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HomeMy WebLinkAbout20220677.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX19-0150 - LEGLER LAND HOLDINGS, LLC, C/O JASON LEGLER 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 January 21, 2020, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX19-0150, and WHEREAS, the Board has received a request from the current property owner, Legler Land Holdings, LLC, c/o Jason Legler, P.O. Box 505, Eaton, Colorado 80615, to vacate Lot D of Recorded Exemption, RECX19-0150, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX19-0150; being part of the NE1/4 of Section 28, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property resulting from the vacation will be left without access to a public road right-of-way. 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 Legler Land Holdings, LLC, c/o Jason Legler, for Partial Vacation of Four -Lot Recorded Exemption, RECX19-0150, for removal of Lot D, be, and hereby is, approved, subject to the following condition: 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. 4807953 Pages: 1 of 2 CC R.(Tp/nA) q ppj.,. 0 Carly Koppes,iCle Clerk a7 nd Recorrder,,OWed County , CO 3/io/22 2022-0677 VIIIAllI��I11111 RECX19-0150 PARTIAL VACATION OF RECORDED EXEMPTION, RECX19-0150 - LEGLER LAND HOLDINGS, LLC, C/O JASON LEGLER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO ATTEST: ,� tD:�,� Sco K. James, Chair Weld County Clerk to the Board APPROVED AS TO FOR Date of signature: 3/3 .2 4807933 Pages: 2 of 2 Carly oppe 1Clerk and tI Recoerder,,OWeld County , CO 2022-0677 Carly Koppes, it L41# ■NJ'r41� L' 1Ui 11I RECX1 9-0150 J�J it Ali 1� TO: FROM: SUBJECT: HEARING DATE DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Diana Aungst, Planner II Partial Vacation of Lot D of Recorded Exemption 0707-28-1 RECX19-0150 February 28, 2022 APPLICANT/OWNER: Legler Land Holdings LLC c/o Jason Legler LEGAL Lot D of Recorded Exemption RECX19-0150, being a part of the NE4 of Section DESCRIPTION: 28, T7N, R66W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 78 and west of and adjacent to County Road 31 PARCEL SIZE: +/- 146.08 acres PARCEL NUMBER: 0707-28-1-00-006 ZONE DISTRICT: A (Agricultural) NARRATIVE: On January 21, 2022, the Department of Planning Services received the attached vacation request letter signed by Mr. Jason Legler. The letter is requesting a partial vacation of the plat of Recorded Exemption RECX19-0150, recorded April 29, 2020, reception #4586654 to vacate Lot D, being the largest lot. The resulting parcel will be larger than thirty-five (35) acres. Lot A is owned by Ivan Ogan & Sons, Inc. and Lots B and C are owned by the applicant, Legler Land Holdings LLC c/o Jason Legler. Lot D has an access on CR 31 across Lot A via an easement which the applicant has stated will no longer be used as an access to Lot D. This access easement is no longer shown on the Partial Vacation plat. Lot D has an access directly from CR 31 and another access on CR 78. Lots B and C have a shared access point along CR 31 and Lot A has an access point off of CR 31. A draft vacation plat is also attached and requires minor revisions prior to recording. A metes and bounds description for the lot to be vacated has been included on the draft vacation plat. 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. 2022-0677 Page 1 of 2 RE(J 9 _ 0150 a/as Section 24-11-50 B of the Weld County Code, states, in part "Partial vacations 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 lots withing the same plat " And, "No property resulting from the vacation may be left without access to a public road right-of-way No property resulting from the vacation may continue to use any access easement across other lots within the exemption plat without the express consent of those lot owners " 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 Page 2 of 2 Esther Gesick From: Diana Aungst Sent: Friday, February 25, 2022 9 50 AM To: Esther Gesick Cc: Chloe White, Esther Gesick, Jan Warwick, Jessica Reid Subject: FW RECX19-0150 partial vacation of Lot D Attachments: Draft Vacation Plat rev pdf, Draft Vacation Plat revised pdf, BOCC MEMO Vacation of Lot B RECX19-0150 pdf Hi Esther Regarding an item on the agenda for Monday 2/28/22 Partial Vacation of Lot D of RECX1 9-0150 There was an access on the RE plat across Lot A to access Lot D (the Lot to be vacated) In the draft Resolution WHEREAS #4 item #2 states "No property resulting from the vacation will continue to use any access across any other lots within the exemption plat " I have sent an email to the applicant last week informing him of this requirement (you can see his response in the email string below) So since the access easement across Lot A will be vacated and not replaced via a separate document do you think that #3 under WHEREAS #4 needs to be modified' Seems to me that we could keep it as it reads "No easement are being included in this vacation" Which tells me that no easements are being created or removed from the vacated lot The only easement being vacated is the one on Lot A and Lot A is not being vacated I'll try to call you to talk about this later on today I did talk to Jan about this a little while ago The Draft Vacation Plat revised pdf shows the change where the access easement on Lot A is not longer depicted I have attached an updated staff memo Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N 17th Avenue - Greeley, Colorado 80631 D 970-400-3524 O 970-400-6100 Fax 970-304-6498 daungst(�)weldgov corn www weldgov corn Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure if you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Jason Legler <jason@platlands com> Sent: Tuesday, February 22, 2022 1 52 PM To: Diana Aungst <daungst@weldgov.com> Subject: Re RECX19-0150 partial vacation of Lot D 1' -Caution This erriail originated from outside of Weld County Government Do not click links or open attachments unless you recognize the ,'.sender and know the content is safe Diana, Looking at the lots more closely, I don't think we will need to use this easement anymore With that being said, here is my email stating easement will not be used and on the final plat I will remove the note that states 30'x100' non-exclusive access and utility easement, for benefit of Lots A and D, RECX1 9- 0150, dedicated by this plat Let me know what else you may need before the meeting See you Monday Thank you Regards, Jason Legler Platinum Land Company 970 978 1559 Cell Note: The information contained herein was obtained from sources deemed reliable, but is offered for informational purposes only Jason Legler, the Sellers, and their respective agents and representatives do not make any representations or warranties with respect to the accuracy of the information contained herein Prospective purchasers are urged to make their own inspection On Thu, Feb 17, 2022 at 4 43 PM Diana Aungst <daungst@weldgov com> wrote Hi Jason We don't need any additional paperwork before the hearing but I would add another Condition of Approval for a new easement to be created via separate document Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N 17th Avenue - Greeley, Colorado 80631 D 970-400-3524 O 970-400-6100 Fax 970-304-6498 daunqst _weldgov com www weldgov com Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Jason Legler <lason@platlands com> Sent: Thursday, February 17, 2022 4 20 PM To: Diana Aungst <daungst@weldgov com> Subject: Re RECX19-0150 partial vacation of Lot D Caution This email originated from outside of We senderand know the content is safe ,-- f Diana, Id County Government Do not click links or open attachments unless you recognize the Let me think about this over the weekend and I will get back to you Do we need to have the new access easement via a separate document before the meeting? Also, If I decide not to use, do you need this removed from the plat draft before the meeting, or Just stated on final before approval and recording? Thank you Regards, Jason Legler Platinum Land Company 970 978 1559 Cell Note: The information contained herein was obtained from sources deemed reliable, but is offered for informational purposes only Jason Legler, the Sellers, and their respective agents and representatives do not make any representations or warranties with respect to the accuracy of the information contained herein Prospective purchasers are urged to make their own inspection On Thu, Feb 17, 2022 at 3 10 PM Diana Aungst <daungst@weldgov com> wrote Hi Jason There is an easement on Lot A of RECX19-0150 that provides access to the Lot formerly known as Lot D The code states, "No property resulting from the vacation may continue to use any access easement across other lots within the exemption plat without the express consent of those lot owners " Please let me know if the vacated property (formerly known as Lot D) is planning to continue to use the access easement across Lot A If so we will need a new access easement via a separate document Since the plat calls out the easement as "30'x100' non-exclusive access and utility easement, for benefit of Lots A and D, RECX19- 0150, dedicated by this plat " and there is no longer a Lot D this easement essentially will no longer be a legal access to the property formerly known as Lot D If not please send me an email that states that the easement will not be used and on the final plat and remove the note that states "30'xl 00' non-exclusive access and utility easement, for benefit of Lots A and D, RECX19-0150, dedicated by this plat " from the plat Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N 17th Avenue - Greeley, Colorado 80631 D 970-400-3524 O 970-400-6100 Fax 970-304-6498 daungst(a)weldgov com www weldgov com MT LV Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure if you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Diana Aungst Sent: Monday, February 14, 2022 12 27 PM To: Jason Legler <lason@platlands com> Subject- RECX19-0150 partial vacation of Lot D Hi Jason Attached is the staff memo on this request I'll see you at 9am on 2/28/22 at 1150 "O" Street, Greeley Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N 17th Avenue - Greeley, Colorado 80631 D 970-400-3524 O 970-400-6100 Fax 970-304-6498 daungst(a)weldgov com www weldgov com IIL fcftt Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited VICINITY MAP SEc Ee nN ARM I NN. ZMD FEEL VACATION OF LOT D, RECORDED EXEMPTION NO. 0707-28-1 PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO SURVEYOR'S NOTES: I THIN SUµEV WAS PREPARED WITH THE BDOF LAA D TIRE COMMNV OMM cMEW FEE`O. FC 1M5AEI MIFO mRMERa.2OI MD WFB WT COW1rtUTE A rrERECAVrWNSs LMC UIM1EYN.O, iC TOOETEMME ERSEEROF EAIS OR RE OF REmM. flO& S, µD WMEVM LLC PEIIEOW MOcoamn*MI EXCLU6NELV FORML EABEFWIB,WOM HTS- *AY fleMAI SURREY DOES Wr PU'ORTHE SUBJECT NFµ FSIATE MADRID RETRACE LME3. ARCANENE LOVEMWTB I& ON6W RBCTSTHA5 iOIWIRGOROTNER IM . EFEWAA106: µpHµ OMERFACTSTMi SAM ME COAKWIMENT MAY D$CLWE. I KCOFOW TOC C OO 4W Vm ST C06EWLEON. AC NN LEOAC1mw MW 5 BED TRNW DEFECT Pd I M'EYMRpTHEE YEA Ig WEER YOU F1WT pSCOVER WCN OEfELT N W EVMII WY Aµ W1UM M6EO WOI .WY DEFECT N TYE 5U tYWCS EWEO MOW TI TEN VEAW FWY RIF MTEO DIE CE R1 CflOIW1 dFE . 3. 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WE AGRICULTURE A4YEB5 VACATED PARCEL GROSS 14E.DB ACRES NET 143.]2 ACRES, MORE OR LESS LOT D RECORDED aowlod NO. 0707-28-I RECJ15-01M VACATED ON BY RESOLUTION O0 OF THE BOARDOFCCIFTY-- COMM6SCNERSOFWELD COUNTY ,.1 WANTEWEOIOMOFYAY QRWPTIONDNIEWTMIAl I P&ICTNY1p WFLOCANN M]X16 WLCOrRA'♦MWDI,IM�I CAI RKCHT FYAV WMTN WI MAYYW6NYJ DEFIED I 10HT-cantsW1ETATOCtlDMmNIEWTATE gtL399 MATR il1DIN1YJr LMIM LEPGN W.tn'Hl RVEYOR'S CERTIF FX6iNL S MFCLMURE pin Amu&-roIN 4 W - ED IAQH7OFywY GRWIEO romlWMm xTEWrA•E OM GOWAµ AT L Wl alxis li plcilG1pfl al]ta 5N16MNf al pC GI/NN I WBt AI O. 1WR6 A PROFE&SCWRL LAWWMkVOR N TW STATE OFco W HEREBY CERTFV D1 THIS VACATION[PUT OF LOT D, RECORDED EMEWTOq W. THAIRECJISANWA& PMO BVlE ORLHEREORWOWLWEFVWW µD 1MT'N6 PUTDBWCUMIE REPWSEN7ATHATIEF RYEO LACE: FLµOAlEmf WFORMTGNAWBEIRJ IFURMERCERAL ATMTTIEWaEY NO D ORCOMPIV WITH ALL MRCMLERAE&ON MR 5MG Mt LAWSO THE STATE OFCOWMDO STATE BOW OF FE LD COICN FORPW OTA (RAC NTEEO W µo PMCESSOAL LNO SUWEVOW. µO WEN caNIY. 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January 21, 2022 Weld County Department of Planning Services 1555 N 17th Avenue Greeley, CO 80631 Dear Weld County Department of Planning Services, I would like to request a partial vacation of Lot D of Recorded Exemption NO 0707-28-1 RECX19-0150, located in Section 28, Township 7N, Range 66W The purpose is to split the parcel into four smaller parcels of similar size There are no existing improvements on this parcel An existing access/utility easement for the benefit of lots A and D, and 5 ROW easements are located on this parcel of land PARCEL 070728100006 LEGAL PT NE4 28-7-66 LOT D REC EXEMPT RECX19-0150 OWNER Legler Land Holdings, LLC Sincerely, pL≥ Jason Legler Legler Land Holdings, LLC Sole Member PO Box 505 Eaton, CO 80615 970-978-1559 WELD COUNTY BOARD OF COUNTY COMMISSIONERS February 28, 2022 RECX19-O15O Patial Vacation of Lot D Vicinity map HYTh H" ,. I ,kSITE ) WCR 78 WC ttT / JIJiI p. 4 1J 5 t • I I i dl _ __ _LI___W.IHt__LWGWN__-J J NI Lot D of RFflx1 a_n1 cn SITE NI a AMF Lot D is greater than 35 acres; it is approximately 146 acres. A.'flAt7iKu . IT1►rm w M 6''6W TIa m+1a Klwa�IHSN SlMK[AS E 11 p M a NI anTtm n I4r' gAIC au- 214%. pfasa'TAc[ASLA"-S- Ta]: a S!IW&. I1 II 1 A1G1 qla ' A=M TCa aWwalls It C:aaS'A1[, f • wlaAaPCf (; 1 I 1 F4CA 1 earn u - OTC. Bat:Lil_IL=_L I II I 1 I Ill 1 I I I :RC I /alwhw Mn ArTar , 1 a I 1 I. 1 1 I 1 J I 1 IV I I I I. t a I 1 , ;I a. IDY D Ii — RfCDFO®QaBPIOM 1 1 MO. BiH9t, Ra:1t1015i YACATWc i BY If%LUTOM B6 —_--- I I OF Pt B0ABp flRT _ COOMOS61 tie OF waD CtIMITY Ii I 1 1 �:AIc<a AA= 1 1 r.,. 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II I v ST a1Aa1TF DMA R 1K aNiaw r164 Alai awwr a '45ThPM M 1IIJCA rdw"R-7 •T ALL66MCA- SrAwCw-AS ii I it a a a 1 mwM r 11o.nU END OF PARTIAL VACATION FOR RECX19-015O VACATION OF LOT D, RECORDED EXEMPTION NO. 0707-28-1 RECX19-0150 PART OF THE NORTHEAST QUARTER OF SECTION 28, VICINCm MaP �n*M� TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, LEGAL DESCRIPTION PROVIDED t COUNTY OF WELD, STATE OF COLORADO P.Y, iDNMOFW¢D 9fATE0FCOlOlwpd �Ir i}'�' x ?�,��e't ttE PAW¢wWDOFFGinx AeOYE LprtAPS IunAORFb YDWORLFEBOD 6°IIYEGTIO FKEYFNISNN WdRi OFWSYOi RECORp ,TMafw LEGAL DESCRIPTION RESULTANT IRjI ,� a wPlEn!% K¢WLANOBFMAPA I -TO Er EITH TOwRfEROFSELr%Ha wm mAtEOF iW°OMGO ads P ISPRIwfOi 11NI 1{515% -- WEA OIIN1CR0�0Iw 95}�FMN _ - — w"uA«miauuuYOEYRdF➢gFOIlpR FIYWA9 ATf1ENpROWIpiLpANERpFMEIORMFKID«RRRpFGO1ECaa1 — — wwr _— OGWERCONER RNfi1LTCOWER I 1 IOrB xrovn LOWNEHITIDRM NNa TLLwbpr )lORM ]°°] 1 1 1CLLlIIREb A PE4^1019 °RixOENWFSTOF11E1iNPAl OE«wNrw14—PY Ff¢1Wp I I I FK ro0E IAOr PKO fEdAID 11 WNRWIM]VA TJ� amauRweniN_ FASTWI1H00Au9u�MtF°I1FT1°NwRE�uinFir ¢°P£�m 1ON pXEYEFOINX1r1eEPGETAIMOMEAORMIPIFOiixEFOR11FKfOWR1ER OFnOSxroVa AdNAVGEG11O31 FFEi I p<N alpFffl BpRDn WEARW11Niw �IplpILLNW I 1 I CLOEFNAxO RYECAP NAWxK L�LLSfroW pEi aWxA{ I 1 WlIA➢1F0 DPBFIpw MVEO FWVOMV¢ 1 I I GFYIERGE WAOW WNWFMPDi 1I nFAGESWIHNIPN FKifdfiWLEOFIalaefFO App�roW I I000TE oira,a LE'O_Ji }NFILEed11HY'NTi FKTANSTA�LE0FY10 iFEi THCC SOMIWSIO MSTAOISfOOEG!lulrar wrc I 0x100019 mDr•M0n µMIL A ittrI1 FFET AGMJIO�A�giRfiOiFET/JOACIDW BEWNL n ESOYMIRNArFKTAYSrnOEOF IIK°Fu R� I I I MF)PExINH Wt11f FKTAdSTNOEGNIA]iFEi MfAPEtOIIiHarIP14 EKTA0]TNOEOF900FEETTOAgNTONTTE1A%WE CURVE TABLE CNWF p¢TA G R° I I I I 1 I 1 1 I oFTHEwRnasss IM-11oisupNCTEwa EAOESMXDlvSu WERTAIna MEE%TIDIEOFTIIEIORMEKTIEN OF wDsxroN nA00TK[EOF%NIfEET MFaOENOOXYvf]T WEtIAm5rK E0F IInte fFET P]P IM I! 1 1pIlP S11l19TF CO 0 t ndC I)� tWnaE >r1! ItIY EIAYafE I I I I I VACATED PARCEL I I 1 TPpOf i0Y1NOT]i11TWFbi.10-11FtlLFFEi 1 1 1 GROSSOB ACRES rxEv IroRdNaTawFSTAdsLNCEOFItuIFEr•,iT LEGEND NET143.7REO ACRES MORE OR LESS MBLETOYM«wrAA wEsrnpdTANceoF]SDaFEFT SURVEYORS NOTES a AlNwrmpoon I 1 I I Th00000JThC015FKTAmTIRFtoFnvaENETToopowr001l:.EAET L000FIITETOPR00010UAPTEOOFISESOCTDIEE I bwQE0wKPPEPA WOTIIILOOYMw COYNNFNIFDE1a OOI001IS4 CATEOCOIOEERD MAN NONT eAf pE]O-Ed a Fal`OFrof�PxARwIM I I I — -to INTO I NYSNWEETAODTAKEOF«°SEF&Tmix°EOMf TCONER Of MEIORNEASTOwRfEROi]w01EGTNln D%V:IAw sYRrEva0.LELIDDEFE1010 FN000UWIORTI11ECFRFLONO--VNOSYRlER4lEL POLEDON ENTREE POFTC T00n Fw1UDIOR..-EYFNa OO OL100 FRYAY 6YRV¢r xd1PUNORh CORFFLLOTCIO OUTHEIOLtOwPOL003 ro COY FlE]nil O ii la:MRMm 000ROE•OEDPTON NO ID00111 REC[1Pp159 1 1 I �' VACATEOON 1 11 B1R 1 I FiS �mNxn NOrwF3TAWa1TIte I-O—NO—NlTI-I-ROF m Ap1TAAOEOF1EI0000T 001 Ff°E NM1GAVLE TO i1¢°YefLT W#LFETATE SIAIDIOSETML[VE4 IICrIVEPdVE4WR61NON60NPBTICroN3IDNI MMER uIIDVBE�IMroNE AFOANYOMERFAOIEOwitiA TIREL0NNMOIT Wilw Fygy PIMTCW 0TNONK p18u%] FTh00ONN� 1 1 S OF INEBOAIO �'� a9 CONNEiSONE10 OFWOD CONNIY 1 j MFIlE N9RM IrOSI WNIAdsiKGEOF%Fi1FEE1 1xFiOFNORIN 11115]WNTA09TA1LEw IN3100CFEET L BISEDVNPoNOA D¢FLTN—UIO--ON=ACIORErFA16AFFERVOU DEpfdK�TMRI°n]°CfYRI�ABEmYLIF�I¢N WYHIWNTFNYGR°DfFgY • A4ALpNKRTEIC SETwOtE3ECOWSR Qp 1 I R I 1 IP0000000nRE 1 I GTN�IPFpV ego MHtFWRIx IT]]L WESTAd%MIF pFEIE¢Ei MEYFNORM pPISn WEEtA p6TNOE0Fu0]]FEET E wIE�TIIELERIFGIOVGWMNXEPFLN • «Rpl'iCinE01 I I L S 1 1 WRAFK POWER 1 1 i orwA.N.i MFFDEAOROIIn9] WFETAOdiwlEOFI«IS¢ET MEFrE xomm Lsxu wFarApsrR�oiwsFFET L TIN6YRrEId VNOONLYFPW]TNKo iw13FKAlOSOMNWOF fURV¢O0. 4 rEWmONWw O GIPOwiFO 16VroN RO]ONaENFRdNp 003En I I 1 nan]Sa 0 7 1 1 1 II 1 I a v MEKExOR]H�SP WfbiAp6TNCEOF]rlliFETrOAN FONMEwENINEOF Na MENOIiME%r-1. II INOROVQKIERSORpVILNANivuNL DORBONOAWYOwpFMORAp0E E GOING PKSTWOI%YOCFYfAWRPYWWNfrotTKEETAME 111dn WHOEV IMLYOFSTIOrE OFMtx cMANOEE�S eI%PLr BdnwM —MHIOFNAY I I 1 I 1t�F �, I 1 1 R IF I 1 1 WILONG MEI ExORIX DIVIEI GETNLFOTIIEwFST1aE0FMELORMF.bTO50010 009 6FOILVIn AOOfNOEOf NY]rfFET LOTI¢xM6BF4l1p•m oILSIFC RWW OOANOTMRMCE-1iL1ON GONIEgp.RLFRGOWFR YGO xST OVAMLpIEndFNTN.EOFSURVEY ORWLFnLY _ _ M5EiFN1 I I 1 I a I 1 I O 00 00501 VNO pEGPIDEOIeOVECON1i1181YaILPES EOW ORV]S CC EIAFt.Ti0G5¢RNIENOnpxlBa ArOFRxOR! ^URDOxxNllwldESVTREEORONIPFEBUSF010 WRt MEIGEOF OEIONLW°EOFO G-11IVEMW%IYSFO]LBEFNFL U9ERn6r y oRONn501FNM0.W MWSd IIDIINd OREOMIIYSN. OFNIEROF 9y� F I OEMNIF➢T WIE4LATEOA5 I I ! p _ I 1 I ♦ SI CEMF¢Wf NIWERAxOW¢OA 5101 IINM 1 I QPi WLEPIWAl lm%v PROPERTY OWNERS CERTIFICATE P INFO fNLEYFAsu1FYB]IssMWN161PLVAWIEauu1NEv FIAr I'ml5 T�RAVElE01 � 1 a�A. W11AwG°Lr�OE��• Ar wmM Wr /1 a n I T2M9Fa6OrED eFPDiHEEnEONr2W NF¢6MEASOYEOFE{InFD PROFERn00HE➢fEIPAR04LrvAUIFMEuxp pNOON rur OFRxOlm rOx GL pF�Fr� i i 11 ro IEWO`a7tOKKNBLATIEDTPAGf OFLKO LINETTABLE r»smilwF,w0YGMNnn Aii N IS050 00EIIFWTAre CO 1010 00105 lE SIpONE Aa.p M ODIP aw;1 Cd1MVYAi n i n-^� G loop00WAY OIWIIFO 11 1 ]jiliv°Cvle ia�_4 IOCdOMmMEWTATE I HIIPPOEU0 VFAW''ER Rune ET00OFLROPAOP CONNYwW¢D M1EpTW I Yt 0EOeExWwFfxOwY NA N Is%i= , I 11 I I II I 1 I II 1 I wGdIL�SONFar— r I I II I olRA19°t° r I II I � alar WTARf R]eNG wNNESSw M1OANOEFAL IpLGH meFFET A �� i ii i Stlssm•w a«N BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL LwINERcdIWER00000500 sFinpun TON.Lwwrxpmx srova rowvsnrrlcRM MIYEYwExroiMESTxraE PANCEYwEsroFnFlMPx ioLPmnPtEuxwnxa �w�AGmRATe;uPFlr]L4onrHEROAwairamrmwwoNEW srArfc LoIORApn BASIS OF BEARING TIi1ORMLWE0il1EN)I19—OwRTERGExroNa rowN510T PANOEItWFdrwn£IMPN.n WIMOn �wpw11X] W yr AwxAs rouNTtD°uv0esiNw 00 --'urfpaaNimlolnpm SURVEYOR SCERTiFlCATE ICApwroxYFNr®, IROBFRfO T1p1W APIbFFd6%ML WO EYRVEYORNTI¢ifATEOFCdOM00.M FE'SwILAxDAAOnIEa woMTEEFaoFwELO cdNlrTlm_DAr CF ap RG R l Y F 15 ALsu1FNro aGRNO111X1rDRFAST BETOAGRO NO o"N"C1flE TE PLWEGOOIONAIESrbIF% RINIINE NlR1XAYEIGNw1W t%aTyF roWNlNEu1FOKNOGTEO ANOR EWEYGEMFYi1Ni TIa VAGTPW MTOPIOTo NFIOWED¢OFPEONFII OO RF^•Ibf5—PREPAIVOBYYEORYOERNNP¢OO GWEI—ONAw INFOI 1N-11 IOC1 WPREfEMATpITxE 1 NEx IRorIwOONFIS IYAroNAIA BILEf IIOfLIHFRCFIEMMATMESOMEYANOnn RATCOYPV LNWFIIOIALLA 1111' WI N —P ANONWE—ANEGL 10 STATEewWOi RE06iMlI0N WRr1OFLREOxALEr *I*Ax0 PPilfFSSONALUNp °WW560RG DIi�CWIIr NLO WTAOWMNIFLOR WAIYNNt'F IIMER 76eFGf61-idTi� 3ETF: PORKpwI eFNAIrrFilOY13 Wa�dIORVEYPA IEL ATIFSI WFIDCWwVNERf i011�6wR1 e. LEJOflCRIW707�.1I� �� w"N4bi !!�1 — roL°°i°N IEMILMO lu �k4Nah1dW1#RNuTdNVxMINY6�u@d poi VICINITY MAP 6KAT &FaW ..An �IfET u RECORDED EXEMPTION NO. 0707-28-1 RECX19-0150 PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO NOTES r iaa:o!imcrwW w1°`namWmwu,�°nunn YWPuYvrt'�ro`rr�mwg'°'°rnui�r urxw'wraxuncau�m'� wxrauou.malwu W uEAaafomml rarulmaDKrtawlrmlz M WmmMD01, 31WIO5WEKDFAMEDNmImnFnro FODOmwGFb1AROKmNVlAfl xlu PxDR MFW MnO1Ml W 11d W CQE d W 16E C WSNLCIFD W neR A 161 W t RMK W KYTNatwr �oRWnlenArvla6PimueW AMNLWADmI WrbxA1lfoli RAm9W mw0.UOWnm1 °KRF�LUPE1Y1fAVAM�YMEfR'�DYME1f1Wf Or M5m��FA V�iACWRflYK�w H6Ml�FL°OfDON SW1616C�rM3CwE 11w}AwT! 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T£COAINT� DIM1vSI0xREPFE1xI0E51EW1!OAEx°HOE DY�MxFA�a wuto caYnAwlaunulrolwnfAmnurwomlEcoYWNfRr 1� I�DFC01FG°°ECLgM!Q'°°I uMYwl°E�wrITNEF�EWM!°Fll'rdl r�DFfFm!R NM!�! mi Inut�TItlYA°wR1FIl y!F�!f�Rptll raatE W TlEmmmuilwanDvxlDRFax 1 rxlmWhlbvNIDmarYfle=mmxA«5sAxO,rWAtwE W YmcYm . Alrtrf�c TwooawnTRE �u ���eAxr �c muw!Awa!t0M1°RwornimIEKOvnwsYA+romArzarA E w�.1°sR aWAAmsmbwEa. wIIREF�Rvm°�EAroei w°a'°AxrmE�¢u�w,unue¢m° Ov°'REERwur�iR' vwunwv'Enxxnaeume Y�wlaerwEJ°`D EuI"`mFniums w�iE wlaaxEnx6YWETxKamuaxrHa oxe6nuuac II ramB-CEYFKmffY011a6xw¢xnE1FmlAREYa 6m1VEVr06 LEGAL DESCRIPTION D1iF➢0Cr�OB� T1°E�mwuHtEE fpYP4w COYYINEM f °E Sn tt]SrHM3+ 61N FImx1IY.fai DIURRIFB W affxOx SaTowbnPTnDIna PIMA:6 WIDIm AIR OY%Pi air�vmcam;'cawwa�vra�siikawc �mKwens iin�minr�nroarw�'unE°fxr¢A�°ia�eW��°rnumm s Ya¢aR,EsAm PROPERTY OWNER S CERTIFICATE Pm6�{E�� ��exxDFAlImIFn 90rnilE6m£OwaAlW 1FE W1xFPam.EOFimeBFD RWERtt Bcs6ndm¢mErauIIEKNaw mITMEARKIG➢WP I(ffij IWDENr�1105 PRDfEAIY le IDGTFL Ix rxEAGmCurYRLLElEOSf10C! KD I! Al60wrFw0FDi IgDNDEMGfroRilRwYmYCTWOr1¢RYY]BIWtM YYSfi w61ECwnesrzW wYirlAmAnYEYeEW alAlf W OYOMDD1� wWIYW WArO ) efarwunoxwKAmvm.Yfuwemaro:YeTwe ar uYrtmuPEEsvI'�imYYEv�Run W vaEA utcol,esvd D RALNCCLOSKEV PUBEIC .�........_.. SWTEOPEOLOOAOO EASEMENT CERTIFICATE a�R1lE�a(r�c�uuarnnama�n waif oarf rspAuoRnlea!°mac.loo eLGsuIEx. •••rte"-uE�ImlovvraEn}'.E'py" NY1Fn0A9ufYroYAAxI DEPARTMENT OF PLANNING SERVICES ACCEPTANCE a, A6 WEB AOAmYFIDFD YfWE YE INS aY Y,wwbawfw,�,r; h I , wraaSTIWmmmeuL i' S A.,G4ZtL A �r¢RTYT'R�irMTT6PE°f�A�➢W�Y YN IRPPFI�.NF°rtAmuEmlr �Y6FAN6A( IwI Ml Mt16KACmPA1FPFFPE9xiATKNn2RE0f u.WIEr N9MIlDm�ITAFD�4E0.pF� �EplAD01�1Gn�IE RmE DESE�RDIfATIm4 0'1 Mm AimfExRFt �YOLRGrm GW� �WA°S N61 W°�LDCMmpY�mMiEAWYAM\tFF mROxf paWxlED '�IIE L� t✓ F SRmE6YCW1W9YMVftOR0.1515 &IY1F W llmuAO WmlORVEnM YL y`a.DD FIOI,sa A� 1�rxD�d na &L�R1PUdP11�s114LNR06hM ukLUu n m RECORDED EXEMPTION NO. 0707- 28-1 RECX19-0150 PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO Ras a m a a R0ITa r n Y RETn �C uxrvliridoii 901j L xmmlgilRlEi�IIDR O! � � 1 I %�<L. IDrn SEC�Tv1�iM��oP 6FCIIMl6YF]i¢rIIME SPY b 1 I I ,1�ttet�e OBF 4 � °1 iTlACnEl pn059 RARDE®YvfR e�i DPil¢ieMVln`i, • 111 EORL3S ocMw wR11M eussrw�OE`°IDKI EGRdItryRE KT�FFd1� 1 ; I RFM.FD 1REOR lF!! rFp ¢TIx]0wPAvFY N�ID 00SeElONGP.1v6 j�Py I � C�OHYC.RE°`Er°EID xAWYE AS!°n �' i RwDRN0MNEM005 I mcn enEbceK I I I n Nig rb /jp°�pEquEM BpxO I I I nlEcwuax PRJ%RIY°-laE f m eFl¢f R I 1 I xi iTI ACREl ORO!! OPbuiEDe�EM1AIPClm i I i C I MORtoalm i i ' I CURVE TABLE i i amD M n G� 3451 Iw<e 'nlf InR _ 1 1 i LINE TABLE I 1 I uxE ix LEGEND J 1 I Y� Rlw IitY . ra¢YIq REEM WM 1 I W tIAi�R�i1sY II I • 6Er3w 1 ly,p 1 1 I 3 °m u ra w GROWIWIACRE9 1 1 ='X qRy 1 RETrCET1ACRE9 p Ivor mrPEi tEi reKaibum m YOREORUSS r 1 S1AwF Puln �r�l �SII � 1 1 I ]rMREEK u S, r 1 wM6 AnMMW I ��� • �rc�ew cassnEDj �- 4 I i 1 1 Rap --NN. q O WGEMf DmI II ii Lbb]er iV1Tl Ix¢u ¢D1. e01P�nART I I 1 1 nvgr]r/E.1 I g —fiartdTinAT I 1 1 1 � '�F CEMFRld4 1 WHip]IDfRsIAIECKT I E I 4Ai8 _ _ wiRA�unl 3 �TnTE�-wsPp1ilEmuKF1Doaa :::. Inl--xl IDImeS01r!YA�D] TORDi C RME9 BASIS OF REARING ixEwEerIM�DPrIE10111NFHrquAreAOEEEcnDVA 1 I ii ia'w MPIM]EbwElr DTraeMPY A I I 1 KaumToewx �m r:TKi aFnaAcmD 1 n I w�"".¢IEm'°'�Ebu�nrtur°xrwnnineE�iumrs°'°'� i 1 n I ¢I'IDR6ID �\ 1 I I IDI. �QI II 1 YV tDie 6eeS¢Tw AYH I ODARTRRCmYA E—DDKIEA WRRER HC .—OFEwP11I¢RIN ImNY ipNI5MPlIggM 11 AyrWIT TawElTtf TEnMPu RAVDEee WEerpraeMP1 T lmleuxvwnx]ur Parmlevmnwrx]Im p u i°N eieEiwv�°raa v �U �rve ��� WW bn T(4 Utb" �IIME°�IREE]Rn`II6IRIEN immcmaum vma IpEPN]uE lnq]ama PADF1pf1 PnDEci ml al DnAwvID IECIEnnculnau] 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 E-mail messages sent to an individual Commissioner may not be included in the case file To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DATE • February 28, 2022 TIME: 9 00 a m APPLICANT, Legler Land Holdings, LLC c/o Jason Legler P O Box 505 Eaton, CO 80615 REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX19-0150, for Removal of Lot D LEGAL DESCRIPTION- Lot D of Recorded Exemption, RECX19-0150, being part of the NE1/4 of Section 28, Township 7 North, Range 66 West of the 6th P M , Weld County, Colorado LOCATION: South of and adjacent to County Road 78, west of and adjacent to County Road 31 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: February 16, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX19-0150 Owner Address City State Zip IVAN OGAN AND SONS, INC 37546 COUNTY ROAD 31 EATON CO 80615-8519 LEGLER LAND HOLDINGS, LLC PO BOX 505 EATON CO 80615-0505 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, RECX19-0150, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 16th day of February, 2022. Oat a), ct Janet M. Warwick t' Complete items 1, 24$3. A. Sign atur / - JjfitJL• ■ Print ' o r name arid(° 'dress on the reverse ( ❑ Agent .. So Y X to so that we can retut he card to you. ❑ Addressee m B. Received by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ut g ^r e 1 or on the front if space permits. v( 2 23 22 r� Certified Mail Fee 1 1. Article Addressed to: D. Is delivery address Brent from item 1? ❑ Yes $ Z I / /1 „ f d ` S If YES, enter delivery address below: ❑ No Extra Services & Fees (check box, add fee as appropriate) l�W ❑ Return Receipt (eardcon) $ 5 ❑ Return Receipt (electronic) $ D ❑ Certified Mail Restricted Delivery $ ///��� Q I c3 ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ O Postage ' / r� 5 5 ul v Total Postage and Fees 3. Service Type ❑ Priority Mai Express® r—i ❑ Adult Signature O Registered MailTM $ I I ILL III I II I II III liii III III ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted Sent To `, .0 Certified Mail® Delivery O 9590 9402 4722 8344 8351 43 ❑ Certified Mail Restricted Delivery O Return Receipt for 0 Collect on Delivery -------------Merchandise Stree P P( 2. Article Number Nber (Transfer from servira t.holi n rn°^ ^" Delivery Restricted Delivery 0 Signature Confirmation*'" 7 017 14 5 0 0 0 0 0 9 6 7 5 3580 ail ❑Signature Confirmation it Restricted Delivery Restricted Delivery over PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Retirn Receipt - --z. _ -- D, m ci C3 Lfl :xlra bervices & i-ees (check box, add ❑ Return Receipt (hardcopy) $ . ❑ Return Receipt (electronic) $ . []Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ - ❑Adult Signature Restricted Delivery $ appropriate) P- Seri v`n 0r%5 --�---�---4-�- ------- c;ry, a P�T.YL Co SDV1 • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Evan Car\ an ct 5'15 0Z31 ta C -c wL I5 - 4519 IIIIIIII IIIU IIII' III II I IIII 9590 9402 4722 8344 8351 36 2. Article Number (Transfer from service label) 7017 1450 0000 9675 A. Signature K4 gent ❑ Addre B. Received by (Printed Name) C. Dye of ye11v7e D. Is delivery address different from item 1? Y s If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature O Registered MailTM ❑ Adult Signature Restricted Delivery O Registered Mail Restricted ertified Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery D Signature Confirmation fl Insured Mail ❑ Signature Confirmation 3 5 9? tail Restricted Delivery Restricted Celivery rn PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS 2/14/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:23:46 AM SURFACE ESTATE 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. (iazrfln i,y ► c1 Ziq. j Signature zz Date Property Owners Within 500 Feet of Parcel # 070728100006 Account Parcel Owner Mailing Address R0841586 070728000020 THORNTON CITY OF 9500 CIVIC CENTER DR THORNTON, CO 802294326 R8965803 070728100003 IVAN OGAN & SONS INC 37546 COUNTY ROAD 31 Loo -P EATON, CO 806158519 R8965804 070728100004 LEGLER LAND HOLDINGS LLC I I 4' PO BOX 505 EATON, CO 806150505 R8965805 070728100005 ______________________________ LEGLER LAND HOLDINGS LLC l' PO BOX 505 W EATON, CO 806150505 R8965806 070728100006 LEGLER LAND HOLDINGS LLC �� � PO BOX 505 EATON, CO 806150505 Parcels: 13 Owner Records: 14 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS 2/14/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:23:46 AM SURFACE ESTATE 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. Z 1 ' �z Signature Date Property Owners Within 500 Feet of Parcel # 070728100006 Account Parcel Owner Mailing Address R0835586 070721000040 THORNTON CITY OF 9500 CIVIC CENTER DR THORNTON, CO 802294326 R0835886 070721000047 THORNTON CITY OF 9500 CIVIC CENTER DR THORNTON, CO 802294326 R6764486 070721000060 THORNTON CITY OF 9500 CIVIC CENTER DR THORNTON, CO 802294326 R6764386 070721000061 OGAN IVAN & SONS INC 37546 COUNTY ROAD 31 EATON, CO 806158519 R0840986 070727000025 OGAN IVAN & SONS INC 37546 COUNTY ROAD 31 EATON, CO 806158519 M0153389 070727000025 STRATTON TERRI L 37542 COUNTY ROAD 31 EATON, CO 806158519 R8956416 070727300041 YETTER TERRI R8956416 070727300041 YETTER DAVID D 20226 COUNTY ROAD 80 AULT, CO 806109657 R0841386 070728000001 THORNTON CITY OF 9500 CIVIC CENTER DR THORNTON, CO 802294326 Parcels: 13 Owner Records: 14 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS 2/14/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:23:46 AM SURFACE ESTATE 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. (j3l2TEkk alLihtaiick. Signature Date Property Owners Within 500 Feet of Parcel # 070728100006 Parcels: 13 Owner Records: 14 Page 3 of 3 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: I/ I. ) / 2OZ'Z PLANNER ASS PLAT INFORMATION Title of plat to be vacated: RECORDED EXEMPTION NO. 0707-28-1 RECX19-0150 S 28 T7N R66W ❑ Complete Vacation (must include all lots) [D Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number Acreaae Affected Easements D 070728100006 146.08 ACCESS & UTILITY EASEMENT LOTS A & D RECX19-0150 RIGHT OF WAY REC #1209852, #1752987, #2916416, #2917128,2919085 PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: LEGLER LAND HOLDINGS, LLC (JASON LEGLER SOLE MEMBER) Company: Phone #: 970-978-1559 Street Address: P.O. BOX 505 City/State/Zip Code: EATON, CO. 80615 Email: jason@platlands.com APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: SAME AS A B° E Company: Phone #: Street Address: City/State/Zip Code: Email: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or subdivision exemption. 01/21122 SignEt e: Owner or Autho ed Agent Date JASON LEGLER Print: Owner or Authorized Agent Signature: Owner or Authorized Agent Date Print: Owner or Authorized Agent 7/20/2021 4537098 10/31/20190451 PM Total Pages 1 Rec Fee $13 00 Carly Koppes - Clerk and Recorder, Weld County, CO WHEN RECORDED LEGLER LAND HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY RETURN TO P0 BOX 505 Eaton, CO 80615 I.a i Title 1i1,MC1 (pPax STATEMENT OF AUTHORITY (§38-30-172, C R S) 1 This Statement of Authority relates to an entity' named LEGLER LAND HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY The type of entity is a ❑ Corporation ❑ Nonprofit Corporation 0 Limited Liability Company ❑ General Partnership ❑ Limited Partnership ❑ Registered Limited Liability Partnership ❑ Registered Limited Liability Limited Partnership ❑ Limited Partnership Association ❑ Government or Governmental Subdivision or Agency ❑ Trust 3 The entity is formed under the laws of Colorado 4 The mailing address for the entity is P 0 BOX 505, Eaton, CO 80615 5 The 59 name ❑X position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is JASON LEGLER AS OWNER/MEMBER 6 The authority of the foregoing person(s) to bind the entity ❑X is2 not limited ❑ is limited as follows 7 Other matters concerning the manner in which the entity deals with interests in real property 8 This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30 172, C R S 9 This Statement of Authority amends and supersedes In all respects any and all prior dated Statements of Authority executed on behalf of the entity Executed this day of October 31st, 2019 LEGLER LAND HOLDINGS, LJ.C, A COLORADO By LIMITED LI/)iB COMP J4 ON LEGLER AS OWNER/MEMBER State of Colorado )ss County of WELD NOTARY PUBLIC STATE E OF COLORADO NO1ARYID 19924008574 My Commission Expires July 18 2020 The foregoing instrument was acknowledged before me on this day of October 31st, 2019 by JASON LEGLER AS OWNER/MEMBER OF LEGLER LAND HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY Witness my hand and official seal My Commission expires � O z Q� Not ry Public 'This form should not be used unless the entity is capable of holding bile to real property 2The absence of any limitation shall be puma facie evidence that no such limitation exists 3The statement of authority must be recorded to obtain the benefits of the statute Form 884 closing/recordings/soa html 25168545 101111111111111111111111111 (24161975) OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF DOCUMENT FILED I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, the attached document is a true and complete copy of the Articles of Organization with Document # 20161671431 of Legler Land Holdings LLC Colorado Limited Liability Company (EntityID # 20161671431 ) consisting of 3 pages. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 01/19/2022 that have been posted, and by documents delivered to this office electronically through 01/20/2022@ 16:01:27. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 01/20/2022 @ 16:01:27 in accordance with applicable law. This certificate is assigned Confirmation Number 13732452 Secretary of State of the State of Colorado *«***«««««««***«««*««««««*«««««*+««««+*««*«*+End of Certificate«*«****+**«*««*+«*++***********«««+«**«*«** Notice: A cent/cote issued elecnonicallyJrom the Colorado .Secretary of State's Web sire is Ij�Jjyjy4 itnmediatefj' v!and e(Teetive. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, /zttp.//www.so.s.srate.co. us/hiz/Cer4flcatcSean.iiCriteria.do entering the certificate's confirmation number displayed an the certificate, and following the instructions displayed. Confirming the issuance tf a certificate is merely optional and is nut necessary to the valid and effective issuance of a certihcwte. For more information, visit our Web site, hup://wwwso. stute.co.us/ click "Businesses, trademarks, trade names "and select "Frequently Asked Questions" Document must be filed electronically Paper documents are not accepted Fees & forms are subject to change For more information or to punt copies of filed documents, visit www sos state co us Colorado Secretary of State Date and Time 10/02/2016 02 40 PM ID Number 20161671431 Document number 20161671431 Amount Paid $50 00 ABOVE SPACE rOR 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 Legler Land Holdings 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 "I l c , 'llc', or "lid' See §7-90-601, CRS) (Caution The use of certain te? ms or abbreviations are rest? icled by law Read instructions for more information) 2 The principal office address of the limited liability company's imtial principal office is Street address 45532 CR 29 (Street number and name) Nunn CO 80648 (City) (State) (TIP/Postal Code) United States (Pmovince—nfapplicable) - (Country) Mailing address PO Box 505 (leave blank if same as street address) (Street number and name or Post Office Box Information) Eaton (City) (Province— of applicable) CO 80615 (State) (ZIP/Postal Code) United States (Country) - 3 The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) Legler Jason _ (Last) (Fust) (Middle) (Suffix) or (if an entity) (Caution Do not provide both an individual and an entity name) Street address 45532 CR 29 (Street number and name) Nunn _ Co 80648 (City) (State) (TIP Code) Mailing address PO Box 505 (leave blank if same as street address) (Street number and name or Post Office Box information) ARTORG LLC Page 1 of 3 Rev 12/01/2012 Eaton (City) CO 80615 (Stale) (ZIP Code) e following statement is adopted by marking the box.) ✓ The person appointed as registered agent has consented to being so appointed 4 The true name and mailing address of the person forming the limited liability company are Name (if an individual) Legler Jason (Las((First) - (Middle) (Suffix) oI (if an entity) (Caution Do not provide both an individual and an entity name) Mailing address PO Box 505 (Street number and name or Post Office Box information) Eaton CO 80615 (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 hmited liability company is vested in (Mark the applicable box) ❑ one or more managers or ❑✓ the members 6 (Die following statement is adopted by marking the box) ✓0 There is at least one member of the limited hability company 7 (If thefollowing 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, tune of this document is/are (mm/dd/yyyy hour minute am/pm) 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 RS , 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 ARTORG LLC Page 2 of 3 Rev 12/01/2012 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 Legler Jason (Last) (First) (Middle) (Sufi) PO Box 505 (Street number and name or Post Office Box information) Eaton CO 80615 (City) (State) (ZIP/Postal Code) United States (Province — iapplicable) (Country) (If thefollowing statement applies, adopt the statement by marking the box and include an attachment) 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 minunum 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 12/01/2012 Diana Aungst From: Jason Legler <jason@platlands.com> Sent: Friday, January 21, 2022 3:46 PM To: Diana Aungst Subject: Re: 35 Acre Layout for Vacate of Lot D Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Diana, I hope all has been well! #1. Per the separate deed, why do I need this separate deed? The application just asks for a deed or legal instrument identifying applicants interest in the property, which the current deed shows this? #2. All accesses are depicted on the draft which is also the same as the milar we recorded for the 4 lot RE. Nothing is going to change. #3. Nothing will change with any of the ROW easements or access easements #4. I sent your comments to Bob Thomas, my surveyor. Once I receive the changes, I will forward along for your review. Let me know if this will suffice? Thank you and have a great weekend. Regards, Jason Legler Platinum Land Company 970.978.1559 Cell Note: The information contained herein was obtained from sources deemed reliable, but is offered for informational purposes only. Jason Legler, the Sellers, and their respective agents and representatives do not make any representations or warranties with respect to the accuracy of the information contained herein. Prospective purchasers are urged to make their own inspection. On Fri, Jan 21, 2022 at 2:58 PM Diana Aungst <daungst@weldgov.com>wrote: Good afternoon Jason: I received your application for a partial vacation of RECX19-0150. Please provide the following: 1. A deed that is only for Lot D of RECX19-0150. The deed provided is for all 4 parcels. 7 2. A description of where the accesses are and if they will be changed. 3. Will you be changing or vacating any of the ROW easements or access easements? If so please provide the details. If not please let me know. 4. I also had some comments on the Partial Vacation Plat. Once I have the updated information I will contact the Clerk to the Board and get some hearing dates for us to consider. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst(cdweldgov. com www weldgov. corn Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jason Legler <iason@pIatlands.com> Sent: Friday, January 21, 2022 1:50 PM To: Diana Aungst <daungst@weIdgov.com> Subject: Fwd: 35 Acre Layout for Vacate of Lot D Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. For lot D of Recorded Exemption NO. 0707-28-1 RECX19--0150. Thank you Regards, Jason Legler Platinum Land Company 970.978.1559 Cell Note: The information contained herein was obtained from sources deemed reliable, but is offered for informational purposes only. Jason Legler, the Sellers, and their respective agents and representatives do not make any representations or warranties with respect to the accuracy of the information contained herein. Prospective purchasers are urged to make their own inspection. On Thu, Jan 20, 2022 at 11:10 AM <bob@thomasis.com>wrote: Hi Jason Attached is the Vacation Plat for Lot D RECX19-0150. Just email it to the Planner you are working with for them to review. Let me know if you have any questions. Thanks Robert Thomas, PLS Thomas Land Surveying, LLC 2619 West 11`h Street Road, Suite 24 Greeley, CO 80634 (970)222-3311 Jason Legler Platinum Land Company 970.978.1559 Cell Note: The information contained herein was obtained from sources deemed reliable, but is offered for informational purposes only. Jason Legler, the Sellers, and their respective agents and representatives do not make any representations or warranties with respect to the accuracy of the information contained herein. Prospective purchasers are urged to make their own inspection. El Diana Aungst From: Melissa King Sent: Monday, January 24, 2022 2:07 PM To: Diana Aungst; Dawn Anderson; Mike McRoberts Cc: Tiffnee Lamb; Jennifer Fuller Subject: RE: 35 Acre Layout for Vacate of Lot D Diana Lot D accesses onto CR 31 across Lot A via an easement created by the plat during the RECX in 2019. This access was never permitted. AP20-00273 was issued to allow Lot D to directly access CR 31. Also, Lot D has its own accesses onto CR 78 to the north. Permit AP21-00615 (The permit references Lot A of RE -1438 (an earlier RE)). I find no problems with the access, if Lot D is vacated from RECX19-0150. Melissa I V ato VI t1 .., win, PLS 38353 S 8803'2r F 1-1 Co �i..o. •%/ r • C3Q 1v430" 1 ry 255.72' I S 87'03'1 s E 289. to SET 24" #4 REBAR WITH Z' ALUMINUM Melissa J King, PE Development Review Engineer Department of Planning Services Weld County 1555 North 17th Avenue Greeley, CO 80631 (970) 400-3762 Pt 1 II CD II 1 • T• 30'X100' NON-EXCLUSIVE ACCESS AND UTILITY EASEMENT, FOR BENEFIT OF LOTS A AND D, RECX18-0150, DEDICATED BY THIS PLAT I, 30.01' LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES 1 From: Diana Aungst <daungst@weldgov.com> Sent: Monday, January 24, 2022 1:29 PM To: Dawn Anderson <dranderson@weldgov.com>; Melissa King <mking@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com> Subject: FW: 35 Acre Layout for Vacate of Lot D Hi AII: I sent you this to review late last wee. It is a partial vacation for Lot D of RECX19-0150. Below are the comments from the applicant concerning access and easements. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daunpst(a)weldaov. corn www weldgov. corn f to Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jason Legler <jason@platlands.com> Sent: Friday, January 21, 2022 3:46 PM To: Diana Aungst <daungst@weldgov.com> Subject: Re: 35 Acre Layout for Vacate of Lot D Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Diana, I hope all has been well! #1. Per the separate deed, why do I need this separate deed? The application just asks for a deed or legal instrument identifying applicants interest in the property, which the current deed shows this? #2. All accesses are depicted on the draft which is also the same as the milar we recorded for the 4 lot RE. Nothing is going to change. #3. Nothing will change with any of the ROW easements or access easements #4. I sent your comments to Bob Thomas, my surveyor. Once I receive the changes, I will forward along for your review. 2 Let me know if this will suffice? Thank you and have a great weekend. Regards, Jason Legler Platinum Land Company 970.978.1559 Cell Note: The information contained herein was obtained from sources deemed reliable, but is offered for informational purposes only. Jason Legler, the Sellers, and their respective agents and representatives do not make any representations or warranties with respect to the accuracy of the information contained herein. Prospective purchasers are urged to make their own inspection. On Fri, Jan 21, 2022 at 2:58 PM Diana Aungst <daungst@weldgov.com>wrote: Good afternoon Jason: I received your application for a partial vacation of RECX19-0150. Please provide the following: 1. A deed that is only for Lot D of RECX19-0150. The deed provided is for all 4 parcels. 2. A description of where the accesses are and if they will be changed. 3. Will you be changing or vacating any of the ROW easements or access easements? If so please provide the details. If not please let me know. 4. I also had some comments on the Partial Vacation Plat. Once I have the updated information I will contact the Clerk to the Board and get some hearing dates for us to consider. Thanks, Diana A ungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 3 O: 970-400-6100 Fax:970-304-6498 daungst cDweldoov. com www. weldaov. corn f V/ Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jason Legler <iason@platlands.com> Sent: Friday, January 21, 2022 1:50 PM To: Diana Aungst <daungst@weldgov.com> Subject: Fwd: 35 Acre Layout for Vacate of Lot D Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. For lot D of Recorded Exemption NO. 0707-28-1 RECX19--0150. Thank you Regards, Jason Legler Platinum Land Company 970.978.1559 Cell Note: The information contained herein was obtained from sources deemed reliable, but is offered for informational purposes only. Jason Legler, the Sellers, and their respective agents and representatives do not make any representations or warranties with respect to the accuracy of the information contained herein. Prospective purchasers are urged to make their own inspection. Gi On Thu, Jan 20, 2022 at 11:10 AM <bob@thomasls.com>wrote: Hi Jason Attached is the Vacation Plat for Lot D RECX19-0150. Just email it to the Planner you are working with for them to review. Let me know if you have any questions. Thanks Bob Robert Thomas, PLS Thomas Land Surveying, LLC 2619 West 11th Street Road, Suite 24 Greeley, CO 80634 (970)222-3311 Jason Legler Platinum Land Company 970.978.1559 Cell Note: The information contained herein was obtained from sources deemed reliable, but is offered for informational purposes only. Jason Legler, the Sellers, and their respective agents and representatives do not make any representations or warranties with respect to the accuracy of the information contained herein. Prospective purchasers are urged to make their own inspection. Wi CDDEPARTMENT OF PLANNING SERVICES 0� RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Legler Land Holdings LLC RECX19-0150 Planner: Diana Aungst c/o Jason Legler Legal Description: Being a part of the NE4 of Section 28, T7N, R66W of the 6'h P.M., Weld County, CO Parcel ID #: 0707-28-0-00-026 Lot A Size: +1- 2.5 acres Lot B Size: +1- 3.5 acres Lot C Size: +1- 3.5 acres Lot D Size: +1- 144.5 acres Lot A: NWCWD tap #797 Lot A: Septic Permit #SE -1900022 Water Source: Lot B: Proposed NWCWD tap Sewer System: Lot B: Proposed Septic Lot C: Proposed NWCWD tap Lot C: Proposed Septic Lot D: Proposed NWCWD tap Lot D: Proposed Septic Yes No X X X X X X Criteria Checklist 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. 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. If residences or structures requiring water and sewer are constructed or used for proposed Lots A, B, C and D, Weld County OWTS Permits are required for septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. 2. Prior to recording the plat: A. The applicant shall submit to the Department of Planning Services unrecorded deeds that describe the new recorded exemption lots and associated recording fees. The deeds will be recorded in conjunction with the Recorded Exemption plat. RECX19-0150 Page 1 of 6 B The applicant shall address the concerns of the Public Works Referral, dated January 2, 2020, relating to the proposed Lot A, B, C, and D access location(s) C The applicant shall satisfy the concerns of Weld County School District RE -2, as stated in the referral response dated December 2, 2019, per Section 24-8-40 K 1 of the Weld County Code Evidence of such shall be submitted in writing to the Weld County Department of Planning Services D Lots A, B, and C shall comply with the one (1) acre net minimum lot size required by Section 24-8-40 L of the Weld County Code Net acreage calculations should not include future road right-of-way E Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10 B of the Weld County Code Net acreage calculations should not include future road right-of-way F Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20 C 3 of the Weld County Code Net acreage calculations should not include future road right-of-way 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 Items to be included on the plat A The plat shall be titled Recorded Exemption No 0707-28-1 RECX19-0150 B A 30 foot wide joint access and utility easement extending across Lots B and C from County Road 31, for the benefit of Lots B and C, 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 A 30 foot wide joint access and utility easement extending across Lots A and D from County Road 31, for the benefit of Lots A and D, shall be shown clearly on the plat The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F 2 The easement shall be graded and drained to provide all weather access D County Road 31 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 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 E County Road 78 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 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 RECX1 9-0150 Page 2 of 6 Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas) Public Works will review access locations as a part of the plat submittal F 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 G All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number 4 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 2018 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10 C of this Code 2) Any future structures or uses on site must obtain the appropriate zoning and building permits 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20 C 3 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) 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 6) 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 7) 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 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking 9) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat 10) 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 RECX1 9-0150 Page 3 of 6 11) The historical flow patterns and runoff amounts will be maintained on the site 12) 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 13) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots B, C, and D have an adequate water supply of sufficient quality, quantity and dependability 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, County Facility Fee, and Drainage Impact Fee Programs 16) Potential Purchasers are hereby notified that a confined animal feeding operation is permitted by USR-747 and is located directly west of the proposed Recorded Exemption Specifically, north and adjacent to County Road 78 and west of and adjacent to County Road 31 Off -site impacts that may be encountered include noise from trucks, tractors and equipment, dust from animal pens and odors from animal confinement, silage, and manure 17) 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 18) 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 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 RECX1 9-0150 Page 4 of 6 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 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed The applicant shall be responsible for paying the recording fee 6 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 RECX19-0150 Page 5 of 6 7. 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. 8. 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 of the recorded exemption. 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. By:IrCAJ()3(x' urodQ Date: January 21, 2020 Planner RECX1 9-0150 Page 6of6 Hello