HomeMy WebLinkAbout20222017.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF TWO -LOT AMENDED RECORDED EXEMPTION,
AMRE-2556, FOR REMOVAL OF LOT B - MICHAEL AND JEANNE WARE
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 May 8, 2000, the Department of Planning Services approved Two -Lot
Amended Recorded Exemption, AMRE-2556, and
WHEREAS, the Board has received a request from the current property owners, Michael
and Jeanne Ware, 845 County Road 19, Brighton, Colorado 80603-9228, to vacate Lot B of
Amended Recorded Exemption, AMRE-2556, located on the following described real estate,
to wit:
Lot B of Amended Recorded Exemption,
AMRE-2556; being part of the N1/2 NE1/4 of
Section 33, Township 1 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 Michael and Jeanne Ware, for Partial Vacation of Two -Lot
Amended Recorded Exemption, AMRE-2556, 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.
Cc: P1.(TP/MW/cG), APPL.
A PPL. REP.
/1`6/22
4844674 Pages: 1 of 2
07/28/2022 10:52 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 I :01 *1101 a1Ml,,l,:i i9Yoh 11111
2022-2017
AMRE-2556
PARTIAL VACATION OF TWO -LOT AMENDED RECORDED EXEMPTION, AMRE-2556, FOR
REMOVAL OF LOT B — MICHAEL AND JEANNE WARE
PAGE 2
2. Applicant shall identify, on the Vacation Plat, the existing 20 -inch high-pressure
natural gas line (permitted through Use by Special Review Permit, USR17-0032),
which runs along with the western property line of the lot to be vacated.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of July, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,k,N1 .,rdW:,rk
Sc dU K. James, Chair
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPR• •- D AS
County Attorney
Date of signature: 7725/22
-m,s,
Mi iw
Pro-T
erry L. B
Lori Saine
,a
4844674 Pages: 2 of 2
07/28/2022 10:52 AM R Fee:$0.00
Carly Koppao, Clark and Reoordar, Weld County , CO
II III
2022-2017
AMRE-2556
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Chris Gathman, Planner
Subject: Partial Vacation of AMRE-2556
Hearing Date: July 18, 2022
Owners: Michael & Jeanne L. Ware C/O Steve Stencel — Intermill Land Surveying, Inc.
Legal Description: Lot B AMRE-2556; being a part of the N2NE4 of Section 33, T1 N, R67W of the 6th
P.M., Weld County, CO
Location: South of and adjacent to County Road 4; west of and adjacent to County Road 19
Parcel Number: 1469-33-0-00-006
Total Parcel Size: +/- 74.71 acres Zone District A (Agricultural)
Summary:
Michael & Jeanne Ware are requesting to vacate Lot B, being the largest lot Amended Two -Lot Recorded
Exemption AMRE-2556, recorded October 23, 2000, reception #2801970. This partial vacation of Lot B of
AMRE-2556 would result in an approximately 75 -acre un-platted parcel. Lots A of AMRE-2556 are not a
part of this action. No access and utility easement would be vacated under this request. Both Lot A and Lot
B have an existing residential access point onto County Road 19 that were constructed around the year
2001. These do not meet the Minimum Access Spacing Criteria 660 -feet as required for arterial roads
(County Road 19 is delineated as an Arterial Road). It should be noted that these accesses were
constructed prior to the implementation of the County Access Permitting program in 2010/2011. Also, there
are two (2) existing oil and gas accesses onto County Road 4 for two (2) active oil and gas wells. These
accesses meet the minimum access spacing criteria and Weld County Department of Development Review
recommends that these access points be permitted. The applicant shall apply for necessary access points
when future plans for development are known/presented.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10.A of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50.A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat map.
2022-2017
O -1/I sr
Vacation of Lot B AMRE-2556 I Ware
Page 1 of 2
Am- a5s(o
Section 24-11-50.6 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.
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. There is an existing 20 -inch high-pressure natural gas line (permitted through Use by Special
Review Permit USR17-0032) runs along with western property line of the lot to be vacated. This
shall be identified on the vacation plat.
Vacation of Lot B AMRE-2556 I Ware
Page 2 of 2
May 27, 2022
To Whom It May Concern;
This letter shall act as a formal request to vacate Lot B of Recorded Exemption No. 1469-33-1
AmRE-2556. The reason for this request is for estate planning purposes.
The property is in the North Half of the Northeast Quarter of Section 33, Township 1 North,
Range 67 West, Weld County, Colorado. The site address is 845 County Road 19, Brighton, CO
80603 (Weld County Parcel No. 146933000006).
There is an existing residence and outbuilding (845 County Road 19, Brighton, CO 80603)
which are located on the East side of the property near County Road 19. It appears that no
easements and/or rights of way will be affected by this vacation proposal.
Thank you for your consideration on this request. If you should have any questions, please feel
free to contact me at (303) 475-1442.
Respectfully;
(kVc)1'Oi2,c/ ,via%C0,9
Michael Ware drone Ware
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AMEN D RECORDED FMPTXIN
M M O
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: July 18, 2022
TIME: 9:00 a.m.
APPLICANT:
Michael and Jeanne Ware
845 County Road 19
Brighton, Colorado 80603-9228
REQUEST: Partial Vacation of Two -Lot Amended Recorded Exemption, AMRE-2556, for
Removal of Lot B
LEGAL DESCRIPTION: Lot B of Amended Recorded Exemption, AMRE-2556; being part of the
N1/2 NE1/4 of Section 33, Township 1 North, Range 67 West of the 6th P.M., Weld County,
Colorado
LOCATION: South of and adjacent to County Road 4; west of and adjacent to County Road 19
(See Legal Description for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: July 6, 2022
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
AMRE-2556
Owner
WELHOUSE LIVING TRUST
MICHAEL AND JEANNE WARE
Address
773 COUNTY ROAD 19
845 COUNTY ROAD 19
City
BRIGHTON
BRIGHTON
State Zip
CO 80603-8200
CO 80603-9228
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 Amended Recorded Exemption, AMRE-2556, in the United
States Mail, postage prepaid First Class Mail as listed above.
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Dated the 6th day of July, 2022.
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal ServiceTM
CERTIFIED MAIL° RECEIPT
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Domestic Return Receipt
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/10/2022
11:56:08 AM
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
Date
Property Owners Within 500 Feet of Parcel # 146933000006
Account
Parcel
Owner
Mailing
Address
R1757502
146927300016
PUBLIC
SERVICE
CO OF
COLORADO
SERVICES
BOX
1979
CO
802011979
DEPT
TAX
PO
DENVER,
R6787646
146928200002
HOWARD
D GARY
(5/12
INT)
R6787646
146928200002
HOWARD
DIANA
G (1/12
INT)
R6787646
146928200002
HOWARD
JOHN
E (1/12
INT)
R6787646
146928200002
D & C
FARMS
LLLP
(5/12
INT)
8709
BRIGHTON,
COUNTY
ROAD
806038901
4
CO
R6781242
146928400003
HIGH
SIERRA
WATER
SERVICES
LLC
C/O
1900
ROWLETT,
K.E.
DALROCK
ANDREWS
750885526
RD
& COMPANY
TX
R8967734
146928400005
HOWARD
BRIAN
T
8679
BRIGHTON,
COUNTY
ROAD 4
806038901
CO
R8967735
146928400006
HOWARD
DONALD
GARY
(OWNER
1/6
INT)
R8967735
146928400006
HOWARD
JOHN
EDWARD
(OWNER
1/6
INT)
Parcels: 21
Owner Records: 35
Page 1 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/10/2022
11:56:08 AM
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 # 146933000006
Account
Parcel
Owner
Mailing
Address
R8967735
146928400006
HOWARD
MARLA
SUE
(OWNER
1/6
INT)
R8967735
146928400006
D & C
FARMS
LLLP
(1/2
INT)
8709
BRIGHTON,
COUNTY
ROAD
806038901
4
CO
R1111402
146928400024
HOWARD
DIANA
G
R1111402
146928400024
HOWARD
JOHN
E
8679
BRIGHTON,
COUNTY
ROAD
CO 806038901
4
R1111602
146928400026
HOWARD
DONNA
R1111602
146928400026
HOWARD
D GARY
8739
BRIGHTON,
COUNTY
ROAD
806038901
4
CO
R8956989
146928400028
CRESTONE
LLC
PEAK
RESOURCE
HOLDINGS
C/O
555
DENVER,
17TH
CIVITAS
STREET
CO
RESOURCES
80202
STE
INC-
3500
TAX
DEPT
R8045699
146933000005
WELHOUSE
LIVING
773
BRIGHTON,
COUNTY
CO
ROAD
806038200
19
TRUST
R8045799
146933000006
WARE
JEANNE
N
E L
Fo S
Parcels: 21
Owner Records: 35
Page 2of5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/10/2022
11:56:08 AM
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.
,f
Signature
Date
Property Owners Within 500 Feet of Parcel # 146933000006
Account
Parcel
Owner
Mailing
Address
R8045799
146933000006
WARE
MICHAEL
A
845
BRIGHTON,
COUNTY
CO
ROAD
806039228
19
R6782076
146933100007
FAMILY
REVOCABLE
TRUST
619
BRIGHTON,
COUNTY
CO
ROAD
806038200
19
TEMPEST
R8956927
146933100017
MCDONOUGH
MIKE
615
BRIGHTON,
COUNTY
ROAD
CO 806038200
19
R8956928
146933100018
MORTON
THOMAS
S
515
BRIGHTON,
COUNTY
CO
ROAD
806039228
19
R4217006
146933100022
LOCKARD
F JEANNETTE
N
ETTE
R4217006
146933100022
LOCKARD
LARRY
M
3109
E
152ND
CO
PL
806027950
THORNTON,
R8960667
146933200013
WELD
FARM
HOLDINGS
LLC
905
WESTMINSTER,
W
124TH
AVE
STE
CO 802341716
210
R1453202
146933200022
MIA
GROUP
5940
LAS
S
VEGAS,
RAINBOW
NV
89/182507
BLVD
STE
400
R4913707
146933200033
BIENEMANN
JASON
M
Parcels: 21
Owner Records: 35
Page 3of5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/10/2022
11:56:08 AM
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
, Z..
Date
Property Owners Within 500 Feet of Parcel # 146933000006
Account
Parcel
Owner
Mailing
Address
R4913707
146933200033
BIENEMANN
RACHEL
R
8272
BRIGHTON,
COUNTY
ROAD
806038904
4
CO
R6084986
146934000009
WAGNER
KENNETH
R 50
INT
M6085086
146934000009
WAGNER
LUCILLE
M6085086
146934000009
WAGNER
CLIFFORD
S
638
BRIGHTON,
COUNTY
CO
ROAD
806039227
19
R6084986
146934000009
WAGNER
CLIFFORD
S-50 INT
648
BRIGHTON,
COUNTY
CO
ROAD
806039227
19
R0303587
146934000012
PUBLIC
SERVICE
CO OF
COLO
SERVICE
BOX
1979
CO
802011979
DEPARTMENT
TAX
PO
DENVER,
R8967970
146934100017
COLBECK
FORREST
E JR
R8967970
146934100017
COLBECK
LISA
M
49950
BENNETT,
N
N
E
ETT,
72ND
CO
AVE
801029309
Parcels: 21
Owner Records: 35
Page 4 of 5
WELD CNTY COLORADO LAND R.LCORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/10/2022
11:56:08 AM
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 Coun:y
ssesssr available on the Weld Courty Internet Maooing site, http://www.co.wveld.co.us, and has not
been modified from the original. The list compiles for the records of the Weld County Assessor was
assemb ed within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 146933000006
Parcels: 21
Owner Records: 35
Date
Page 5 of 5
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Lot B, Amended Recorded Exemption No. 1469-33-1-AmRE-2556 S 33 T 1 R 67
Complete Vacation (must include all lots) P Partial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number Acreage Affected Easements
B
146933000006
74.71
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Michael A. and Jeanne L. Ware
Company:
Phone #: 303.475.1442
Email:
Street Address: 845 County Road 19
City/State/Zip Code: Brighton, CO 80603-9228
APPLICANT/AUTHORIZED AGENT (Authorization must be included if them is an Authorized Agent.)
Name: Steve Stencel
Company: Intermill Land Surveying, Inc.
Phone #: 970.669.0516 Email: steve@intermill.net
Street Address: 1301 N. Cleveland Avenue
City/State/Zip Code: Loveland, CO 80537
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.
dth 41Meglfte/
Signa re: ner or Authorized Agent ate gnature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent
Print: Owneror Authorized Agent
7/20/2021
PLAT VACATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
DEPARTMENT OF PLANNING SERVICES 11555 N. 17Th AVENUE, GREELEY, CO 80631
www.weldgov.com 1970-400-6100 I FAX 970-304-6498
APPLICATION SUBMITTAL REQUIREMENTS
Application form. (See attached).
N/A Authorization form if applicant or authorized agent is different than owner. (See attached).
N/A Incorporation documents if the owner is a business entity (LLC, etc.), or trust documents.
Vacation Request Letter. The vacation request shall be submitted, in writing, to the Department of
Planning Services and shall be signed by all owners of the lot(s) to be vacated. The vacation
request letter shall describe the purpose of the vacation, any existing improvements, and any
easements or rights -of -way that may be affected.
Deed or legal instrument identifying the applicant's interest in the property.
V Draft exemption vacation plat meeting the following requirements:
1. The plat shall be titled "VACATION OF LOT [X] OF [original case title and number]"
2. The plat shall contain a complete and accurate metes and bounds or aliquot legal description
of the parcel that is vacated from the Recorded Exemption or Subdivision Exemption after the
vacation is effective.
3. The vacated parcel shall be labeled "VACATED ON [DATE] BY RESOLUTION [#] OF THE
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY."
4. In the case of a partial vacation, the plat shall depict all non -vacated lots as still existing within
the Recorded Exemption or Subdivision Exemption.
5. The plat shall contain the certificates found in Appendix 24-G of the Weld County Code:
A. PROPERTY OWNERS CERTIFICATE
I (We), the undersigned, being the sole owners in fee of the above described property, do
hereby [partially] vacate the land division plat of record, row recognized as an•
unplatted tract of land.
(Signature) : . 16OAnature)
Typed or print d T m ypeor pry ngme ,`�
Idei A• wady,/�C /1�7P� yYar�
All signatures must be notarized in accordance wan the Revised Uniform Law on
Notarial Acts, C. R. S. §24-21-501, et. seq.
B. BOARD OF COUNTY COMMISSIONERS APPROVAL
This vacation plat is approved by the Board of County Commissioners of Weld County,
State of Colorado.
Witness my hand and the corporate seal of Weld County this day of
20
CHAIR, BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board Date
7/20/2021
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
I, (We), Michael and Jeanne Ware , give permission 10 Intermill Land Surveying (Steve Stencel)
(Owner — please print) (Authorized Agent/Applicant—please print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located
at (address or parcel number) below:
845 County Road 19, Brighton, CO 80603
Legal Description: Part of N. 1/2 of NE. 1/4 of Section 33 , Township 1 N, Range 67 W
Subdivision Name: Lot B, Amended Recorded Exemption No 1469-33-1 AMRE-2556 Lot
Property Owners Information:
Address: 845 County Road 19, Brighton, CO 80603
Block
Phone: 303.475.1442 E-mail:
Authorized Agent/Applicant Contact Information:
Address: 1301 N. Cleveland Avenue, Loveland, CO 80537
Phone: 970.669.0516
E -Mail: steve@intermill.net
Correspondence to be sent to: Owner Authorized Agent/Applicant , ,, by: Mail Email
Additional Info:
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document, that the information stated above is true and correct to the best of my (our) knowledge.
` ZGt04 '�/�Y� e/ Date,
Owner Signature
ner Signature
Date3�`
S''
Subscribed and sworn to before me this 3 1 day of-Ylr\-,,-Aj, 20 a by
111 c..� ,j, liJ o r c ank Jev rin e: L. (A, ,e_
My commission expires 7—,2 5-90 d- `(
Notary Public
MICHELLE L EVENS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19964005734
MY COMMISSION EXPIRES 7-25-2024
'ill'1110IIIIIIIIIII'1111IIIIIIIIIIIIli11{IIIIIIIIIIIIII'
1 fTA 0 00209 34 3WeI4J000066COImmoto
°°Hed for record tAe day of
(00ors No.
A.O. o'clock N
By _
RICORDER
DEPUTY.
SPECIAL WARRANTY DEED
State Documentary Fee.
between
DEED, Rade on this day of October20,2000 Date 1O1 a 3 -00
NATto.u. EXCHANGE SERVICE CORPORATiON, A COLORADO CORPORATION
of the Catnty of $OUi.DTIR and State of Colorado , Grentor(s),
ed
MICHAEL A. WARE AND JEANNE, WARE
Whose fugal address is : 7 }Q k). (031 Wes-kmt+r , CO 63`
of the County of WELD and State of o the Drantee(s):
wrrraiss, That the Grantor, for arse fn consideration of the sw of ( 5193,404.93 )
sae One HDDared Ninety Three Tbooand Four Medved Four a d 93/100 ••• DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, end by these
presents does grant, bargain, sell, convey and confirm unto the Grentee(s), tholes heirs and assigns forever, not in
tenancy in co®n bum in joint twenty, ell the real property, together with iegrevements, If any, situate, lying and
being in the cavity of WELD and State of Colorado, described as follows,
tor B, RECORDED EXEMTITON NO. 140434-11E 2336, ACCORDING TO PUT RTommen SEPTEMBER 13. 1999 AT
RECEPTION N0.2719873, BEING LOCATED IN TEE NE 1/4 OF SECTION 33, TOWNSHIP 1 NORTH. RANGE 67 WEST
OF THE 6TH P.M., WELD COUNTY, COLORADO.
also kw. as street rooter VACANT LAND
'IOCET10t rich all and singular and haredltaments ad rents,
arw+c+s thereunto ltelanoin9, or in anywtu appertaining
and die revarcton and reversiaro, rtcmirder and remainders, rents, issues and preftta thereof; and alt nYne tatau, rlpht
title interest, claim and =law= of the Graneor(c), either in law or ecpity, of, in and to the above bargained
premises, with Me heredi D the ad premises
n;
TOHAVHANDTOHOLD the said premlaes above bargained and described with appwtenances, unto the Grantcc(a),
their heirs, successors and assigns forever. the grantor, for itself, Its au:ricers and sulgnns, does rnvenentt,
and agree that it shell and will WARRANT AM FOREVER DffEND the above -bargained preeiaas In the quirt an0
peaceable poaseaaion of the Grantee(s), their heirs, su,ccuaon and mslgro, agsInet act and ovary person or persoro
claiming the thole or any part thereof, by, through ca._ ,rdcr she erer,tor<s),
EXCEPT GSNFiRAL TAXES AND ASSESSMENTS FOR THE YAR 2000 AND SUffi[ USNJ YEARS, AND STJBJECI TO EASEMENTS
RESERVATIONS, RESTRICTIONS, COVANTS AND RIGHTS OF WAY OP RECORD , // ANY
F]0
Dv W TNESS WHERRAF the Grentor(s) have executed this deed on the date set forth above.
STATE OF Colorado )1a.
County of BOULDER
of
The foregotrg frrtradent s. acknowledged lwfors n an this dry
Pp ANDREW ad!.
00DI,Ti1LS VIC&P1 0DBNT OP 0000NAI EXCSANOS
RATION
Ny eoamtaatan enures N01�1bCQ•(Al 2� 1
W these M lard and official Seel.
Dr*MARY
3, dj. °USLid
�tY COMh119310N FJ(PIRES:
ni?. lfiE4 10.2001
Newly Crest - Legal Description ( 38.35-106.5, C.R.S.)
Easton,: 00198138.1 When Recorded Return to: BICRAEL A. WARE AND MEMdiLL. WIRE
Title/ FC108138 trL.
Fo 515 Rev 4-94.'8R0YA WIRRANTY DEED (Joint Tenants SPEc.lDJT.01fiY)
ppMIK'adl@
4V -I0 1A-). IC) Czd
Wstrn CAA Do 3i
0l/6 aDttd
CS0EL0L0L6°01 31111 0NM-I NO. G0,00 00-6t-100
0
COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
National Exchange Service Corp.
I Case
Number: AMRE-2556
Planner:
CG
Legal
Description: NE1/2 of NE 1/4 of Section 33, Ti
N,
R67W orthe Th
P.M.,
Weld
County, CO. '
Parcel
Identification
Number:
1469-33-000004
& 1469-33-000005
Lot C Size: n/a
Lot B Size: 75 +/- acres
Lot A Size: 5 +/- acres
Water Source:
Domestic Private well
Sewer Source: Septic
System
Meets Criteria
Yes No
X
x
X
X
X
X
Criteria Checklist
1. Conformance with the Weld County Comprehensive Plan and
any adopted municipal plan.
2. Compatible with the existing surrounding land uses.
3. Consistent with the intent of the zone district
4. Consistent with efficient and orderly development
5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County
Subdivision Ordinance.
6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through
11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the
following conditions in accordance with information submitted in the application and the policies of the 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.
2 Prior to recording the plat:
A. in accordance with Weld County Department of Public Works Ordinance #180, Lot A shall be granted one
residential/agricultural access. Direct access from a public road shall be limited to one access per legal
parcel for residential use, no circle drives or additional accesses shall be granted. Access will be placed
in such a location as to have adequate sight distance in both directions and not below the crest of a hill or
where physical obstructions are present. This access shall be a minimum of 75 feet from any intersecting
County or State roadways. s--.11°1219 3399
• •
B. Lot B shall utilize the existing agricultural /oil and gas / ditch road access points necessary for agricultural
operations. No circle drives or additional accesses shall be granted.
C. 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 access point. If a
drainage culvert is required, a 15 -inch CMP is the County minimum size. if the applicant chooses to place
a larger culvert, please contact the Department of Public Works to adequately size the culvert.
D. Weld County Road 19 is designated on the Southwest Study Capacity Improvement Needs as a collector
status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.
A total of 40 feet from the centerline of Weld County Road 19 shall be delineated on the plat as right-of-way
reservation for future expansion of Weld County Road 19. This road is maintained by Weld County.
E. Weld County Road 4 is designated on the Southwest Study Capacity Improvement Needs as a paved rural
road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.
A total of 30 feet from the centerline of Weld County Road 4 shall be delineated on the plat. This road is
maintained by Weld County.
F. The plat shall indicate setbacks from existing wellheads on the property. No building or structure as defined
and limited to those occupancies listed as Groups A,B,E,H,I,M and R in Table 3-A of the 1997 Uniform
Building Code, shall be constructed within a 200 -foot radius of any tank battery or 150 -foot radius of any
wellhead. Any construction within a 200 -foot radius of any tank battery or within a 150 -foot radius of a
wellhead shall require a variance from the terms of this ordinance in accordance with Section 61.3.
G. The applicant shall provide the Weld County Department of Planning Services with a certificate from the
County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area.
H. The following notes shall be placed on the plat:
1) All proposed or existing structures will 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 Zoning Ordinance, the required setback is measured from the future right-of-way line.
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) Prior to the issuance of a building permit on Lots A and/or B of the recorded exemption, the
applicant for the building permit shall be required to submit to the Department of Planning Services,
evidence that the lots have an adequate water supply of sufficient quality, quantity and dependability.
4) Prior to the release of building permits on Lots A and/or B, the applicant will be required to submit
a recorded deed describing the lot upon which the building permit is requested with the building
permit application. The legal description on such deed shall include the lot and recorded exemption
number.
5j 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 Ordinance 169A.
6) RIGHT TO FARM COVENANT
Weld County is one of the most productive agricultural counties in the United States. 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 there are drawbacks, including conflicts with
longstanding agricultural practices and a lower level of services than in town.
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; dust from
animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and
manure; smoke from ditch burning; flies and mosquitoes; 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.
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 for 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.
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, territorial 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.
7) Effective December 1, 1999, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Southwest Weld Road Impact Program area 3, (Ordinance 211). The
application's land use type has been tentatively classified by Planning Services within the Single -
Family Detached land use type (Section VIl.C.1). The current rate of assessment for this type of
land use is $2,031 per Dwelling .
3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of
the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of
Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from
the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the
recording fees.
4. The Weld County Department of Planning Staffs approval of this recorded exemption is based upon satisfying
the above conditions. 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 Board of County Commissioners with a
recommendation for denial.
By
Chris Gathman 4+ Current Planner
Date May 8, 2000
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