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
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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
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END OF PARTIAL VACATION FOR RECX19-015O
VACATION OF LOT D, RECORDED EXEMPTION NO. 0707-28-1 RECX19-0150
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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
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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
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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
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
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