HomeMy WebLinkAbout20222485.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION,
RECX19-0096, FOR REMOVAL OF LOT B - DEVIN CULLUM
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 August 22, 2019, the Department of Planning Services approved Two -Lot
Recorded Exemption, RECX19-0096, and
WHEREAS, the Board has received a request from the current property owner,
Devin Cullum, 14196 County Road 7, Mead, Colorado 80542, to vacate Lot B of Recorded
Exemption, RECX19-0096, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RECX19-0096; being
part of the NW1/4 of Section 19, Township 3 North,
Range 67 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 will be left without access to a public road right-of-way as a result of
the vacation.
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 Devin Cullum, for Partial Vacation of Two -Lot Recorded
Exemption, RECX19-0096, for removal of Lot B, be, and hereby is, approved, subject to the
following condition(s):
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.
4853610 Pages: 1 of 2
09/07/2022 01:48 PM R Fee:$0.00
Carly Koppel, Clerk and Reoorder, Wald County , CO
rti+r'L i liyEi Yoh "III
cc:p� (ti -o f eJ/ss) APPL,,
APPL, REP.'
9 /2.7/2.2
2022-2485
RECX19-0096
PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RECX19-0096, FOR
REMOVAL OF LOT B — DEVIN CULLUM
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of August, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: ditifet)G. • eC 48;(,x.
Weld County Clerk to the Board
Deputy Clerk to the Board
County '"orney
Date of signature: 9A/22--
4853610 Pages: 2 of 2
09/07/2022 01:48 PM R Fee:$0.00
11111 Carly KOppas, Clark and Raoordar, Wald County , CO
2022-2485
RECX19-0096
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Chris Gathman, Planner
Subject: Partial Vacation of Lot B RECX19-0096
Hearing Date: August 29, 2022
Owners: Devin Cullum
Legal Description: Lot B of Recorded Exemption RECX19-0096; being a part of the NW4 of Section 19,
T3N, R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 32 and approximately 600 -feet east of County
Road 13 (AKA Colorado Boulevard)
Parcel Number: 1209-19-2-00-063
Total Parcel Size: +/- 102.306 acres (Net) Zone District: A (Agricultural)
+/- 103.617 acres (Gross)
Summary:
The applicant is requesting to vacate Lot B of RECX19-0096. RECX19-0096 was recorded on 11/18/2019
under reception # 4542089. Lot A of RECX19-0096 is under separate ownership and has an existing sugar
beet receiving station approved under USR-1082.
Lot B of RECX19-0096 has two existing access points onto CR 32 (i.e. AP21-00064 Residential and
AP21-00282 Residential). No access easements were found on Lot B of RECX19-0096.
All easements (created by separate document) delineated on the RECX19-0096 plat shall be delineated
on the vacation plat unless they have been vacated.
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.
Section 24-11-50.B of the Weld County Code, allows for partial vacations, which 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 lot(s) within the same plat. The submitted vacation request complies with this code
section.
2022-2485
Vacation of Lot B RECX19-0096 I Cullum
Page 1 of 2
- 00914
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 conditions.
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.
B. All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number.
C. The existing access points shall be delineated on the plat.
Vacation of Lot B RECX19-0096 I Cullum
Page 2 of 2
rill GROUP
landscapeamNteciure, ptarv,;ng I ikon
Date: July 25, 2022
RE: Letter of Request for Partial Vacation of a Lot
Please accept this letter of request for the partial vacation of Lot B Recorded Exception No. 1209-19-2
RECX19- 0096. This is located just south of County Road 32 and east of County Road 13 in Weld County.
The lot that was created is no longer required in the existing configuration and requires a partial
vacation for adjustment.
Easements which are affected include two oil and gas pipeline easements, one electrical utility easement, one
county road right-of-way easement, and some oil and gas setbacks.
444 Mountain Ave. 970.532.5691
Berthoud,CO80513 I m ,NEB TBGroup.us
VA CA TIONOFLOTB OF RECORDED EXCEPTION NO. 120949-2 RECX19-0096
Situate in the Northwest Quarter of Section I9, Township 3 North, Range 67 West of the 6th P.M.,
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: August 29, 2022
TIME: 9:00 a.m.
APPLICANT:
Devin Cullum
14196 County Road 7
Mead, Colorado 80542
REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RECX19-0096, for Removal of
Lot B
LEGAL DESCRIPTION: Lot B of Recorded Exemption, RECX19-0096; being part of the NW1/4
of Section 19, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to County Road 32, approximately 600 feet east of County
Road 13 (aka Colorado Boulevard) (See Legal Description for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 17, 2022
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX19-0096
Owner
WESTERN SUGAR COOPERATIVE
DEVIN CULLUM
M
Address
7555 EAST HAMPDEN AVENUE,
SUITE 520
14196 COUNTY ROAD 7
City
DENVER
MEAD
State Zip
CO 80231-4830
CO 80542-9612
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, RECX19-0096, in the United States
Mail, postage prepaid First Class Mail as listed above.
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Dated the 17th day of August, 2022.
Janet M. Warwick
Deputy Clerk to the Board
US. Postal Service"
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
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Domestic Return Receipt
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/10/2022
2:45:21 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.
Signature
0
Date
Property Owners Within 500 Feet of Parcel # 120919200063
Account
Parcel
Owner
Mailing
Address
R1030502
120918000017
LUEBBERS
DELORES
J
R1030502
120918000017
LUEBBERS
STANLEY
E
R1030502
120918000017
LUEBBERS
RAYMOND
T
6165
PLATTEVILLE,
COUNTY
ROAD
CO 806519000
32
R1030602
120918000018
SEKICH
PROPERTIES
LLC
6769
PLATTEVILLE,
COUNTY
ROAD
CO 806519000
32
R8964104
120918300001
BLISS
PAUL
6299
PLATTEVILLE,
COUNTY
ROAD
CO 806519000
32
R8964105
120918300002
BLISS
INVESTMENT
GROUP
LLC
PO
LONGMONT,
BOX
6429
CO 805012079
R8949937
120918400021
SEKICH
LISA
R8949937
120918400021
SEKICH
NICHOLAS
6769
PLATTEVILLE,
COUNTY
ROAD
CO 806519000
32
R8947080
120918400045
SEKICH
PROPERTIES
LLC
6790
PLATTEVILLE,
COUNTY
ROAD
CO 806519000
32
Parcels: 30
Owner Records: 46
Page 1 of 7
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/10/2022
2:45:21 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.
Date
Signature
Property Owners Within 500 Feet of Parcel # 120919200063
Account
Parcel
Owner
Mailing
Address
R0183889
120919000023
KNORR
SHIRLEY
A
R0183889
120919000023
KNORR
VERNON
D
6405
PLATTEVILLE,
STATE
HIGHWAY
CO
806519010
66
R0099493
120919000048
PUGLIANO
JEFFREY
W
LIVING
TRUST
14500
PLATTEVILLE,
COUNTY
CO
ROAD
806519013
13
R0197594
120919000049
SEKICH
PROPERTIES
LLC
R0197594
120919000049
FREDON
LLC
PO
MEAD,
BOX
443
CO
805420443
R8072900
120919000052
WEBBER
ELIZABETH
P
14514
PLATTEVILLE,
COUNTY
CO
ROAD
806519013
13
R6776793
120919000999
GRAND
ASSOCIATION
VIEW
HOMEOWNERS
C/O
1700
DENVER,
HOLMES
LINCOLN
CO
ROBERTS
ST
802034541
4100
OWEN
LLP
STE
R0097193
120919001005
COLEMAN
CHRISTIE
L
R0097193
120919001005
COLEMAN
SAMUEL
C
109
MEAD,
GRAND
CO
VIEW
805429004
DRIVE
Parcels: 30
Owner Records: 46
Page 2of7
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/10/2022
2:45:21 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 # 120919200063
(L:d
to I zz
Signature
Date
Account
Parcel
Owner
Mailing
Address
R0097293
120919001006
LOPEZ
JOE
JR
111
MEAD,
GRAND
CO
VIEW
805429004
DR
R0097393
120919001007
AMARANTO
MARIAN
M
R0097393
120919001007
AMARANTO
ERNESTO
ESTO
A
113
MEAD,
GRAND
CO
VIEW
805429004
DR
R0097493
120919001008
SPEYER
KASEY
R0097493
120919001008
DEINES
I N
ES RODNEY
EY
R
115
MEAD,
GRAND
CO
VIEW
805429004
DR
R0097593
120919001009
DOBBS
JAMES
L
R0097593
120919001009
FAGAN
KATHLEEN
M
117
MEAD,
GRAND
CO
VIEW
805429004
DR
R0097693
120919001010
AXELSON
JOHN
L
R0097693
120919001010
AXELSON
KATHY
S
PO
MEAD,
BOX
628
CO 805420628
Parcels: 30
Owner Records: 46
Page 3of7
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/10/2022
2:45:21 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 # 120919200063
a IL1'1l t ted0 (AL.,
gig()
Signature
Date
Account
Parcel
Owner
Mailing
Address
R0097793
120919001011
DEINES
VIRGINIA
LEE
R0097793
120919001011
DEINES
HARRY
DUANE
116
MEAD,
GRAND
CO
VIEW
805429005
CT
R0197394
120919001022
JOHNSON
RICK
B
R0197394
120919001022
JOHNSON
RODNEY
B
R0197394
120919001022
JOHNSON
TIFFANE
V
R0197394
120919001022
JOHNSON
JANET
K
14598
PLATTEVILLE,
COUNTY
CO
ROAD
806519013
13
R0197494
120919001023
SCHUCK
DENISE
A
R0197494
120919001023
SCHUCK
BRETT
A
14400
PLATTEVILLE,
COUNTY
CO
ROAD
806519012
13
R8963469
120919100062
FREDON
LLC
Parcels: 30
Owner Records: 46
Page 4 of 7
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/10/2022
2:45:21 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.
Signature
u.) -act
Date
Property Owners Within 500 Feet of Parcel # 120919200063
Account
Parcel
Owner
Mailing
Address
R8963469
120919100062
SEKICH
PROPERTIES
LLC
6790
PLATTEVILLE,
COUNTY
ROAD
CO 806519000
32
R8963470
120919100063
SEKICH
RANDALL
C
6500
PLATTEVILLE,
COUNTY
ROAD
CO 806519000
32
R8963471
120919100064
SEKICH
RANDALL
C
6500
PLATTEVILLE,
COUNTY
ROAD
CO 806519000
32
R8963472
120919100065
FREDON
LLC
PO
MEAD,
BOX
443
CO
805420443
R8963465
120919200060
SEKICH
RODNEY
A
14650
PLATTEVILLE,
COUNTY
CO
ROAD
806519013
13
R8963468
120919200061
SEKICH
RODNEY
A
14650
PLATTEVILLE,
COUNTY
CO
ROAD
806519013
13
R8963466
120919200062
FREDON
LLC
PO
MEAD,
BOX
443
CO
805420443
R0062088
120919200062
UM-
A
WESTERN
SUGAR
COOPERATIVE
7555
DENVER,
E
HAMPDEN
CO
802314830
AVE
STE
520
R8963467
120919200063
L y(-6 t
CULLUM
M
DEVIN
N
14196
MEAD,
COUNTY
CO
805429612
ROAD
7
Parcels: 30
Owner Records: 46
Page 5of7
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/10/2022
2:45:21 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 # 120919200063
ILL u0a./:\ a.) \ tic
i
Signature
Date
Account
Parcel
Owner
Mailing
Address
R8964847
120919400074
PURCELL
CONSERVATION
GROUP
LLC
PO
WINDSOR,
BOX
766
CO 805500766
Parcels: 30
Owner Records: 46 Page 6 of 7
WELD COUNTY COLS 1RADI. LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
8/10/2022
2:45:22 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://wwweco.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 # 120919200063
Parcels: 30
wner Records: 46
)ct:
1 ) o
Signature
Date
Page 7 of 7
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: vacation of Lot B of Recorded Exception No. 1209-19-2 RECX19-0096 S T R
OComplete Vacation (must include all lots) ®X. Partial Vacation of the largest lot (must be over 35acres)
List of lots to be vacated:
Lot Parcel Number
B
120919200063
103.617
Oil/Gas Pipeline Easements (2)
Electrical Utility Easement (1)
County Road Right -of -Way Easement
Oil/Gas Setbacks
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: �W - n r-9
Company:
Phone #: -3o3_ S-u(Email: --DPlrh bikIµEAT =NU - con
Street Address: ({t ci 6 cam -1,1 r2-8 7 5
City/State/Zip Code: had Co 805(4)-
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: Kristin Turner
Company: The Birdsdall Group (TBG)
Phone #: 970-532-5891
Street Address: 444 Mountain Ave.
Email: kristin@tbgroup.us
City/State/Zip Code: Berthoud, CO 80513
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 leg. - ority to sign for the corporation.
I (We) hav re- . d agree to comply with the regulations for complete or partial vacation of recorded exemption or
subdivisi• e - r .t/dn.
Si? ature: Owner or Authorized Agent
Print: Owner or Authorized Agent
r/3)�.2.
Date
signed by Kristin Tumer
rDN� C=US, E=krisGnQlbgroup.us,
Kristin Turn, eD:=5dStnTumer
IDate: 022.08.1915:47:39-0600'
Signature: Owner or Authorized Agent
Kristin Turner
Print: Owner or Authorized Agent
8/19/22
Date
7/20/2021
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17T" AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
I, (We), —Dt,✓''r f �v r''` , give permission to TT3 6rwV S+i,\ 104104,
(Owner — please print) (Authorized Agent/ plicant—please print)
to apply for any Planning, Building, Access or OWTS permits on our behalf, for the property located at
(address or parcel number) below:
I ( -L1 Rd 3a P) -1,4e 1 ( '306 c (- i acf1 19 .ob063
Legal Description: Situate in the Northwest Quarter of Section 19 , Township 3 N, Range 67 W
Subdivision Name: Lot 13 Block
Property Owners Information: '
Address: 11-11q12 6AN1-JC1 I2 ( 7 N d Cu SSoS1-(.
Phone: 363-s'34l a )( E-mail: -Dgv;v,KIT F AT ►�Gr- Co4'k
Authorized Agent/Applicant Contact Information:
Address: 444 Mountain Ave. Berthoud, CO 80513
Phone: 970-532-5891
E -Mail: kristin@tbgroup.us
Correspondence to be sent to: Owner Authorized Agent/Applicant a by: Mail Email
Additional Info:
Owner Signature:
Date: Cbla oZ
Owner Signature: Date:
4554758 12/31/2019 01:58 PM
Total Pages: 6 Rec Fee: $38.00 Doc Fee: $67.60
Carty Koppes - Clerk and Recorder, Weld County, CO
SPECIAL WARRANTY DEED
Fredon, LLC, a Colorado limited liability company, Grantor, for the consideration of SIX
HUNDRED SEVENTY SIX THOUSAND AND NO/100THS (8676,000.00), U.S. Dollars, in hand
paid, hereby sells and conveys to DEVIN CULLUM, Grantee, whose address is 14196 CR 7, Mead,
Colorado 80542, the following described real property (the "Property") situate in the County of
Weld, State of Colorado, to wit:
Lot B of Recorded Exemption No. 1209-19-2 RECX 19-0096, recorded November 18, 2019
at Reception No. 4542089, being a parcel of land located in the Northwest Quarter of
Section 19, Township 3 North, Range 67 West of the 6'h P.M., County of Weld, State of
Colorado.
with all its appurtenances, and WARRANTS the title to the same against all persons claiming by,
through and under the Grantor, SUBJECT TO
a. Existing roads, public utilities and drains;
b. visible and/or apparent uses and easements;
c. any variation between a deeded boundary line and a fence line, field line, ditch
line or other visible or apparent occupancy or occupancy line;
d. recorded easements, mineral leases, conditions restrictions, reservations and other
matters appearing of record, including but not limited to those matters shown on
Schedule A attached hereto and incorporated herein by reference;
e. cunent taxes and assessments;
f. the rights of any person or entity with respect to all minerals, including without
limitation, the oil, gas, coal, coalbed methane, and all other hydrocarbons, lignite
and metallic minerals and other minerals on, in and that are associated with and/or
that may be produced from the Property and all rights appurtenant thereto;
g. any matters disclosed in that Agreement to Purchase ("Agreement") dated August
28, 2019 between Grantor and Grantee including Addendum A to that Agreement,
and subject to the 2019 general property taxes which, by reason of adjustment, the Grantee assumes
and agrees to pay, EXCEPTING from the conveyance of the Property and RESERVING unto the
Grantor and their heirs and assigns, all minerals, including without limitation, oil, gas, coal,
coalbed methane, and all other hydrocarbons, lignite and metallic minerals and other minerals
on, in and that are associated with and/or that may be produced from the Property, together with
the right of ingress and egress, and all rights appurtenant thereto, including all royalties due and
payable under any existing or future oil and gas or other mineral lease covering any portion of
the Property and EXCEPTING from the conveyance of the Property and RESERVING unto the
Grantor and their heirs and assigns any shares of the Highland Ditch Company, any shares of the
Sanborn Reservoir and Ditch Company and units of the Northern Colorado Water Conservancy
District, owned by the Seller or appurtenant to the Property.
leacwte
30 359 e•61 --
Page 1 of 2
4554758 12/31/2019 01:58 PM
Page 2 of 6
SIGNED this -SO day of December, 2019.
Fredon, LLC,
a Colorado limited liability company
BY: Aalii
Richard D. Sekich, Manager
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on the day
of December, 2019, by Richard D. Sekich, as Manager of Fredon, LLC, a Colorado limited
liability company.
Witness my hand and official seal.
KELLEY M. ABERNATHY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID t992ai�0y260
M( CDtAt tEL EXPIRES JULY 28. 2020
Page 2 of 2
Notary Public
4554758 12/31/2019 01.58 PM
Page 3 of 6
SCHEDULE A
Page 1
Rights of way for County Road 13 and County Road 32.
Easement(s) and rights of way including its terns and conditions for electric transmission and/or
distribution line or system as granted to Union Rural Electric Association, Inc. in instrument
recorded April 24, 1968 at Reception No. 1515665.
Oil and gas lease between Theodore Webber and Elizabeth P. Webber and T.S. Pace recorded
May 15, 1970 at Reception No. 1547382, and any interests therein or rights thereunder.
Terms, agreements, provisions, conditions, obligations and casements as contained in Gas
Purchase Agreement, recorded February 1, 1971 at Reception No. 1561385 and Amendment
recorded August 30, 1972 at Reception No. 1596542.
Terns, agreements, provisions, conditions, obligations slid easements as contained in Right of
Way Grant, recorded January 23, 1974 at Reception No. 1628873 and Amendement recorded
November 17, 2011 at Reception No. 3806204.
Terms, agreements, provisions, conditions, obligations and casements as contained in Right of
Way Grant, recorded October 16, 1980 at Reception No. 1839041.
All interest in all oil, gas and hydrocarbons rights as grunted in a deed recorded December 28,
1981 at Reception No. 1878019, and any interests therein or rights thereunder.
All interest in all mineral rights as granted in a deed recorded April 16, 1984 at Reception No.
1963189, and any interests therein or rights thereunder.
4554758 12/31/2019 01.58 PM
Page 4 of 6
SCHEDULE
Page 2
Terms, agreements, provisions, conditions, obligations and easements as contained in Notice by
Panhandle Eastern Pipe Line Company, recorded June 26, 1986 -at Reception No. 2058722. • .
Terms, agreements, provisions, conditions, obligations and easements as contained in Notice by
United Power, Inc., recorded January 24, 1991 at Reception No. 2239296.
One -Half interest in all oil, go and other hydrocarbon mineral rights as reserved in o deed
recorded May 12, 1994 at Reception No. 2388204, and any interests therein or rights thereunder.
Terms, agreements, provisions, conditions, obligations and casements es contained in Agreement,
recorded May 12, 1994 at Reception No. 2388205.
Terms, agreements, provisions, conditions, obligations and easements as contained in Easement,
Right of Way and Surface Use Agreement, recorded December 9, 1994 at Reception No.
2418566.
All items as shown on map of Use by Special Review No. 1082 recorded August 23, 1995 at
Reception No. 2452474.
Notes and casements as shown on map of Amended Recorded Exemption No.
1209-19-2-AMRE-1590 recorded November 30, 1998 at Reception No. 2656376.
All items as shown on Land Survey Plat recorded December 7, 1999 at Reception No. 2737023.
' All interest in all oil, gas and other mineral rights as granted in a deed recorded June 5, 2000 at
Reception No. 2772655, and any interests therein or riglns thereunder.
Terms, agreements, provisions, conditions, obligations and easements as contained in Notice of
Oil and Gas Interests and Surface Use, recorded December 27, 2000 at Reception No. 2815536.
50% interest in all mineral rights as granted in a deed recorded January 23, 2004 at Reception No.
3147402, and any interests therein or rights thereunder.
100% interest in all oil, gas and mineral rights as granted in a deed recorded February 5, 2004 at
Reception No. 3151507, and any interests therein or rights thereunder.
Terms, agreements, provisions, conditions, obligations and easements as contained in Easement
• and Right of Way Agreement, recorded October 21, 2004 at Reception No. 3229493.
4554758 12/31/2019 01.58 PM
Page 5of6
SCHEDULE A.
Page 3
All interest in all oil, gas and other mineral rights as granted in a deed recorded October 20, 2005
at Reception No. 3333066, and any interests therein or rights thereunder.
Request for Notification of Surface Development recorded April 21, 2006 at Reception No.
3381179.
All interest.in all oil, gas and other mineral rights as granted in a deed recorded August 14, 2006 at
Reception No. 3411889, and any interests therein or rights thereunder.
Notes and casements as shown on map of Recorded Exemption No. 1209-19-2 RE -4520 recorded
March 6, 2007 at Reception No. 3460318.
Terms, agreements, provisions, conditions, obligations and easements as contained in
Cross -Conveyance and Stipulation of lelcaccts, recorded January 29, 2010 at Reception No.
3672983.
Terms, agreements, provisions, conditions, obligations and easements as contained in Stipulation
and Cross Conveyance, recorded February 9, 2011 at Receptiee.No. 3749784.
Terms, agreements, provisions, conditions, obligations and easements as contained in Stipulation
and Cross Conveyance, recorded February 9, 2011 at Reception No. 3749785.
All interest in all oil, gas and hydrocarbons and other mineral rights as reserved in a deed recorded
September 21, 2011 at Reception No. 3793796, and any interests therein or rights thereunder.
All interest in all oil, gas and other mineral rights as granted in a deed recorded December 22,
• 2011 at Reception No. 3813696, and any interests therein or rights thereunder.
4554758 12/31/2019 01.58 PM
Page 6 of 6
SCHEDULE A
Page 4
All interest in all oil, gas and hydrocarbons and other mineral rights as reserved in a deed recorded
September 30, 2011 at Reception No. 3815090, and any interests therein or rights thereunder.
All items as shown on Survey Plat for Western Sugar Cooperative recorded May 27, 2014 at
Reception No. 4018514.
Terms, agreements, provisions, conditions, obligations and easements as contained in Right of
Way Grant, recorded June 24, 2016 at Reception No. 4214169.
No. and easements as shown on map of Amended Recorded Exemption No. 1209-19-2
1 AMRECX19-07-4520 recorded November 18, 2019 at Reception No. 4542088.
No. and easements as shown on map of Recorded Exemption No. 1209-19-2 RECX19-0096
recorded November 18, 2019 at Reception No. 4542089.
Any and all unrecorded leases or tenancies and any and all parties claiming by, through, or under
such leases or tenancies.
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Fredon,
c/o
Richard
LLC
D. Sekich
RECX19-0096
Planner:
Michael
Hall
Legal
Description:
Lot
of
the
B of
6th
1AMRECX19-070-4520;
P.M.,
Weld
County,
CO
being a
part
of
the
NW4
of
Section 19,
T3N,
R67W
Parcel
ID
#:
120919-2-00-002
Lot
A Size:
+/- 25.8 acres
Lot
B Size:
103.7 acres
+/-
Water
Source:
Lot
Lot
A:
B:
Proposed
Proposed
LTWD
LTWD
Tap
Tap
Sewer System:
Lot
Lot
A:
B.
Proposed
Proposed
Septic
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 is the second of eight applications collectively called the "Sekich
Project" which involves the changing of lot lines and creating legal, buildable lots out of ten (10) original
lots, some of which were not created properly. The plat of this request shall be recorded after
1AMRECX19-070-4520. USR-1082 (sugar beet receiving station), recorded August 23, 1995, reception #
2452474 is located on proposed Lot A. No minor amendment or partial vacation of the USR will be
required as the USR will match the boundaries of proposed Lot A.
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 OWTS Permits are required for septic systems and shall be installed according to the
Weld County On -site Wastewater Treatment System Regulations
RECX19-0096
Page 1 of 5
2. Prior to recording the plat:
A. 1AMRECX19-07-4520 shall be recorded prior to RECX19-0096.
B. The applicant shall satisfy the concerns of Saint Vrain Valley School District RE -1J, as stated
in the referral response dated July 25, 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.
C. Lot A 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.
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 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.
3. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1209-19-2 RECX19-0096
B. Show and label the existing and proposed access points and the usage types (Agriculture,
Residential, Commercial/Industrial, and/or Oil and Gas). Public Works will review access
locations as a part of the plat submittal.
C. County Road 32 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, Chapter 23, Article III, Section 23-3-
50, the required setback is measured from the future right-of-way line. This road is
maintained by Weld County.
D. Show the approved Town of Mead access points on the plat and label with the approved
access permit number if applicable. The applicant shall verify and delineate on the plat the
future and existing right-of-way for County Road 13. The applicant shall also delineate the
physical location of the roadway. Pursuant to the definition of setback in the Weld County
Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the
future right-of-way line.
E. Setback radiuses 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.
F. 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.
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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 is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 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) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
8) 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.
9) 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.
10) The historical flow patterns and runoff amounts will be maintained on the site.
11) 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.
12) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A and B have an adequate water supply
of sufficient quality, quantity and dependability.
13) 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.
14) 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.
15) Potential Purchasers are hereby notified that a sugar beet receiving station is
permitted by USR-1082 and is located on Lot A of RECX19-0096.
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16) 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.
17) 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
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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.
5. 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.
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.
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a/J
By: Date: 08/22/2019
Michael Hall, Planner II
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