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Home My WebLink About20231458.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0001, OF THREE -LOT RECORDED EXEMPTION, RECX14-0124, FOR REMOVAL OF LOT C - DILLARD FAMILY, LLC, CIO JAMES DILLARD 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 December 15, 2014, the Department of Planning Services approved Three -Lot Recorded Exemption, RECX14-0124, and WHEREAS, the Board has received a request from the current property owner, Dillard Family, LLC, do James Dillard, P.O. Box 333, Galeton, Colorado 80622-0333, represented by Intermill Land Surveying, Attn: Steve Stencel, 1301 Cleveland Avenue, Loveland, Colorado 80537, to vacate Lot C of Recorded Exemption, RECX14-0124, located on the following described real estate, to wit: Lot C of Recorded Exemption, RECX14-0124; being part of the SE1/4 of Section 31, Township 8 North, Range 64 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 Dillard Family, LLC, do Steven Dillard, for Partial Vacation of Three -Lot Recorded Exemption, RECX14-0124, for removal of Lot C, be, and hereby is, approved, subject to the following condition: cc : PL( v/Mwl, APPL.. 06/2o%3 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. 4902838 Pages: 1 of 2 06/09/2023 11:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 I P�I�!� 11l�b' AILVAIM Fikkflii/Wivi, !i 111 2023-1458 RECX14-0124 PARTIAL VACATION, VAC23-0001, OF THREE -LOT RECORDED EXEMPTION, RECX14-0124, FOR REMOVAL OF LOT C - DILLARD FAMILY, LLC, C/O JAMES DILLARD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,t, Weld County Clerk to the Board ounty torney Date of signature: 06407/2 Mike man, Chair ro-Tem 4902838 Pages: 2 of 2 06/09/2023 11:44 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder; Weld County , CO 2023-1458 RECX14-0124 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Maxwell Nader, Planner Case: VAC23-0001 Hearing Date: May 24, 2023 Subject: Partial Vacation of RECX14-0124 Owners: Dillard Family LLC c/o James Dillard Representative: Intermill Land Surveying, Inc c/o Steven Stencel Legal Description: Lot C of Recorded Exemption RECX14-0124; being a part of SE4 of Section 31, T8N, R64W of the 6th P.M., Weld County, CO Location: North and adjacent of County Road 86; west and adjacent to County Road 51 Parcel Number: 0549-31-4-00-003 Total Parcel Size: +/- 123.16 acres Zone District: A (Agricultural) Summary: Dillard Family, LLC c/o James Dillard requests to vacate Lot C, being the largest lot of a three -Lot Recorded Exemption RECX14-0124, recorded February 25, 2015, reception #4085945. This partial vacation of Lot C of RECX14-0124 would result in an approximately 123 acre unplatted parcel. Lot A and B of RECX14-0124 are 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 (Exhibit B) and the draft vacation plat map (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. S I 2023-1458 Vacation of Lot C of RECX14-0124 I Dillard Family LLC c/o James Dillard �C,X Page 1 of 2 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. Exhibits: A: RECX14-0124 plat B: Vacation Request Letter C: Draft Vacation plat Vacation of Lot C of RECX14-0124 I Dillard Family LLC do James Dillard Page 2 of 2 To Whom it may concern, Property description: A portion of the Southeast Quarter of Section 31, Township 8 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. Lot C of Recorded Exemption No. 0549-31-4 RECX 14-0124 Owner: Dillard Family, LLC P.O. Box 333 Galcton, CO. 80622 This Vacation Request letter was prepared for the purpose of Vacating Lot C of the Recorded Exemption NO. 0549-31-4 RECX 14-0124. There are currently no existing buildings or Improvements on the subject property. No Easements, or any Right -of -Way Easements shall be affected by the Vacation of Lot C. The purpose of Vacating Lot C of Recorded Exemption NO. 0549-31-4 RECX t 4-0124 is to create three separate Parcels, each Parcel containing approximately 40.00± Acres; Property Owner 44'4 /1141al r^ Date / -/ 7-2043 VACATION OF LOT C OF RECORDED EXEMPTION NO. 0549-31-4 RECX14-0124 SIN.SOUME.S, OUMTER OF YCOON ]1 101v,5Hly a RORM. R.HGE 6. KS, OF 1HC 61H P... GOUNIY OF .C.O. 51.1E Di COEOR.00. Bn.Y 6tn P.a�, Ceun11 e1 M114 SlatOelpe/1 Ctlwa9q�C�Yq mw�psil4Wa 19e,crI9�W e. ds�l Cm.bwY9 Swan IY nemt Ouw tw e a SstYn ]t w 9 u 66�9't� Ee91 w.9 .un a s.w m .ent.Y.9 ne..., .aenR nweie. PROPERTY O W 1ERfl CERTFGTE: n��enaw�am enN9 m _ iM Awkullwtl Im9 OY44t mtlY etlu wem Iv IM ceneuct et 9inv LOT C OF .7;-;TE0 EXEMPTION NO. 0519-31-1 REIX 11-0121 .G.rto oR Br asauinR ao. Of MC BO.RO K COIINIr CMtl29WCR5 ? 9CC0 CWNIr C9mm1uM we 9a C9vntr. Stal. el Celnca9e.� el Cwntr P-22-9333 oR]Nm PNllr EN01 us PnKe v.ntl v9e.ust 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 24, 2023 Time: 9:00 a.m. Applicant: Dillard Family, LLC c/o James Dillard P.O. Box 333 Galeton, Colorado 80622-0333 Request: Partial Vacation, VAC23-0001, of Three -Lot Recorded Exemption, RECX14-0124, for Removal of Lot C Legal Description: Lot C of Recorded Exemption, RECX14-0124; being part of the SE1/4 of Section 31, Township 8 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 86; west of and adjacent to County Road 51 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: May 12, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX14-O124 rR Lc) IN - IN" O Lri a rR a IN - Owner ANTHONY AND KIRSTEN RANALLI JAMES DILLARD DILLARD FAMILY, LLC Address 24989 COUNTY ROAD 86 26022 COUNTY ROAD 74 P.O. BOX 333 City AU LT EATON GALETON State Zip CO CO CO 80610-9502 80615-9613 80622-0333 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, RECX14-O124, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 12th day of May, 2023. Lieu' tiatAtol �11� 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 5 Postmark Here Se tem Street artc4A • t. 3+( n oniti neCk4( Cit tate Z ' • y�, ' : bLo ID as 5DZ PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions cc O O UJ UJ CL I+ J 0 4-1 a) ) 7%. -/At O) " a) O [Da 0 as o (.5 E3 a) o 0 N 9-a) +� 2 C -O a) as cn j -O s - ca 4-' 00 0 4— a.. C U) <4 X SENDER: COMPLETE THIS SECTION 0 U cc RI C3 00 t, UU v'= �% U N 0 c RS '% C C " U U 0).0) 0 CcOc!)(I)C a)� Q es' a a) cn co -a �o cc; m a) g% O -o > a) U U 0 0 a ti 4r. O 4-1 Q) O U U N .► a> (1)ai cc cc O 0 -asccfOO C ooh 46 46 0 0) 0 0 ❑❑ U) Cf) cD 0 ctS E Es O i o a >, ct3 c c- 0 0- U) .^ a. '4-- O L 4-4 cti O Q a a 0 cvs 4-' ta 9- 0 0 Article Addressed to: T c. \Y' 9590 9402 6749 1074 1334 74 Article Number (Transfer from service label) N L. 7 N O 0 0 La _I N I] Domestic Return Receipt 0 O O N O O co 0 O CN r CO CO LLL IZ ru L L CZI a a Ui r -R a U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com~''. a 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 $ a shzd C);hanl .' '•� �, Lc6 �- c Postmark Here PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION a) 0) Q Q ❑ ❑ a) O a) 0 Lc:5 cD Z ❑ ❑ C'• E O ._ Q) E .n O 0) C -� yy� Qi 73 73 tea? C N tha ,(1) W N • a) ® 0 0 a:. (9 o O of C[1 a CC E > :4= as Cc --cp • 2 2 2 •` t/1 (1) ftS (U "C.- 0 Q) ay? C C U) 'i a) a) Q) .O.C O a.occcccococc ❑ ❑ ❑ ❑ ❑ at O O cc N O O aLh,�-,≥≥ ��--a)a) 0 1O "0 QC) Ccow d)vv (n t a) a O < O O O cei ❑ ❑ ❑ ❑ ❑ . T ez? r t.48 :7! cc C 9590 9402 6749 1074 1334 98 a) U) a a) U .a a) ft N U, U, cts IT' U a) E O W 7 rR (�- o U N a 0 a Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 N CI a CI Cl U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Ate VM Certified Mail Fee Extra Services & Fees (check box, add tee 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 City, PS Form 3800, April 2015 PSN 7530-02-000-9047 It Postmark Here I I w O 0 0 U W a. O n U . «a 4) N 4-0 C CD V CD < <L ❑ ❑ ci a Date of Delivery U >- z ❑ ❑ E o oU) C -p 0 (0 La (0 > 2 T • i (� -a C 0 O W >- 6 B. Received by (Printed Name) 2 C C 0 0 E E 43 4.= 0 U 3 D i N 2 Q) O 0) -0)= C C N c 0 00.0) 0 acttcou)u)CC DOD ❑❑ aa)) an 13 .Y a) cC 1— c�0 (�U c c 2 2 • VU2(1))C) 55tt <<,0000 chi❑❑1❑❑❑I SENDER: COMPLETE THIS SECTION N i a) a) Q. 4-0 a) = O . o O M U U "CI Q. a -Oas cits - 4) (<1 'O Cr' ct a et— col -33 Cl) O'" 7:3�`= cll (to Uo o — U O u) 4) O Eo etc -4S roO U LL co < O ■ c--er c‘f �J (3— %.„0 Aa?: ,/hk Y ' d tom ($ 4:1 cc CO Co O d�- CD O a a) a Q) -Q cts a) 0 a) CO c .fl a) N a) 0 cc 0 0 a) a C) N CC 0 0 - re 0 5� 0 Lan r O II is rR rR a N Domestic Return Receipt O a) O N O LU Z aa- 0 N a T CO E LL 0 i WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/3/2023 10:26:13 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. vas IA) w - de, 51 312 3 Signature Date Property Owners Within 500 Feet of Parcel # 054931400001 Account Parcel Owner Mailing Address R8941189 054931400001 RANALLI KIRSTEN R R8941189 054931400001 144 /�' A RANALLI ANTHONY M 24989 COUNTY ROAD 86 AULT, CO 806109502 R8941190 054931400002 DILLARD JAMES H 26022 COUNTY ROAD 74 EATON, CO 806159613 R8973450 054932300009 SERRANO FEDERICO PACHECO 790 S MARJORIE AVE MILLIKEN, CO 805439133 R8969966 071105300008 DILLARD FAMILY LLC PO BOX 333 GALETON, CO 806220333 R0972886 071106000012 ANTHOLZ LLLP 5970 DRIFTER ST COLORADO SPRINGS, CO 809185249 Parcels: 5 Owner Records: 6 Page 1 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/3/2023 10:26:13 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 # 054931400001 Parcels: 5 Owner Records: 6 Um v)otA Lot Jcs 518 113 Signature Date Page 2of2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/24/2023 1:28:49 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. Jtr\ t i A L& ct (7_3Signature 1'IZ� Date Property Owners Within 500 Feet of Parcel # 054931400003 Account Parcel Owner Mailing Address R0605286 054931000009 KRAMER CHAD R0605286 054931000009 KRAMER EMILY 42667 COUNTY ROAD 51 AULT, CO 806109407 R8974850 054931100012 KRAMER EMILY R8974850 054931100012 KRAMER CHAD 42667 COUNTY ROAD 51 AULT, CO 806109407 R8974854 054931200016 LUSTER THOMAS 24505 COUNTY ROAD 43 LA SALLE, CO 806458501 R8941190 054931400002 1 44''' DILLARD JAMES H 26022 COUNTY ROAD 74 EATON, CO 806159613 R8941191 054�v9314�00003 1,1) -I- DILLARD FAMILY LLC PO BOX 333 GALETON, CO 806220333 R8942640 054931400004 ____ DILLARD FAMILY LLC PO BOX 333 GALETON, CO 806220333 R8975607 054932200012 NORTHUP SARAH 401 TAYLOR ST STERLING, CO 807513920 Parcels: 11 Owner Records: 15 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/24/2023 1:28:49 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. (DIA eU,10- 4 I ZL Z 3 Signature Date Property Owners Within 500 Feet of Parcel # 054931400003 Account Parcel Owner Mailing Address R8973450 054932300009 SERRANO FEDERICO PACHECO 790 S MARJORIE AVE MILLIKEN, CO 805439133 R8975608 054932300013 ANDERSON DANN R8975608 054932300013 CUMMINS KEVIN PO BOX 82 AULT, CO 806100082 R0972486 071106000001 FRED JOYCE K R0972486 071106000001 FRED DOUGLAS D 41008 COUNTY ROAD 49 AULT, CO 806109002 R0972886 071106000012 ANTHOLZ LLLP 5970 DRIFTER ST COLORADO SPRINGS, CO 809185249 Parcels: 11 Owner Records: 15 rJ4s Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/24/2023 1:28:49 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 # 054931400003 Parcels: 11 Owner Records: 15 (J0AO) ck I Z4 let Signature Date Page 3 of 3 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: Recorded Exemption No. 0549-31-4 RECx14-O124 S g1 T8 R64 ['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 C 054931400003 123.16 No Affected Easements Acreaee Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: James Dillard Company: Dillard Family, LLC Phone #: 970.381.1499 Email: Street Address: PO Box 333 City/State2ip Code: Galeton, CO 80622 APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: Steven John Stencel Company: Intermill Land Surveying, Inc. Phone IS, 970.669.0516 Email: ateve©intermiti.net Street Address: 1301 North Cleveland Avenue City/State/Zip Code: Loveland, CO 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. Alt 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. dos; �(Ii �rAMMO( /-/t nature. Owner or Authorized l to zed Agent Dale Signature: Owner or Authorized Agent Date James Dillard Print: Owner or Authorized Agent Print Owner or Authorized Agent DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17T" AVENUE . GREELEY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES James Dillard I Dillard Family, LLC Steven Stencel I Intermit Land Surveying t, (We), , 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: Parcel No. 54931400003 / Lot C, Retarded Exemption No. 0549-31-4 RECX14-0124 Part SE 1/4 31 8 64.00 Legal Description: of Section , Township N, Range W Recorded Exemption No. 0549-31-4 RECX14-0124 C Subdivision Name: 101Block Property Owners Information: 970.381.1499 tcnoyb@reagan.com Phone: E-mail: Applicant/Agent Contact Information: 970.669.0516 steve@intermill.net Phone: E -Mail: Email correspondence to be sent to: Owner ❑ Applicant/Agent Ill_Both_El_ Postal service correspondence to be sent to: (choose only one) Owner �_ Applicant/Agent Additional Info: Owner Signature: w Date: /-/7-2.O3 Owner Signature: Date: ARTICLES OF ORGANIZATION OF DILLARD FAMILY LLC I, the tmdersigned natural person of the age of eighteen years or more, acting as organizer of a limited liability company tinder the Colorado Limited Liability Company Act, adopt the following Articles of Organization for such limited liability company: FIRST: The name of the limited liability company is Dillard Family LLC and its principal place of business is 24806 Pleasant Hill Avenue, Galeton, Colorado 80622. SECOND: The period of duration is 30 //ears. THIRD: The limited liability company is organized for any legal and lawful purpose pursuant to the Colorado Limited Liability Company Act, as amended. FOURTH: The street address and the mailing address of the initial registered office of the limited liability company is Suite 3725, 1700 Lincoln Street, Denver, CO 80203, and the name of its proposed registered agent in Colorado at that address is Chester P. Schwartz. FIFTH: Management of the limited liability company is vested in the manager. The name and address of the initial manager is: NAME Herschel W. Dillard ADDRESS P. O. Box 333 Galeton, CO 80622 SIXTH: The name and address of the organizer is: NAME Chester P. Schwartz ADDRESS 961169158 C $50.00 SECRETARY of STATE 12-27-96 13:49 1700 Lincoln Street, Suite 3725 Denver, CO 80203 COMNI ER UN DH i E COMPLETE - CRW The undersigned consents to the appointment as the registered agent of Dillard Family LLC. ester . Schwartz 2 Colorado ry Secretary of State Colorado Secretary of State ID#:19961169158 Document #: 20228230588 Filed on: 12/20/2022 11:30:39 AM Paid: $10.00 Periodic Report filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S) The entity name is DILLARD FAMILY LLC The entity ID Number is 19961 169158 Jurisdiction under the law of which the entity was formed or registered is Colorado The principal office street address is 26022 WCR 74 Eaton CO 80615 US The principal office mailing address is PO Box 333 Galeton CO 80622 US The name of the registered agent is James Herschel Dillard Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Sherilyn Ann Shay 2343 Flora Drive Loveland CO 80537 US 4889508 Pages: 1 of 1 03/30/2023 10:52 AM R Fee :$13.00 D Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County , COI IIII PPM' Ir�Nh�i�IKYi`r VAIL.A1Lh�l■l I Bill SPECIAL WARRANTY DEED State Doc Fee: $0.00 Recording Fee: $0.00 THIS DEED is dated the 30 ' day of "We,/ , 2023, and is made between (whether one, or more than one), Oillad Forty. LLC, a Colorado limited liability company the "Grantor+ of the County of Weld and State of Colorado and Dillard Fatly, LLC, a Colorado limited liability company (whether one, or more than one), the "Grantee", whose legal address is , of the County of Weld and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars and No Cents ($10.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado described as follows: Lot C, Recorded Exemption No. 0529-31-4-RECX14-0124 according to the map recorded February 25, 2015 at Reception Number 4085945, being a part of the Southeast Quarter of Section 31, Township 8 North, Range 64 West of the 5" P.M., county of Weld State of Colorado County of Weld, State of Colorado. also known by street address as: 0 Vacant Land,co. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, inand to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: Statutory Exceptions as defined in C.R.S. § 38-30- 113(5)(a). IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Dillard Family, LLC, a Colorado limited liability company By: s H. Dillard, Me ager State of Colorado County of Weld The foregoing instrument was acknowledged before me this 3 Dday of f t 10ch , 2023 by me /�. Dillard ass Manager of Dillard Family, LLC, a Colorado limited liability company �&W Z Notary Public: Ara. fl l0f YS My Commission Expires: �" c - a ;3 3 Stewart Title File No.: 1839953 Statutory Special Warranty Deed CO LAURA MARRR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074039534 MY COMMISSION EXPIRES OCT. 19, 2023 Pagel & 1 torixi DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Dillard Jim Dillard Family Farm LLC c/o RECX14-0124 Planner: Steve Elkins Legal Description Being Colorado the SE4 of Section 31, T8N, R64W of the 6th P.M., Weld County, Parcel ID #: 0549-31-0-00-003 Lot A Size: +/- 5 acres Lot B Size: a +1- 34.9 acres Lot C Size: +/- 120 acres Water Source: Lot Lot Lot A: B: C: Proposed Proposed Proposed Well Well Well Sewer System: Lot Lot Lot A: B: C: Proposed Proposed Proposed Septic Septic Septic Yes No X Criteria Checklist Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2 Compatible with the existing surrounding land uses. X 3 Consistent with the intent of the zone district. X 4 Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24 8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. 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. RECX14-0124 Page 1 of 6 2. The applicant has proposed a well as the source of adequate water for the Lots. 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. 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 manage positively on site soils. 4. Prior to recording the plat: A. The applicant shall submit a completed and notarized Acreage Waiver form. This form is required because the applicant is choosing to do a three lot Recorded Exemption where, because of the amount of acreage associated with this application, the applicant would have been allowed to do a four lot Recorded Exemption. For this Recorded Exemption, please complete the Acreage Waiver form using the first option. A copy of the form has been included with this staff report. B. The applicant shall submit a copy of a recorded deed describing the parcel as the Southeast Quarter of Section 31, T8N, R64W of the 6th P.M., Weld County, Colorado. C. The applicant shall address the requirements of Weld County School District RE -2 as stated in the referral response dated November 21, 2014. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot B shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.6 of the Weld County Code. Net acreage calculations should not include future road right-of-way. F. Lot C shall comply with the one -hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.2 of the Weld County Code. Net acreage calculations should not include future road right-of-way. . G. 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. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0549-31-4 RECX14-0124 B. All recorded easements shall be delineated on the plat by book and page number or reception number. C. Lots A and B 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 A and B, 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. RECX14-0124 Page 2 of 6 D. Lot C shall use the new residential and agricultural access point necessary for agricultural operations as no additional accesses shall be granted. E. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. F. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number AP14-00497. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. G. County Roads 51 and 86 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of rights -of -way at full build out. The applicant shall verify the existing rights -of -way and the documents creating the rights -of -way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future rights -of -way. If the rights -of -way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. H. Setback radii 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. 6. 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 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 twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty -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) Lot A and Lot B are not eligible for a future land exemption in accordance with Section 24-8-20.C.2 of the Weld County Code. 4) 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. 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 the Lots have an adequate water supply of sufficient quality, quantity and dependability. RECX14-0124 Page 3 of 6 7) Potential purchasers should be aware that the Lots 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. 8) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 9) 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. 10) 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. 11) 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 29-3-20.8.13 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. 12) The historical flow patterns and runoff amounts will be maintained on the site. 13) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 14) 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. 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 RECX14-0124 Page 4 of 6 agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand bum, 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. 7. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit one (1) electronic copy or one (1) paper copy 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. 8. 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. 9. The Department of Planning Services requests respectfully the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn .(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. RECX14-0124 Page 5 of 6 10. 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. By: Steve Elkins, Planner RECX14-0124 Page 6 of 6 Date: I Z lL s/I 5-4 Hello