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Home My WebLink About20223082.tiffdatt MEMORANDUM TO: FROM: DATE: RE: BOARD OF COUNTY COMMISSIONERS COUNTY COMMISSIONERS JIM FLESHER, LONG-RANGE PLANNER DECEMBER 12, 2022 ORD2022-09, CONSENT EXEMPTION VACATIONS, 3RD READING Staff realized the plat certificates found in Appendix 24-G of the County Code should be revised as part of this ordinance. Please see the revised language on the attachment. The owner certificate will be updated with language regarding rededication of easements not vacated by the plat and a surveyor certificate will be added. Page 1 APPENDIX 24-G Vacation Plat Certificates A. PROPERTY OWNER'S CERTIFICATE: I (We), the undersigned, being the sole owner(s) in fee of the property described and shown hereon, by and through the vacation action taken by the Board of County Commissioners of Weld County to now be recognized as an unplatted tract of land, do hereby vacate the lane civision p at of recore as shown on t=ie accompanying map hereon. €acknowledge and understand that any existing easements are not affected by this --the vacation unless indicated as "vacated by this plat" hereon. Any easement created by the original land division plat that is not shown as vacated on the accompanying map hereon is hereby rededicated as shown hereon. Road rights -of -way are not affected by this vacation. Signature) (Signature) Typed or printed name Typed or printed name (All signatures must be notarized in accordance with the Revised Uniform Law on Notarial Acts, C.R.S. §24-21-501 et seq.) B. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: This vacation plat is approved by the Board of County Commissioners of Weld County, State of Colorado. Witness my hand and the corporate seal of Weld County this day of , 20 CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date C. SURVEYOR'S CERTIFICATE: I, , a Registered Professional Land Surveyor in the State of Colorado, do hereby certify that the survey represented by the plat was made under my personal supervision, and that this plat is an accurate representation thereof. I further certify that the survey and this plat comply with all applicable rules, regulations, and laws of the State of Colorado, State Board of Registration for Professional Engineers and Professional Land Surveyors, and Weld County. By: Registered Land Surveyor Date Cheryl Hoffman From: Sent: To: Subject: Attachments: Esther Gesick. Friday, December 9, 2022 1:55 PM Cheryl Hoffman FW: Change for Monday 3rd reading of Ord2022-09, consent agenda vacations Apx 24-G with BTB changes.docx Esther E. Gesick Clerk to the Board 1150 O Street'P.O. Box 758'Greeley, CO 80632 tel: (970) 400-4226 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: Bruce Barker <bbarker@weldgov.com> Sent: Friday, December 9, 2022 1:50 PM To: Jim Flesher <jflesher@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Maxwell Nader <mnader@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: RE: Change for Monday 3rd reading of Ord2022-09, consent agenda vacations See attached. The BOCC does the vacation, not the property owner. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 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 attorney privileged and 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. 1 From: Jim Flesher <jflesher@weldgov.com> Sent: Friday, December 9, 2022 1:05 PM To: Bruce Barker <bbarker@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Maxwell Nader <mnader@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: Change for Monday 3rd reading of Ord2022-09, consent agenda vacations Importance: High Bruce, I/we neglected to include updates to Appendix 24-G, Vacation Plat Certificates, in this ordinance. Could you please review the attached and I'll type up a memo? The current certificates are jpegs so I didn't do a strikethrough version. I can type one up if need be. See below. There isn't a surveyor's cert currently. Thanks, Jim A. PROPERTY OWNER'S CERTIFICATE: I (We), the undersigned, being the sole owners in fee of the above described property, do hereby vacate the land division plat or record, now recognized as an unplatted tract of land. I Signature ) (Signature Typed or printed name Typed or printed name (All signatures must be notarized in accordance with the Revised Uniform Law on Notarial Acts, C.R.S. §24-21-501 et. seq.) B. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: This Vacation plat is approved by the Board of County Commissioners of Weld County. State of Colorado. Vviitness my hand and the corporate seal of Weld County this day of 20 . CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date: 2 Cheryl Hoffman From: Sent: To: Subject: Jim Flesher Monday, December 12, 2022 8:25 AM Cheryl Hoffman; Esther Gesick RE: Change for Monday 3rd reading of Ord2022-09, consent agenda vacations Ok, thanks. Bruce told Tom we don't need to be there this morning, so hopefully it goes smoothly. From: Cheryl Hoffman <choffman@weldgov.com> Sent: Monday, December 12, 2022 8:19 AM To: Jim Flesher <jflesher@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Cheryl Hoffman <choffrian@weldgov.com> Subject: RE: Change for Mcnday 3rd reading of Ord2022-09, consent agenda vacations Good morning, Jim, We'll just let Municode kncw this is how Appendix 24-G should now read. Thank you. Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Jim Flesher <flesher@weldgov.com> Sent: Monday, December 12, 2022 8:05 AM To: Cheryl Hoffman <choffman@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: RE: Change for Monday 3rd reading of Ord2022-09, consent agenda vacations Good morning, Cheryl and Esther: I don't think it's a big deal, but the track changes on Apx 24-G.A reflect Bruce's changes from what sent, not from what's in current code, below. I just don't want MuniCode to be confused by it. 1 A. PROPERTY OWNER'S CERTIFICATE: I (We), the undersigned, being the sole owner(s) in fee of the property describe hereon, by and through the vacation action taken by the Board of County Commissi County to now be recognized as an unplatted tract of land, do hereby vacate the lar of record as shown on the accompanying map hereon. E acknowledge and under: existing easements are not affected by th+s:he vacation unless indicated as "vacate on the accomparying-reap hereon. Any easement created by the original land divis not shown as vacated on the accompanying map hereon is hereby rededicated as s Road rights -of -way are not affected by this vacation. (Signature) (Signature) Typed or printed name Typed or printed name (All signatures must be notarized in accordance with the Revised Uniform Law on C.R.S. §24-21-501 et seq.) Current: A. PROPERTY OV\4'sIER'S CERTIFICATE: I (We), the undersigned, being the sole owners in fee of the above described propc vacate the land division plat or record, now recognized as an unplatted tract of Ian (Signature ) (Signature ) Typed or printed name Typed or printed name (All signatures must be notarized in accordance with the Revised Uniform Law on C.R.S. §24-21-501 et. seq.) Thanks, Jim From: Esther Gesick <egesick@weldgov.com> Sent: Friday, December 9, 2022 2:27 PM To: Jim Flesher <jflesher@weldgov.com> Subject: RE: Change for Monday 3rd reading of Ord2022-09, consent agenda vacations We're using Bruce's version — all's good. Thanks, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758'Greeley, CO 80632 tel: (970) 400-4226 2 Confidentiality Notice: This electroni: 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: Jim Flesher <jflesher@weldgov.com> Sent: Friday, December 9, 2022 2:03 PM To: Esther Gesick <egesick@weldgov.com> Subject: RE: Change for Monday 3rd reading of Ord2022-09, consent agenda vacations Esther, do you need a strikethrough version of the existing 24-G? I don't know why the appendices in 24 are jpegs. Thanks, Jim From: Bruce Barker <bbarker@weldgov.com> Sent: Friday, December 9, 2022 1:56 PM To: Jim Flesher <jflesher@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Karin McDougal <kmcdougal@weldgov.com>; Maxwell Nader <mnader@weldgov.com>; Tom Parko Jr. <t pa rko @ we l dgov. co m > Subject: RE: Change for Monday 3rd reading of Ord2022-09, consent agenda vacations Looks good. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 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 attorney privileged and 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: Jim Flesher <jflesher @weldgov.com> Sent: Friday, December 9, 2022 1:34 PM To: Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Karin McDougal <kmcdougal@weldgov.com>; Maxwell Nader <mnader@weldgov.com>; Tom Parko Jr. 3 <tparko@weldgov.com> Subject: RE: Change for Monday 3rd reading of Ord2022-09, consent agenda vacations Corrected TO line on the attached. From: Jim Flesher Sent: Friday, December 9, 2022 1:18 PM To: Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Karin McDougal <kmcdougal@weldgov.com>; Maxwell Nader <mnader@weldgov.com>; Tom Parko Jr. <tpa rko @weldgov.com> Subject: RE: Change for Monday 3rd reading of Ord2022-09, consent agenda vacations Importance: High Sorry this wasn't done sooner. Please see attached. Thanks, Jim From: Jim Flesher Sent: Friday, December 9, 2022 1:05 PM To: Bruce Barker <bbarker@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Maxwell Nader <mnader@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com> Subject: Change for Monday 3rd reading of Ord2022-09, consent agenda vacations Importance: High Bruce, I/we neglected to include updates to Appendix 24-G, Vacation Plat Certificates, in this ordinance. Could you please review the attached and I'll type up a memo? The current certificates are jpegs so I didn't do a strikethrough version. I can type one up if need be. See below. There isn't a surveyor's cert currently. Thanks, Jim 4 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE Sec 24-11-50 update for exemption vacations DEPARTMENT Planning PERSON REQUESTING Tom Parko DATE 10/21/22 Brief description of the problem/issue As mentioned at the 10/3/22 worksession about changes to Ch 2 regarding consent agenda items, Planning staff has drafted changes to Sec 24-11-50 as well This code section has been rewritten to describe the process for vacations of exemptions and allow for them to be approved by the BOCC on consent Language about access and easements was updated as well, based on staff's experiences with these applications Bruce has reviewed and was ok with a pass -around Please see attached What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1 Have staff bring the attached draft changes to the BOCC in an ordinance 2 Direct staff to make changes to the attached in a worksession 3 Leave the code as is Recommendation Staff recommends an ordinance with the changes be considered by the BOCC at its regular meetings. Approve Recommendation Perry L Buck Mike Freeman, Pro-Tem Scott K James, Chair Steve Moreno Lori Seine Schedule Work Session Other/Comments 2022-3082 Jl Sec. 24-11-50. Complete or partial vacation of recorded exemption or subdivision exemption. A. A lot or lots may be removed from an exemption plat, or an exemption plat may be completely vacated, in accordance with this Section 24-11-50. B. A complete or partial vacation of an exemption plat results in one (1) lot with a metes and bounds or aliquot legal description. No internal lot lires shall be shown on the vacation plat. C. Complete vacations shall include all lots created by the same exemption plat, excluding any lot(s) further subdivided by subsequent plat. D. A partial vacation may remove any lot of at least thirty-five (35) acres from an exemption plat. No lot smaller than thirty-five (35) acres shall be iicluded in a partial vacation. E. Lots created by a plat approved by the County pursuant to Article X of this Chapter 24, Lot Line Adjustments, may be eligible for vacation if they were originally created by exemption plat. F. The vacation shall not be approved if it would cause any property to be left without access to a public road right- of-way as a result of the vacation. G. In the event any easement is to be vacated by the vacation, the Planner may require the applicant to provide evidence that the interests of the easement beneficiaries are protected. Such evidence may include, but is not limited to, signed and notarized consent of all beneficiaries of the easement to be vacated. Existing easements are not affected by a complete or partial vacation of an exemption plat except as indicated on the vacation plat. Any easement created by dedication on the original exemption plat and not vacated shall be rededicated on the exemption vacation plat in the signed Property Owner's Certificate. Road rights -of -way are not affected by a complete or partial vacation of an exemption plat. H. Submittal requirements. The applicant shall submit the following items electronically to the Department of Planning Services: 1. Application form. 2. Authorization form, if applicable. 3. Articles of organization or incorporation documents if the owner is a corporate entity, and a statement/delegation of authority for the person authorized to sign on the corporation's behalf, or trustee documents if the owner is a trust. 4. Deed identifying the surface estate ownership in the property. 5. A County Treasurer statement from the current tax year showing no delinquent property taxes for the subject property. 6. A draft exemption vacation plat meeting the following requirements: a. The Planner shall provide the applicant or their surveyor the title to include on the vacation plat. b. The vacation plat shall be prepared by a registered professional land surveyor in the State of Colorado and contain a complete and accurate metes and bounds or aliquot legal description of the lot(s) to be vacated. c. The vacated lot(s) shall be labeled, "VACATED ON [DATE] BY RESOLUTION [#] OF THE BOARD OF COUNTY COMMISSIONERS DF WELD COUNTY". d. In the case of a partial vacation, non -vacated lots shall be labeled "NOT A PART" along with their legal description. e. The vacation plat shall include the certificates found in Appendix 24-G of the Weld County Code. f. The scale of the vacation plat shall be one (1) inch equals one hundred (100) feet (1" = 100') or at other suitable scale when approved by the Department of Planning Services. Page 1 of 3 g. Existing easements not vacated shall be shown and labeled with recording information of the creating document. An easement created by dedication on the original exemption plat and not vacated shall be rededicated on the vacation plat in the signed Property Owner's Certificate. h. The plat shall include the recording information for the original exemption plat. 7. Any other item(s) deemed necessary by the Department of Planning Services. 8. Application fee. . Process. 1. Once the Planner has determined the application is complete and in compliance with this Section 24-11-50, the Clerk to the Board shall draft a Board Resolution approving the vacation and place the resolution on the Board's Consent Agenda in accordance with Section 2-1-30 of this Code. For partial vacations, the Clerk to the Board shall notify via certified mail the owner of any lot that is a part of the original exemption plat but not included in the vacation. Such notice shall state that the item will be on the Consent Agenda and no public testimony shall be heard unless it is removed from the Consent Agenda and placed on the regular agenda by action of the Board. If the application is determined to be not in compliance with this Section 24-11-50 and the applicant has not corrected the deficiencies within sixty (60) days of being notified of the deficiencies by the Planner, the Clerk to the Board shall draft a Board resolution denying the vacation and request that the resolution be placed on the Board's regular agenda. The Planner shall notify the applicant at least ten (10) days prior to the hearing. 3. Upon approval, the applicant shall submit a plat for recording, along with any other documentation required as conditions of approval, the recording fee, and a draft deed conveying the vacated property to the applicant. Such deed shall contain the metes and bounds or aliquot legal description from the plat. The plat shall be delineated in nonfading permanent black ink on Mylar measuring thirty-six (36) inches wide by twenty-four (24) inches high with original signatures and seals in permanent black ink. The plat shall be prepared, signed, and stamped by a registered professional land surveyor in the State of Colorado and signed by all owners of lots to be vacated. Upon completion of all conditions of approval, the plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be recorded within ninety (90) days from the date of the resolution or the Planner shall schedule a public hearing before the Board of County Commissioners and request the applicant to appear and present evidence substantiating that the application has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board may extend the date for recording the plat or revoke the approval and deny the application. The vacation is not effective until the vacation plat has been recorded in the office of the County Clerk and Recorder by the Department of Planning Services. Ar operty owner may request a complete or p to tie Department of P inning Services aoc sia be signee by a owners of tie logs) to be vacateci. Tie vacation request letter shall describe th-e p rpc}se of the vacation, any existing improvements-, and any easements or right Comp ete vacations must inc ude al lots created by the same exe tions may be used to vacate the largest lot within a Recorded Exemption plat, w-h+ch is greater than thirty five (35) acres in size, were origina created by exemption at. Pao property resulting from t ie vacation may be eft without access y p casement across other lots within the exempti-oo pfat w-ithout the express consent of those lat owners. C. The vacation request may be processed without any of the submission, referra or review requirements of Page 2of3 is required, except for a partial vacation of only the largest lot, in which case notice shall be sent to the owners of all other lots within the same exemption plat. request to be forwarded to the Clerk to the Board. Exemption vacations wil4 be placed on the Board of County Commissioners Agenda. date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing. the Exemption plat is vacated. Record of such action and a copy of the Resolution will be kept in the files of the Clerk to the Board. G. In the event any easement is inclided in the vacation, the Resolution may include a condition requiring the applicant to provide evidence that the interests of the easement grantees are protected. Such evidence shall �mption plat is retained, has �+aries of the easement or by order of a court of competent jurisdiction. the requirements of subsection I of this section shall be submitted to the Department of Planning Services for himself or herself. Such deed shad contain the metes and bounds or aliquot legal description from the plat. Upon receiving all required signatures, the Department of Planning Services will record the plat and the deed. The vacation is effective on the date of recordation of the plat with the Weld County Clerk and Recorder. i Exemption vacation plat requirements. 1. The plat shall be titled "VACATION OF LOT [X] OF [RECX XXX]." 2. The plat shall contain a complete and accurate metes and bounds or aliquot legal description of the parcel that is vacated from the Recorded Exemption or Subdivision Exemption after the vacation is effective. 3 The vacated parcel shall be labeled "VACATED ON [DATE] BY RESOLUTION [/t] OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY." 4. In the case of a partial- vacation, the plat shall depict all non vacated lots as still existing within the Recorded Exemption or Subdivision Exemption. S. The plat shall be signed by the owners of the vacated parcel and the Chair of the Board of County Commissioners. Page 3 of 3 Hello