HomeMy WebLinkAbout20210451.tiffEXHIBIT INVENTORY CONTROL SHEET
CASE ZPAG20-0033 - RACHEL CRAWFORD
Exhibit Submitted BV
Surrounding
Property Owner
A. Jeri Yarbrough
Surrounding
Property Owner
Keith and Katie
B. Tolison, K2 Ranch
Surrounding
Property Owner Jeri
C. Yarbrough
D.
E.
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
Tyler
Page # Description
2 1918 Easement Deed
3 Email in Response to Applicant (Dated 2/9/2021)
Emailed letter from Ms. Yarbrough's attorneys
Gregory J. Notarianni and Kevin McKay
6 (Dated March 15, 2021)
2021-0451
To
between
the said part /41 of the second part, - _heirs and assigns forever. And the said
_part_le of the first
heirs, executors and administrators, doh covenant, grant, bargain and agree to and with the said
heirs and assigns, that at the time of the ensealing and delivery of these presents_ _:_
My commission expires.
4
WARRANTY DEED RECORD. —For We by The C. F. Ikea& Bkak Book A Litho. Co., Denver, polo. 3398,
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cooP"I'
WARRANTY DEED
ittzc
STATE OF COLORADO, 1
COUNTY OF WELD, f�"
This Warranty Deed was filed for record
at q_S__o'clock.a• 11 f_ - 3..(....., 191$
By__.
Reoorder.
Deputy.
trhis Elee8,. Made this 204 day of__06-t e'er
in the year of our Lord one rousand nine hundred and.. fat
;1.fre_Ar nt, cry/
of the_ County of jigetcz,Y'^-4J
first part, ....
of the._ � County of
of_
DOLLARS, to the said part _ ..of the first part in hand paid by the said parts,* of the second
part, the receipt whereof is hereby confessed and acknowledged, ha.Z_granted, bargained, sold and
conveyed, and by these presents doppt/ grant, bargain, sell, convey and confirm unto the said
R!. _heirs and assigns forever, all the following part_ �' of the second part,______ .._ _ . g described
lotee___or parcel__R _of land, situate, lying and being in the
County of Weld and State of Colorado, to -wit:
aLiz--
EXHIBIT
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and State of Colorado, of the
-// ,t� ,_., and State of Colorado, of the second part:
WITNESSETH� That the said part_? of the first part, for and in consideration of the sum
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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 said part.(r_.__of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the.01.4...premises above bargained and described, with the appurtenances, unto
part, for_
part.' of the second part,.
well seised of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and
good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and
clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind _ it — mature soever:
and the above bargained premises, in the quiet and peaceable possession of the said part_.! of the second part,__________ ______heirs and assigns,
against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part. ___of the first part shall and
will WARRANT AND FOREVER DEFEND.
• IN WITNESS WHEREOF, The said part. __of the first part haa.. _hereunto set— �_ -.hand —_and seal._. ---_the day and
year first above written.
Signed, Sealed and Delivered in Presence of
•
tl. S. aS vE K,;r
S7AMPS Al 1 ACHED
[SEAL]
- --- - ._-. [SRAT j
[SEAL)
[SEAL]
STATE OF COLORADO,
..._ - COUNTY OF. ___AClGnutS2
4,
a Notary Public in and for `-`' _ aid ; _ County, in the State aforesaid, do hereby certify that.
who is personally known
to me to be the person._- _-_.whose name ____.ha_____subscn _subscn• ed to the_ _Deed, appeared before me this day in person and
acknowledged that __.... __signed, sealed and delivered the said instrument of writing as._._ ...... __free and voluntary act
for the uses and purposes therein set forth_
MED
Given under my hand and-Arta/IA-ea seal, th.
ateire /
ept
day of vU-1- -A. D. 19.1..x__
an-atiet(
Notary Public.
1�ii con.oe.o a±y
aoai- oysi
Diana Aungst
From:
Sent:
To:
Subject:
Keaton Crawford <keaton.m.crawford@gmail.com>
Tuesday, February 9, 2021 6:31 AM
Diana Aungst
Fwd: ZPAG Application Concerns
Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Diana,
know that we have some other things to address first, but I would appreciate it if you could include this email in the
exhibits for the continuation hearing, please.
Thank you so much!
Keaton Crawford
Forwarded message
From: KT2 Ranch <kt2ranch@gmail.com>
Date: Tue, Feb 9, 2021 at 5:12 AM
Subject: Re: ZPAG Application Concerns
To: Keaton Crawford <keaton.m.crawford@gmail.com>
Hi neighbor,
Thanks for the email. It's kind of difficult to know what's really going on in the neighborhood. Folks around here don't
communicate very well. Anyway, thanks for explaining a few miscommunications that were flying around. We would
love to come check out your operation.
Thanks, Keith & Katie Tolison
K2 Ranch
303-903-5475
Sent from my iPhone
On Feb 1, 2021, at 12:05 PM, Keaton Crawford <keaton.m.crawford@gmail.com>wrote:
Hello neighbor,
We got the letter that you sent to the county regarding your concerns about our
business and wanted to reach out to you in order to hopefully help mitigate some of
these concerns.
First of all, we want to allow you to better understand our goals with this business. Our
primary goal is to educate on the importance of animal welfare. A benefit of our
1
business would be the opportunity to educate our guests on the importance of
agriculture, farming and ranching. We believe that these are extremely important
sectors of our economy, and we are striving to bring more awareness to their
importance. Our family has a passion for animals, and what we can do to inspire the
community to make a difference.
We chose this property after doing our own significant research of what we could and
could not do on the property. One of the main considerations that we have accounted
for within what we are asking for with our business is the use by right allowances for
similar businesses within the neighborhood. This allows for up to 60 daily trips already
secured to be used by the property owners, without having to obtain any additional
permits. The code is copied below:
Sec. 23-3-20 - Uses allowed by right outside of subdivisions and historic townsites
A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum
number of ANIMAL UNITS or HOUSEHOLD PETS permitted in Section 23-3-
70.D below is not exceeded and traffic to and from the facility does not exceed
sixty (60) daily trips.
Within this research, we discovered the agritainment permit that would allow us to
maintain the integrity of the agricultural community, while incorporating our more unique
parts of our business as well. I have referenced the section of the code for Agritainment
below:
Sec. 23-3-35. - Uses allowed by permit outside of subdivisions and historic townsites.
AGRITAINMENT
, agriculture -related EVENT FACILITIES, AGRITOURISM. and
HUNTING LODGES permitted under Division 17 of Article IV of this Chapter.
We also want to alleviate any confusion on the parking and road situation with our
neighbor directly to the east. There is an easement in order to access our ,property, in
which we only intended to ever use for this use. We never had any intentions or plans of
ever using our neighbors property to park spectators. We are mortified that any
neighbors would think that we would be that disrespectful to be parking cars on anyone
else's property. We intend to uphold all of our responsibility and duties regarding this
business and our land use.
As a small business with an agricultural base, it is our belief that our business does not
deviate far from the use by right businesses (for example a horse boarding and training
facility) or other companies that operate within the area.
We have encouraged open communication with the surrounding neighbors from the
start of this process, and have been diligent about taking their concerns into
consideration. Early in 2020, well before our first county meeting we sent out letters to
the neighbors within 500 feet of our property with our contact information to encourage
communication and to try to answer questions that any surrounding neighbors might
have. Our plans for our business have significantly changed in order to attempt to
mitigate these concerns. We encourage you to reach out to us regarding any other
2
concerns, confusion or questions you may have, as we would love to ensure that your
voice is being heard
Thank you,
Keaton, Kill, and Rachel Crawford
I
EXHIBIT
GEOFFREY P. ANDERSON
GREGORY J. NOTARNIANNI
JOSHUA D. MCMAHON
KEVIN MCKAY
Anderson Notarianni
McMahon LLC
ATTORNEYS AT LAW
1331 17th STREET, SUITE 800
DENVER, COLORADO 80202
Telephone (303) 458-7117
March 15, 2021
VIA ENTAIL TO: jreid@anm-law.com
Weld County Board of County Commissioners
c/o Jessica Reid
1150 O Street
P.O. Box 758
Greeley, CO 80631
Re: Case No. ZPAG20-0033 (Application of Rachel Crawford)
Dear Commissioners:
c
1,746 7.1)-00.3.3
writer's e-mail address:
kmckay@anm-law.com
This letter is submitted on behalf of Jeri Yarbrough in response to Ms. Crawford's
application. Ms. Yarbrough's address is 14512 County Road 6, Fort Lupton. Ms. Yarbrough's
property is immediately to the east of the Crawford property.
In response to a Public Works question about access to the site, Ms. Crawford states in her -
application "[t]here is an existing driveway on an access easement between County Road 6 and
the site."
Our understanding is that Ms. Crawford and the County are relying on an exemption plat
i.e., Recorded Exemption No. 1471 -28 -1 -RE -3550, recorded on September- 12, 2003 in the Weld
County records at reception number 3106176, as authority for the Crawford's to use the easement
for access to their proposed business.
Ms. Yarbrough does not agree that the Crawford's have the right to use the access easement
for commercial purposes. The aforementioned exception plat contains an easement certificate
which reads:
We do hereby dedicate, for the benefit of Lot A that 30' access and utility
easement over Lot B as shown hereon for ingress and egress and utility purposes,
and do hereby dedicate, for the benefit of Lot B that 30' access easement over Lot
A as shown hereon for ingress and egress.
This easement runs with the land. Under Colorado law, an appurtenant easement
may not be used for the benefit of property other- than the dominant estate. Under the
express terms of the easement as set forth above, Lots A and B both are dominant estates.
Ms. Yarbrough is the owner of Lot B.
The Crawfords and their predecessors in title may have established a nght to use
the easement The Boaid of County Commissioneis has no jurisdiction to decide access
rights or to expand the use of an easement That jui isdiction and authority rests exclusively
with the Distnct Court
The Roper procedure foi the Crawfords to follow would be to file a quiet title action
with the Weld County District Court to request that the court adjudicate their rights with
respect to the easement
Ms Yarbrough respectfully requests that the Boaid deny the Crawford's
application until such time as a order issues from the distract court
Very truly yours,
l'io Auza,(,.
regory J Notananni Kevin McKay
Hello