HomeMy WebLinkAbout20222958.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION,
RECX18-0064, FOR REMOVAL OF LOT D - SHARON SCHELLER
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 July 18, 2018, the Department of Planning Services approved Four -Lot
Recorded Exemption, RECX18-0064, and
WHEREAS, the Board has received a request from the current property owner,
Sharon Scheller, 14985 County Road 94, Pierce, Colorado 80650-9750, represented by
AGPROfessionals, do Hannah Dutrow, 3050 67th Avenue, Suite 200, Greeley, Colorado 80634,
to vacate Lot D of Recorded Exemption, RECX18-0064, located on the following described real
estate, to wit:
Lot D of Recorded Exemption, RECX18-0064; being
part of the W1/2 of Section 15, 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 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 Sharon Scheller, for Partial Vacation of Four -Lot Recorded
Exemption, RECX18-0064, for removal of Lot D, be, and hereby is, approved, subject to the
following condition(s):
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.
4865489 Pages: 1 of 2
11/04/2022 11:39 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Wiligeiljdnd k'' 111111
Cc'. PL(TP/MN/MH), pPPL .,
pPPL. ReP.
II/2.2/22
2022-2958
RECX18-0064
PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX18-0064, FOR
REMOVAL OF LOT D - SHARON SCHELLER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of October, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddrifet) o:el
c•'t K. James, Chair
Weld County Clerk to the Board
ounty =' orney
Date of signature: t 1 /3 /22.
4865489 Pages: 2 of 2
11/ER,14112:39 AM R Fee:$0.00
Carrk and Reoorder, Weld County CO
I�h�li�t�� 'I 11111
Mike F.eenan, Pro-Te
teve Moreno
Lori Saine
2022-2958
RECX18-0064
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Michael Hall, Planner
Subject: Partial Vacation of RECX18-0064
Hearing Date: October 24, 2022
Owners: Sharon R. Scheller
Legal Description: Lot D of Recorded Exemption RECX18-0064; being part of the W2 of Section 15, T8N,
R66W of the 6th P.M., Weld County, CO
Location: North and adjacent to County Road 92; east and adjacent to County Road 31 section
line right-of-way; approximately 0.42 miles west of US Highway 85
Parcel Number: 0553-15-3-00-023
Total Parcel Size: +1- 143 acres Zone District: A (Agricultural)
Summary:
The property owner requests to vacate Lot D, being the largest lot of Four -Lot Recorded Exemption
RECX18-0064, recorded October 10, 2018, reception # 4437688. This Recorded Exemption divided a
parcel into three small lots, each being approximately 5.5 acres and the large lot, being approximately 143
acres. This partial vacation of Lot D would result in an unplatted parcel. Lots A, B and C of RECX18-0064
are not affected by this action. A shared access easement was dedicated on the RECX18-0064, for the
benefit of Lots A thru D, onto unmaintained CR 92. However, per the approved CDOT Access Permit, only
the small lots can use this easement and the large lot will access directly and independently onto CR 94.
This easement corridor is also utilized by the three small lots of RECX18-0065.
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.
Section 24-111-50.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.
1olZ4
Partial Vacation of RECX18-0064
Page 1 of 2
2022-2958
iECX1`-Ootn
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.
Partial Vacation of RECX18-0064
Page 2 of 2
Sharon Scheller
14985 County Road 94
Pierce, CO 80650
August 11, 2022
Weld County Department of Planning Services
1555 N. 17"' Avenue
Greeley, CO 80631
RE: Vacation of Lot D of Recorded Exemption No. RECX18-0064
To Whom It May Concern,
We are writing to request the vacation of Lot D of Recorded Exemption No. RECX18-0064, as
recorded on October 10, 2018, at reception no. 4437688. The legal description for the subject
property is listed below:
Lot D of Recorded Exemption RECX18-0064 recorded October 10, 2018, at reception
no. 4437688, being a Part of the West Half of Section 15, Township 08 North, Range 66
West of the 6th P.M., County of Weld, State of Colorado.
The requested vacation is a partial vacation of RECX18-0064, affecting Lot D RECX18-0064
only. The existing 15' shared access and utility easement across Lots A, B, and C, of RECX18-
0064 for the benefit of Lots A, B, C, and D of RECX18-0064, as dedicated by the RECX18-0064
plat, will no longer serve the vacated parcel. The easement is expected to be unaffected by the
partial vacation and remain for the benefit of Lots A, B, and C of RECX18-0064. No property
resulting from the vacation will be left without access to a public road right-of-way as Lot D of
RECX18-0064 abuts public road right-of-way to the north and south. There is an existing access
point on County Road 94, as depicted on the draft Partial Exemption Vacation plat. As no road
right-of-way was dedicated by the RECX18-0064 plat, no existing right-of-way will be affected
by the partial vacation. The partial vacation is not expected to affect any existing improvements.
A copy of the recorded RECX18-0064 plat and the draft partial exemption vacation plat are
included with this letter.
Sincerely,
AIL
Sharon Scheller
Enclosures:
1. Recorded RECX18-0064 Plat
2. Draft Partial Exemption Vacation Plat
VACATION OF LOT D OF RECORDED EXEMPTION NO. 0553-15-3 RECX18-0064
BEING A PART OF THE WEST 1/2 OF SECTION 15, TOWNSHIP S NORTI I, RANGE, 66 WEST OF THE 6TI I P.M., WELD COUNTY, CO
VICINITY MAP -.
T
_ ®AGPO£essionals:-.4;70.7;
DEVELOPERS OF ACRICULTURC
VACATION PLAT
SECTION 15, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6TH P.M.,
WELD COUNTY, CO
1 Of 1
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Recorded Exemption No. 0553-15-3 RECX18-0064
Located in the West 1 /2 of Section 15,
Township 8 North, Range 66 West of the 6th P.M.,
County of Weld, State of Colorado
Sheet 1 of 2
NRY YAP
SGLE: '2000'
SURVEYOR'S NOTES:
THE 6TH PGRINIP,IL NEmTpNEu 5UASSUUED TOTBFPRNOTFIHSBB'OS'SO�Y2SWL AWS 1M.ISIMOEMED MREOH WIM ALE AMGSOF
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PROPERTY_ DESCRIPTION:
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EASEMENT CERTIFICATE:,
(t!A ETHEPUPPOSESSNGIIANOROEBCRIB�ED fNLRE� THE PREPERIIFS
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OP DESCRIBED HEREON, EASEMENTS
SURVEYOR'S CERTIFCATE:
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Recorded Exemption No. 0553-15-3 RECX18-0064
Locoted in the West 1 /2 of Section 15,
Township 8 North, Range 8 West of the 6th
County of Weld, State of Colorado
-NORMwE5i LbRNER SECTION 3.
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ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX18-0064
Owner
JASON FIXSEL
JORDYN AND SUSAN BECKER
JEFFREY AND TERESA WIGTON
SHARON SCHELLER
Address
45019 COUNTY ROAD 33
45025 US HIGHWAY 85
45031 COUNTY ROAD 33
14985 COUNTY ROAD 94
City
PIERCE
PIERCE
PIERCE
PIERCE
State
CO
CO
CO
CO
Zip
80650-8700
80650-1105
80650-8700
80650-9705
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, RECX18-0064, in the United States
Mail, postage prepaid First Class Mail as listed above.
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Dated the 12th day of October, 2022.
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Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal ServiceTM
CERTIFIED MAIL° RECEIPT
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PS Form 3800, April 2015 PSN 7530-02-000-9047
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PS Form 3811, July 2020 PSN 7530-02-000-9053
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PS Form 3811, July 2020 PSN 7530-02-000-9053
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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: October 24, 2022
TIME: 9:00 a.m.
APPLICANT:
Sharon Scheller
14985 County Road 94
Pierce, Colorado 80650-9705
REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX18-0064, for Removal of
Lot D
LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX18-0064; being part of the W1/2 of
Section 15, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to County Road 92; east of and adjacent to County Road 31
section line right-of-way; approximately 0.42 miles west of U.S. Highway 85 (See Legal
Description for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 12, 2022
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2022
1:08:00 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 # 055315300023
111 .1,3a) Lc, ck
i
� z---7 i z.z,
Signature
Date
Account
Parcel
Owner
Mailing
Address
R8961733
055309400029
VALENTINE
CATHY
SUSAN
R8961733
055309400029
SCHELLER
SHARON
R
14985
COUNTY
ROAD
94
PIERCE,
CO 806509705
R2496903
055310300009
SCHELLER
SHARON
R
14985
COUNTY
ROAD
94
PIERCE,
CO 806509705
R8956959
055315300020
FIXSEL
JASON
DEAN
LA 4
45019
PIERCE,
COUNTY
CO
806508700
ROAD
33
R8956960
055315300021
BECKER
JORDYN
R
h
t
R8956960
055315300021
BECKER
SUSAN
M
L o i-
ii
45025
PIERCE,
HIGHWAY
CO
85
806501105
R8956961
055315300022
WIGTON
TERESA
C
.-'"4
R8956961
055315300022
WIGTON
JEFFREY
45031
COUNTY
ROAD
33
L 0
4.
0,2
PIERCE,
CO 806508700
R8956962
055315300023
SCHELLER
SHARON
R
14985
COUNTY
ROAD
94
Lo-i-DPIERCE,
CO 806509705
Parcels: 14
Owner Records: 19
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2022
1:08:00 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 # 055315300023
Oftitich .1,1janky,
0171171,
Signature
Date
Account
Parcel
Owner
Mailing
Address
R8956963
055315300024
WILLFORD
ALISSHA
L
R8956963
055315300024
POST
ANDREW
45037
PIERCE,
HIGHWAY
CO
85
806501105
STEVEN
R8956964
055315300025
SCHELLER
SHARON
R
14985
PIERCE,
COUNTY
CO
ROAD
94
806509705
R8956965
055315300026
WELCH
DARREN
L
45049
PIERCE,
HIGHWAY
CO
85
806501105
R8956966
055315300027
SCHELLER
SHARON
R
14985
PIERCE,
COUNTY
CO
ROAD
94
806509705
R0065691
055316000012
SCHELLER
SHARON
ROSE
14985
PIERCE,
COUNTY
CO
806509705
ROAD
94
R0065791
055316000013
SCHELLER
SHARON
ROSE
14985
PIERCE,
COUNTY
CO
806509705
ROAD 94
R8958199
055321100002
NWC
DEVELOPMENT
LLC
8222
DALLAS,
DOUGLAS
TX
AVE
752255940
STE
900
R6808896
055322200013
PADILLA
RONDA
B
Parcels: 14
Owner Records: 19
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2022
1:08:00 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.
C &rf .LdctttzS' Ck
1Zii it
Property Owners Within 500 Feet of Parcel # 055315300023
Signature
Date
Account
Parcel
Owner
Mailing
Address
R6808896
055322200013
PADILLA
L
LA
NEGIL
I L
P
15331
PIERCE,
COUNTY
CO
806509703
ROAD
90
Parcels: 14
Owner Records: 19 Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2022
1:08:00 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 # 055315300023
Parcels: 14
Owner Records: 19
usettchn ilditt IA)
l71127
Signature
Date
Page 4 of 4
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated; Lot D of Recorded Exemption No. 0553-15-3 RECX18-0064 s 15 T8 R 66
❑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 ants
Acreage Affected Easem
O
055315300023
143.39
N/A - no vacation of easements proposed
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Sharon R. Scheller
Company:
Phone #: 970-302-3949
Email: srscheller@msn.com
Street Address: 14985 County Road 94
City/State/Zip Code: Pierce, co 80650
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: Hannah Dutrow
Company: AGPROfessionals
Phone #: 970-535-9318 Email: hdutrow@agpros.com
Street Address: 3050 67th Avenue, Suite 200
City/State/Zip Code: Greeley, CO 80634
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or
subdivision exemption.
Signature: Agent
—11/3bOdd-
Date Signature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
7/20/2021
I, (We), Sharon R Scheller
(Owner — please print)
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
give permission to AGPROfessionals
(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:
Parcel no. 055315300023
Legal Description; Lot D of RECX18-0064 of Section 15 , Township 08 N, Range 68 W
Subdivision Name: N/A
Property Owners Information:
Address: 14985 County Road 94, Pierce, CO 80650
Lot N/A Block N/A
Phone: 970-302-3949
E-mail; srscheller@msn.com
Authorized Agent/Applicant Contact Information:
Address: 3050 67th Avenue, Suite 200, Greeley, CO 80634
Phone: 970-535-9318 E -Mail: hdutrow@agpros.com
Correspondence to be sent to: Owner 11 Authorized Agent/Applicant a 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.
Date
Owner Signature Owner Signature
Subscribed and sworn to before me this d"I' day of Ph,t UC,_ , 20 aid-, by
S\r\arr,\ C . Schell�r.
My commission expires 0 01,;���
MONICA LYNN WATSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19954018552
MY COMMISSION EXPIRES MARCH 1, 2025
Notary Public
4454016 Pages: 1 of 2
12/17/2018 11:32 GM R Fea'$18.00 D 7,7.7 00
and Reror de- Weld Ccur1Y .0
VIIIPOrdR TII III
QUITCLAIM DEED
THIS DEED, dated tho I -) day of December, 2018
between Sharon R. Scheller
of the County of Weld and State of Co. , grantor(s), and
and Sharon R. Scheller , grantee(s)
whose legal address is 15080 CR 96, Pierce, Co. 80550 of the County of Weld and State of Colorado , grantee(s):
WITNESS, that the grantor(s), for and in consideration of the sum of Ten dollars and no/l00 (010.00), the receipt
and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these
presents does remise, release, sell and QUITCLAIM, unto the grantee(s), his heirs and assigns forever, , all the right,
title, interest, claim and demand which the grantor(s) has in and to the real properly, together with improvements, if
any. situate, lying and being in the County of and State of Colorado, described as follows:
See Attached Exhibit
EXCEPTING FROM THIS CONVEYANCE AND RESERVING TO THE GRANTOR ALL
OIL, GAS, COAL AND ALL OTHER MINERALS IN, ON AND UNDER THE SAID
PROPERTY.
also I.nuwn by sweet and number as: Vacanrt Land
TO HAVE A\D TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging, or in anywise thereunto appertaining, all the estate, right, title, interest and claim whatsoever of the
grantor(s), either in law or equity, to the only: proper use, benefit and behoof of the grantee(s), his heirs and assigns
lurever.
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(s) has executed this deed on the date set forth above.
AIL
haron R. Scheller
tiIA1I. 1 COLORADO
COUNTY OF Weld
The foregoing instrument was acknowledged before me this ) 7 day of December 2018 by Sharon R. Scheller
} ss.
}
My Commission a s����• •• �•+��
NCT','?Y I°,I) .C
S li.l i_ OF CUL3°, `-DC
Witness my hand and official seal.
/2Z / it .
21),,,�
Notary Public
�5�_ 1:.
Exhibit A
Lot D of Recorded Exemption number 055-15-3-REX 18-0064 recorded October 18, 2018 at Reception
number 4437688 located in the West 'A of Section 15, Township 8 North, Range 66 West of the 6th P.M.,
in the County of Weld State of Colorado
4454016 Pages: 2 of 2
12/17/2018 11:32 AM R Fee:$18.00 o Fee:$0.00
Carly K:oppes, Cier4 and Recorder, Weld County. ';0
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Sharon
R. Scheller
I
RECX18-0064
Planner:
Michael
Hall
Legal
Description:
All
T8N,
of
Section
R66W
of
15
the
lying
6th
west
P.M.,
of
Weld
the
Union
County,
Pacific
CO
Railroad
and
State
Highway
85 in
Parcel
ID
#:
0553-15-3-00-012
Lot
A Size:
+/- 5.5 acres
Lot
B Size:
+/- 5.5 acres
Lot
C Size:
+/- 5.5 acres
Lot
D Size:
+/- 128
acres
Water
Source:
Lot
Lot
Lot
Lot
A:
B:
C:
D:
Proposed
Proposed
Proposed
Proposed
Well
Well
Well
Well
Sewer System:
Lot
Lot
Lot
Lot
A:
B:
C:
D:
Proposed
Proposed
Proposed
Proposed
Septic
Septic
Septic
Septic
Yes No
X
Criteria Checklist
Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2 Compatible with the existing surrounding land uses.
X 3 Consistent with the intent of the zone district.
X 4 Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Narrative: The proposed application seeks to split the western portion (approximately 145 acres) of the
parent parcel via a four lot recorded exemption. The eastern portion of the parent parcel (approximately
145 acres), will be split by separate recorded exemption RECX18-0065.
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 Onsite Wastewater Treatment System regulations.
2. The applicant has proposed a well as the source of adequate water for Lots Al B, C and 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
RECX18-0064
Page 1 of 6
Services encourages property owners to contact the Office of the State Engineer, Division of Water
Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203 Phone 303-866-3581), to
discuss each individual situation
3 The West Greeley 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
4 Prior to recording the plat
A The applicant shall address the requirements of Weld County School District RE -9, as stated
in the referral response dated 05/07/2018 Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services
B 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 Net acreage calculations should not
include future road right-of-way
C 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
D Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by
Section 24-8-20 C 3 of the Weld County Code Net acreage calculations should not include
future road right-of-way
5 Items to be included on the plat
A The plat shall be titled Recorded Exemption No 0553-15-3 RECX18-0064
B A 30 foot wide joint access and utility easement extending across Lots A, B and C of
RECX18-0064 and Lots A, B and C of RECX18-0065 from County Road 92, for the benefit
of Lots A, B and C of RECX18-0064 and Lots A, B and C of RECX18-0065 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 2 The easement shall be
graded and drained to provide all weather access
C Show and label the preliminarily approved access point(s) and the usage
D Show and label the existing and future right-of-way for State Highway 52 and the approved
Colorado Department of Transportation (CDOT) access point(s) on the plat and label with
the approved access permit number CDOT Permit Number, if applicable
E County Road 94 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 verify and delineate on the plat the existing
right-of-way and the documents creating the existing right-of-way If the existing right-of-way
cannot be verified it shall be dedicated The applicant shall also delineate the physical
location of the roadway This road is maintained by Weld County
F County Road 92 is an unmaintained section line right-of-way The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-
of-way All setbacks shall be measured from the edge of right-of-way This road is not
maintained by Weld County Any unmaintained, road needs to be located/identified in
relationship to the right-of-way
G Show and label the section line Right -of -Way as "CR 92 Section Line Right-of-way, not
County maintained"
RECX18-0064
Page 2 of 6
H County Road 31 is an unmaintained section line right-of-way The applicant shall verify and
delineate on the map the unmaintained right-of-way and the documents creating the right-
of-way All setbacks shall be measured from the edge of right-of-way This road is not
maintained by Weld County Any unmaintained road needs to be—located/identified in
relationship to the right-of-way
Show and label the section line Right -of -Way as "CR 31 Section Line Right-of-way, not
County maintained"
J 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
K All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number
6 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 2012 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, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20 C 3 of the Weld County Code
4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net unless approved by the Weld County Board of Commissioners in accordance with
Section 24-8-40 P of the Weld County Code
5) The property owner shall control noxious weeds on the site
6) The access will be utilizing unmaintained County right-of-way Maintenance of the
unmaintained County right-of-way will not be the responsibility of Weld County
7) 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
8) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking
9) Prior to the release of building permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown
on this plat
10) Any work that may occupy and or encroach upon any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to commencement
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11) The historical flow patterns and runoff amounts will be maintained on the site
12) All access and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of
lot configuration or number of users, and without limitation of the use or intensity of
the use of such easements No lot owner may install a gate or otherwise impede the
use of such easements without the approval of all persons with rights of use of such
easements
13) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building
permit applications The legal description on such deed shall include the Lot
designation and Recorded Exemption number
14) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A, B, C and D have an adequate water
supply of sufficient quality, quantity and dependability
15) Potential purchasers should be aware that Lots A, B and C may not be eligible for a
domestic well permit which allows for outside irrigation and/or the watering of stock
animals The State Division of Water Resources issues all well permits
16) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically thereafter
17) Potential purchasers should be aware that approval of this Recorded Exemption
does not guarantee that well permits will be issued for the lots Any lot may be
deemed non -buildable if the lot owner is unable to obtain a well permit The State
Division of Water Resources issues all well permits
18) 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
19) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program
20) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs
21) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has
some of the most abundant mineral resources, including, but not limited to, sand and
gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes,
minerals are vital resources because (a) the State's commercial mineral deposits are
essential to the State's economy, (b) the populous counties of the state face a critical
shortage of such deposits, and (c) such deposits should be extracted according to a
rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state
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Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this
development Often times, mineral resource sites are fixed to their geographical and
geophysical locations Moreover, these resources are protected property rights and
mineral owners should be afforded the opportunity to extract the mineral resource
22) WELD COUNTY'S RIGHT TO FARM 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
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
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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
7 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
8 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
9 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
ii,,
By Date 07/18/2018
Michael Hall, Planner I
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