE -444, for Removal of Lot B
Legal Description: Lot B of Recorded Exemption, RE -444; being part of the SE1/4 of Section 3,
Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 45; north of and adjacent to County Road 84
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: February 15, 2023
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ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RE -444
Owner
CASEY AND LISA ELDER
THE ALEXANDER RUSCH AND
BENITA MARIE RUSCH REVOCABLE
TRUST, C/O ALEXANDER RUSCH,
TRUSTEE, C/O MICHAEL RUSCH,
PERSONAL REPRESENTATIVE
LAT40, ATTN: JASON ALLEE
L E E
Address
20685 STATE HIGHWAY 14
41475 COUNTY ROAD 45
6250 WEST 10TH STREET
City
AULT
AULT
GREELEY
State Zip
CO 80610-9521
CO 80610-9571
CO 80634
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 -444, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 15th day of February, 2023.
joaccf-n4 • (AiC,CA l.O i cAC
Janet M. Warwick
Deputy Clerk to the ' n rr�
U.S. Postal ServiceTM
CERTIFIED MAIL° RECEIPT
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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) $
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CLERK TO THE BOARD
1150 O STREET
PO BOX 758
GREELEY CO 80632-0758
7017 1450 0000 9674 7039
LAT40, ATTN: JASON ALLEE
6250 WEST 10TH STREET
GREELEY, CO
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/7/2023
2:00:40 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.
(i9±&rt • w cL
Signature
2I I Z6Z3
Date
Property Owners Within 500 Feet of Parcel # 070903000031
Account
Parcel
Owner
Mailing Address
R0900686
070902000002
DEJAGER ARTHUR L
39301 COUNTY ROAD 49
EATON, CO 806159414
R0901086
070902000003
DEJAGER ARTHUR L
39301 COUNTY ROAD 49
EATON, CO 806159414
R7920299
070902000014
DEJAGER ARTHUR L
39301 COUNTY ROAD 49
EATON, CO 806159414
R0901686
070903000019
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON, CO 802294326
R0902186
070903000031
1-o 5
RUSCH ALEXANDER TRUSTEE
41475 COUNTY ROAD 45
AULT, CO 806109571
R0902286
070903000032
ELDER CASEY J
R0902286
070903000032 /n
Lb A-
ELDER LISA M
20685 HIGHWAY 14
AULT, CO 806109521
R0902486
070903000034
ALTERGOTT ELAINE
21982 COUNTY ROAD 84
AULT, CO 806109514
R0240193
070903000035
KUEHSTER CHRISTINA R
Parcels: 15
Owner Records: 19
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/7/2023
2:00:41 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
E nt.ti14.0)
Signature
lZ623
Date
Property Owners Within 500 Feet of Parcel # 070903000031
Account
Parcel
Owner
Mailing Address
R0240193
070903000035
KUEHSTER GEORGE I
21994 COUNTY ROAD 84
AULT, CO 806109514
R0542601
070903000044
ROAD 43 LLC
9830 ISABELLE RD
LAFAYETTE, CO 800269104
R8959064
070903200051
HALEY DANIELLE ASHLEY
R8959064
070903200051
HALEY CORY ALLEN
41708 COUNTY ROAD 43
AULT, CO 806109536
R7440797
070903300038
KUEHSTER GEORGE I
421 WILLOW AVE
EATON, CO 806159075
R3524005
070903300039
SULLIVAN TAMMI J
R3524005
070903300039
MORA KAREN L
21235 COUNTY ROAD 84
AULT, CO 806109513
R0240293
070910000013
KUEHSTER GEORGE I
421 WILLOW AVE
EATON, CO 806159075
R8963332
070910200002
LONGS PEAK DAIRY LLC
45490 COUNTY ROAD 39
PIERCE, CO 806509503
Parcels: 15
Owner Records: 19
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/7/2023
2:00:41 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.
CAtudivt .LI�IU�JT(1c
Signature
24q/fZ02.3
Date
Property Owners Within 500 Feet of Parcel # 070903000031
Account
Parcel
Owner
Mailing Address
R0907986
070911000004
ALTERGOTT ELAINE
21982 COUNTY ROAD 84
AULT, CO 806109514
Parcels: 15
Owner Records: 19 Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/7/2023
2:00:41 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 # 070903000031
Parcels: 15
Owner Records: 19
*±tth34 . Iilu tJ r ci
2171 2023
Signature
Date
Page 4of4
PLAT VACATION APPICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Recorded Exemption RE 444 S 3 T7 R65
ElComplete Vacation (must include all lots)QPartial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number Acreage Affected Easements
B
070903000031
±134.3
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Rusch Alexander Trustee
Company: Rusch Farms
Phone #: 970-834-2381
Email: westemroots4u@gmail.com
Street Address: 41475 County Road 45
City/State/Zip Code: Ault, CO 80610-9571
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: Jason Allee
Company: Lat40
Phone #: 970-515-5294 Email: jasona@lat40pis.com
Street Address: 6250 West loth street
City/State/Zip Code: Greeley, CO 80634
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 exemption or
subdivision exemption.
t/2-,
≥OwedAaent ate Signature: O ner r Authorized Age t Date
Jason Alias
Print: Owner or Authorized Agent
i1QeI A.
Print: Owner or Authorized Agent
7/20/2021
202c4 5-1
DEPARTMENT OF PLANNING AND BUILDING
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT
1555 NORTH 17TM AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS
AND SERVICES
RUSCH ALEXANDER, TRUSTEE Lat40, Inc.
1 (We) ATTN: MICHAEL RUSCH
, give permission to
(Owner — please print) (Applicant/Agent — please print)
to apply for any Planning, Building or Health Department permits or services on our behalf, for the property
located at:
41475 WCR45, AULT CO
PARCEL NO. 070903000031
LOT B, RE -444 3 7 65
Legal Description: of Section , Township N, Range W
Subdivision Name: Lot Block
Property Owners Information:
970.834.2381 WESTERNROOTS4U@GMAIL.COM
Phone: E-mail:
Applicant/Agent Contact Information:
970.515.5294 LEANNED@LAT40PLS.COM
E -Mail: JASONA@IAT40PLS.COM
Phone:
Email correspondence to be sent to: Owner ❑ Applicant/Agent Both ❑
Postal service correspondence to be sent to: (choose only one) Owner El Applicant/Agent ❑
Additional Info:
Owner Signature: Date:
7/29/2019
4516648 08/22/2019 08:21 AM
Total Pages: 3 Rec Fee: $23.00
Carly Koppes - Clerk and Recorder, Weld County, CO
Alexander Rusch and Benita Marie Rusch Revocable Trust,
dated June 29, 1992
COLORADO STATEMENT OF AUTHORITY
PURSUANT TO §38-30-172, C.R.S.
1. This Statement of Authority relates to Alexander Rusch and Benita Marie Rusch Revocable
Trust, dated June 29, 1992, a trust formed under the laws of the State of Colorado (hereinafter
the "Entity").
2. The mailing address for the Entity is 41475 County Road 45, Ault, CO 80610.
3. The following persons, together and separately, are hereby authorized to execute instruments
conveying, encumbering or otherwise affecting title to real property on behalf of the Entity:
Name
Alec R. Rusch
Michael A. Rusch
Janet M. Gardner
Position
Successor Trustee
Successor Trustee
Successor Trustee
4. The foregoing shall not preclude the ability of other persons to execute instruments conveying,
encumbering, or otherwise affecting title to real property on behalf of the Entity upon the express
written authority of any one of the Trustees of the Entity.
5. The authority of the foregoing persons to bind the Entity is not limited.
6. The Entity hereby revokes any and all prior Statements of Authority filed and/or recorded on
behalf thereof.
EFFECTIVE AS OF this 2,A ay of tk-u1cl; t,i-- , 2019.
Alexander Rusch and Benita Marie Rusch !
Revocable Trust, dated J a 29, 1992
y: Alec R. Rusch, Successor Trustee
MIREYAWIWAMS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20154048591
MY COMMISSION EXPIRES DECEMBER 21, 2019
STATE OF COLORADO )
4 ) ss.
COUNTY OF �NALJ` C )
1The foregoing Statement of Authority was acknowledged before me this 2_CYPlay of
, 2019, by Alec R. Rusch, Successor Trustee of Alexander Rusch and Benita Marie
Ruse 4 Revocable Trust, dated June 29, 1992.
WITNESS my hand and official seal. (1\
Notary
My commission expires: 12L1 (2_O 101
Page I of 3
Statement of Authority
4516648 08/22/2019 08:21 AM
Page 2 of 3
Alexander Rusch and Benita Marie Rusch
Revocable Trust, dated June 29, 1992
y: Michael AI Rusch, Successor Trustee
MIREYAWIWAMS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20154048591
MY COMMISSION EXPIRES DECEMBER 21, 2019
STATE OF COLORADO
,, )
COUNTY OF 1'
The foregoing Statement of Authority was acknowledged before me this lay of
MA3-}- , 2019, by Michael A. Rusch, Successor Trustee of Alexander Rusch and Benita
Marie R{tsch Revocable Trust, dated June 29, 1992.
WITNESS my hand and official seal. 7—\r\
ild, (1/
-��
Notary P blic
My commission expires: ( 2(z.( j L() C CI
U�-
Page 2 of 3
Statement of Authority
4516648 08/22/2019 08:21 AM
Page 3 of 3
Alexander Rusch and Benita Marie Rusch
Revocable Trust, dated June 29, 1992
BJanet M. Gardner, Successor Trustee
MIREYAWIWARS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20154048591
MY COMMISSION EXPIRES DECEMBER 21, 2019
STATE OF COLORADO )
COUNTY OFlithaCL ss.
The foregoing Statement of Authority was acknowledged before me this 2_) day of
X fi , 2019, by Janet M. Gardner, Successor Trustee of Alexander Rusch and Benita
Marie Rusch Revocable Trust, dated June 29, 1992.
WITNESS my hand and official seal.
My commission expires: l LILA ( 22) "`
Page 3 of 3
Statement of Authority
4170682 01/0512016 02:51 PM
Total Pages: 1 Rec Fee: $11.00
Carly Koppes - Clerk and Recorder, Weld County, CO
District Court, Weld County, Colorado
901 9th Avenue
Greeley, Colorado 80631
Telephone: 970-475-2400
DATE FILED: October
Court Use Only
In the Matter of the Estate of
ALEXANDER RUSCH
Deceased
Case No. 2015 PR 30595
Division 1
LETTERS OF ADMINISTRATION
Michael A. Rusch was appointed or qualified by this Court or its Registrar on October 1, 2015
as:
0 Personal Representative.
❑Successor_Personal Representative.
The Decedent died on June 17, 2003.
These Letters are proof of the Personal Representative's authority to act pursuant to §15- 12-701,
etseq, C.R.S. except for the folbwing restrictions, if any. none
Date: October 1, 2015
cRaurisd4dRaue_
Probate Registrar/(Deputy)Clerk of Court
CERTIFICATION
Certified to be a true copy of the original in my custody and to be in toll force and effect as of
OCT —12015 (date).
Probate Registrar/(Deputy)Clerk of Court
,2015
Recorded Electronically
Reception No. 1.114 Di, gel
County 4t1Pld� Calorie'(n
Date I'S- Lb Timex SI Pin
Simplifile.com 800.460.5657
District Court, Weld County, Colorado
901 9`h Avenue
Greeley, Colorado 80631
Telephone: 970-475-2400
DATE FILED: October
Court Use Only
In the Matter of the Estate of
ALEXANDER RUSCH
Deceased
Case No. 2015 PR 30595
Division I
LETTERS OF ADMINISTRATION
Michael A. Rusch was appointed or qualified by this Court or its Registrar on October 1, 2015
as:
El Personal Representative.
OSuccessor Personal Representative.
The Decedent died on June 17, 2003.
These Letters are proof of the Personal Representative's authority to act pursuant to §15-12-701,
et.seq, C.R.S. except for the following restrictions, if any: none
Date: October 1, 2015
dRaur►sd4_
Probate Registrar/(Deputy)Clerk of Court
CERTIFICATION
Certified to be a true copy of the original in my custody and to be in full force and effect as of
OCT -12015 (date).
,2015
4878871 01/27/2023 08:02 AM
Total Pages: 4 Rec Fee: $28.00
Carly Koppes - Clerk and Recorder, Weld County , CO
TRUSTEE'S DEED
THIS DEED is dated )Cl'i\UCtl1� LI . Z'� J , and is made between Alec R. Rusch,
Michael A. Rusch, and Janet M. Gardner. as Co -Trustees of the Alexander Rusch and Benita Marie
Rusch Revocable Trust dated June 29, 1992, the "Grantors,", and the Alexander Rusch and Benita
Marie Retch Revocable Trust dated June 29, 1992, the "Grantee," whose legal address is 41475
County Road 45 of the Town of Ault, County of Weld, State of Colorado.
WITNESS, that the Grantors, as Trustees and pursuant to the powers conferred upon the Trustees
by the Colorado Probate Code, do hereby sell, convey, assign, transfer and set over unto the Grantee
for and in consideration of the sum of Ten and 00/100 DOLLARS, ($10.00), the real property situate
in the Town of Ault, County of Weld and State of Colorado, described as follows:
LOT B AS DEPICTED ON THAT CERTAIN LOT `B' OF THE CORRECTED
RECORDED EXEMPTION NO. 0709 -03 -4 -RE -444M PART OF THE SOUTHEAST QUARTER OF
SECTION 3, TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE 6' P.M., RECORDED MAY 20,
1993, AT RECEPTION NO. 02333742 IN THE REAL PROPERTY RECORDS OF THE WELD
COUNTY CLERK AND RECORDER, COUNTY OF WELD, STATE OF COLORADO.
also known by street address as: 41475 County Road 45
Ault, Colorado 80610
and assessor's schedule or parcel number: 070903000031
with all the appurtenances hereunto belonging.
IN WITNESS WHEREOF, the Grantor has executed this deed the date set forth above.
SIGNATURE PAGES FOLLOW
4878871 01/27/2023 08:02 AM
Page 2 of 4
STATE OF COLORADO
County of W _ I
}
) ss.
GRANTO
L
Alec R. Rusch, as Co -Trustee of the Alexander
Rusch and Benita Marie Rusch Revocable Trust
dated June 29, 1992
The foregoing instrument was acknowledged before me this `7 day of
�R 1►ct�.r4 s�`t' , 2023_, by Alec R. Rusch as Co -Trustees of the Alexander Rusch and
Benita Marie Rusch Revocable Trust dated June 29, 1992.
WITNESS my hand and official seal.
PAMELA ANN THOMPSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018021
MY COMMISSION EXPIRES JUNE 15. 2025
Notary'Public
My Commission Expires: to — It S —
4878871 01/27/2023 08:02 AM
Page 3 of 4
ikkz.)/P,Ate.4.
Michael A. Rusch, as Co -Trustee of the Alexander
Rusch and Benita Marie Rusch Revocable Trust
dated June 29, 1992
STATE OF COLORADO
ss.
County of W L
The foregoing instrument was acknowledged before me this 5 day of
ZA-r4 u. A-tt i , 202 a, by Michael A. Rusch, as Co -Trustees of the Alexander Rusch and
Benita Marie Rusch Revocable Trust dated June 29, 1992.
WITNESS my hand and official seal.
PAMELA ANN THOMPSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014018021
MY COM rlISSIO d EXPIRES JUNE 15. 2025
4878871 01/27/2023 08:02 AM
Page 4 of 4
Janet . Gardner, as Co -Trustee of the Alexander
Rusch and Benita Marie Rusch Revocable Trust
dated June 29, 1992
STATE OF COLORADO
ss.
County of .4Ae /RC( C( .5 )
The foregoing instrument was acknowledged before me this L7 �� day of
ra , 202.2, by Janet M. Gardner, as Co -Trustees of the Alexander Rusch and
Benita Mat -id Rusch Revocable Trust dated June 29, 1992.
WITNESS my hand and official seal.
`t 0_ ti -Lt
DEE WHITE
NOTARY PUBLIC
State of Colorado
Notary ID # 20224044031
Comrr SSIOn res 11/17/2026
Notary Public
My Commission Expires; / I` - j f1 — , C,v
ton
RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 444 - ALEXANDER AND BENITA
RUSCH
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, it has been determined by the Board of County Com-
missioners of Weld County, Colorado, at a public meeting held on
the 26th day of March, 1980 in the Chambers of the Board of County
Commissioners of Weld County, Colorado, that the division into
two parcels of land, as shown on the plat known as Recorded
Exemption No. 444, being the property of Alexander and Benita
Rusch, described as part of Section 3, Township 7 North, Range 65
West of the 6th P.M., Weld County, Colorado, being more particu-
larly described as follows, does not come within the purview of
the definition of the terms, "subdivision" and "subdivided land,"
pursuant to its authority under Section 30-28-101(10)(d), CRS
1973, as amended:
The Southeast Quarter of Section 3, Town-
ship 7 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado finds that this particular division of land is not within
the purposes of the Weld County Subdivision Regulations and the
Board desires to exempt this particular division of land from the
definitions of "subdivision" and "subdivided land" pursuant to
its authority under Section 30-28-101(10)(d), CRS 1973, as amended,
and Section 2-1A(3) of the Weld County Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the hereinabove described
parcel of land owned by Alexander and Benita Rusch be, and hereby
is, exempt from the definition of the terms "subdivision" and
"subdivided land" pursuant to its authority under Section
30-28-101(10)(d), CRS 1973, as amended.
800774
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 26th day of
March, A.D., 1980.
ATTEST: ?� ='4
•
Weld County Clerk and Recorder
and- kerk too the Baard
-Deputy County lerk
EA AS 20 FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
///
1. iy
C. W. Kirby,/Chairman
(Aye)
� :.. �;_ (Aye)
eonard L. Roe, Pro-Tem
Norman Carlson
(Aye)
DATE PRESENTED: MARCH 31, 1980
Hello