HomeMy WebLinkAbout20220968.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION,
RECX20-0093, FOR REMOVAL OF LOT D - 4B HOLDINGS, LTD., C/O
WILLIAM BUCHHOLZ
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 September 24, 2020, , the Department of Planning Services approved
Four -Lot Recorded Exemption, RECX20-0093, and
WHEREAS, the Board has received a request from the current property owner,
4B Holdings, Ltd., do William Buchholz, 285 East Joshua Avenue, Keenesburg, Colorado 80643,
to vacate Lot D of Recorded Exemption, RECX20-0093, located on the following described real
estate, to wit:
Lot D of Recorded Exemption, RECX20-0093; being
part of Section 7, Township 1 North, Range 62 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of 4B Holdings, Ltd., do William Buchholz, for Partial Vacation
of Four -Lot Recorded Exemption, RECX20-0093, for removal of Lot D, be, and hereby is,
approved, subject to the following condition(s):
4817794 Pages: 1 of 2
04/11/2022 02:22 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Cc : PI.('rP/AS) ppm..,
APPL.REP.
H /lc% /22.
2022-0968
Recx20-0093
PARTIAL VACATION OF RECORDED EXEMPTION, RECX20-0093, FOR REMOVAL OF
LOT D - 4B HOLDINGS, LTD., C/O WILLIAM BUCHHOLZ
PAGE 2
1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the
applicant shall submit an exemption vacation plat and deed to the Department of
Planning Services within ninety (90) days for review. Upon acceptance, the plat
shall be signed by the property owners and shall be submitted for recording, along
with the recording fee, to the Department of Planning Services. The vacation is in
effect the date of recordation of the land survey plat with the Weld County Clerk
and Recorder.
2. As described in Section 24-11-50.G of the Weld County Code, the applicant shall
provide proof that any easement holders' interests have been satisfied.
3. A new access and utility easement agreement shall be recorded to provide access
to Lot A of RECX20-0093.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of March, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, COLORADO
ATTEST: dattIL) G. JCL;lik,
tt K. James, Chair
Weld County Clerk to the Board
Mike an, Pro-Tem
County Attorney
Date of signature: 3/31/22
4817794 Pages: 2 of 2
04/11/2022 02:22
alnd Fee:$0.00
$0 Wad County Co
Carly Koppes,
�IIIf��.rEU�ILI�r►r�lr'I+�+�������'�+k��Y�'"� 1111
2022-0968
Recx20-0093
TO:
FROM:
SUBJECT:
HEARING DATE:
APPLICANT:
REPRESENTATIVE:
LEGAL DESCRIPTION:
LOCATION:
PARCEL NUMBER:
PARCEL SIZE:
ZONE DISTRICT:
NARRATIVE:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Angela Snyder, Planner II
Vacation of Lot D of Recorded Exemption 1477-07-4 RECX20-0093.
March 28, 2022
4BHoldings, LTD c/o William Buchholz, Manager, 285 E. Joshua Ave,
Keenesburg, CO 80643
Christine Curl, P.O. Box 499, Keenesburg, CO 80643
Lot D of Recorded Exemption RECX20-0093, being a part of Section 7, T1 N,
R62W of the 6th P.M., Weld County, Colorado
North of and adjacent to County Rd 10; west of and adjacent to County Rd 75
147907000008
± 122.55 acres
A (Agricultural)
The Department of Planning Services received the attached letter on February
28, 2022, from the property owner, requesting a partial vacation of the plat of
Recorded Exemption RECX20-0093, recorded January 26, 2021, reception
#4668573 to remove Lot D. Recorded Exemption RECX20-0093 was the first
recorded exemption on the property.
Three smaller lots are associated with the original parent parcel: Lots A, B, and
C of RECX20-0093. All property owners will be notified of the partial vacation
request hearing.
A 60' shared easement was created on Lots A and D by the plat. A new
easement agreement shall be recorded prior to the recorded the vacation plat.
The resulting parcel will be larger than thirty-five (35) acres.
A draft vacation plat is also attached. A metes and bounds description for the
lot to be vacated has been included on the draft vacation plat.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved with the following condition:
1. Prior to recording the plat:
a. A new access and utility easement agreement shall be recorded to provide access to
Lot A of RECX20-0093.
2022-0968
Page 1 of 1
3/28
RECX20-0093
Vacation Request Letter
February 23, 2022
Re. 4B Holding, LTD
Lot D of recorded exemption 1479-07-4 RECX20-0093
To Whom It May Concern,
4B Holdings, LTD is requesting the vacation of Lot D as described above in order to utilize the
Land Survey division process
There are no existing improvements on this 122 55 acre parcel
County Road 75 borders the eastern side of the property, and is County- maintained
County Road 10 borders the southern side of the parcel, and is County -maintained
Signed,
/V XG4"
William J Buchh
48 Holdings, LTD
, Manager
5'40(c--7--
VACATION PLAT OF RECORDED EXEMPTION NO. 1479-07-4 RECX20-0093
Port of the Southeast 1/4 of Section 7
Township 1 North Range 62 West of the 6th P M ,
County of Weld Stole of Colorado
Sheet 2 of 2
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing The cost of engaging a court reporter shall be borne by the requesting
party In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631
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: March 28, 2022
TIME: 9 00 a m
APPLICANT:
4B Holdings, Ltd
c/o William Buchholz, Manager
285 E Joshua Avenue
Keenesburg, Colorado 80643
REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX20-0093, for Removal of
Lot D
LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX20-0093, being part of Section 7,
Township 1 North, Range 62 West of the 6th P M , Weld County, Colorado
LOCATION: North of and adjacent to County Road 10, west of and adjacent to County Road 75
(See Legal Description for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 10, 2022
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX20-0093
Owner
BRIANNE SHOCKEY
KARA CHAMBERS
KENNETH AND MELISSA JENNINGS
4B HOLDINGS, LTD, C/O WILLIAM
BUCHHOLZ
4B HOLDINGS, LTD, C/O WILLIAM
AND SUSAN BUCHHOLZ
4B HOLDINGS, LTD, C/O PHILLIP
AND JEANNE BUCHHOLZ
Address
36813 COUNTY ROAD 10
36659 COUNTY ROAD 10
36655 COUNTY ROAD 10
285 EAST JOSHUA AVENUE
3508 COUNTY ROAD 67
5254 COUNTY ROAD 79
City
ROGGEN
ROGGEN
ROGGEN
State Zip
CO
CO
CO
80652-9100
80652
80652-9101
KEENESBURG CO 80643
KEENESBURG
ROGGEN
CO 80643-8519
CO 80652
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, RECX-20-0093, in the United States
Mail, postage prepaid First Class Mail as listed above.
Dated the 10th day of March, 2022.
L
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Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service'
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/1/2022
1:45:43 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 147907400008
LW uJrtk
3I,Iz.�.
Signature
Date
Account
Parcel
Owner
Mailing
Address
R6537386
147907000003
SCHELLENBERG
CINDY
&
DANIEL
1/2
INT
R6537386
147907000003
SCHELLENBERG
CINDY
(1/2
INT)
5955 COUNTY
ROGGEN,
CO
806529303
ROAD
79
R6537686
147907000012
ROGGEN
PEAKS
RANCH
LLC
820 8TH
BOULDER,
ST
CO 803027409
R8970041
147907400005
-A
SHOCKEY
BRIANNE
K
36813
ROGGEN,
COUNTY
CO
806529100
ROAD
10
Lo+
R8970042
147907400006
leo-
3
CHAMBERS
KARA
M
36659
ROGGEN,
COUNTY
CO
80652
ROAD 10
R8970043
147907400007
lam"
CJ
JENNINGS
MELISSA
M
R8970043
147907400007
L04- C.i
JENNINGS
KENNETH
J
36655
ROGGEN,
COUNTY
CO
806529101
ROAD
10
R8970044
147907400008
W'1" i2
4B
HOLDINGS
LTD
3508
KEENESBURG,
COUNTY
ROAD
CO
67
806438519
R6537786
147908000005
SWANK
ROBERT
M
3581
KEENESBURG,
COUNTY
ROAD
CO
51
806439400
Parcels: 9
Owner Records: 12
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/1/2022
1:45:43 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 147907400008
Signature
LC
Date
Account
Parcel
Owner
Mailing
Address
R4902907
147917100012
LINNEBUR
WILLIAM
J
37426
ROGGEN,
COUNTY
CO
806528504
ROAD
4
R0031388
147918000014
LINNEBUR
VIANNA
J
R0031388
147918000014
LINNEBUR
FRED
D
3649 COUNTY
ROGGEN,
CO
806529106
ROAD
75
Parcels: 9
Owner Records: 12 Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/1/2022
1:45:43 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 147907400008
Parcels: 9
Owner Records: 12
1 1 '2,,a,
Signature
Date
Page 3of3
Parcel Property Address
147907400005 36183 COUNTY ROAD 10 ROGGEN
147907400006
147907400007
147907400007
147907400008
Owner
SHOCKEY BRIANNE K
CHAMBERS KARA M
JENNINGS MELISSA M
JENNINGS KENNETH J
4B HOLDINGS LTD
Mail Address 1
36813 COUNTY ROAD 10
36659 COUNTY ROAD 10
Mail City
ROGGEN
ROGGEN
State
CO
CO
Mail Zipcode
806529100
80652
36655 COUNTY ROAD 10 ROGGEN CO 806529101
3508 COUNTY ROAD 67 KEENESBUI CO 806438519
PLAT VACATION APPICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE DATE RECEIVED
PLANNER ASSIGNED
PLAT INFORMATION
Title of plat to be vacated Ti --14-7 " I" 7 - Y &(--)"(
2 D - coo Q 3
['Complete Vacation (must include all Tots),'Partial Vacation of the largest lot (must be over 35 acres)
s 7 T /il/ R 62W
List of lots to be vacated
b
/117°1-07-yrlcx io-ov
1. ‘'
n/4
PROPERTY OWNER(S) (Attach additional sheets if necessary)
Name I//3 fto E6 Sr LTD
Company IN ;i.1.1 0-Ft)7 13uCFfltoLZ-, 1-t4/Vt!4eAr
Phone # I y' 1;3 • t/I Email /-f g Rva ` nr- & `'`'� 60- -
Street Address d,q K ji,2j4
City/State/Zip Code e e co SO le
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent)
Name C,r{2/ST)ME Cu i2 L
Company Co 1,04,44-0 o t 44.2F&t'r% P/LB70S_S.J - KC •
Phone # 344.4, Email tatty/C ntrie
Street Address o 3®x '/99
City/State/Zip Code Keekle..5/1 GC) . 964 V3
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
Signature
Print Owner or Aut
Print Owner or Authorized Agent
onzed Agent
Signature Owner or Authorized Agent
Date
7/20/2021
DEPARTMENT OF PLANNING AND BUILDING
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS
AND SERVICES
yg 4D//M/6 Si1.-T) - CJ-t21577Ar a."41 —
I, (We), , give permission to
(Owner — please print) (Applicant/Agent — please print)
to apply for any Planning, Building or Health Department permits or services on our behalf, for the property
located at
)a -is b. - REexJo-oa
Legal Description of Section 7 , Township / N, Range 1a W
Subdivision Name Vg 1111q-07- q "fa 26 '0Q 3 Lot /./ , Block
Property Owners , Information 11LL k31,(44 -G-L2.` / l 647Y1-64
�,) A_,�,
Phone '/ii';�j3'-1/�l E-mail l/g1TD1611),5 C.`" G 'n ti/, w11I
Applicant/Agent Contact Information
Phone 3 ` rte' 'i46
E -Mail Gur/eVii fz�� 0 5. ca -s -r
Email correspondence to be sent to Owner ® Applicant/As e
Postal service correspondence to be sent to (choose only one
Additional Info
Owner Signature i/,, %�� ��
w1 LL41 kk�t�
J X.
Owner Signature
Date /,„0-,;.2
Date
41 Holdings Ltd.
M embers of Limited Li 3biliity Corporation
William James Buchho z
3508 County Road 67
KE enesburg, Colorado 60643
St. san Golone Buchhoi :
3F 08 County Road 67
Kc enesburg, Colorado 80643
PI flip John Buchholz
51' 54 County Road 79
Rr egen, Colorado 806! i2
Jeanne Marie Buchhol,
5.54 County Road 79
Ri 'ggen, Colorado 8061 2
/////,a6.;.....ievy-
/A/#/ &7
tz •e.I t'1
ff:/kr—s
14.6u1A.,_x_yyt, aw-D-L-O4-
)2. -al --)1
(City)
CO
(State) (FP Cot e)
Je following statement is a, (opted by marking the box)
The person appoin ted as registered agent 1 as consented to being s, t appointed
4. The true name and mailing address of the persc n forming the limited lit cbiitty company are
Name
(if an individual)
or
(Last)
(if an entity) 4B Ht ridings Ltd.
(Caution: Do not provide both an individual and -a t entity name)
Mailing address
(First) (Mick& (Seizfl )
3508 county Road 67
(Street number and none or Post Office Box informalh n)
Keen' Isburg
CO 80643
(City) (State) (ZIP/Pal !ai Code)
United States .
(Pt ovine — (f applicable) (Country)
(lf the foliowing state, rent applies, adopt the stateme It by narking the box and inch, le an attachment)
® The limited liabi hty company has one o more additional persoi s forming the limited li, bility
company and the name and mailing add 'ass of each such persoi are stated in an attache Lent.
5, The management of the limited liability compel iy is vested in
/Mark the applicable boat)
2 one or more manag
ar
the members.
6, (The following statement is adc pled by marking the box)
M There is at least ors member of the limited liability company.
7. '7f the following statement app tes, adopt the statement by mar king the box and include an alt tchment)
E This document con airs additional informal ton as provided by law
8 Catttlont Leave blank ijth a document does not have a delayed effective date Stai (ng a delayed effective date has
significant legal consequen :es. Read instructions bejo e entering a date)
(If the following statement applies, adopt the statement by ens ring a date and, ((applicable, lme using the requiredfornrat
The delayed effective a ate and, if applicable, to ne of this document is/I ire
(mm/ddlyy y hour mit site ant/pm)
Ns ttice:
Cr using this document to >e delivered to the Sect ttary of State for filings hall constitute the affin iatlon or
ac :nowledgment of each individual causing such lelivery, under penaltie, of perjury, that the doc omen is the
ini lividual's act and deed, it that the individual in ;ood(faith believes the c locument is the act and feed of the
pe son on whose behalf th a individual is causing tae document to be deli Bred for filing, taken in 3onformity
wi h the requirements of l art 3 of article 90 of titl, 7, C.R.S., the constituc nit documents, and the s'rganic
sti lutes, and that the individual in good faith belie yes the facts stated in document are true anc the
do aument complies with tie requirements of that 'art, the constituent doo meats, and the organic statutes.
M TORG LLC
Page2of3 Rev 12/01/2012
4)06111 07/08/2020 )3:19 PM
T )tai Pages 1 Rec Fe a $13 00 Doc Fee. $ W.24
Carly Koppes - Clerk and Recorder, Weld County, CO
I:
General Warrant / Deed
(Pursuant to C.R 8.38-3 ).113(1)(a))
Grantor(s), RENE C. BUCHHO 2, whose street address Is 13618 CR 4, Brighton, CO 80603, C y or Town of Brighton,
Count of Wald and State of Colorado , for the consideration of (8,202,310.00) "Two Hundred Two Th weand Throe Hundred
Fifty a 1d 00/100'" dollars, In hand par I, hereby sails) and convey(e) to 4B HOLDINGS LTD, A COLOR MO UNWED LIABILITY
COMF ANY, whose street address la 3818 COUNTY ROAD W1,1(88'1881 Tutu, CO 00643, City or Town a1 (eeneoburo. County of
Weld , nd State of Colorado, the follow ng real property In the County of Weld and Stale of Colorado, to v it
St al Fee
Da Ie• July 07, 2020
62124
PARC IL A:
THE S 3114 OF SECTION 7, TOWNSHI o 1 NORTH, RANGE 62 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF
COLO IADO.
EXCE RING AND RESERVING UNTO THE PARTY OF THE FIRST PA RT, "GRANTOR", ALL RIGHTS TITLE AND INTEREST IN
AND 10 ALL MINERALS OF WHATSI (EVER KIND, IN, UNDER AND 11PON OR THAT MIGHT BE PRG DUCED FROM THE
HERE N DESCRIBED LAND.
also ki own by street and number as. T 3D COUNTY ROAD 75-ANB4Edit.fatesermh.
,ROGGEI' , CO 80052
with el Its appurtenances and warrant(: ) the title to the same, subject to 3tatutory Exceptions.
Signet this day of July 07, 2020.
State 4 Colorado
Count 01 ADAMS
Pm
The fc 'taping Instrument was acknowh dged before me on this day of J AVM, 2020 by RENE C. BUCt IHOLZ
Wane. s my hand and official seal
al
My Cc mmtealon expires
Notary It
=--->"--.-_--,.
DEBORAH I. PINKERTON
N Itery Public
Stet a of Colorado
Notary J )0 413
M Commis® on Eu818res 8- 462021
When °corded return to 48 HOLDII XIS LTD, A COLORADO MITI D UABILfY COMPANY
3608 COW tTY ROAD S7, Keennsburg, CC 80843
Form 1065 closatardeedsfstalutory/wd e1 &tory html
BXLo, Inc. LO $KL15975 VIE 4606111-2(20.001
251755f 5
(100058 91)
III IIII®IIIIIIIIUUIIIIII
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
cirri
Applicant:
4B
Holdings,
Limited
RECX20-0093
1
Planner:
Kim Ogle
Legal
Description:
Southeast
Weld
County
quarter
Colorado
of
Section
7,
Township
1
north,
Range 62 West
of
the 6th
P.M.,
Parcel
ID
#:
1479-07-0-00-004
Lot
A Size:
+/-
5 acres
Lot
B Size:
+/- 5 acres
Lot C Size:
+/- 20 acres
Lot
D Size:
+/- 130
acres
Lot
A:
Proposed
Well
Lot
A:
Proposed
Septic
Water
Source:
Lot
Lot
B:
C:
Proposed
Proposed
Well
Well
Sewer System:
Lot
Lot
B:
C:
Proposed
Proposed
Septic
Septic
Lot
D:
Proposed
Well
Lot
D:
Proposed
Septic
Criteria Checklist
Yes No
X 1 Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2 Compatible with the existing surrounding land uses.
X 3 Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Narrative: The proposed application seeks to create four parcels of land for future residential
development on a tract of land that has historically been planted in wheat and utilized for dryland
agriculture. There are no improvements on the property. The proposed parcels are located in the
southwest quarter of the site as electrical service is reasonably attainable at this location. In the
southeast quadrant of the parcel is a drainage draw associated with the Lost Creek. Residential access
is proposed to be shared drives from County Road 10, and one (1) agricultural access is located in the
northeast quadrant off of County Road 75.
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 the proposed lots,
Weld County On -site Wastewater Treatment System (OVVTS) Permits are required for septic
RECX20-0093
Page 1 of 6
systems and shall be installed according to the Weld County OWTS Regulations
2 The applicant has proposed a well on each parcel as the source of adequate water Property
owners are advised that the quantity of water available for usage may be limited to specific uses,
i e , "Domestic Use Only," etc Because each situation is unique, the Department of Planning
Services encourages property owners to contact the Office of the State Engineer, Division of Water
Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203 Phone 303-866-3581), to
discuss each individual situation
3 Prior to recording the plat
A The applicant shall address the concerns of the Public Works Referral relating to the
proposed Lot A, B, C, and D access locations
B The applicant shall satisfy the concerns of Weld County School District Re -3J, as stated in
the referral response dated August 4, 2020 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
C Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by
Section 24-8-40 L of the Weld County Code Net acreage calculations should not include
future road right-of-way
D Lot 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
E Lot B and Lot C shall comply with the thirty-five (35) acre net minimum lot size required by
Section 24-8-40 P of the Weld County Code Net acreage calculations should not include
future road right-of-way
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
4 Items to be included on the plat
A The plat shall be titled Recorded Exemption No 1479-07-4 RECX20-0093
B County Road 10 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 or reserved per Weld County Code 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 (Department of Public Works)
C County Road 75 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
RECX20-0093
Page 2 of 6
physical location of the road If the existing right-of-way cannot be verified it shall be
dedicated or reserved per Weld County Code 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
D Show and label the existing and proposed access points 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
E Show and label a 30 -ft minimum access and utility easement to provide legal access to
Lots A and D and a 30 -ft minimum access and utility easement to provide legal access to
Lots B and C on the plat
F Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-70 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
5 The following notes shall be placed on the plat
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line
* No occupied building or structure shall be constructed within two -hundred (200) feet
of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or
within twenty-five (25) feet of any plugged or abandoned oil and gas well
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
RECX20-0093
Page 3 of 6
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
11) The historical flow patterns and runoff amounts will be maintained on the site 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
12) All structures requiring building permits shall be located within an area that has been
released from the CRP program Evidence shall be submitted indicating land has
been released from the CRP program prior to the release of building permits
13) 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
14) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that the Lot has an adequate water supply of
sufficient quality, quantity and dependability
15) Potential purchasers should be aware that Lot A, B, C and/or D may not be eligible
for a domestic well permit which allows for outside irrigation and/or the watering of
stock animals The State Division of Water Resources issues all well permits
16) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically thereafter
17) Potential purchasers should be aware that approval of this Recorded Exemption
does not guarantee that well permits will be issued for the lots Any lot may be
deemed non -buildable if the lot owner is unable to obtain a well permit The State
Division of Water Resources issues all well permits
18) Topographic or physical features of the proposed lots, such as ravines, ditches,
streams etc may limit the area available for a new or replacement septic system
19) 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
20) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage
Impact Fee Programs
RECX20-0093
Page 4 of 6
21) 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
22) 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
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
RECX20-0093
Page 5 of 6
who must leave their jobs and families to respond to emergencies County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm
Services in rural areas, in many cases, will not be equivalent to municipal services
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban
setting Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood
6 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld
County Code The applicant shall submit 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
7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50 00 recording continuance charge shall added for each additional 3 month period
8 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
9 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
Kim Ogle, Planning Services
RECX20-0093
Page 6 of 6
Jan Warwick
From.
Sent:
To:
Cc.
Subject:
Attachments:
Jan,
Angela Snyder
Wednesday, March 9, 2022 10 28 AM
Jan Warwick
Chloe White, Esther Gesick, Jessica Reid
RE Two RE vacations
BOCC MEMO Vacation of Lot D RECX20-0093 pdf
The date is supposed to be next to the signature at the end of the review It was missed on this report The case was
administratively approved on September 24, 2020 and recorded on January 6, 2021, according to the workflow in
Accela
Angela Snyder, CFM
Planner II
1555 N 17th Ave
Greeley, CO 80631
asnvder@weldgov corn
(970) 400-3525
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: Jan Warwick <jwarwick@weldgov corn>
Sent: Wednesday, March 9, 2022 10 09 AM
To: Angela Snyder <asnyder@weldgov corn>
Cc: Chloe White <cwhite@weldgov corn>, Esther Gesick <egesick@weldgov corn>, Jan Warwick
<jwarwick@weldgov corn>, Jessica Reid <Jreid@weldgov corn>
Subject: FW Two RE vacations
Angela,
Also, the Administrative Review does not seem to be dated anywhere Is there any way for you to pinpoint the
date of approval, This date goes into the body of the Resolution
Jan Warwick
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
1
Hello