HomeMy WebLinkAbout20222768.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -3148,
FOR REMOVAL OF LOT B - RONALD AND LAURA NAUTA
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on August 16, 2001, the Department of Planning Services approved Two -Lot
Recorded Exemption, RE -3148, and
WHEREAS, the Board has received a request from the current property owners,
Ronald and Laura Nauta, 8251 County Road 98, Nunn, Colorado 80648-9752, to vacate Lot B of
Recorded Exemption, RE -3147, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RE -3148; being part
of the W1/2 SW1/4 of Section 33, Township 9 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 existing easements are affected by this vacation of Lot B of RE -3148.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Ronald and Laura Nauta, for Partial Vacation of Two -Lot
Recorded Exemption, RE -3148, 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.
4858721 Pages: 1 of 2 rp /DA� APPL
�,
10/03/2022 10:10 AM R Fee:$0.00
$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO CC ; 9L(/MN
11111 PAP Wilak ill ti«� Li, 111111 to /3 /22
2022-2768
RE -3148
PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -3148, FOR REMOVAL OF
LOT B — RONALD AND LAURA NAUTA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of October, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di6{44) vk
Weld County Clerk to the Board
ountyA ..''ey
Date of signature: 10/3/22
4858721 Pages: 2 of 2
10/03/2022 10:10 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
!Li MINN,LY����Lh''G4irw�:' II
tt K. James, Chair
2022-2768
RE -3148
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Diana Aungst, Planner II
SUBJECT: Vacation of Lot B of Recorded Exemption 0453-33-3 RE -3148
HEARING DATE: October 3, 2022
APPLICANT/OWNER: Ronald and Laura Nauta
LEGAL Lot B of Recorded Exemption RE -3148, being a part of the W2SW4 of Section
DESCRIPTION: 33, T9N, R67W of the 6. P.M., Weld County, Colorado
LOCATION: North of and adjacent to CR 98 section line and east of and adjacent to CR 17
section line
PARCEL SIZE: +/- 72-05 acres PARCEL NUMBER: 0453-33-3-00-019
ZONE DISTRICT: A (Agricultural)
NARRATIVE:
On September 6, 2022, the Department of Planning Services received the attached vacation request letter
signed by Mr. Ronald Nauta requesting a partial vacation of the plat of Recorded Exemption RE -3148,
recorded September 12, 2001, under reception #2883060 to vacate Lot B.
There is a 15 -foot access and utility easement for the benefit of Lot B of RE -3148 and Lot B of RE -3149
which will remain on the vacated Lot B.
The Lot A of RE -3148 was split via RE -4691 which was recorded on January 11, 2008, under reception
#3528516. New Lot A of RE -4691 is owned by Danial Sheneman and new Lot B of RE -4691 is owned by
Michael and Sarah Nothnagel. These lots are not a part of this request. Lots A and B of RE -4691 were
created from Lot A of RE -3148 and therefore the current owners are being notified of this Partial Vacation.
Notice to these two property owners was sent at least ten (10) days prior to the hearing by the Clerk to the
Board.
Lots A and B of RE -4691 are adjacent to CR 17 right-of-way, an un-maintained right-of-way. Lot B, the
subject property adjacent to CR 98 and CR 17 rights -of -way. Both of these rights -of -way are not County
maintained the closest County maintained road is CR 19 so the access point will be located off of CR 19
about one mile to the east.
The resulting parcel will be larger than thirty-five (35) acres.
A draft vacation plat is also attached and requires minor revisions prior to recording. A metes and bounds
description for the lot to be vacated has been included on the draft vacation 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."
2022-2768
1013 Page 1 of 2
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50.A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat map.
Section 24-11-50.6 of the Weld County Code, states, in part, "Partial vacations 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 lots withing the same plat."
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved for the following reasons:
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 existing easements are affected by this vacation of Lot B of RE -3148.
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owners and shall be submitted for recording with the recording fee to the Department
of Planning Services. The vacation is in effect the date of recordation of the land survey plat with
the Weld County Clerk and Recorder.
Page 2 of 2
VACATION OF LOT B OF RECORDED EXEMPTION NO 0453-33-3 RE -3148
LMATE IN THE NEST HALF OF ME SOUMNEST QUARTER OF SECTION JJ TOYMSNIP 9 NORTH RANGE 6] WEST Of ME 6TH P. COUNTY OF WELD STATE
OF COLORA00
PROPERTY DESCRIPTION
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BOARD OF [OUNtt COMMISSIONERR APPROVAL
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���!au��!��!��i�!!�!"1!1!!N°"'!"IS RECORDED EXEMPTION No. 0453-33-3 RE -3148
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SITUATE IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 9 NORTH,
RANGE 67 WEST OF THE 6TH P M , COUNTY OF WELD, STATE OF COLORADO
INTERMILL LAND SURVEYING, INC
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RECORDED EXEMPTION No RE 3148
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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 3, 2022
TIME: 9:00 a.m.
APPLICANT:
Ronald and Laura Nauta
8251 County Road 98
Nunn, Colorado 80648-9752
REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RE -3148, for Removal of Lot B
LEGAL DESCRIPTION: Lot B of Recorded Exemption, RE -3148; being part of the W1/2 SW1/4
of Section 33, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to County Road 98 section line; east of and adjacent to
County Road 17 section line (See Legal Description for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 22, 2022
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RE -3148
Owner
RONALD AND LAURA NAUTA
DANIAL SHENEMAN
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8251 COUNTY ROAD 98
48488 COUNTY ROAD 17
MICHAEL AND SARAH NOTHNAGEL 48442 COUNTY ROAD 17
City
NUNN
NUNN
State Zip
CO 80648-9752
CO 80648-9753
NUNN CO 80648-9753
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification
requirements of Weld County for Partial Vacation of Recorded Exemption, RE -3148, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 22nd day of September, 2022.
11 a tt c (,,r)
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service"'
CERTIFIED MAIL° RECEIPT
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See Reverse for Instructions
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/14/2022
1:57:15 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Signature
61/H17-2
Date
Property Owners Within 500 Feet of Parcel # 045333300019
Account
Parcel
Owner
Mailing Address
R0319786
045332000005
BOND IRENE
26421 COUNTY ROAD 388
KERSEY, CO 806449611
R2659504
045333201006
MEINERS JULEE K
R2659504
045333201006
MEINERS LANCE E B
11065 HURON ST UNIT 1304
NORTHGLENN, CO 802344371
R1102902
045333300019
Lb -r U
"R`G-31
NAUTA LAURA JEAN
R1102902
045333300019
'if.- s ILI-8
NAUTA RONALD LEE
8251 COUNTY ROAD 98
NUNN, CO 806489752
R1361702
045333300020
COMSTOCK JASON
R1361702
045333300020
JENSEN JERI
8261 COUNTY ROAD 98
NUNN, CO 806489752
R4962408
045333300022
UNGEHEUER JUSTIN
R4962408
045333300022
DAHL JASI L
8271 COUNTY ROAD 98
NUNN, CO 806489752
Parcels: 11
Owner Records: 17
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/14/2022
1:57:15 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.
OltTCHlt tki) C
I� t I Z Z Signature
Date
Property Owners Within 500 Feet of Parcel # 045333300019
Account
Parcel
Owner
Mailing Address
R5222608
045333300024
"n E,- 4(,(c 1
SHENEMAN DANIAL M
48488 COUNTY ROAD 17
NUNN, CO 806489753
R5222708
045333300025
Vol- B V
NOTHNAGEL MICHAEL D
R5222708
045333300025
1.O} -5 '42
-Rf.- 'i(ycil
NOTHNAGEL SARAH S
48442 COUNTY ROAD 17
NUNN, CO 806489753
R8057599
055504000014
LATHA ANIREDDY P
R8057599
055504000014
REDDY A S N
3234 TALIESIN WAY
FORT COLLINS, CO 805249374
R0916801
055504000015
BAIRD DINA MARIE
917 KANSAS AVE
BERTHOUD, CO 805131441
R0916901
055504000016
BAIRD DINA MARIE
917 KANSAS AVE
BERTHOUD, CO 805131441
R4855707
055505100017
HAMMONS CHAD
7699 COUNTY ROAD 96
WELLINGTON, CO 805492201 •
roraverl Lo -f / -3f4
Parcels: 11
Owner Records: 17
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/14/2022
1:57:15 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 # 045333300019
Parcels: 11
Owner Records: 17
-1 uti)
nh4177
Signature
Date
Page 3 of 3
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED: ' j/ z. ja /ZZ_
PLANNER ASSIGNED: M -
PLAT INFORMATION
Title of plat to be vacated: R F - 3 Ii 8 s T , R 47
['Complete Vacation (must include all lots)KPartial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number Acreage Affected Easements
Q
0S5 3333 °Co tai
72. 0'5 -
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: a f4 id Lel z L due/4, Lehnl Ad ►.444A
Company:
Phone #: 176_ 544_ s [4 Email: pc, vt ( (er- � AO( . Co
Street Address: 2,2.3-i CQ "
City/State/Zip Code: N, N A 14 8O6cX q
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name:
Company:
Phone #: Email:
Street Address:
City/State/Zip Code:
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.
ature: weer or uthorized Agent Date igna ure: Owner or Authorized Agent Date
044 /' d(�� 44 714 Lzttim._ ►v O..Lt+cc..
Print: Owner or Authorized Agent Print Owner or Authorized Agent
7/20/2021
ille
COLORADO
COPY
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
PHONE (970) 353-6100, EXT.3540
FAX(970)304-6498
4.614446 Cienifead
Case Number kG " 3t j 48
Name: gratici 4 LA LR.A NJ y.,
VVCR Location: e;isi wc✓-ai. &;
NON-EXCLUSIVE LICENSE AGREEMENT
ITEMS REQUIRED FOR SUBMITTAL
I
V
One copy of Non -Exclusive License Agreement for the upgrade and maintenance of
Weld County right-of-way. This document shall be signed and sealed by a Colorado
Notary Public.
One 8 '/� inch by 11 inch map, graphically indicating the type of right-of-way/
easement; whether it is dedicated, private, or deeded to provide adequate access to
the parcel.
The applicant shall supply written documentation indicating the adjacent landowners
are aware that the section line will be used to access your property.
The applicant shall complete a Weld County Road Access Information Sheet.
The above information shall be submitted to the Weld County Department of Public
Works.
m:iwpfilesiogleisheiis/NEiA.wpd
-3
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE
AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
'ITU NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this,day
of as aoe+ , 2001, by and betweenWELD COUNTY, COLORADO, by and through the Board
of County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street,
Greeley, Colorado 80631, as First Party, and Em,
as Second Party.
5/ C a q kltuut Go V0la4c1-
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located Ai at
e 14-h �-,Q N d 47 w in Weld County, Colorado, and
r ¢',at c>F
WHEREAS, First Party purportedly is the owner of the right-of-way known as
test 2d II /1,, , d,d'a he.. ,f I r,-, lie' di„..i. „. asp and located as follows:
1;,, .f --r O1 h a Saf' dwety di ..-h.,, 0PN sec -1,0,4" Af a in Weld
County, Colorado, which is heieinafter referred to as "RO' and
WHEREAS, ROW is currently not being maintained by First Party, and
WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its
sole expense in order to provide said more effective access.
NOW, THEREFORE, in consideration of the covenants contained herein and the
agreements of said Second party to beperformed hereunder, and upon the conditions herein
stated, First Party does grant to Second Party, its successors and assigns, a nonexclusive license
to upgrade and maintain ROW without gating or fencing across the same.
The conditions by which Second Parry may upgrade and maintain ROW are as follows:
1. First Ply retains the right to revoke this Nonexclusive License Agreement at any
time for any reason, but such revocation shall not prohibit Second Party's continued use of the
ROW for access to Second Party's property, to the extent that such continued use is consistent
with the right of the public to use the ROW. First Parry 4ha11 give Second Party written notice of
its intent to revoke this Nonexclusive License Agreement at least ninety (90) days prior to the
intended date of revocation. Such notice shall be sent to Second Party by Cezited Mail to its
address written above or served upon Second Party in accordance with the Colorado Rules of
Civil Procedure. Second Party eha11 have the duty of informing First Party of Second Party's.
change in address from his address written above.
Revised 5-24-01 Page 1 of 4
2. The upgrade and maintenance of ROW by Second Parry shall be done insuch
manner as reasonably prescribed by First Party, which manner shall include, but not be limited
to,.the following:
a. Second Party shall design and construct the ROW such that it is adequate for
Second Party's needs,
b. If the installation of a cross culvert is required through an existing drainage
pattern or ditch, Second Party shall be responsible to supply and install such
culvert, which shall be inspected by First Party to ensure adequacy of capacity,
strength, and length. Second Party shall be responsible to maintain the culvert
after its installation, including periodically cleaning the same.
c. If the installation of a cattle guard is required, Second Party shall be responsible to
supply and install such cattle guard, which shall meet County standards. Second
Party shall be responsible to maintain the cattle guard after its installation,
including periodically cleaning the same.
d. This Nonexclusive License Agreement does not grant the right to gate or fence
ROW for private use, but is intended to provide access to private property.
e.
W,
3. The upgrade and maintenance of the ROW by Second Party, including those items
set forth in Paragraph 1., above, or any other requirements stated by First Party, shall be at its
own expense and without the aid or use of Weld County funds. Second Party shall be
responsible for snow removal from ROW, if required to gain access, as part of the maintenance
responsibilities referred to herein.
4. Except for the negligence of First Party, Second Party shall indemnify and save
harmless First Party, its successors, assigns, employees, and agents from any damage or loss
sustained by them or any of them to the extent caused by Second Party's negligence with respect
to the upgrade and maintenance of the ROW.
5, Except for the negligence of First Party, Second Party agrees to protect First Party
and save and hold it harmless from any and all third party claims and damages that said upgrade
and maintenance may directly or indirectly cause to the extent attributable to the negligence of
Second Party. Second Party hereby releases First Party, its successors, assigns, employees, and
agents from any and all claims and damages of whatsoever character to property owned by
Second Party resulting from any act, either on the part of the First Party or on the part of any
third party. '
Revised 5-24-01 Page 2 of 4
6. Second Parry shall not assign any or all of its rights under this Nonexclusive
License Agreement without first obtaining written consent to such assignment from First Party,
which consent shall not be unreasonably withheld.
7. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth herein, and no oral
representation, promise, or consideration different from the terms herein contained shall be
binding on either party hereto, or its agents or employees. This Nonexclusive License
Agreement embodies all agreements between the parties hereto and there are no promises, terms,
conditions, or obligations referring to the subject matter whereof other than as contained herein.
8. If any term or provision of this Nonexclusive License Agreement, or the
application thereof to any person or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this Nonexclusive License Agreement, or the application of such
terms or provisions, to a person or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision of this Nonexclusive
License Agreement shall be deemed valid and enforceable to the extent permitted by law.
9. No portion of this Nonexclusive License Agreement shall be deemed to constitute
a waiver of any immunities the parties or their officers or employees may possess, nor shall any
portion of this Nonexclusive License Agreement be deemed to have created a duty of care which
did not previously e<ust with respect to any person not a party to this Nonexclusive License
Agreement.
10. It is expressly understood and agreed that the.enforcement of the terms and
conditions of this Nonexclusive License Agreement, and ail rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing_ in this
_Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by
any other person not included in this Nonexclusive License Agreement It is the express
intention of the undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Nonexclusive License Agreement shall be an incidental
beneficiary only.
11. First Party makes no guarantee or warranty as to the existence of ROW or,
assuming it does exist, as to whether or not ROW is reserved or dedicated for public use by First
Party.
12. Second Party agrees to contact all landowners owning land adjacent to ROW in
order to mitigate the potential impacts the road design, upgrade and maintenance of ROW may
have on such adjacent lands.
Revised 5-24-01 Page 3 of 4
It is mutually understood and agreed that this Nonexclusive License Agreementaand all
the terms and conditions hereof shall extend to and be binding upon the parties hereto, their
successors, and assigns.
EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
WELD COUNTY, COLORADO, by and
through the BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY,
COLORADO
ATTEST:
Clerk to the Board
By: By:
Deputy Clerk
SECOND PARTY:
_,,SUBSCRIBED AND SWORN to before me this day of
By Y 7/2o /Y. ./ y ./17217,42- .R/r f
WITNESS rnyhand and official seal
My commission expires: O7
Notary Public
/i/,,,2OOy
Revised 5-24-01 Page 4 of 4
, Chair
n
201,
Weld County Public Works Department
1111 H Street, P.O. Box 758, Greeley, CO 80632
Road File #
RE:
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET r
Date: /Z2.07
Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497
1. Applicant Name !lOna.../d 4 Ala cJ Phone 9 70 - fl 9 7— 310 3
Address ��S/ iuy. g. QS'
City Yf a vt rl State 06 Zip SBO Y g
2. Address or location of access W coeS 5 W' t by CI0. /I rv. as- c oN Cl f' m"
Section 33 Township Q'ti Range (a 7 W
Subdivision -- r- Block - Lot
Weld County Road # 17 Side of Road E Distance from nearest intersection y� M s
3. Is there an existing access to the property? Yes No X # of accesses
4. Proposed Use:
Lit Permanent I&' Residential/Agricultural 0 Industrial
❑ Temporary 0 Subdivision 0 Commercial 0 Other
5. Site Sketch
Legend for Access Description:
AGR = Agricultural
RES = Residential
0&G = Oil & Gas
D.R. = Ditch Road
= House
O = Shed or Outbuilding
Q.- lod
e
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert
Special Conditions
Size
Length
0 Installation authorized ❑ Information Insufficient
Reviewed By: Title:
m: wpfileslengineer\access
Jun 29 01 01:45p
p.3
APPENDIX B
Weld County Public wanks Department
1 I 1 t H Street, P.Q. Box 758, Greeley. CO 80632
Phone: (970 )3S6-4000, Est. 3750 Fax: (970) 304.4497
1. Applicant Name Ronald Nauto & Laura Nauta
Address 9248 0. Cour;Y 9(1. 14
Road file
RE: •
Other Case
Due:
Phase
City Pr f'p1'-na Seam C _Zip 80524
(970) 566-3147
Z, Address or location ducal WGl{ 98
Seetioa Tp Block
Subdivision
Lot
Weld County Road 1 Side of Road Distance from nearest intersection
3. is there an existing access to the property? Yes
4, Proposed Use:
O Permanent
O Temporary
No 4 of accesses
D Rrattdeatia&Agtieultural Cl CommerIndian-cial 0 Other
O Subdivision
5, Site Sketch
Legend far Access Desatipllan:
AG • Agricultural
RES - Residential
GAG Oil dt Gas
D.A. • Dhalt Road
OFFICE USE ONLY:
Road ADT
Road ADT
Dnuaage Regain Calven
Special Conditions
it
Date
Due
Accidents
Accidents
Data
Dace
Size Length
Reviewed By
C Installation authorized
00
Infotrnation Insufficient
Title;
7
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PROPOSED 10 AC.
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—
This is a PLANNING document onty.
NOT FOR CONSTRUCTION.
Refer to Civil Engineers or
Construction Document drawings.
ime
0 200 400
Scale: 1,400'
BQ'
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81.75*
PROPOSED 10 AC
EXEMPTION
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Site Plan
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Diana Aunast
From: Melissa King
Sent: Wednesday, September 7, 2022 11:09 AM
To: Diana Aungst; Jennifer Fuller; Dawn Anderson
Subject: RE: Partial Vacation of RE -3148
Follow Up Flag: Follow up
Flag Status: Flagged
Diana
This parcel has no direct access to a maintained county road. CR 19 is the closest. The vacation plat has to acknowledge
this. The status of the non-exclusive agreement — let me check with Dawn.
Thanks
M
Melissa J King, PE
Development Review Engineer
Department of Planning Services
Weld County
1555 North 17th Avenue
Greeley, CO 80631
(970) 400-3762
LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES
From: Diana Aungst <daungst@weldgov.com>
Sent: Tuesday, September 6, 2022 12:55 PM
To: Melissa King <mking@weldgov.com>; Jennifer Fuller <jfuller@weldgov.com>; Dawn Anderson
<d ra n d e rso n @ we ldgov. co m>
Subject: Partial Vacation of RE -3148
Hi all:
Another RE partial vacation. Please let me know if you have any concerns with easements or accesses.
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
0: 970-400-6100
Fax:970-304-6498
daunpstWweldgov. com
www.weldpov.com
4849453 08/18/2022 10:36 AM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes - Clerk and Recorder, Weld County , CO
GENERAL WARRANTY DEED
Doc Fee: $0.00
THIS DEED, Made this _113._ day of August, 2022, between
Ronald Lee Nauta and Laura Jean Nauta,
grantor, and
Ronald Lee Nauta and Laura Jean Nauta, as joint tenants
whose legal address is 8251 County Road 98, Nunn, CO 80648-9752,
grantees:
WITNESS, That the grantor, for and in consideration of the sum of Ten And No/100 Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and
by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns
forever, all the real property together with improvements, if any, situate, lying and being in the County of
Weld, State of COLORADO, described as follows:
Lot B of Recorded Exemption No. 0453-33-3 RE -3148, Recorded September 12, 2001 at Reception
No. 2883060, Being Part of The West 1/2 of The Southwest 1/4 of Section 33, Township 9 North,
Range 67 West of The 6th P.M.,
County of Weld, State of Colorado.
also known by street and number as 8251 County Road 98, Nunn, CO 80648-9752
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either
in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,
unto the grantees, their heirs and assigns forever. And the grantor, for themselves, their heirs _kid
personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirss,�
and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of then
premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance irn law;:
in fee simple, and has good right, full power and lawful authority' to grant, bargain, sell and convey the
same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or
nature soever, except for taxes for the current year, a lien but not yet due and payable, subject to statutory
exceptions as defined in CRS 38-30-113, revised.
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the
quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or
persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
Deed (General Warranty)
COD1268.doc / Updated: 07.05.22 Page 1
4849453 08/18/2022 10:36 AM
Page 2 of 2
GENERAL WARRANTY DEED
(continued)
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
GRANTOR:
Ronald Lee Nauta
Laura Jean Naut
State of Colorado }
}ss
County of Weld }
Ac9vst
The foregoing instrument was acknowledged before me this /Okday offer, 2022 by Ronald
Lee Nauta and Laura Jean Nauta known or identified to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same.
Notary. Public
My Commission Expires: t2- -
(SEAL)
MICHAEL ANTONIO KATALENIC
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184045161
MY COMMISSION EXPIRES DEC. 10, 2022
Deed (General Warranty)
COD1268.doc ! Updated: 07.05.22 Page 2
Wine
COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
CaPt)
Applicant:
Ronald
and
Laura
Nauta
I
RE
-3148
Planner:
ko
Legal
Description:
W2 SW4
Section
33, T9N.
R67W of
the 6TH
P.M.,
Weld
County,
CO
Parcel
ID
#: 0453
33 000006
Lot
C Size: n/a
Lot
B Size: 72+i- acres
Lot
A Size: 10+1-
acres
Water
Source:
Private
Well
Sewer System:
Septic•
Yes No
X
X
X
Criteria Checklist
1 Conforms with Chapter 22 of the Weld County Code
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 24-8-80 of the Weld County Code.
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.B.1 through 24-8-40.B.6 of the Weld County Code have been met. This
Recorded Exemption is approved with the following conditions in accordance with information submitted in
the application and the policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed
according to the Weld County Individual Sewage Disposal System (I S.D.S.) regulations.
The Applicant has proposed a well as the source of adequate water for Lot A and Lot B. 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.
3. Prior to recording the plat
1— A. The plat shall be titled: Recorded Exemption No. 0453-33-3 RE -3148
B. In accordance with Chapter 8, Article It of the Weld County Code, Lot A and Lot B 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. The road shall be graded and drained to provide all weather access. Accesses shall
be placed in such a location as to have adequate sight distance in both directions, shall not be
placed below the crest of a hill or where physical obstructions are present and shall be a
minimum distance of 75 feet from any intersecting County or State roadway.
C. Lot B shall use the existing agricultural / oil and gas / ditch road access points necessary for
agricultural operations as no additional accesses shall be granted.
D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld
County Department of Public Works to determine if a culvert is necessary at any approved road
access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld
• County's minimum size. If the applicant chooses to place a larger culvert please contact the
Weld County Department of Public Works to adequately size the culvert.
Weld County Road 17 and Weld County Road 98 are designated on the Weld County
Transportation Plan Map as a section line access. These roads are not maintained by Weld
County.
"\\\c4,-,:, F. The applicant shall complete a Nonexclusive License Agreement for the upgrade and
maintenance of Weld County Road 17 and Weld County Road 98 right-of-way.
The applicant shall demonstrate the ability to access Lot A from Weld County Road 17 or the
applicant shall move Lot A to a location that is accessible.
�3 H. The applicant shall attempt to address the requirements (concerns) of West Greeley soil
Conservation District, as stated in the referral response received July 24, 2001. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
— -_� I. The applicant shall address the requirements of Weld County School District RE -9 as stated in
the referral response received July 20, 2001. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
J. All vehicles located on the property must be operational with current license plates, be screened
from all adjacent properties and public rights of way, or be removed from the property. All other
items considered to be part of a noncommercial junkyard must also be removed from the
property or screened from adjacent properties and public rights -of -way.
— S K. The applicant shall provide the Weld County Department of Planning Services with a certificate
from the Weld County Treasurer showing no delinquent taxes exist for the original parcel.
L 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, 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 within a 150 -foot radius of any wellhead.
Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any
wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld
County Code.
' 2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
v 3) 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.
4) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A and/or Lot B have an adequate water supply
of sufficient quality, quantity and dependability.
---s 5) Prior to the release of building permits for any structure exceeding 3,600 square feet, the
applicant must comply with the,requirements of Appendix III -A of the Uniform Fire Code.
-' 6} 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 Section 15-1-10, Article I and II of the Weld County Code.
7) Recorded Exemptions on adjacent properties may raise the issue of compliance with the
intent of the Recorded Exemption Process. Approval of this Recorded Exemption does
not guarantee approval of future applications on adjacent properties.
8) Potential purchasers should be aware that Lot A 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.
---- 0) 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 there after.
X510) Prior to the release of building permits on Lot A or Lot B, the Lot owner shall verify with
the nearest Town/City or Sanitation District to determine the location of the nearest
sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists
within four hundred (400) feet of the property line and the sewer provider is willing to
serve the proposed structure, a septic permit cannot be granted by the Weld County
Department of Public Health and Environment. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services,
WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive
agricultural counties in the United States, ranking fifth in total market value of
agricultural products sold. The rural areas of Weld County 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 longstanding
agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area:
open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract
urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and
manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs
cannot simply be moved out of the way of residential development without threatening
the efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found
to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with
agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with mom 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 may be the private responsibility of the homeowners.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient that urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, 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. Parents are responsible for their children.
4. The applicant shall submit a Mylar plat and a paper copy of the Mylar plat to the Weld County
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 24-8-70 of the Weld County
Code. The plat shall be submitted within sixty (60) days from the date of approval by the Weld County
Department of Planning Services. The applicant shall be responsible for paying the recording fee.
5. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to the
Weld County Board of County Commissioners with a staff recommendation for denial.
By
Date August 16, 2001
Hello