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Home My WebLink About20221270.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT CORRECTED RECORDED EXEMPTION, RECX17-0125, FOR REMOVAL OF LOT D - HERBERT WAGNER, JR., AND ROLAND WAGNER 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 October 27, 2017, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX17-0125, and WHEREAS, the Board has received a request from the current property owners, Herbert Wagner, Jr., and Roland Wagner, 174 County Road 65, Keenesburg, Colorado 80643, to vacate Lot D of Corrected Recorded Exemption, RECX17-0125, located on the following described real estate, to wit: Lot D of Corrected Recorded Exemption, RECX17-0125; being part of the S1/2 of Section 33, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property resulting from the vacation will be left without access to a public road right-of-way. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Herbert Wagner, Jr., and Roland Wagner, for Partial Vacation of Four -Lot Corrected Recorded Exemption, RECX17-0125, for Removal of Lot D, 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. 4828481 Pages: 1 of 2 05/18/2022 11:08 AM R Faa:$0.00 Carly Kopper, Clerk and Recorder, Weld County , CO VIII I��II�+�' N ul�ll'I� II GC: PLiTPMH), APPI, RPPt-. REP. s ias /az 2022-1270 RECX17-0125 PARTIAL VACATION OF FOUR -LOT CORRECTED RECORDED EXEMPTION, RECX17-0125, FOR REMOVAL OF LOT D - HERBERT WAGNER, JR., AND ROLAND WAGNER PAGE 2 A shared easement for the benefit of Lots A, B, and D, across Lots A and B, was dedicated on the Corrected RECX17-0125 plat. The applicant shall create a separate access and utility easement over the existing easement corridor in order to provide legal access to the newly unplatted large lot. Alternatively, the applicant shall demonstrate an adequate alternative access location to the large lot, subject to preliminary approval by Weld County Department of Planning Services, Access Permitting staff. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of May, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WE COUNT, COLORADO ATTEST: datilLvo W ;,,e, Weld County Clerk to the Board BY: AP torney Date of signature: 5 X1I/2.2- 4828481 Pages: 2 of 2 0'3/18/2022 11:08 AM R Fee:$0.00 illiii;:iiiilligiiiViladifiliniliClilk CountyCOli iliClllk In' Stt K. James, Chair eman, Pro -T erry L.:`�ck XCUSED teve Moreno Lori Sai 2022-1270 RECX17-0125 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Michael Hall, Planner Subject: Partial Vacation of Corrected RECX17-0125 Hearing Date: May 4, 2022 Owners: Herbert Wagner Jr. and Roland Wagner Representative: Ehrhart Land Surveying, LLC c/o John Ehrhart Legal Description: Lot D of Corrected Recorded Exemption RECX17-0125; being a part of the S2 of Section 33, T1 N, R63W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 2; east of and adjacent to County Road 65 Parcel Number: 1477-33-3-00-014 Total Parcel Size: +/- 137.5 acres Zone District: A (Agricultural) Summary: The property owners request to vacate Lot D, being the largest lot of Corrected Four -Lot Recorded Exemption RECX17-0125, recorded May 16, 2018, reception # 4399674, being a corrected plat to RECX17- 0125, recorded January 17, 2018, reception # 4368414. This Recorded Exemption divided parcel into an approximately 5 -acre Lot A, 5 -acre Lot B, 10 -acre Lot C and 137.5 -acre Lot D. This partial vacation would result in an approximately 137.5 acre unplatted parcel. The property owners have expressed their intent to divide this resultant parcel of land into multiple, 35 -acre or greater parcels of land, should this vacation request be approved. Lots A, B and C of Corrected RECX17-0125 are not a part of this action. A shared easement for the benefit of Lots A, B and D, across Lots A and B was dedicated on the plat. 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. Partial Vacation of RECX17-0125 Page 1 of 2 2022-1270 514 -RE-CW-012_5 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 i 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 I B As a shared easement for the benefit of Lots A, B and D, across Lots A and B, was dedicated on the Corrected RECX17-0125 plat The applicant shall create a separate access- and utility easement over the existing easement corridor in order tol provide legal access to the newly unplatted large lot Alternatively, the applicant shall demonstrate an adequate alternative access location to the large lot, subject to preliminary approval by Weld County Department of Planning Services, Access Permitting staff Exhibits A RECX17-0125 plat B Corrected RECX17-0125 plat C Vacation Application D Vacation Request Letter E Draft Vacation plat F Deeds i Partial Vacation of RECX17-0125 Page 2 of 2 LETTER OF AUTHORIZATION February 15, 2022 To whom it may concern, This letter is to authorize John Ehrhart, dba Ehrhart Land Surveying, LLC, to be our representative in the matter of the application for Lot Vacation on our property located at County Road 65, Keenesburg, CO 80643, being part of Section 33 T1N, R63W of the 6th P.M , County of Weld, State of Colorado Sincerely, By By Wfr&i-Airrt___- Owner -- \I -Pc -1,-O_ ,e0 htnd�J Print Name 1r\ g (\-) P b-vJtr2 `,..4 Owner Print Name 4264930 2 27%2018 02 Pages R Fee $18 00 D Fee $@ 00 Carly Koppel'. Clerk and Recorder, Weld County. CO ®IIINU��RY=MINIMA NINA' Rrla Climb II III As used herein, the singular denotes the plural and the masculine gender the feminine and neuter genders as the context may require Executed on December %i 2016 STATE OF COLORADO ) ss COUNTY OF WELD I i Estate of Herbert E Wagner Sr , also kno1{ii 6s H,prbert E,Wag er, deceased By P C hillp �agner Co -Personal Representative BY Revi, eV'� Roland K Wagner Co -Personal Representative � J The foregoing mstrument was acknowledged before me this 23 day of December 2016 by Philip G Wagner and Roland K Wagner, Co -Personal Representatives of the Estate of Herbert E Wagner Sr , also ]mown as Herbert E Wagner,' deceased WITNESS my hand and official seal STACY SARGENT NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20054047684 MY COMMISSION EXPIRES 1211312017 Parcel 4 pg 2 -6-44.CC(1/1- Notary Notary Public G 4801324 Pages: 4 of 5 02/10/2022 01 18 PM R Fee $33 00 D Fee $19 60 iiiiiRIPalICillagliliegrldifiliiiiinilliak Weld CountyCOiiiiiilli k Bill I, Philip G Wagner, will be selling my 25% interest in the land from my father's estate, Herbert E Wagner Sr, to my brother Herbert E Wagner Jr for the some of $196,000.00. The property is located in Weld County, Colorado. There will be three installments of $65,333.00 on February it? 2022 and following on February i6, 2023 & on Februaryla, 2024. There will be no interest charge but a late fee of $50.00 per day will be assessed for each day the payment is late. Once the first installment has been received, Herbert E Wagner Jr will take full responsibility, liability, management and any other issues that may arise with the property. In the event of Herbert E Wagner Jr's death, remaining balance is to be paid in full from his estate. In the event of Philip G Wagner's death, remaining payments are to be made on the stated dates above to his surviving wife, Lisa A Wagner or in the event of her death to their son, Mark Philip Wagner. Date: Februaryf0, 2022 c_ wc--,, D Herbert E Wagner, Jr, Buyer Philip Wagner, ar 4801324 Pages: 5 of 5 02/10/2022 01 18 PM R Fee'$33 00 D Fee $19 80 Carly Koppes, Clerk and Recorder, Weld County , CO IralFIC 4A Li II II INDIVIDUAL ACKNOWLEDGMENT State/Commonwealth of Lolorea0 County of (geld On this the IOPf day of Day FLhroa Month 50150 I rLYrna ss r Name of Notary Public ! personally appeared 20"17— , before me, Year , the undersigned Notary Public, fittbt/f Ware( and Phillip. 14alwr- Name(s) o S►gner(s — — SELSO TREVINO JR e — — P NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 19974008816 MY COMMISSION EXPIRES JUL 19, 2025 I ❑ personally known to me — OR — I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscnbed to the within instrument, and acknowledged to me that he/she/they (executed the same for the purposes therein stated WITNESS my hand and official seal Signature o ATOWiriubhc Any Other Required Information Place Notary Seal/Stamp Above (Printed Name of Notary, Expiration Date, etc) OPTIONAL This section is required for notanzat►ons performed in Arizona but is optional in other states Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document L Title or Type of Document LOAN a/jYLGrvI en, Document Date Signer(s) Other Than Named Above Noy& I Number of Pages I ©2020 National Notary Association I M1304-07 (09/2021) Used for states (AL, AZ, CO, CT, DE, GA, IA, ID, IL, IN, KS, KY, LA, MD, ME, MI, MN, MS, MT, NC, ND, NE, NH, NJ, NM, OK, OR, RI, SC, SD, TN, VA, VT, WV, WI, WY) 4801324 Pages: 1 of 5 02/10/2022 01 18 PM R Fee $33 00 D Fee $19 60 Carly Koppes, Clerk and Reoorder, Weld County CO ®III MICR �,��Ti�i�W� 1111 SPECIAL WARRANTY DEED (Statutory Form, C R S. § 38-30-113) ie"' g'9 XcA 3)1 G°flelle, gar PHILIP G. WAGNER, (Grantor) whose address is P.O. Box 171, Lucerne, Colorado 80534, for the consideration of TEN and NO/100ths dollars ($10 00) and other valuable consideration, in hand paid, hereby sells and conveys an undivided twenty-five percent (25%) Interest (being all of the interest of Grantor) to HERBERT WAGNER JR, whose street address is 89 Coal Dust PC)6CF Road, Gillette, Wyointltg 32718, the following real property in the County of Weld and State of LVeopvi Colorado, to wit -C) As more particularly described in Exhibit A attached hereto and incorporated herein by reference without street and number, with all its improvements, water and water rights and all appurtenances and warrants title to the same against all persons claiming under me, subject to the lien for general real property taxes for 2022 (payable 2023),statutory exceptions and all matters of record Signed this (b* day of itbr a ry , 2022. PHILIP WAGNER STATE OF Chip fct-O - ) ) ss COUNTY OF V.ra l ) L The foregoing instrument was acknowledged before me this b� day of F-tb�lvalmi , 2022, by Philip G. Wagner. My commission expires. Witness my hand and official seal J41 09. Za2c Notary Public SEM TREVINO JR NOTARY PUBLIC - STATE OF COLORADO P NOTARY ID 19974008816 MY COMMISSION EXPIRES JUL 19, 2025 1 tfoliiiesemepospipeurgympqh 950000_0209-1879888731-37010/0 5 4801324 Pages: 2 of S 02/10/2022 01 18 PM R Fee $33 00 D Fee $19 80 Carly Koppes, Clerk and Reoorder, Weld County , CO IIIIIP'1P'IAUCIIIIIIFii VAPAPPRINIIIIII4 Bill EXHIBIT A (Legal Description) Parcel 1 A parcel of land located in the N1/2 or Section 33, Township 1 North, Range 63 West of the 6th P M , County of Weld, State of Colorado, described as follows. ',Considering the East line of the NE1/4 of said Section 33 to bear North 00°38'45" West being monumented on the North and South end by a 3/4" rebar with 2 1/2" aluminum cap; PIS 12374, with all bearings contained herein relative thereto, Beginning at the Northwest corner of said Section 33; thence North 88°59'44" East, coincident with the North line of the NW1/4 of said Section 33, a distance of 2618 26 feet to the North 1/4 corner of Section 33, thence North 88°59'44" East, coincident with the North line of the NE1/4 of said Section 33, a distance of 2085 26 feet to the centerline of the Prospect Lateral and the Northwest corner of that parcel of land described in Deed recorded August 26, 1970 at Reception No 1553636 in the records of the Clerk and Recorder of Weld County, Colorado; thence South 10°31'41" East coincident with the West line of said parcel and the centerline of the Prospect Lateral, a distance 0602.06 feet to the beginning of a curve, concave to the Northwest, having a radius of 14186 feet and a central angle of 95°11'24", whose chord bears South 37°04'00" West; a distance of 209 50 feet, thence Southerly and Southwesterly along the arc of said curve and coincident with said centerline, a distance of 235.68 feet to the Southwest corner of said parcel; thence North 88°59'44" East, coincident with the South line of said parcel and parallel with the North line of said Section 33, a distance of 574.98 feet to the East line of the NE1/4 of said Section 33; thence South 00°38'45" East, coincident with said East line, a distance of 71133 feet, thence South 89°59'44" West, parallel with the North line of said Section 33, a distance' of 524166,feet to the West line of the NW1/4 of said Section 33, thence North 00°25'52" West coincident with said West line, a distance of 1371.45 feet to the true point of beginning Parcel 2 I i A parcel of land located in Section 33, Township 1 North, Range 63 West of the 6th P.M , County of Weld, State of Colorado, described as follows Considering the East line of the NE1/4 of said Section 33 to bear North 00°38'45" West being monumented on the North and South end by a 3/4" rebar with a 21/2",aluminum cap, PLS 12374, with all bearings contained herein relative thereto; Beginning at the West 1/4 corner of said Section 33, thence North 00°25'52" West, coincident with the West line of the NW1/4 of said Section 33,1,a 'distance of 1266 30 feet; thence North 89°59'44" East, parallel with the North line of said Section 33, a distance of 5241 66 feet; thence to the East line of the NE1/4 of said Section 33; thence South 00°38'45" East, coincident with said East line, a distance of 1286 81 feet to the East 1/4 corner of said Section 33, thence South 01°15'01" East, coincident with the East line of the SE1/4 of said Section 33; a distance of 22.31 feet, thence South 88°59'44" West, parallel with the North line of said Section 33, a distance of 5246 80 feet to the West line of the SW1/4 of said Section 33, c l r 4801324 Pages: 3 of S 02/10/2022 01 18 PM R Fee $33 00 D Fee $19 60 Carly Koppes, Clerk and Recorder, Weld County , CO IIII ri1AlaiillPI'liCIIA PI/Iliegalnikle lid INN thence North 00°25'52" West, coincident with said West line, a distance of 42 87 feet to the true point of beginning Parcel 3 A parcel of land located in the S1/2 of Section 33, Township 1 North, Range 63 West of the fits P.M , County of Weld, State of Colorado described as follows Considering the East line of the NE1/4 of said Section 33 to bear North 00°38'45" West being monumented on the North and South end by a 3/4" rebar with a 2 1/2" aluminum cap, PLS 12374, with all bearings contained herein relative thereto; Beginning at the Southwest corner of said Section 33, thence North 00°25'52" West, coincident with the West line of the SW1/4 of said Section 33, a distance of 1288 76 feet to the true point of beginning, thence continuing North 00°25'52" West, coincident with said West line, a distance of 1306 12 feet, thence North 88°59'44" East, parallel with the North line of said Section 33, a distance of 5246 80 feet to the East line of the SE1/4 of said Section 33, thence South 01°15'01" East, coincident with the East line of the SE1/4 of said Section 33, a distance of 1306 07 feet, thence South 88°59'44" West, parallel with the North line of said Section 33, a distance of 5265.48 feet to the true point of beginning Parcel 4 A parcel of land located in the S1/2 of Section 33, Township 1 North, Range 63 West of the 6th P.M , County of Weld, State of Colorado, described as follows- Considering the East line of the NE1/4 of said Section 33 to bear North 00°38'45" West being monumented on the North and South end by a 3/4" rebar with a 2 1/2" aluminum cap, PLS 12374, with all bearings contained herein relative thereto; Beginning at the Southwest corner of said Section 33, thence North 00°25'52" West, coincident with the West line of the SW1/4 of said Section 33, a distance of 1288 76 feet; thence North 88°59'44" East, parallel with the North hne of said Section 33, a distance of 5265.48 feet to the East line of the SE1/4 of said Section 33; thence South 01°15'01" East, coincident with said East line, a distance of 1314 20 feet to the Southeast comer of said Section 33, thence South 89°16'24" West coincident with the South line of the SE1/4 of said Section 33, a distance of 2642.04 feet to the South 1/4 corner of said Section 33; thence continuing South 89°16'24" West, coincident with the South line of the SW1/4 of said Section 33, a distance of 55.77 feet to the North 1/4 corner of Section 4, Township 1 South, Range 63 West of the 6th P.M.; thence South 89°16'15" West, coincident with the South line of the SW1/4 of said Section 33, a distance of 2586 27 feet to the true point of beginning 4718794 05/25/2021 02 56 PM Total Pages 3 Rec Fee $23 00 Doc Fee $17 50 Carly Koppes - Clerk and Recorder, Weld County , CO SPECIAL WARRANTY DEED (Statutory Form, C R S § 38-30-113) KATHERINE M WAGNER, (Grantor) whose street address is 2323 North Central Avenue, Unit 704, City of Phoenix, County of Mancopa and State of Arizona, for the consideration of TEN and NO/100ths dollars ($10 00) and other valuable consideration, in hand paid, hereby sells and conveys an undivided twenty-five percent (25%) interest (being all of the interest of Grantor) to ROLAND WAGNER, whose street address is 174 County Road 65, Town of Keenesburg, County of Weld and State of Colorado, the following real property in the County of Weld and State of Colorado, to wit As more particularly described in Exhibit A attached hereto and incorporated herein by reference without street and number, with all its improvements, water and water rights and all appurtenances and warrants title to the same against all persons claiming under me, subject to the lien for general real property taxes for 2021 (payable 2022) and all matters of record Signed this I ✓ day of M h , 2021 1. `- KATHER*,M �AGN ER STATE OF d-4(11 0 to A / ) ) ss COUNTY OF ivtlya.:66rA__,) The foregoing instrument was acknowledged before me this I� day of " I'Ylatir/ , 2021, by Katherine M Wagner My commission expires Witness my hand and official seal KARLA B HUNT Notary Public • Arizona June 11, 2024 County My Commission Expires Mancopa Commission # 584834 Notary Public 4832718 1 4718794 05/25/2021 02 56 PM Page 2 of 3 EXHIBIT A (Legal Description) Parcel 1 A parcel of land located in the N1/2 or Section 33, Township I. North, Range 63 West of the 6t" P M , County of Weld, State of Colorado, described as follows' Considering the East line of the NE1/4 of said Section 33 to bear North 00°38'45" West being ronumented on the North and South end by a 3/4" rebar with 2 1/2" aluminum cap, PLS 12374, with all bearings contained herein relative thereto, Beginning at the Northwest corner of said Section 33, thence North 88°59'44" East, coincident with the North line of the NW1/4 of said Section 33, a distance of 2618 26 feet to the North 1/4 corner of Section 33, thence North 88°59'44" East, coincident with the North line of the NE1/4 of said Section 33, a distancelof 2085 26 feet to the centerline of the Prospect Lateral and the Northwest corner of that parcel of land described in Deed recorded August 26, 1970 at Reception No 1553636 in the records of the Clerk and Recorder of Weld County, Colorado, thence South 10°31'41" East coincident with the West line of said parcel and the centerline of the Prospect Lateral, a distance of 502 06 feet to the beginning of a curve, concave to the Northwest, having a radius of 14186 feet and a central angle of 95°11'24", whose chord bears South 37°04'00" West, a distance of 209 50 feet, thence Southerly and South-westerly along the arc of said curve and coincident with said centerline, a distance of 235 68 feet to the Southwest corner of said parcel, thence North 88°59'44" East, coincident with the South line of said parcel and parallel with the North line of said Section 33, a distance of 574 98 feet to the East line of the NE1/4 of said Section 33, thence South 00°38'45" East, coincident with said East line, a distance of 711 33 feet, thence South 89°59'44" West, parallel with the North line of said Section 33, a distance of 524166 feet to the West line of the NW1/4 of said Section 33, thence North 00°25'52" West coincident with said West line, a distance of 137145 feet to the true point of beginning 1 I Parcel 2 A parcel of land located in Section 33, Township 1 North, Range 63 West of the 6th P M , County of Weld, State of Colorado, described as follows Considering the East line of the NE1/4 of said Section 33 to bear North 00°38'45" West being monumented on the North and South end by a 3/4" rebar with a 2 1/2" aluminum cap, PLS 12374, with all bearings contained herein relative thereto, Beginning at the West 1/4 corner of said Section 33, thence North 00°25'52" West, coincident with the West line of the NW1/4 of said Section 33,, a distance of 1266 30 feet, thence North 89°59'44" East, parallel with the North line of said Section 33, a distance of 5241 66 feet, thence to the East line of the NE1/4 of said Section 33, thence South 00°38'45" East, coincident with said East line, a distance of 1286 81 feet to the East 1/4 corner of said Section 33, thence South 01°15'01" East, coincident with the East line of the SE1/4 of said Section 33, a distance of 22 31 feet, thence South 88°59'44" West, parallel with the North line of said Section 33, a distance of 5246 80 feet to the West line of the SW1/4 of said Section 33, 4718794 05/25/2021 02 56 PM Page 3 of 3 thence North 00°25'52" West, coincident with said West line, a distance of 42 87 feet to the true point of beginning Parcel 3 A parcel of land located in the S1/2 of Section 33, Township 1 North, Range 63 West of the 6th P M , County of Weld, State of Colorado described as follows Considenng the East line of the NE1/4 of said Section 33 to bear North 00°38'45" West being monumented on the North and South end by a 3/4" rebar with a 2 1/2" aluminum cap, PLS 12374, with all bearings contained herein relative thereto, Beginning at the Southwest corner of said Section 33, thence North 00°25'52" West, coincident with the West line of the SW1/4 of said Section 33, a distance of 1288 76 feet to the true point of beginning, thence continuing North 00°25'52" West, coincident with said West line, a distance of 1306 12 feet, thence North 88°59'44" East, parallel with the North line of said Section 33, a distance of 5246 80 feet to the East line of the SE1/4 of said Section 33, thence South 01°15'01" East, coincident with the East line of the SE1/4 of said Section 33, a distance of 1306 07 feet, thence South 88°59'44" West, parallel with the North line of said Section 33, a distance of 5265 48 feet to the true point of beginning Parcel 4 A parcel of land located in the S1/2 of Section 33)Township 1 North, Range 63 West of the 6th P M , County of Weld, State of Colorado, descnbed as follows Considenng the East line of the NE1/4 of said Section 33 to bear North 00°38'45" West being monumented on the North and South end by a 3/4" rebar with a 2 1/2" aluminum cap, PLS 12374, with all bearings contained herein relative thereto, Beginning at the Southwest corner of said Section 33, thence North 00°25'52" West, coincident with the West line of the SW1/4 of said Section 33, a distance of 1288 76 feet, thence North 88°59'44" East, parallel with the North line of said Section 33, a distance of 5265 48 feet to the East line of the SE1/4 of said Section 33;thence South 01°15'01" East, coincident with said East line, a distance of 1314 20 feet to the Southeast corner of said Section 33; thence South 89°16'24" West coincident with the South line of the SE1/4 of said Section 33, a distance of 2642 04 feet to the South 1/4 corner of said Section 33, thence continuing South 89°16'24" West, coincident with the South line of the SW1/4 of said Section 33, a distance of 55 77 feet to the North 1/4 corner of Section 4, Township 1 South, Range 63 West of the 6th P M , thence South 89°16'15" West, coincident with the South line of the SW1/4 of said Section 33, a distance of 2586 27 feet to the true point of beginning NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public heanng will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Budding, 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 heanng 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, pnor to the day of the heanng 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@w►eldgov.com. DATE. May 4, 2022 TIME 900am APPLICANT. Herbert Wagner, Jr Roland Wagner 174 County Road 65 Keenesburg, Colorado 80643 REQUEST: Partial Vacation of Four -Lot Corrected Recorded Exemption, RECX17-0152, for Removal of Lot D LEGAL DESCRIPTION: Lot D of Corrected Recorded Exemption, RECX17-0125, being part of the S1/2 of Section 33, Township 1 North, Range 63 West of the 6th P M , Weld County, Colorado LOCATION: - North of and adjacent to County Road 2, east of and adjacent to County Road 65 (See Legal Descnption for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 22, 2022 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Roland Wagner, Philip G Wagner, Herbert Wagner Jr and Katherine M Wagner RECX17-0125 Planner Ryder Reddick Legal Description: Being a part of the S2 of Section 33, T1 N, R63W of th'e 6th P M , Weld County, CO Parcel ID # 1477-33-3-00-010 Lot A Size +/- 5 acres Lot B Size ' +/- 5 acres Lot C Size +/-10 acres Lot D Size +/-138 acres Water Source Lot A Proposed Well Lot B Proposed Well Lot C Well Permits #68361 & #76000 Lot D Proposed Well Sewer System Lot A Proposed Septic Lot B Proposed Septic Lot C 2 Septic Permits #F19733436 & ,#G19860185 ' Lot D Proposed Septic Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan X 2 Compatible with the existing surrounding land uses X 3 Consistent with the intent of the zone district X 4 Consistent with efficient and orderly development i X 5 Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code I 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 Onsite Wastewater Treatment System regulations i 2 The applicant has proposed a well as the source of adequate water for Lot A, Lot B, Lot C and Lot 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 RECX17-0125 Page 1 of 7 3 Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc may limit the area available for a new or replacement septic system Pnor 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 4 Prior to recording the plat A Please provide the Conservation Reserve Program (CRP) Contract #10182F which consists of 86 1 acres to the weld County Planning Department if the CRP area called out in the contract is located over any portion of the existing home sites please provide additional documentation showing evidence that the area has been released from the CRP contract B In accordance with Section 23-3-30 L of the Weld County Code, "up to two (2) semi -trailers may be used as accessory storage on agricultural parcels not in an approved or recorded subdivision plat, or Lots which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District," without a zoning permit Photographic evidence from the site visit conducted on July 20, 2017 shows that there are currently four (4) semi -trailers being used stored on site on proposed Lot C Prior to recording the plat, up to two semi -trailers can be permitted on each individual lot Any more than two (2) semi -trailers per site must either be removed from the site and photographic evidence submitted showing they have been removed to the Department of Planning Services, or a Use by Special Review Permit would need to be applied for on one of the newly created lots for any more than two (2) semi -trailers to be allowed to stay on any one individual lot C In accordance with Section 23-3-30K of the Weld County Code, Two (2) cargo containers may be allowed on properties less the eighty (80) acres in size as accessory structures with appropriate building permits, when not on a Lot in an approved or recorded subdivision or a Lot which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions Photographic evidence from a site visit conducted on July 20, 2017 shows that there is currently a cargo container on the proposed Lot C site that currently doesn't have the appropriate building permit Prior to recording the plat, up to two (2) cargo Containers on the site can be permitted with the Weld County Buildina Department and if there are more than twn (2) cargo containers on the site the remainder must be removed from the proposed Lot C or a Use by Special Review (USR) Permit would need to be applied for, for any extra proposed cargo containers on the site D In 2008 a 16' X 72' single -wide mobile home was permitted though Permit #MFG08-00028 as the primary residence a stick built home was also permitted in 1973 through permit #F19733436 There is also a third home (double wide manufactured home on a block and tie) that was permitted by the BOCC in 2004 case number ZPMH-1197 as an Accessory to the Farm The applicant shall submit written evidence to the Weld County Department of Planning Services verifying that the occupant of the mobile home permitted by ZPMH-1197, for temporary accessory farm use, is pnncipally employed at or engaged in the farming operation on the subjeui pioperty in ducordame with Section 24-4-070 of the vveio County Coae Tne evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Weld County Department of Planning Services Failure to submit the required documentation may result in the cessation of the allowance of the mobile home for temporary accessory farm use E The applicant shall address the requirements (concerns) of the Colorado Division of Water Resources, as stated in the referral response dated August 8, 2017 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services R ECX 17-0125 Page 2 of 7 i I F The applicant shall address the requirements of Weld County School District RE -3J, as stated in the referral response dated August 18, 2017 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services G Lot A, Lot B and Lot C shall comply with the two and one=half (21/2) 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 H. 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 I 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 r nght-of-way , J 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 K If demolishing or removing an existing structure, specifically a mobile/modular home, please contact the Weld County Treasurer's office at 970-353-3845, to ensure that the taxes have been paid and that this structure is removed from the tax roll 5 Items to be included on the plat A The plat shall be titled Recorded Exemption No 1477-33-03 RECX17-0125 B The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number 1 C A 30 -foot -wide joint access and utility easement extending across Lot A and Lot B from County Road 67, for the benefit of Lots A and B, 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 D The applicant shall obtain an access permit from the, Weld County Department of Public Works All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point E County Road 65 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 nght- 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 nght; 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 67 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 nght- of-way at full buddout The applicant shall verify and delineate on the plat the existing right- of-way and the documents creating the existing nghtl of -way If the existing right-of-way cannot be venfied it shall be dedicated The applicant shall also delineate the physical location of the roadway This road is maintained by Weld County RECX17-0125 Page 3 of 7 G County Road 2 is an unmaintained section line nght-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 nght-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 H Show and label the section line Right -of -Way as "CR 2 Section Line Right -of -Way, not County maintained" t t 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 J 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 nght-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) 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 �1 ArrPcc nn the cap shall ha maintainori to mitirta any imn°rtc tO the public including damages and/or offsite tracking 4) Any future structures or uses on site must obtain the appropriate zoning and building permits 5) 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 6) 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 7) The Access will be utilizing unmaintained County nght-of-way Maintenance of the unmaintained County right-of-way will not be the responsibility of Weld County 8) All structures requiring building permits shall be located within an area that has been released from the CRP program 9) Evidence shall be submitted indicating land has been released from the CRP program prior to the release of building permits R ECX 17-0125 Page 4 of 7 I I 10) Pnor to the release of budding permits, the applicant shall submit a recorded deed describing the Lot upon which the budding permit is requested with the budding permit applications The legal description on such deed shall include the Lot designation and Recorded Exemption number 11) Prior to the release of budding permits, the applicant shall submit evidence to the Department of Planning Services that Lot A, Lot B and; Lot D have adequate water supplies of sufficient quality, quantity and dependability 12) Potential purchasers should be aware that Lot A and Lot B may not be eligible for a domestic well permit which allows for outside irngation and/or the watering of stock animals The State Division of Water Resourcesiissues all well permits 13) 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 pnor to consumption and periodically thereafter 14) 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 i 15) The property owner shall control noxious weeds I'on the site 16) The hrstoncal flow patterns and runoff amounts will be maintained on the site 17) All mobile homes as accessory farm uses are temporary Allowance of the mobile homes shall be extended only if the use continues to' be in conformance with the cntena established in Section 23-4-170 of the Weld County Code The mobile homes shall be removed from the property if the mobile home cannot be legally permitted for art approved use as listed in Chapter 23, Article IV, Division 3 of the Weld County Code 18) Budding permits shall be obtained prior to the construction of any building Buildings that meet the definition of an Ag Exempt Budding per the requirements of Section 29- 1-20 and Section 29-3-20 B 13 of the Weld County Code do not need budding 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 budding or water for watenng 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 Ito 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 RECX17-0125 Page 5 of 7 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 Agncultural 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 agncultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agncultural operations A concentration of miscellaneous agncultural 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 pnvate nuisance if the agncultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agncultural production Water has been, and continues to be, the lifeline for the agncultural 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 irngation ditches, lakes, or other structures, unless they have an adjudicated nght 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 lobs 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 ai lei la's may riot be cleared for several aays 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 RECX17-0125 Page 6 of 7 Hello