HomeMy WebLinkAbout20231003.tiffRESOLUTION
RE: APPROVE VACATION, VAC23-0006, OF TWO -LOT FAMILY FARM DIVISION,
FFD22-0010, AND RECOMBINE LOTS INTO ONE PARCEL -
GREENLEAF ACRES, LLC, C/O BARRY FEHR
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 16, 2022, the Department of Planning Services approved, Two -Lot
Family Farm Division, FFD22-0010, creating parcels of 65.5 acres and 6.63 acres in -size, more
or less, and
WHEREAS, said property is located in part of the Lots A and B of Family Farm Division,
FFD22-0010; being part of the NE1/4 of Section 13, Township 2 North, Range 65 West of the
6th P.M., Weld County, Colorado, being more particularly described as Lots A and B of Family
Farm Division, FFD22-0010, and
WHEREAS, the Board has received a request from Greenleaf Acres, LLC, do Barry Fehr,
23670 County Road 22, Hudson, Colorado 80642, to vacate said Family Farm Division,
FFD22-0010, which was recorded June 20, 2022, at Reception #4839165, in the records of the
Weld County Clerk and Recorder, and
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 vacation, and
WHEREAS, any persons owning dedicated and recorded easements and rights -of -way
crossing the parcels to be vacated, if any, may continue such use after formal vacation by Weld
County.
4893794 Pages: 1 of 2
04/21/2023 10:29 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
VIII I���I� IY��'4� Vi M�i�l� �'ilt4� tit' l h'r� 114 1I 111
CC:pL(TP/tAW/11 ),APPL.
ON/27/23
2023-1003
PL2874
VACATION, VAC23-0006, OF TWO -LOT FAMILY FARM DIVISION, FFD22-0010, AND
RECOMBINE LOTS INTO ONE PARCEL - GREENLEAF ACRES, LLC, C/O BARRY FEHR
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Family Farm Division, FFD22-0010, be, and hereby is, vacated, and the
Lots, be, and hereby are recombined into one parcel.
BE IT FURTHER RESOLVED by the Board that any persons owning dedicated and
recorded easements and rights -of -way crossing the parcels to be vacated, if any, shall not be
affected by this vacation authorized herein, unless reflected differently on the Family Farm
Division plat.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to record this Resolution in the records of 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 10th day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ;�
Weld County Clerk to the Board
BY:
eeman, C
L. ' u k, Pro-Tem
Sc tt K. James
AP' ' e�' ED % O FOR �,! :.us._ �\ XCUSED
ounty : rney
Date of signature: off /r7/2
Lori Saine
4893794 Pages: 2 of 2
04/21/2023 10:29 AM R Fee:$0.00
Carly Koppea, Clerk and Recorder, Weld County , CO
11111
2023-1003
PL2874
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Nelson, Planner
Subject: Complete Vacation of FFD22-0010
Hearing Date: April 10, 2023
Owners: Greenleaf Acres LLC
Representative: Barry L Fehr
Managing Partner
Legal Description: Lot A and B of Family Farm Division FFD22-0010; being a part of the NE4 of Section 13,
T2N, R65W of the 6th P.M., Weld County, CO
Location: West of and adjacent of County Road 49; South of and adjacent to County Road 22
Parcel Number: 1307-13-1-00-008, 1307-13-1-00-009, and 1307-13-1-00-010
Total Parcel Size: +1- 75.81 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate FFD22-0010, recorded June 30, 2022, reception #4839165. This complete
vacation of Lots A and B of FFD22-0010 would result in an approximately 75.81 acre unplatted parcel.
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 24-7-90. A of the Weld County Code, states in part: "A property owner may request a complete
vacation of an existing Family Farm Division."
Section 24-7-90 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 24-7-90. 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 24-7-90. B of the Weld County Code allows for complete vacations. The submitted vacation request
complies with this code section.
910
Vacation of FFD22-0010 I Greenleaf Acres LLC
Page 1 of 2
2s14
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 24-7-90.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 FFD22-0010 I Greenleaf Acres LLC
Page 2 of 2
VACATION PLAT FOR LOT B, FAMILY FARM DIVISION NO. FFD22-0010
Part of the Noriheost 1/4 of Section 13,
Township 2 North, Range 65 West of the 6th P.M.,
County of Weld, State of Colorado
Sheet 1 of 1
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PROPERTY DESCRIPTION BEFORE VACATION:
PROPERTY DESCRIPTION AFTER VACATION:
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OWNER'S CERTIFICATE
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County of Weld, State of Colorado
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DEPARTMENT OF PIANNINO SERVICES -
ADMINISTRATIVE REVIEW CAE RTIFICATE OF APPROVAL:
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STATE OFLOLORADO
NOTARY 102012/RNB27
COMWSSnNEIt%RES.UNEO5. D&x
WELD COUNTY NOTES:
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least
five days prior to the hearing. The cost of engaging a court reporter shall be borne by the
requesting party. In accordance with the Americans with Disabilities Act, if special
accommodations are required in order for you to participate in this hearing, please contact the
Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weld.gov.
Date: April 10, 2023
Time: 9:00 a.m.
Applicant:
Greenleaf Acres, LLC
c/o Barry Fehr
23670 County Road 22
Hudson, Colorado 80642
Request: Vacation, VAC23-0006, of Two -Lot Family Farm Division, FFD22-0010, and recombine
the lots into one parcel
Legal Description: Lots A and B of Family Farm Division, FFD22-0010; being part of the NE1/4
of Section 13, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado, being
more particularly described as Lots A and B of Family Farm Division, FFD22-0010
Location: West of and adjacent to County Road 49; south of and adjacent to County Road 22
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: March 29, 2023
ADJACENT PROPERTY OWNERS
FOR VACATION OF
FFD22-0010
Owner
GREENLEAF ACRES
C/O BARRY FEHR
Address
23670 COUNTY ROAD 22
City
State Zip
HUDSON CO 80642-9513
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 Vacation of Family Farm Division, FFD22-0010, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 29th day of March, 2023
Janet M. Warwick
Deputy Clerk to the Board
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CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com''.
C c
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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 $
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Total Pos
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City,
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PS Form 3800, April 2015 PSN 7530-02-000-9047
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/28/2023
9:53:37 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 # 130713100008
C
ni ttiA us-Itfc-
3I Z 2 i
7,3 Signature
Date
Account
Parcel
Owner
Mailing Address
R8978663
130713100005
GREENLEAF ACRES LLC
C/O BARRY FEHR
23670 COUNTY ROAD 22
HUDSON, CO 806429513
R8978664
130713100006
GREENLEAF ACRES LLC
C/O BARRY FEHR
23670 COUNTY ROAD 22
HUDSON, CO 806429513
R8978665
130713100007
GREENLEAF ACRES LLC
C/O BARRY FEHR
23670 COUNTY ROAD 22
HUDSON, CO 806429513
R8978666
130713100008
1,6'1"
GREENLEAF ACRES LLC
C/O BARRY FEHR
23670 COUNTY ROAD 22
HUDSON, CO 806429513
R8978667
130713100009
1,14
GREENLEAF ACRES LLC
C/O BARRY FEHR
23670 COUNTY ROAD 22
HUDSON, CO 806429513
R8978668
130713100010
l•L" �5
GREENLEAF ACRES LLC
C/O BARRY FEHR
23670 COUNTY ROAD 22
HUDSON, CO 806429513
Parcels: 6 Owner Records: 6
Page 1 of 2
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/28/2023
9:53:37 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 # 130713100008
Parcels: 6
Owner Records: 6
Date
Signature
Page 2 of 2
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDMSION EXEMPTIONS
FOR PLANNING DEPARTMENT USEz DATE RECEIVED:
AMOUNT: $ CASE # ASSIGNED:
APPLICATION RECEIVED BY: PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacates: All pf Fa.,;ly j r,a (? :s X04 PI0 PFI)a2-OO/OS 13 T 2n R 65W
®Complete Vacation (must include all lots)
OPartial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number Acreage Affected Easements
$il of FFD21-ootO
)2.13
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: 6 ree. Lee+ A^citi 2 -Le.
Company:
Phone #: 1/45ly .33o_z185 Email: rte.,' Ietcf 4.L't ho#av 1 . co..,
Street Address: 236)o Gil (2-2
City/State/Zip Code: Nd804,42
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.
Cvtrvy ,
Signature: Owner or Authorized Agent
srry FJ.W.
Print Owner or Authorized Agent
1-2 23
Date Signature. Owner or Authorized Agent Date
Print: Owner or Authorized Agent
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos.state.co.us and
select Business Center.
-Fried
Colorado Secretary of State
Date and Time: 08/19/2011 10:43 AM
ID Number: 20111469832
$50.00 Document number: 20111469832
Amount Paid: $50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
1. The domestic entity name of the limited liability company is
GreenLeaf Acres, LLC
(The name of a limited liability company must contain the term or abbreviation
"limited liability company", "ltd. liability company", "limited liability co.", "ltd.
liability co.", "limited", "11c.", "llc", or "ltd". See §7-90-601, C.R.S.)
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
Street address 4716 545th Ave.
(Street number and name)
West Bend IA 50597
(City)
(State) (ZIP/Postal Code)
United States
(Province — if applicable) (Country)
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(City)
(State) (ZIP/Postal Code)
(Province — if applicable) (Country)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
(Last)
(First) (Middle) (Suffix)
Corporation Service Company
Street address 1560 Broadway, Ste. 2090
ARTORG_LLC
(Street number and name)
Denver
(City)
CO 80202
(State) (ZIP Code)
Page 1 of 3 Rev. 02/28/2008
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(City)
CO
(State)
Me following statement is adopted by marking the box.)
ILI The person appointed as registered agent has consented to being so appointed.
(ZIP Code)
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual) Fehr Barry
OR
(if an entity)
(Last) (First) (Middle) (Suffix)
(Caution: Do not provide both an individual and an entity name.)
4716 545th Ave.
Mailing address
(Street number and name or Post Office Box information)
West Bend IA 50597
(City) (State) (ZIP/Postal Code)
United States
(Province - if applicable) (Country)
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
❑ The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable box.)
❑✓ one or more managers.
OR
❑ the members.
6. (The following statement is adopted by marking the box)
✓❑ There is at least one member of the limited liability company.
7. (If the following statement applies, adopt the statement by marking the box and include an attachment.)
❑ This document contains additional information as provided by law.
8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date.)
(If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.)
The delayed effective date and, if applicable, time of this document is/are
(mm/dd/yyyy hour: minute am/pm)
ARTORG_LLC
Page 2 of 3 Rev. 02/28/2008
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual is named in the document as one who has caused it to be delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Groom Patrick
(Last) (First) (Middle) (Suffix)
822 7th St., Ste. 760
(Street number and name or Post Office Box information)
Greeley CO 80634
(City) (State) (ZIP/Postal Code)
United States
(Province — if applicable) (Country)
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
El This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTORG_LLC
Page 3 of 3 Rev. 02/28/2008
4885759 03/09/2023 03:26 PM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes - Clerk and Recorder, Weld County , CO
SPECIAL WARRANTY DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Witwer, Oldenburg, Barry & Groom, LLP
Attn: Patrick M. Groom, Esq.
822 7'h St., Ste. 760
Greeley, CO 80631
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is dated as of the 2l'' day of February, 2023,
between GREENLEAF ACRES, LLC, a Colorado limited liability company ("Grantor"), and
GREENLEAF ACRES, LLC, a Colorado limited liability company (collectively "Grantee"),
whose street address is 23660 CR 22, Hudson, CO 80642.
WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm unto Grantee, and its successors and assigns, forever, all of that
certain real property, together with improvements, if any, in the County of Weld and State of
Colorado that is legally described as:
LOT A and Lot B of Family Farm Division No. FFD22-0010, according to the plat
recorded on June 30, 2022, at Reception No. 4839165, being a part of the Northeast
'/4 of Section 13, Township 2 North, Range 65 West of the 6'h P.M., County of
Weld, State of Colorado
(the "Property");
TOGETHER WITH all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
demand whatsoever, of Grantor, either in law or equity, of, in and to the Property;
TO HAVE AND TO HOLD the Property unto Grantee, its successors and assigns, forever;
AND .Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet
and peaceable possession of the Property by Grantee, its successors and assigns, against every
person who lawfully claims the Property or any part thereof, by, through or under Grantor, subject
to taxes and assessments for the current year and Statutory Exceptions pursuant to C.R.S. §38-30-
113.
[SIGNATURE PAGE FOLLOWS
4885759 03/09/2023 03:26 PM
Page 2 of 2
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day
and year first written above.
GREENLEAF ACRES, LLC
a Colorado limited liability company
By:
Barry L. Fe Manager
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 2-q411- day of February, 2023, by
Barry L. Fehr, as Manager of GreenLeaf Acres, LLC, a Colorado limited liability company.
Witness my hand and official seal:
2. —6
Notary Public
My commission expires: 4 -q'2oZq .
CAROL R TEMPLEMAN
Notary Public
State of Colorado
Notary ID # 20074038797
My Commission Ex ires 04.09.2024
2
DEPARTMENT OF PLANNING SERVICES
FAMILY FARM DIVISION
ADMINISTRATIVE REVIEW
Case #:
FFD22-0010
Planner: Angela Snyder
Submitted: 4/15/2022
Applicant:
Greenleaf Acres LLC c/o Barry Fehr
Parcel
ID
#(s):
130713100003
& 130713100004
Legal
Description(s):
PT
NE4
of
Section
13,
T2N,
R65W of
the 6th P.M.,
Weld
County,
CO
Family
Farm
Location:
Proposed
Lot
A of
FFD,
23670 CR
22 (South
House)
Lot
A Size:
± 6.63 acres
Lot
B Size:
± 65.50 acres
Water
Source:
Lot
Lot
A:
B:
Well
Proposed
#292910
Well
Sewer System:
Lot
Lot
A:
B:
Septic
Proposed
#SE
-1200185
Septic
The Family Farm Division criteria and process are detailed in Chapter 24, Article VII of the Weld County Code.
Referral Agency Review:
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
• Town of Keenesburg, referral dated May 9, 2022
• Weld County School District RE -3J, referral dated April 18, 2022
• Colorado Division of Water Resources, referral dated May 2, 2022
• Weld County Department of Public Health and Environment, referral dated July 14, 2021
• Weld County Department of Planning Services — Development Review. referral dated April 22, 2022
• Weld County Department of Planning Services — Floodplain, referral response dated May 10, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Hudson Fire Protection District. referral dated April 22, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Hudson
• Weld County Zoning Compliance
• Platte Valley Conservation District
Narrative:
The proposed application seeks to separate a second set of residential improvements, located at 23670
County Rd 22, from an active family farm, Greenleaf Acres LLC, which has multiple families in the
partnership. This application is for the M. Skoglund family. This Family Farm Division (FFD) is being
reviewed in conjunction with FFD22-0009, which will separate the original set of residential improvements
for another member, the B. Fehr family. Both FFDs are occurring on the same 124 -acre parent parcel that
will be combined with an adjacent 24 -acre parcel and then split into separate parcels prior to recording the
plat. The FFDs will allow the members to own their homes separately from the family farm partnership
FFD22-0010
Page 1 of 7
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the Family Farm Division Overview and Standards per Sections 24-7-10 and 24-7-20 of the Weld County
Code have been met. This Family Farm Division is approved with the following conditions of approval in
accordance with information submitted in the application and the policies of Weld County.
1. Prior to recording the plat:
A. The applicant shall satisfy the requirements of Weld County School District RE -3J, as stated in the
referral response dated April 18, 2022, per Section 24-3-170 of the Weld County Code. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
B. The applicant shall address the •requirements of the Colorado Division of Water Resources, as
stated in the referral response dated May 2, 2022. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
2. The draft plat shall be amended as follows:
A. The map shall be prepared per Section 24-7-50 of the Weld County Code.
B. Each page of the plat shall be titled: Family Farm Division No. FFD22-0010
C. The plat shall include the attached Weld County Plat Notes.
D. The plat shall bear the certifications shown in Appendix 24-C of the Weld County Code, as
amended. Do not include the Board of County Commissioners certificate block.
E. The plat shall contain a historical list of the land division and amendments which resulted in the
parent parcel(s). Reference previous land divisions by case number, reception number and
recording date of plat or deed.
F. The Family Farm Division lots shall be designated in alphabetical order from smallest to largest in
acreage on the plat map and legal description.
G. All lots of the Family Farm Division shall not be less than one (1) acre in size if served by a public
water source or two and one-half (2.5) acres if served by a water well.
H. The lot created by the Family Farm Division shall not be greater than seven (7) acres.
I. All lots included in the Family Farm Division application that are more than thirty-five (35) acres
shall remain at least thirty-five (35) acres.
J. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
K. County Road 22 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate and label on the plat the future and existing right-of-way
(along with the documents creating the existing right -of- way) and the physical location of the road.
If the existing right-of-way cannot be verified it shall be dedicated: The applicant shall also delineate
the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code
Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is
maintained by Weld County.
L. County Road 49 is designated on the Weld County Functional Classification Map (Code Ordinance
FFD22-0010
Page 2 of 7
2017-01) as an arterial road, which typically requires a minimum 140 feet. of right-of-way at full
build out. Weld County is currently in the process of widening this corridor. The alignment of the
road widening project varies along the section line for the corridor. Contact Public Works for the
location of the existing and future right-of-way and easements and delineate these on the map.
M. Show and label the access points onto CR 22. Include access type (e.g. Residential, Agriculture).
Development Review will review access locations as a part of the plat submittal.
N. Show and label a 30 -ft. minimum access and utility easement to provide legal access to for both
Lots on the plat.
O. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat
per the setback requirements of 23-3-70.E of the Weld County Code.
P. Show and label all recorded easements and rights -of -way by book and page number or reception
number and date.
Q. Show and label any conflicting boundary evidence such as fences or structures.
3. The following Weld County Plat Notes shall be placed on the plat:
1) The purpose of this Family Farm Division, FFD22-0010 is a one-time only land division to create a
separate, buildable lot to support a family farm or ranch.
2) No lot may be amended or divided except in accordance with Chapters 24 or 27 of the Weld County
Code, as amended.
3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
4) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code.
5) Weld County will not replace overlapping easements located within existing right-of-way or pay to
relocate existing utilities within the existing County right-of-way.
6) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this
plat, including owners of future lots created therefrom, regardless of lot configuration or number of
users, and without limitation of the use or intensity of the use of such easements. No lot owner may
install a gate or otherwise impede the use of such easements without the approval of all persons
with rights of use of such easements.
7) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement.
8) Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking.
9) The historical flow patterns and runoff amounts will be maintained on the site.
10) This application is proposing a well as its source of water. The applicant should be made aware
that while they may be able to obtain a well permit from the Office of the State Engineer, Division
of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e.,
domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet
all drinking water standards as defined by the Colorado Department of Public Health and
Environment. We strongly encourage the applicant to test their drinking water prior to consumption
and periodically test it over time.
FFD22-0010
Page 3 of 7
11) A Weld County On -site Wastewater Treatment System Permit is required and shall be installed
according to the Weld County On -site Wastewater Treatment System Regulations prior to issuance
of a certificate of occupancy.
12) A Flood Hazard Development Permit is required for all construction or development occurring in
the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map # 08123C -1975E dated January 20, 2016 (Box Elder Creek). Any
development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts
59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including by not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
13) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified.
14) 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.
15) Building permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, the County Facility Fee and the Drainage Impact Fee Programs.
16) 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 occupied
building or structure shall be constructed within two hundred (200) feet of any tank battery, within
one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged
or abandoned oil and gas well.
17) 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 Family Farm Division number.
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 people 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 STATEMENT: 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
FFD22-0010
Page 4 of 7
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
State and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. 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.
4. Next Steps:
Per Section 24-7-50 of the Weld County Code:
A. The Family Farm Division revised draft plat shall be submitted once an application is approved.
The applicant shall electronically submit the draft plat in PDF format to the Department of Planning
Services for Planning and Public Works review. Planning staff will send the draft plat back to the
applicant with redline comments to be incorporated in the revised plat. There may be subsequent
rounds of review.
FFD22-0010
Page 5 of 7
B. Upon approval of the draft plat and completion of the conditions of approval, the applicant shall
submit the signed and notarized approved plat to the Department of Planning Services. The
approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the
Department of Planning Services. The approved plat and additional requirements shall be recorded
within one hundred twenty (120) days from the date the administrative review was signed or from
the date of approval by the Board of County Commissioners. The applicant shall be responsible for
paying the recording fee.
5. Enforcement:
Per Section 24-7-60 of the Weld County Code:
A. If the Family Farm Division plat has not been recorded within one hundred twenty (120) days from
the date the Staff Report was administratively signed or the date of approval by the Board of County
Commissioners, or if an applicant is unable to meet any of the conditions within one hundred twenty
(120) days of approval, the Director of Planning Services may grant an extension for a period not
to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the
applicant is unwilling to meet any of the conditions of approval or the extension expires, the
application will be forwarded to the Board of County Commissioners for reconsideration. The entire
application may be considered for denial by the Board of County Commissioners. Alternatively, the
Board of County Commissioners may consider upholding, modifying or removing the contested
conditions of approval.
B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance
may result in locking of the lots and withholding Weld County permits.
C. The Board of County Commissioners shall have the power to bring an action to enjoin any
subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such
subdivided land has been approved and recorded per Section 30-28-110(4), C.R.S.
6. Plat Recording Process:
Per Section 24-7-40 and Appendix 5-J of the Weld County Code:
A. Upon completion of the conditions of approval and acceptance of the plat, the plat maybe submitted
for recording with the recording fee to the Planner. The plat shall be signed and notarized by the
property owners. If approved by the Department of Planning Services, the Planning Director shall
sign the plat. If approved by the Board of County Commissioners, the Chair of the Board shall sign
the plat.
B. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder
for recording.
C. The Family Farm Division is approved and binding the date the plat is recorded with the Weld
County Clerk and Recorder.
D. Should the plat not be recorded within the required one hundred twenty (120) days from the date
the Administrative Review was signed, a $50.00 Recording Continuance fee shall be assessed for
each additional three (3) month period that the plat has not been recorded, beyond the initial one
hundred twenty (120) days.
7. Recording New Deeds: The applicant shall create and record deeds for all the newly created lots;
deeds shall include the legal description of each lot and the reception number of the Family Farm
Division plat. New deeds are required even if lots will remain under the same ownership. Failure to do
so may create issues with the proper assessment of the lots by the Weld County Assessor's
Department and may create a clouded chain of title.
FFD22-0010
Page 6 of 7
4g1416,&„By: { I Date: May 16, 2022
nyder, Planner II
Y4
FFD22-0010
Page 7 of 7
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