HomeMy WebLinkAbout20232059.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0039, OF TWO -LOT CORRECTED
RECORDED EXEMPTION, RECX16-0039, FOR REMOVAL OF LOT B -
MICHAEL COAN
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 May 2, 2016, the Department of Planning Services approved Two -Lot
Recorded Exemption, RECX16-0039, and
WHEREAS, the Board has received a request from the current property owner, Michael
Coan, 28242 County Road 10, Keenesburg, Colorado 80643-9415, to vacate Lot B of Corrected
Recorded Exemption, RECX16-0039, located on the following described real estate, to wit:
Lot B of Corrected Recorded Exemption,
RECX16-0039; being part of the SE1/4 of
Section 18, Township 1 North, Range 63 West of the
6th P.M., Weld County, Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
3. No easements are being included in this vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Michael Coan, for Partial Vacation of Two -Lot Corrected
Recorded Exemption, RECX16-0039, for removal of Lot B, be, and hereby is, approved, subject
to the following conditions:
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.
4914109 Pages: 1 of 2
08/09/2023 11:38 AM R Fee:$0.00
Carly Koppes; Clerk and Recorder, Weld County , CO
■li l���f ',�i h'i'd tIVIfs ItM6 'IMiiid III III
2023-2059
RECX16-0039
cc: PL=iv/MN/M13'), APPL..
05/3.3 /23
PARTIAL VACATION, VAC23-0039, OF TWO -LOT CORRECTED RECORDED EXEMPTION,
RECX16-0039, FOR REMOVAL OF LOT B - MICHAEL COAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of July, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditiudv Gljeido;vi
Weld County Clek to the Board
BY: Oittrh�1 �( MALI i
Deputy Clerk to the Board
APP
ttorney
Date of signature:
Z-9 113
Mik
"ry L. Buc1 , Pro-Tem
4914109 Pages: 2 of 2
08/09/2023 11:38 AM R Fee:$0.00
Carly KcPPes, Clerk and Recorder, Weld count, : CO
1111 firs iriki; Vr'i k ,I III
2023-2059
RECX16-0039
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Nelson, Planner
Subject Partial Vacation of RECX16-0039
Hearing Date: July 19, 2023
Owners: Michael J. Coan
Legal Description: Lot B of Corrected Recorded Exemption RECX16-0039; being a part of the SE4 of Section
18, T1 N, R63W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 8; approximately 0.25 miles West of County
Road 63
Parcel Number: 1477-18-4-00-038
Total Parcel Size: +1- 69.55 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of the two -Lot Corrected Recorded Exemption
RECX16-0039, recorded June 22, 2016, reception # 4213525. This partial vacation of Lot B of RECX16-
0039 would result in an approximately 66 acre unplatted parcel. Lot A of RECX16-0039 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.
2023-2059
Partial Vacation of RECX16-0039 I Coan
Page 1 of 2
13tCI I Co - Doi
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.
Partial Vacation of RECX16-0039 I Coan
Page 2 of 2
June 2, 2023
I am requesting that Lot B of RECX16-0039 be vacated.
Thank you
A,L1,.,1 c.,
Michael J Coan
Vacation Plat of Lot B
Recorded Exemption No. 1477-18-4 RECX16-0039
Locoted in the West 1/2 of the Southeast 1 4 of SeMion a
Township 1 North, Range 63 West of the 6th '1
County of Weld, State of Coloeago
Sheet 1 of 2
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Vacation Plat of Lot B
Recorded Exemption No. 1477-18-4 RECX16-0039
Located in the West 1/2 of the Southeast 1/4 of Section 18.
Township 1 North, Ronge 63 West of the 5th P.M.,
County of Weld, State o! Colorodo
Sheet 2 of 2
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weld.gov.
Date: July 19, 2023
Time: 9:00 a.m.
Applicant:
Michael Coan
28242 County Road 10
Keenesburg, Colorado 80643-9415
Request: Partial Vacation, VAC23-0039, of Two -Lot Corrected Recorded Exemption,
RECX16-0039, for Removal of Lot B
Legal Description: Lot B of Corrected Recorded Exemption, RECX16-0039; being part of the
SE1/4 of Section 18, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 8; approximately 0.25 miles west of County
Road 63 (see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: July 7, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
CORRECTED RECX16-0039
Owner
CHRISTOPHER AND CHERYL
RITTIERODT
MICHAEL COAN
Address
30667 COUNTY ROAD 8
28242 COUNTY ROAD 10
City
State
KEENESBURG CO
KEENESBURG CO
Zip
80643-8628
80643-9415
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 Corrected Recorded Exemption, RECX16-0039, in the United
States Mail, postage prepaid First Class Mail as listed above.
to
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Dated the 7th day of July, 2023.
Jan kX1Auo;
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
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PS Form 3800, April 2015 PSiv 7530-02-000-9047
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Domestic Return Receipt
PS Form 3811, July 2020 PSN 7530-02-000-9053
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/22/2023
3:31:33 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.
Ciai- k)oj w
Le FZ3 Signature
ZZ
Date
Property Owners Within 500 Feet of Parcel # 147718400038
Account
Parcel
Owner
Mailing Address
R6523986
147718000001
M7 GAL-LLC
6691 COUNTY ROAD 80
FORT COLLINS, CO 805249021
R0904901
147718000023
LOBATO DANIEL R
R0904901
147718000023
PFEFFER JOAN
30589 COUNTY ROAD 8
KEENESBURG, CO 806438628
R1035602
147718000026
WAGNER JANE TRUST
R1035602
147718000026
WAGNER JOHN TRUST
3635 COUNTY ROAD 63
KEENESBURG, CO 806438605
R1274996
147718200015
CURRY GARRETT
3508 COUNTY ROAD 61
KEENESBURG, CO 806438613
R6781151
147718300002
HRUBES JUSTON
30457 COUNTY ROAD 8
KEENESBURG, CO 806438628
R6781152
147718300003
MEKETUK BRIANA JENAE
R6781152
147718300003
MEKETUK JONATHAN MYKEL
30453 COUNTY ROAD 8
KEENESBURG, CO 806438628
Parcels: 16
Owner Records: 26
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/22/2023
3:31:33 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.
C�Ct-r\ 14-)a ` i
LeISignature
zZ ) Z3
Date
Property Owners Within 500 Feet of Parcel # 147718400038
Account
Parcel
Owner
Mailing Address
R6781153
147718300004
BAILEY CATHERINE
R6781153
147718300004
BAILEY CHRIS C
30263 COUNTY ROAD 8
KEENESBURG, CO 806438628
R8956108
147718300040
BEFUS BOBBY LEE
R8956108
147718300040
BEFUS SAMUEL E
3098 COUNTY ROAD 61
KEENESBURG, CO 806438613
R8965125
147718400002
COAN MICHAEL J
28242 COUNTY ROAD 10
KEENESBURG, CO 806439415
R8940352
147718400031
CONTRYMAN LEA
R8940352
147718400031
GOLDEN BAILEY
R8940352
147718400031
GUINN JORY
3461 COUNTY ROAD 63
KEENESBURG, CO 806438605
R8946536
147718400037
RITTIERODT CHERYL
Parcels: 16
Owner Records: 26
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/22/2023
3:31:33 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.
dal\ 1/0 CIM#0;
Ira. �3 Signature
Date
Property Owners Within 500 Feet of Parcel # 147718400038
Account
Parcel
Owner
Mailing Address
R8946536
147718400037
1,04- Fr
RITTIERODT CHRISTOPHER L
30667 COUNTY ROAD 8
KEENESBURG, CO 806438628
R8946537
147718400038
LA-
COAN MICHAEL J
28242 COUNTY ROAD 10
KEENESBURG, CO 806439415
R1078896
147719000007
S4 FARMS LLC
3747 COUNTY ROAD 59
KEENESBURG, CO 806439428
R6778438
147719100013
DODD LANELL A
R6778438
147719100013
DODD DAVIE W
30882 COUNTY ROAD 8
KEENESBURG, CO 806438627
R6778440
147719100014
DIAMOND AMBER K
R6778440
147719100014
DIAMOND MARCUS A
3143 LYNWOOD AVE
HIGHLANDS RANCH, CO 801268046
R8943305
147719100019
COAN MICHAEL J
28242 COUNTY ROAD 10
KEENESBURG, CO 806439415
Parcels: 16
Owner Records: 26
Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/22/2023
3:31:33 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 # 147718400038
Parcels: 16
Owner Records: 26
Gan kiOutuD) W
Le I en 3 Signature
Date
Page 4of4
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISIOM EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED: (A/7/7-2,
AMOUNT: $ 2 ('�'` CASE # ASSIGNED: VAC 00'T?
APPLICATION RECEIVED BY: PLANNER ASSIGNED: Nil/
PLAT INFORMATION L oT$ EC )X/(o - o03q
Title of plat to be vacated: kdorc.S.A. E1te.•h M 1477 —/B-4 S /8 T /F✓ R(r3IA)
QComplete Vacation (must include all lots)
Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easements
B
14771a400038
(01.57
2 a;Lpye_ [,/,—.
1 J o t A- A -cc sS e*Se M 2+Jt
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: /A IC IAA- EL T: CoNJ
Company:
Phone #: 3o' _704 —349c, Email: -3 M co 14 NI yr4t+DD,
Street Address: z&p zit.? C (a /o
City/State/Zip Code: g e�Ncs v2 Gt., CD 9044.3
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name:
Company:
Phone #:
Email:
Street Address:
City/State/Zip Code:
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions
or subdivision exemptions.
Signature: Owner or A orized Agent
MICNAEL T. CoA?J
Print: Owner or Authorized Agent
TOZ2423
Date Signature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent
WELD COUNTY ACCESS PERMIT
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970) 304-6496
After Hours: (970) 356-4000
Emergency Services: (970) 304-6500 x 2700
Inspection: (970) 304-6480
Permit Number: AP16-00115
Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado.
Project Name: RECX16-0039 Expiration date:
Applicant Information:
Name: Mike Coan
Company: Mike Coan
Phone: 303-732-4391
Email: bmcoan@yahoo.com
Location:
Access is on WCR: 8
Nearest Intersection WCR: 8
Distance From Intersection: 1660
Number of Existing Accesses: 1
Planning Process: RE RECX16-0039
Road Surface Type & Construction Information:
Road Surface: Gravel
Culvert Size & Type: 18" CMP/RCP min. if req.
Start Date: 05/01/2016 Finish Date: 08/01/2016
Materials to Construct Access:
& WCR: 63
Property Owner Information:
Name:
Company: same as applicant
Phone:
Email:
Proposed Use:
Temporary:
Single Residential: B
Industrial:
Small Commercial:
Oil & Gas:
Large Commercial:
Subdivision:
Field (Agricultural W
Only)/Exempt:
Required Attached Documents Submitted:
Traffic Control Plan: No Certificate of Insurance: No Access Pictures: Yes
A copy of this permit must be on site at all times during construction hours
Daily work hours are Monday through Friday DAYLIGHT to 'A HOUR BEFORE DARK (applies to weekends if approved)
Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work
Special Requirements or Comments
Parcel 147718400033 & 147718400034. Utilize NEW shared access point on CR 8 for Lot A & B (1 -Residential) located approx. 1660
ft. West of CR 63. Utilize existing access point on CR 8 for Lot B (1 -AG) located approx. 2570 ft. West of CR 63. Previously permitted
point in AP15-00265 SHALL NOT be constructed.
Approved by: Gabber[zlgnedbyMor9en Weld County Public Works
ON:cn=Morgan C»bherG o, ou,
email=mgabbert@weldgov,mm,
c=U5
Da. 201603 3909:14.6-0600'
Date: 3/29/2016
Print Date -Time: 3/29/2016 9:13:44AM Access Permit PW008
Page 1 of 1
4907187 Pages: 1 of 1
07/05/2023
10,19
AM R s d R. Fee:$13r.0d county ,0.00
/III t�� iblil�il.h,Mr�F4iiia'�tr�iJ iitiaWi Mill
CORRECTION DEED
QUITCLAIM DEED
THIS DEED, dated T,J�y 5� Z O 2
between Michael J. Coan ofthe County of Weld, and State of Colorado, grantor, and Michael
J. Coan whose legal address is 28242 County Road 10, Keenesburg, Colorado 80643 of the
County of Weld, and State of Colorado grantee,
WITNESS, that the grantor, for and in consideration of the sum of TEN DOLLARS and zero
cents ($10.00), the receipt and sufficiency of which is hereby acknowledge, has remised,
released, sold and QUITCLAIMED, and by these presents does remise, release, sell and
QUITCLAIM unto the grantee his heirs, successors and assigns forever, all the right, title,
interest, claim and demand which the grantor has in and to the real property, together with
improvements, if any, situate, lying and being in the County of Weld, and State of Colorado,
described as follows:
PT W2, SE4, 18, 1N, R63W, Lot B, CORRECTED REC EXEMPT RECX16-0039
According to the recorded plat in the Office of the County Clerk and Recorder filed
June 22, 2016
*Correction Deed is being executed to correct the legal description of the subject property for
that certain Quitclaim Deed dated June 2, 2023 and recorded June 2, 2023 at Reception Number
4901507 in the records of Weld County, Colorado
also known by street and number as: TBD County Road 8, Keenesburg, Colorado 80643
assessor's schedule or parcel number: 147718400038
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever of the grantor, with in law or equity, to the only proper use,
benefit and behoof of the grantee his heirs and assigns forever.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
ichael J. Coan
STATE OF COLORADO )
^� ss.
COUNTY OF 1(),Q (U )
The foregoing instrument was acknowledged before me this 50` day of
by Michael J. Coan.
Witness my hand and official seal.
My commission expires:
TEREI► LYNNE SMITH
TARY Pl1BUC
STATE OF C0�I�0R�
NOTARYtitES JUNE 12.2021
MY COMYISS10�4 ...
CAUeasVody,DoeumenACllrnIABS.anIComction Qui4lalm CR N.docz
, 2023,
V1ibuiAjLti'l
Notary Public
4001507 Pages: 1 of 3
08/02/2023 30:14 02 $ D F..:$0.$0
C�riY Ko:A Clerk end 41.:.74,:2!:?: Co�rttY . CO
VIII N��114L�Zf ll� 'hi,l`i�i 4��Ili� p�K� ti � 11O1411111
Prepared by:
Michael J Coan, 28242 County Road 10., Keenesburg Co. 80643
Parcel ID:
147718400038
Quitclaim Deed
THIS DEED is dated June 1, 2023 between:
Michael J Coan of 28242 County Road 10.,
Keenesburg Co. 80643,
( the "Grantor")
AND
Michael J Coan of 28242 County Road 10,
Keenesburg, CO 80643,
( the "Grantee")
WITNESS, that the Grantor, for and in consideration of the sum of $10.00, the receipt and
sufficiency of which is hereby acknowledged, remises, releases, and sells, as well as quitclaims,
unto the Grantee, his heirs and assigns forever all the right, title, interest, claim and demand
which the Grantor has in the real property, together with improvements, if any, situate, lying
and in the County of Weld of the State of Colorado, described as follows:
PT W2, SE4,18, 1N, R63W, Lot 13, REC EXEMPT RECX16-0039
according to the recorded plat in the Office of the County Clerk and Recorder filed June 22,
2016.
This property is also known by street number as TBD County Road 8, Keenesburg, Colorado
80643.
Assessor's schedule or parcel number: 147718400038.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges belonging on the property, or in anywise appertaining to the property, and all the
Page 1 of 3
Quitclaim Deed Page 2 of 3
estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the
only proper use and benefit of the Grantee, and the Grantee's heirs and assigns forever.
I, Michael J Coan of 28242 County Road 10., Keenesburg Co. 80643, in accordance with the
above Quitclaim Deed, and in consideration of the above sum and other good and valuable
consideration received, do hereby waive and release to the Grantee all rights of dower, curtesy,
homestead, community property, and all other right, title and interest, if any, in and to the above
property.
Michael J Coan
4802507 Pawn: 2 of 3
00/02/2023 10:14 051 R Fee:$23.00 0 Fee:$0.00
Carly Kamm , Clerk end Recorder, Weld County , CO
IIlll NFIlli ' l Lille. 'hIVAWil1 FALINOll 11111
Quitclaim Deed
Grantor Acknowledgement
STATE OF COLORADO
COUNTY OF We, 1 W
Page 3 of 3
The foregoing instrument was acknowledged before me, efts np, k 6 (tE n b , this
'ft- day of . RP .L. , , by the Grantor, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacities, and that by his signatures on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
Witness my hand and official seal.
My commission expires (" cl l - as2 of
4ertit,
Notary Public, the State of Colorado
County of iV
ANTOINETTE S FORMOLO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19914009164
MY COMMISSION EXPIRES JUNE 21, 2025
4901507 Page.: 3 of 3
04/02/2023 10 14 All R Fa:;23.00 D Fu;;0.00
Carly KOpp�a, Clark and R�oordar, iJaid County CO
1IMMM
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Michael
J.
Coan
RECX16-0039
Planner:
Ryder
Reddick
Legal
Description
Lot
R63W
A and
of
the
Lot
B
6th
Recorded
P.M.,
Weld
Exemption
County,
CO
RECX15-0076;
being
a
part
of
the W2 SE4 of
Section
18,
Ti
N,
Parcel
ID
#s:
1477-18-4-00-033
& 1477-18-4-00-034
Lot
A Size
Before:
+/-
9 acres
Lot
B Size
Before.
+1- 65.11
acres
Lot
A Size After:
+/-
5 acres
Lot
B Size After
+/- 69.11
acres
Water
Before
Source
& After:
I
Lot
Lot
A:
B:
Well
Proposed
Permit
#298344
Well
Sewer
Before
System
& After:
Lot
Lot
A:
B:
Proposed
Proposed
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.
The applicant has proposed a well as the source of adequate water for Lot B. 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.
RECX16-0039
Page 1 of 5
3. Prior to recording the plat:
A. The applicant shall address the requirements (concerns) of the State Division of Water
Resources, as stated in the referral response dated April 11th, 2016. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
B. Lot A 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.
C. 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.
D. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8-
40.P. of the Weld County Code. Net acreage calculations should not include future road right-
of-way.
E. 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. 1477-18-04 RECX16-0039.
B. A 30 foot wide joint access and utility easement extending across Lot A and Lot B from County
Road 8, for the benefit of Lot A and Lot 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. 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 (AP16-00115). 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 8 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. The joint access and utility easement created for the benefit of Lot A and Lot B of RECX15-
0076 shall not be constructed or shown on the plat as the new proposed access easement
created through this current Amendment will take its place for the new access point off of
County Road 8.
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.
RECX16-0039
Page 2 of 5
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.
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) The purpose of this amendment is to adjust the boundaries between Lots A and B of
RECX15-0076 now known as Lots A and B of RECX16-0039.
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) All structures requiring building permits shall be located within an area that has been
released from the CRP program.
7) Evidence shall be submitted indicating land has been released from the CRP program
prior to the release of building permits.
8) 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.
9) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot B has an adequate water supply of sufficient
quality, quantity and dependability.
10) Potential purchasers should be aware that Lot B may not be eligible fora 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.
11) 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.
12) 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.
13) The property owner shall control noxious weeds on the site.
RECX16-0039
Page 3 of 5
14) The historical flow patterns and runoff amounts will be maintained on the site.
15) 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.
16) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
17) 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.
18) 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 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.
19) 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.
RECX16-0039
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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 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 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.
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 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 mapsnco.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.
By:�
yder Reddick
RECX16-0039
Page 5 of 5
Date: 5/2/2016
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