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Home My WebLink About20220258.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RE -4139 - T & H LASALLE GROUP, LLC, C/O TERRY YOUNGLOVE 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 3, 2005, the Department of Planning Services approved Four -Lot Recorded Exemption, RE -4139, and WHEREAS, the Board has received a request from the current property owner, T & H LaSalle Group, LLC, c/o Terry Younglove, 3595 Belmont Street, Bellaire, Ohio 43906, to vacate Lot D of Recorded Exemption, RE -4139, located on the following described real estate, to wit: Lot D of Recorded Exemption, RE -4139; being part of the E1/2 W1/2 of Section 14, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property resulting from the vacation will be left without access to a public road right-of-way. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of T & H LaSalle Group, LLC, c/o Terry Younglove, for Partial Vacation of Four -Lot Recorded Exemption, RE -4139, for removal of Lot D, be, and hereby is, approved, subject to the following conditions: 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. The applicant shall create a new 60 -foot access and utility easement by separate document to ensure Lots A, B and C of RE -4139 still have adequate access. This agreement shall be signed by all owners that currently benefit from the easement. 4799520 Pages: 1 of 2 02/03/2022 01:33 PM R Fee:$0.00 $0 , 00 CC PL(TP/).QN) APPL . 2022-0258 Carly Koppes, Clerk and Recorder, Weld County , Co �a,11 / ' RE -4139 VIII N4POINL9l�h11 I KA RO lot 19+IL��filrti OR 11111 PARTIAL VACATION OF RECORDED EXEMPTION, RE -4139 - T & H LASALLE GROUP, LLC, C/O TERRY YOUNGLOVE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of January, A.D., 2022. ATTEST: 8„Q��+w,/ W �C.1�eD•6k Weld County Clerk to the Board BY: puty Clerk to the Board AP9.RQVED A 210 FO ounty Attorney Date of signature: 4799520 Pages: 2 of 2 02/03/2022 01:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill Pr111ll 9 a14#i'IrWI PVIII4IN 11111 BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO Scott K. James, Chair EXCUSED Moreno Lo sine 2022-0258 RE -4139 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Maxwell Nader, Planner Subject: Partial Vacation of RE -4139 Hearing Date: January 17, 2022 Owners: T & H LaSalle Group, LLC c/o Terry Younglove Legal Description: Lot D Recorded Exemption RE -4139; being a part of the W2 of Section 14, T8N, R66W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 94; approximately 0.25 miles east of County Road 33 Parcel Number: 0553-14-3-00-010 Total Parcel Size: +1- 143.17 acres Summary: Zone District: A (Agricultural) T & H LaSalle Group, LLC c/o Terry Younglove requests to vacate Lot D, being the largest lot of Four -Lot Recorded Exemption RE -4139, recorded May 22, 2006, reception #3389752. This partial vacation of Lot D of RE -4139 would result in an approximately 143 acre unplatted parcel. Lots A, B and C of RE -4139 are not a part of this action. Lots A, B and C of RE -4139 do or will utilize a 60' access and utility easement created by the RE -4139 and RE -4138 plats. Lot D of RE -4138 was split further by RECX17-0152 but the access easement is still recognized. Therefore, the applicant will need to create a new 60' access and utility easement by separate document to ensure Lots A, B and C still have adequate access. This agreement will need to be signed by all owners that currently benefit from the easement. 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 (Exhibit B) and the draft vacation plat map (Exhibit C). 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. 1/17 Vacation of RE -4139 I T & H LaSalle Group, LLC c/o Terry Younglove RE -4139 Page 1 of 2 Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. B. The applicant shall create a new 60' access and utility easement by separate document to ensure Lots A, B and C of RE -4139 still have adequate access. This agreement will need to be signed by all owners that currently benefit from the easement. Exhibits: A: RE -4139 plat B: Vacation Request Letter C: Draft Vacation plat Vacation of RE -4139 I T & H LaSalle Group, LLC c/o Terry Younglove Page 2 of 2 10-07-2021 To Whom It May Concern RE Recorded Exemption RE -4139 Lot D Vacation Request Letter as follows The purpose of this vacation is to allow for future, further division of Lot D, Parcel # 055314300010 into 35 or more acre parcels The Pierce Ranches LLC has acquired Lot D for the purpose of vacating the Recorded Exemption #0553 -14 -02 -RE -4139 subsequent to the Partial Vacation Process, Ordinance 2021-08 As depicted on the attached Plat exhibit, several existing -to -remain utility and access easements, and dedicated ROW exist on the subject property An existing exemption plat and a draft land survey plat showing the vacation described by a metes and bounds or aliquot legal description is included with this letter Lot D Legal Description W2 14-8-66 LOT D REC EXEMPT RE -4139 /1/5/2021 T & H LaSalle Group, LLC-Owner of Lot D Date Attachment Vacation Plat Exhibit FOOT PMOEL0100521 ,D1ESOµ PVPwem VACATION OF LOT D OF RECORDED EXEMPTION NO 0553-14-2 RE -4139 SITUATED IN THE WEST HALF OF SECTION 14 TOWNSHIP 8 NORTH RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN OF WELD COUNTY STATE OF COLORADO NORTH SCALE 1 = 200 eALcuIATEO Posmov WELD COUNTY ROAD 94 wmG PAGEir5 ioRENUN TeTsru E rmess wf v III �L M — — — SELnONTtI'l INAOF � III Nm NO1rtn S _ II mRrN,w ,NN➢�I I JI � NmnA]v® ePACCE48f UlWTr FASENVNrro RERUN LEGEND m1>owOL D FOwOeawOwvMOmEnN xmFn NwG CONMENONO au—n1a�n d---- REAWNG 9AR5 --- - LOT D VACATED ON [DATE] BY RESOLUTION [s] OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 142 66 ACRES MORE OR LESS (GROSS) m WELD COUNTY ROAD 92 R�G0.M DF�w1r SW1e; PAGE In La 0.60 GNT OF WAY6a] GENERAL NOTES 1 DEFw1TSON CERTIFY CFRR-GAOI ORHERIIESSIAAON OF CONDTIONRIEPRICATEESESSI wF00MOnONAMDBELIEFS R 6 E)PRESSLY YNOERsiOm T,NT TE PROF45510NN.5 fERTiFlGTON OF DO—ONNEwu HAS ACCEPTR➢ BYCONTAMORCUSTOM. 6M5'✓94nr PEA [% 15040004 ANY PERSON 0110 0DA91GLY REMOVE; ALTERS OA IDM1MONUMENT 0 LWD Ma1wEHT O1 IDic�cEssoRrwcaw ulrs A awss iwo Sn,4 srtsDENEu1da SAIL REfEndCEb TEREON TO BOOLS PAGES, MOPS AND RECEPTOR 515®505 ARE MWCDOCUNENTSFIUEDRNnEIECW➢SM ➢COUNTYcaLDRADO. 4 EA]E — .WD P11BL2C DOCWENTS SNONN OR NOIED NEPECN 0£05 WTPDIF AVD VEPE ELW WED AS TO RFSETNAAON; CO*801011005oR2GnCNs 1044085 OR 05 AS To TxE TIGHT To PEA�TME SAME UI J 1—SNEAt Ux1Ta DFP1CTE39-2 USAGDOx MAFTMTARE URVEY FEE- ONE LEIFA EOIALa ]e]Tn2 Us SURVEY FEET E14C1LY ACC011ONO THE NAAONAL VNR1112TTE OF STAMOAADs AN0 TECHMOOGY —AOMESS. 1.250 COUNTYROAD]] WEIDCOIORADD THIS —ION OF LOT 0 IECOTDEO flEAIPTION NO mSYts-0] RFLa1]M,15 DOES NOT CO,IAE00E A 01 0ETRAC BY LA T THE ENGwEERNG LTO TO DETERMINE OVnER5HV OF TH% TRACT LEAPT THE 0600RIETTRGI SHOIZ, TRACT 1HE C0010 EASEIIC OF TNR OE6CRPTIOR . RF TNST OF AONCFM TRACTS. 011 VERFY EASEYENf5 OFR*CE010E FOR ALLW 0R*EGSx RE NSLTG EMf6RGHTOFwAKOinnt OFRE00R0 LWOV M0WEDO 1 ➢ m NOT RFLED UPON TITS LONWNFe1T lI G.— ENOWFFAwO 00 ul PESEARdI LNOTALLIYFAOVENFHTSSNOO% TxLS VAGAW OF LOT D 1e BASED DNA RECORDED EAENPTON NO aSS},s.] P PEI,]; THIS —01 G LOT D LS DOME FOR TNE BENETA OF T It H LWHE b COUS RPRO THE SOUTH 1WE OF THE SOUMEAG 50 RENT 6 THE SOUTHWEST 011VTTEASECT1TO/:N aNOMOANaE60INEST 60 THE 510 P M MELT CO11HTr srNE Dr T * D. ;V GOUTN 1➢ OF 6Ern[N N IB NATVE➢➢M 1040 YESr ENTS 511—t D WI A NUIa NEBAR—N 005 25 INCH KUNNUx CAP STANPR➢—]wet—Ia NA1UEp ON THE EABT END YAM A—.1 REBN1 W1MA—INCH ALUNOUN OMSTANIf➢Is 10655 —ME REur5 NORrfH eTMDJr FAST FO0 A O1 —CE K 15190 fFET WRM ALL BEARxW REGTNEfrAEid LmoDE10Il GN LOT O OF RE000DED f FBAPIRON N O O0S}µm REG,T0,5P 21045510? 052008 AT RECEPIIOI NUMBER —IS BERND A P RE0FP11CNNUMEERAN2552,REC5R0ES Ix WIIDCWNTYON 0108.051 VACATED PARCEL DESCRIPTION * P4040 TLIe]1V1P 8 10001151006 Mi 516 nRF1N 1N T 00 a TCTON TO PRELIMINARY By ,UOTET ARE SARI NONN COLA LS 305.2 T & H LaSALLE GROUP LLC IVACATION OF LOT D RE NO 0553-14-2 RE -4139 SECTION 14 TOWNSHIP 8 NORTH RANGE 68 WEST LANDMARK ism ISY00Y w.m T L1e� We5fdNY0s6S5s U(w1(r!%,WTe2s6 TW 610 11N615TF6J] Yu fn%r51aW .w Wm,AIWCan RECORDEDEXEMPTION NO. 0553-14-2 RE -4139 uauuiiniimmimmmoumimimm OF THE EAST HALF CF THE NEST HALF OF SECTIO / 14 TOWNSHIP 8 NORTH RANGE 66 VEST OF THE nTH PM COUNT) OF WELD STATE OF COLORADO ly t6OMem eM I meb m 1 e111111m DDm >h,e eLim tleYglkmbw LOB LOT D 4 ACCESS ITENTIFICATION TABLE A - FRDroYD 0€SAOOAVALRKVIDRAL At0'AS am ry w nr.v,ro mwa w �v van we / v r vmS 6155 OF DEARiNL q IM1e SouU I pl Ue SputM1,ert pl geclo p B No In Scoo 61 N of n. 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DATE. January 17, 2022 TIME: 9 00 a m APPLICANT T & H LaSalle Group, LLC c/o Terry Younglove 3595 Belmont Street Bellaire, Ohio 43906 REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RE -4139, for Removal of Lot D LEGAL DESCRIPTION: Lot D of Recorded Exemption, RE -4139, being part of the E1/2 of the W1/2 of Section 14, Township 8 North, Range 66 West of the 6th P M , County of Weld, State of Colorado LOCATION: South of and adjacent to County Road 94, approximately 0 25 miles east of County Road 33 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January 6, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RE -4139 Owner Address City State Zip D O O rR rR O r` - T & H LASALLE GROUP, LLC, C/O TERRY YOUNGLOVE CHAD AND KELCI BRYAN 3595 BELMONT STREET 16260 COUNTY ROAD 94 MITCHELL AND JESSICA FERTIG 16256 COUNTY ROAD 94 MICHAEL AND MARY ELLENBERGER 16254 COUNTY ROAD 94 BELLAIRE OH 43906 PIERCE CO 80650-8912 PIERCE CO 80650 PIERCE CO 80650-8912 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, RE -4139, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 6th day of January, 2022. cs . U)akL -) cif , Janet M. Warwick Deputy Clerk to the Board 0 I• • Certified Mail Fee , Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ Postmark ❑ Certified Mail Restricted Delivery $ Here ❑ Adutt Signature Required $ ❑Adutt Signature Restricted Delivery $ Postage Total Postage and Fees Se _ -------------------- ---- ---- - - ---- ------------------------------- Stree ---- --�------------------------------ ------------------------- • r . i • r r.r •.. - . - N N . > N -D Jo Q Q ❑ ❑ ❑ ❑ 0 E 00 3 E� m C ` N 7 N a C) O L m � ti� d w to a m ru a) U It) N Ln 0 0)j E ) _ O a) O w 0•" o o r0 a) O Y `�- U) n CO Z Ch U U N d �i O O O O lI N C E EO me)� I� L NJ tL'� c N E 0) z M a>roc--' m to a� E E C- (c O O ,�(l ((��fp��) U r` o rn nj rn ru O S r-3 N rR rN- rn ru D-' D 0 .:w.r r+, W Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sts et an t , or P No Q L4 Ci �te'AP,{ , BOLe�o O Q • 5 to +a <dv r r�*m Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Aduh Signature Restricted Delivery $ • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ,t au dk /na't-- iil ►•.en heir l l_0 Z 5 CD w JZ.©a c� q4 go&5o MIZ A. Signatu( O Agent -X-1/ / �,� � ❑ Addre B. Received by (Prince ame) C. o el D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No II I III I III II I IIIIIIIIIIIIII II I IL II I I 3. Service itigType ❑ Priority eiMail Express® ❑ Adult Signature 0 Registered MaiIT'" ❑ Adult Signature Restricted Delivery 0 Registered Mail Restrict ❑ Certified Mail® 9590 9402 5390 9189 0173 14 eturn ❑ Certified Mail Restricted Delivery ❑ RReturn Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer frnm enni;^c' ) Delivery Restricted Delivery 0 Signature ConfirmationT ail 0 Signature Confirmation 7 017 1450 0000 9675 2323 ail Restricted Delivery Restricted Delivery ( (over $500) Me c,..,,, QR11 1r d„ onic DCA17k3n_n?-Qnn-on.53. Domestic Return Receipi • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you- ■ Attach this card to the back of the mailpiece, or on the front if space permits. / a 1. Article Addressed to: 1'ki Co 8O Cep N Senl Y11 1w+ I 015S) CO cV4- ci Siritf PO��iyq -��• � a I IIIII III IIIIIIIIIIIIIIIIlll I III I I I I 9590 9402 5390 9189 01 73 210 ❑ 2. Article Number (Transfer from service label) ❑ 7017 1450 0000 9675 2330 PS Form 3811, July 2015 PSN 7530-02-000-9053 A. Signature X� B. Received by (Prin ed Name) C J�5s; S r/ D. Is delivery address different from item 1? If YES, enter delivery address below: ❑ Agent ❑ Addresses ate oqf Delivery 1)/7? ❑ Yes ❑ No Service Type 0 Priority Mail Express® Adult Signature 0 Registered MaiITM Adult Signature Restricted Delivery ❑ Registered Mail Restricts Certified Mail® Delivery Certified Mail Restricted Delivery ❑ Return Receipt for Collect on Delivery Merchandise Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT" 'tail ❑ Signature Confirmation lail Restricted Delivery Restricted Delivery 3) Domestic Return Receipt 'x.iasr*jg.ij!�flilarnir ■ Complete items 1, 2, and 3. A. Signature m ■ Print your name and address on the reverse O Agent ru so that we can return the card to you. X r V ❑ Addressee rnL ■ Attach this card to the back of the mailpiece, B. Recei by ( tinted Name) C. Date of Delivery N Certified Mail Fee or on the front if space permits. ( C :12 2 $ j 1. Article Addressed to: D. Is delivery address different m item 1? ❑ Yes Extra Services & Fees (check box, add fee as appropriate) If YES, enter delivery address below: ❑ No O ❑ Return Receipt (hardcopy) $ n f I O ❑ Return Receipt (electronic) .IG $ 1`/11'/1`'`t�1'_ a( •�'� In ❑ AdrtfiSdMailu Ra eed Delivery $ (nY 1 �t•-'>r �f_l t 94 D ❑ Adult Signature Required $ I / n �O W �� I �,rt�r.�•cE�.1'! "� ❑ Adult Signature Restricted Delivery $ lY O Postage ^ , $ liC� Iga ,r z r -q Total Postage and Fees Q �e C( �` I I I I II III III IIIIIIIIIIIIII II I I I III 3ServiceSignature ❑ Priority eiMail Express® (� $ 0 Adult Signature 0 Registered MaIITM Sent To 0 Adult Signature Restricted Delivery 0 Registered Mail Restricte C ----------- - - Certified Mail® Delivery Scree andA N ., P X -_N ------- -------------- - - 9-9590 9402 5390 9189 0173 38 ❑ Certified Mail Restricted Del very ❑ ReturnReceipt for ( ! (( !( Merchandise _ _ ��__ _ ❑ Collect on Delivery city, j'Z---------I p /„fib — ( 9 Ar+inip Nllmhpr (Transfer from sprvirP /ahell ❑ Collect on Delivery Restricted Delivery 0 Signature Confirmations" o•C/ D ur ✓ Aail 0 Signature Confirmation 7 017 14 5 0 0 00 0 96? 5 2 3 5 (4 Aail Restricted Delivery Restricted Delivery JO) PC Fnrm SRi 1 .II dv 2ni S PCN 7csn_n21V1n.c1n54 Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS 1/4/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 11:38:24 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. IITJE i 11 . cJCu ccl f) ta. Signature Date Property Owners Within 500 Feet of Parcel # 055314300010 Account Parcel Owner Mailing Address R4392406 055314200008 FERTIG MITCHELL 16256 COUNTY ROAD 94 PIERCE, CO 80650 R4392506 055314200009 ELLENBERGER MARY O R4392506 055314200009 ELLENBERGER MICHAEL L 16254 COUNTY ROAD 94 PIERCE, CO 806508912 R4392606 05^5314300010 PIERCE RANCHES LLC 145 W SWALLOW RD Lo+ t (t ti.c) LO"/ — SCC l]Aoc-d FORT COLLINS, CO 805252500 R8952862 055314300022 GLEASON CHRISTOPHER 45144 COUNTY ROAD 33 PIERCE, CO 806509730 R8952865 055314300025 T & H LASALLE GROUP LLC 3595 BELMONT ST BELLAIRE, OH 439061205 R4392706 055314400011 MASSOUDI HARDY R4392706 055314400011 YOUNGLOVE TERRY 3595 BELMONT ST BELLAIRE, OH 439061205 R0636686 055323000003 SAUTER J RALPH A JR PO BOX 381 PIERCE, CO 806500381 Parcels: 12 Owner Records: 18 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS 1/4/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 11:38:24 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature I46IzoZe- Date Property Owners Within 500 Feet of Parcel # 055314300010 Account Parcel Owner Mailing Address R4605507 055311300011 BERNDT KELLY F 8585 CITATION DR WELLINGTON, CO 805493224 R0632686 055314000002 YAHWEH PROPERTIES LLC 440 RICHARDS LAKE RD FORT COLLINS, CO 805241633 R4392006 055314200004 TANNER AMBER R4392006 055314200004 TANNER MITCHELL RAYMOND 16246 COUNTY ROAD 94 PIERCE, CO 806508912 R4392106 055314200005 GANGESTAD LACY L R4392106 055314200005 GANGESTAD ERIC K 16244 COUNTY ROAD 94 PIERCE, CO 806508912 R4392306 055314200007 BRYAN KELCI ANN Lo+J /-} R4392306 055314200007 BRYAN CHAD STEVEN 16260 COUNTY ROAD 94 PIERCE, CO 806508912 R4392406 055314200008 FERTIG JESSICA Parcels: 12 Owner Records: 18 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS 1/4/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 11:38:25 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. 1/61 ZO2ZZ Signature Date Property Owners Within 500 Feet of Parcel # 055314300010 Parcels: 12 Owner Records: 18 Page 3 of 3 PLAT VACATION APPICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE DATE RECEIVED PLANNER ASSIGNED PLAT INFORMATION Title of plat to be vacated Vacation of Lot D of 0553 -14 -02 -RE -4139 S 14 T 8N R 66W O Complete Vacation (must include all lots) Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated Lot Parcel Number Acreage Affected Easements D 055314300010 142.66 N/A (No Easements Affected) PROPERTY OWNER(S) (Attach additional sheets if necessary) Name Terry You nglove Company T & H LaSalle Group LLC Phone # 970-691-4266 Email Tyounglove@msn coin Street Address 3595 Belmont Road City/State/Zip Code Bellaire, OH 43906-1205 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent) Name Company Phone# Street Address City/State/Zip Code Email I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge All fee owners of the property must sign this application If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or subdivision exemption 11//2021 Signature ner or Authorized Agent Date TerryYounglove Print Owner or Authorized Agent Signature Owner or Authorized Agent Print Owner or Authorized Agent Date 7/19/2021 4742558 08/04/2021 10 48 AM Total Pages. 1 Rec Fee $13 00 Carly Koppes - Clerk and Recorder, Weld County, CO WHEN RECORDED RETURN TO: T & H LaSalle Group LLC STATE ENT OF AUTHORITY 1 This Statement of Authority relates to an entity named T & H LaSalle Group LLC 2 The type of entityis a ❑ Corporation O Non -Profit Corporation ❑ General Partnership O Limited Partnership ❑ Limited Partnership Association O Registered Limited Liability Partnership ❑ Registered Limited Liability Limited Partnership O Unincorporated Non -Profit Association ❑ Government, Governmental Subdivision or Agency © Limited Liability Company ❑ Trust O Business Trust O 3. The entity is formed under the laws of Colorado. 4. The mailing address for the entity is , 5. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is Terry Younglove as Manager 6 (Optional) The authority of the foregoing person(s) to bind the entity [x] is not limited [] is limited as follows 7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property - 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38 -30-172, CRS Executed this 1`f day of , 2021 State of Colorado )ss County of Weld The foregoing instrument was acknowledged to before me this 's" day of July, 2021 by Terry Younglove, the Manager of T & H LaSalle Group LLC Witness my hand and official seal My commission expires. ELIZABETH ELSTON Notary Public State of Colorado Notary ID # 19984030337 My Commission Expires 10-30-2 DOC-Statement of Authority 4788861 Pages: 1 of 2 12/28/2021 10:37 AM R Fee:$18.00 0 Fee:$67.10 Carly Koppes. Clerk and Recorder, Weld County CO in i ui WHEN RECORDED RETURN TO: T & H LaSalle Group, LLC, a Colorado limited liability company 3595 Belmont Street Bellaire, OH 43906 File Number: 5525-3770242 SPECIAL WARRANTY DEED ' t t THIS DEED, Made th(sAeGerwLs,^ O, 2021 between Pierce Ranches, LLC, a Colorado limited liability company duly organized and existing under and by virtue of the laws of the State of, grantor, and T & H LaSalle Group, LLC, a Colorado limited liability company whose legal address is 3595 Belmont Street, Bellaire, OH 43906 of the County of Weld and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of SIX HUNDRED SEVENTY ONE THOUSAND AND NO/ 100 DOLLARS ($671,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, in Severalty, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: Lot D of Recorded Exemption No. 0553-14-2 RE -4139, recorded May 22, 2006 at Reception No. 3389752, being a part of the East Half of the West Half of Section 14, Township 8 North, Range 66 West of the 6u' P.M., County of Weld, State of Colorado, Excepting and reserving unto grantor, and to grantor's heirs and assigns, all of grantor's right title and Interest in and to all of the oil, gas and other minerals (including without Ilmitation oil, gas, hydrocarbons, sulfur, coal, lignite and uranium) in, on and under the property to be conveyed, including any and all royalties, bonus amounts, delay rentals and other payments due and payable under any existing or future oil, gas or mineral lease. also known by street and number as: 16250 County Road 33, Pierce, 20 80650 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee his heirs, and assign forever. The grantor for his heirs and personal representatives or successors, does covenant and agree that this shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor except general taxes for the current year and subsequent years, and subject to statutory exceptions. Doc Fee: $67.10 Page 1 of 2 4788861 Pages: 2 of 2 12/28/2021 10:37 AM R Fee:$18.00 D Fee:$67.1@ Carly Koppes. Clerk and Recorder, Weld County , CO H! The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. Pierce Ranches, LLC, a limited liability company State of Colorado ) )ss Countyof a The foregoing instrument was acknowledged to before me this e 2O 2021 by Kris Pickett, the Manager of Pierce Ranches, LLC, a Colorado invited (labs(" company. Witness my hand and official seal. My commission expires. t1ZABETH ELSTON Notary Public State of Colorado Notary ID #19954030337 M/ Commission Expires 10-30-2022 Page 2 of 2 -L-P-) DEPARTMENT OF PLANNING SERVICES 1111co. RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Jess Rodriguez RE -4139 Planner: MM Legal Description: E2 W2 of Section 14, T8N, R66W of the 6T" P.M., Weld County, CO Parcel ID #: 0553 14 000001 Lot A Size: 4.5 +l- acres Lot B Size: 4.5 +/- acres Lot C Size: 4,5 +1- acres Lot D Size: 146.5 +/- acres Water Source: Proposed Well Sewer System: 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 a 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. 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. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. Page 1 1/17 RE -4139 The Applicant has proposed a well as the source of adequate water for Lots A -D 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 Topographic or physical features of the proposed Lots A -C, such as ravines, ditches, streams etc may limit the area available for a new or replacement septic system Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged Prior to recording the plat The plat shall be titled Recorded Exemption No 0553-14-2 RE -4139 f8 The applicant shall submit to the Department of Planning Services a recorded copy of a deed describing the E2 W2 of Section 14, T8N, R66W of the 6TM P M , Weld County, CO C A 60 foot wide joint access and utility easement extending across Lots A, B and C of RE -4138 and Lots A, B and C of RE -4139 from County Road 94, for the benefit of Lots A, B, C and D of RE -4138 and Lots A, B, C and D of RE -4139, shall be shown clearly on the plat The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F E The easement shall be graded and drained to provide all weather access D The applicant shall also delineate on the plat a cul-de-sac for Lots A, B, C and O of RE -4138 and Lots A. B, C and D of RE -4139 The applicant shall provide to the Department of Planning Services written evidence from the Department of Public Woks and emergency responders that the cul-de-sac has addressed their concerns and/or requirements E The applicant shall delineate a stop sign on the plat The applicant shall provide to the Department of Planning Services written evidence from the Department of Public Works that they have satisfied this requirement F The applicant shall delineate an address sign on the plat The applicant shall contact Lin Dodge with the Department of Planning Services in order to obtain the correct addresses for the lots The applicant shall provide to the Department of Planning Services written evidence from the Department of Public Works that they have satisfied this requirement G All approved accesses shall be clearly shown on the plat The applicant shall contact the Weld County Department of Public Works to determine if a culvert Is necessary at any approved road access point If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size if the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert H County Roads 33 and 94 are local gravel roads, which require 60 feet of right-of-way at full build out A total of 30 feet from the centerline of County Roads 33 and 94 shall be delineated right- of-way on the plat These roads are maintained by Weld County I The applicant shall submit a Private Improvements Agreement regarding collateral for all improvements to the road and signs for acceptance by the Board of County Commissioners Page 2 prior to recording the plat or the Improvements shall be completed and approved by the Department of Public Works and Planning Services prior to recording the plat J The applicant shall attempt to address the requirements (concerns) of Nunn Fire Protection District, as stated in the referral response dated 6/28/05 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services IS/ The West Greeley Sod Conservation District has provided information regarding the soils on the site The applicant shall review the information and use it to positively manage on site soils The applicant shall address the requirements of Weld County School District RE -9 as stated in the referral response dated 6/7/05 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services Ivy Lots A, B and C 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 tV Lot D shall comply with the one -hundred twenty (120) acre net minimum lot size required by Section 24-8-20 C 3 of the Weld County Code 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 P The following notes shall be placed on the plat 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302 1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead 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 the Section 23-3-10 of the Weld County Code 2) Any future structures or uses on site must obtain the appropriate zoning and building permits 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20 C 3 of the Weld County Code 4) The access drive shall consist of (4) inches of road base and shall be graded and drained to prevent erosion or flooding 5) 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 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A -D have an adequate water supply of Page 3 sufficient quality, quantity and dependability 7) Potential purchasers should be aware that Lots A -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 8) Potential purchasers should be aware that groundwater may not meet all dunking 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 there after 9) 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 maybe deemed non - buildable If the lot owner is unable to obtain a well permit The State Division of Water Resources issues all well permits 10) Prior to the release of building permits for any structure exceeding 3,600 square feet, the applicant must comply with the requirements of Appendix III -A of the International Fire Code 11) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code 12) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties 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) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program (Ordinance 2002-11) 15) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold The rural areas of Weld County maybe 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 longstanding 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 area 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, Page 4 smoke from ditch burning, flies and mosquitoes, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production 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 Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm Snow removal from roads within subdivisions are of the lowest priority for public works or maybe the private responsibility of the homeowners 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 Children 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, temtorial farm dogs, and livestock present real threats to children Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood Parents are responsible for their children The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services Upon approval of the paper copies 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 Weld County Clerk and Recorder by Department of Planning Services' Staff The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed The applicant shall be responsible for paying the recording fee The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption Acceptable CAD formats are dwg, dxf, and dgn (Microstation), acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is e00 The preferred format for Images is of (Group 4) (Group 6 is not acceptable) This digital file may be sent to maas(c�co weld co us The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for dental 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 Page 5 0 $50 00 recording continuance the ge shall added for each additional 3 month penod gY Date August 3. 2005 Michelle Martin * Planner II Page 6 Hello