HomeMy WebLinkAbout20213016.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION,
RECX13-0122, FOR REMOVAL OF LOT D - RON AND TRINA ERBES
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 December 11, 2013, the Department of Planning Services approved
Four -Lot Recorded Exemption, RECX13-0122, creating parcels of 149.0 acres, 7.0 acres,
5.0 acres and 5.0 acres in size, more or less, and
WHEREAS, said property is located in the SW1/4 of Section 19 and part of the NW1/4 of
Section 30, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado, being
more particularly described as Recorded Exemption, RECX13-0122, and
WHEREAS, the Board has received a request from Ron and Trina Erbes, P.O. Box 1810,
Greeley, Colorado 80632-1810, to vacate Lot D of Recorded Exemption, RECX13-0122, which
was recorded April 14, 2014, at Reception #4011671 in the records of the Weld County Clerk
and Recorder, and
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
WHEREAS, any persons owning dedicated and recorded easements and rights -of -way
crossing the parcels to be vacated, if any, may continue such use after formal vacation by Weld
County.
4773485 Pages: 1 of 2
11/05/2021 10:54 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder • Weld County , CO
Dui INF.��a �JICIAI ��:� K
CC: PI.CTP/As),CACg14.),
APPL, PtPPL ReP,
3/3/22
2021-3016
RECX13-0122
PARTIAL VACATION OF RECX13-0122 FOR REMOVAL OF LOT D - RON AND TRINA ERBES
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Recorded Exemption, RECX13-0122, be, and hereby is, partially vacated
to remove Lot D.
BE IT FURTHER RESOLVED by the Board that any persons owning dedicated and
recorded easements and rights -of -way crossing the parcels to be vacated, if any, shall not be
affected by this vacation authorized herein, unless reflected differently on the recorded partial
vacation plat.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to record this Resolution in the records of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: did:Met) JC.Lto• `�� - yam —
Steve iv1oreno,Chair
Weld County Clerk to the Board
BY:
APP
SEd)Ct K. James, Pro-Tem
to the Board EXCUSED
County Attorney
Date of signature: I I X02-/
4773485 Pages: 2 of 2
11/05/2021 10:54 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
VIII I �.�l��lfi �'al4'If�Y� CL M�rw1 w I��ri k iI II
Perry L. Buck
Lori Sa.
2021-3016
RECX13-0122
TO:
FROM:
SUBJECT:
HEARING DATE:
APPLICANT:
LEGAL DESCRIPTION:
LOCATION:
PARCEL NUMBERS:
PARCEL SIZE:
ZONE DISTRICT:
NARRATIVE:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Angela Snyder, Planner II
Vacation of Lot D of RECX13-0122
TBD
Ron and Trina Erbes
Lot D of Recorded Exemption No. 0551-30-2 RECX13-0122, being a part of
Sections 19 and 30, T8N, R65W of the 6th P.M., Weld County, Colorado
South of and adjacent to County Rd 90, east of and adjacent to County Rd 37
0551-19-3-00-012 & 0551-30-2-00-011
+1- 162.862 acres
A (Agricultural)
The Department of Planning Services, on September 27, 2021, received the
attached letter from Loren Shanks, authorized agent for Ron and Trina Erbes,
requesting a partial vacation of the plat of Recorded Exemption RECX13-0122,
recorded April 14, 2014, reception #4011671, to remove Lot D. The resulting
parcel will be larger than thirty-five (35) acres.
Lots A, B and C share an easement that was created on the plat, but the
easement will not be affected by the vacation of Lot D. Lot D has a separate
access. There are several other pipeline easements on the property, but none
were created by the plat and so will not be affected by the request.
A draft vacation plat is also attached and requires minor adjustments prior to
recording. A metes and bounds description for the lot to be vacated will need to
be included on the plat.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved with the following conditions.
A. Prior to submitting the vacation plat for recording, the applicant shall:
1. Add a metes and bounds legal description for vacated parcel.
2. Update the title of the plat to "Vacation Plat of Lot D of Recorded Exemption No. 0551-30-
2 RECX13-0122"
2021-3016
Page 1 of 1
REC,7C13- D1ZZ
VACATION REQUEST LETTER
The purpose of this vacation request is to combine parcels 055130200011 and 055119300012 and
separate lot d from lot a, b, and c in recorded exemption recxl3-0122 for the purpose of splitting the
property into >35 acre parcels. The only improvements on this land are metal, open air structures for
cattle operations. Right of ways that may be affected are listed herein:
• Right of way easement as granted to Colorado Intergate Gas Company in instrument recorded
may 11, 2007, under reception no. 34753 14.
• Right of way easement as granted to Rocky Cliffs Pipeline Company in instrument recorded July
08, 2008, under reception no. 3564979.
• Right of way easement as granted to Saddlehorn Pipeline Company, LLC in instrument
recorded February 11, 2016, under reception no. 4180309. Affidavit of as -built pipeline
location and correction recorded June 15, 2017 under reception no. 4310653.
• Right of way easement as granted to NWC Development, LLC in instrument recorded may
10, 2018, under reception no. 4397841.
• Right of way easement as granted to NWC Development, LLC in instrument recorded
may 10, 2018, under reception no. 4397847.
• Right of way easement as granted to Cheyenne Connector Pipeline, Inc. in instrument
recorded October 10, 2018, under reception no. 4437539.
• Right of way easement as granted to NWC Development, LLC in instrument recorded
February 21, 2019, under reception no. 4468264.
• Right of way easement as granted to NWC Development, LLC in instrument recorded
February 21, 2019, under reception no. 4468265.
SURVEYOR'S NOTES
SURVEYOR'S CERTIFICATE
I, LOREN K. SHANKS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OE
COLORADO, DO HEREBY CERTIFY THAT THE SURVEY REPRESENTED BY THIS PLAT WAS
MADE UNDER MY PERSONAL SUPERVISION, AND THAT THIS PLAT IS AN ACCURATE
REPRESENTATION THEREOF. I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT
COMPLIES WITH ALL APPLICABLE RULES, REGULATIONS AND LAWS OF THE STATE OF
COLORADO, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND
PROFESSIONAL LAND SURVEYORS, AND WELD COUNTY.
LOREN K. SHANKS, COLORADO REGISTRATION NO. 28285
FOR AND ON BEHALF OF UINTAH ENGINEERING AND LAND SURVEYING, EEC.
PROPERTY OWNER'S CERTIFICATE
WE, THE UNDERSIGNED, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED
PROPERTY, DO HEREBY VACATE LOT D, RECX13-0122, TO BE NOW RECOGNIZED AS AN
UNPLATTED TRACT OF LAND.
BY BY
RONALD A ERBES TRINA L ERBES
STATE OF COLORADO
COUNTY OF
THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF , 20
MY COMMISSION EXPIRES
WITNESS MY HAND AND SEAL
NOTARY PUBLIC
BOARD OF COUNTY COMMISSIONERS - CERTIFICATE OF APPROVAL:
THIS VACATION PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF COLORADO.
WITNESS MY HAND AND THE CORPORATE SEAL OF WELD COUNTY THIS
DAY OF , 20
CHAIR, BOARD OF COUNTY COMMISSIONERS
ATTEST:
WELD COUNTY CLERK TO THE BOARD
BY:
DEPUTY CLERK TO THE BOARD DATE:
VICINITY MAP
SCALE: 1"=2000'
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WCR 90
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WCR 83
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LANDOWNER:
ROBERT DWIGHT &
DIANA KAYE OSBORNE
(#R0518701)
"NOT A PART"
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NW Car. Sec. 30,
Found 1990 .3 7/4"
Alum. Cap, LS22098,
0.5' Below Ground
LANDOWNER:
NORTH WELD COUNTY
WATER DISTRICT
(#R0518601)
"NOT A PART"
7-76-7889 Viewers appointed Bk. 5, P9. 250,
County Commissioner Book
70-9-1889 Road Declared Public Highway
Bk. 5, Pg. 290 County Commissioner Book,
Recorded Oct. 12, 1889, Bk. 48, Pg. 206,
County Clerk and Recorder,
Exemption /5
LANDOWNER:
RAMONA LIBSACK ET AL
(#M0067002)
"NOT A PART"
30'
W7/4 Con. Sec. 19,
Found 1997 2 1/2"
Alum. Cap L 512374,
0.5' Below Ground
N
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#27 B /22
183.80' (M)
183.80' (R1 & 02)
N89`58'41 "E
407.30' (M)
S90°00'00"W
407.30' (R1 & R2)
LOT A
RECX14- 0010
"NOT A PART"
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LOT A
RECX13-0122
"NOT A PART"
LOT B
RECX13-0122
"NOT A PART"
W1/4 Cor. Sec, JO,
Found 1995 5 7/4"
A/um. Cap, L57242, 41
0.3' Below Ground
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LOT C
RECX13-0122
"NOT A PART"
4/64.
VACATION PLAT OF LOT D OF RECORDED EXEMPTION RECXI3-0122
BEING PART OF SW1 /4 OF SECTION 19 AND PART OF THE NW1 /4 OF SECTION 30,
TOWNSHIP 8 NORTH, RANGE 65 WEST, 6TH P.M.,
WELD COUNTY, COLORADO
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RE 775
"NOT A PART"
7-5-1942 — 60' Wide Parcel Purchased
by Weld County to be used for Public
Highway Reception No. 88928
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4914,
LANDOWNER:
CITY OF THORNTON
(#R6783740)
"NOT A PART"
583`31'18"E _ 2857.17'
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_(M
2860' (R3) (R1 & R2?
39S 92 396 g2,
1651.37' (M)
1651.43' (R1, R2 & R3)
0
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N88°02'24"E - 2841.25' (R1 & 82)
2821' (83)
LOT D
155.4975 ACRES
X34
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07 50 Sal
& R3�
Exception #72
Exception #77
N51 °25'34"W
218.01' (M)
851°24'15"W
278.09' (R1, R2 & 83)
SW Cor. Sec. 30,
Found 2 1/2" Alum.
Cap in Monument
Box FL59644,
0.4' Below Ground
0
0
LEGEND OF SYMBOLS
& ABBREVIATIONS
US PUBLIC LAND SURVEY
SECTION CORNER
US PUBLIC LAND SURVEY
QUARTER SECTION CORNER
1168.75' (M)
1168.07' (R1 & R2)
LANDOWNER:
MILLER CATTLE
FEEDERS
(#R6765386)
"NOT A PART"
N7/4 Cor. Sec. 30,
Found 3 1/4" Alum.
'Cap, L 57242,
0.5' Below Ground -
`30.17' (M)/J
30.17' (R1 1 R2)
Exception #20
\5 A A 5
5 A A 5
�\
N
C1/4 Car. Sec. 30,
Found 2074 3 1/4"
Alum. Cap, LS7242,
Flush w/Ground
N88°19'30"W - 2820.12' (M)
N88°18'05'W - 2819.50' (81 & R2) -
N88°18'05"W - 2820'± (R3)
US PUBLIC LAND SURVEY
1 /1 6 SECTION CORNER
CORNER SET (24"x5/8" REBAR W/ YELLOW
PLASTIC CAP MARKED /28285 LS)
• CORNER FOUND
O DIMENSION CORNER ONLY
M MEASURED
LANDOWNER:
CITY OF THORNTON
(#R8945079)
"NOT A PART"
81
R2
R3
RECORD
RECORD
RECORD
SECTION
RECORDED
RECORDED
RECORDED
LINE
EXEMPTION
EXEMPTION
EXEMPTION
BOUNDARY LINE
ROAD RIGHT-OF-WAY
EASEMENT LINE
LOT LINE BEING VACATED
No. 0551-30-2
No. 0551-30-2
No. 0551-30-2
RECX14-0010
RECX13-0122
RE 775
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B)
C)
BEARINGS ARE REFERRED TO THE WEST LINE OF THE NW1/4 OF SECTION 30, TBN, R65W, 6th P.M., AS BEARING
N00°01'19"W (GIPS OBSERVATION). PROJECT HAS BEEN CHANGED TO CITY OF GREELEY CONTROL NETWORK.
RECORDED EASEMENT, RIGHTS —OF —WAY AND THE LEGAL DESCRIPTION ARE SHOWN PER LAND TITLE GUARANTEE
COMPANY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, ORDER No. FC25172669, EFFECTIVE DATED:
MARCH 03, 2021.
PER TITLE COMMITMENT, SUBJECT PROPERTY IS SUBJECT TO THE FOLLOWING SCHEDULE B-2 EXCEPTIONS:
0
0174 CD
Et" co
1. (a)UNPATENTED MINING CLAIMS; (6) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE
THEREOF; (c) WATER RIGHTS, CLAIMS OR TITLE TO WATER.
2. TAXES AND ASSESSMENTS FOR THE YEAR 2020 AND SUBSEQUENT YEARS.
3. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE
BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273.
(AS SHOWN)
4. RESERVATIONS BY THE UNION PACIFIC RAILROAD COMPANY COMPANY OF: (1) ALL OIL, COAL AND OTHER MINERALS
UNDERLYING SUBJECT PROPERTY, (2) THE EXCLUSIVE RIGHT TO PROSPECT FOR, MINE AND REMOVE OIL, COAL AND OTHER
MINERALS, AND (3) THE RIGHT OE INGRESS AND EGRESS AND REGRESS TO PROSPECT FOR, MINE AND REMOVE OIL, COAL
AND OTHER MINERALS, ALL AS CONTAINED IN DEED RECORDED AUGUST 25, 1908, IN BOOK 233 AT PAGE 162.
(NOT SURVEY RELATED)
5. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED
STATES PATENT RECORDED MAY 22, 1911, IN BOOK 335 AT PAGE 445. (NOT SURVEY RELATED)
6. TERMS, CONDITIONS AND PROVISIONS OF SURFACE USE AGREEMENT RECORDED OCTOBER 13, 1956 IN BOOK 1461 AT PAGE
590. (PARCEL BOUNDARY AS SHOWN SECTION 19)
7. RESERVATION OF ALL OF THE OIL, GAS AND OTHER MINERALS, SIMILAR OR DISSIMILAR, IN AND UNDER OR UPON SAID LAND,
AND THAT MAY BE PRODUCED THEREFROM, TOGETHER WITH RIGHTS OF INGRESS AND EGRESS FOR THE PURPOSES OF
PROSPECTING FOR, MINING, AND REMOVING THE SAME, AS RESERVED IN DEED RECORDED MAY 3, 1985 AT RECEPTION NO.
2008244. (NOT SURVEY RELATED)
8. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF RECORDED EXEMPTION NO.
0551-30-2 RE 775 RECORDED AUGUST 14, 1985 UNDER RECEPTION NO. 2020776.
(PORTION OF PARCEL BOUNDARY AS SHOWN)
9. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE WEST GREELEY SOIL
CONSERVATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED APRIL 27, 1989, UNDER RECEPTION NO. 2177731.
(NOT SURVEY RELATED)
10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF RECORDED EXEMPTION NO.
0551-30-2-851751 RECORDED SEPTEMBER 13, 1995 UNDER RECEPTION NO. 2455371. (LOT A, RE1751, NOT A PART)
11. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED MAY 28, 2002 UNDER
RECEPTION NO. 2954900. (NOT SURVEY RELATED)
12. RIGHT OF WAY EASEMENT AS GRANTED TO COLORADO INTERSTATE GAS COMPANY IN INSTRUMENT RECORDED MAY 11, 20D7,
UNDER RECEPTION NO. 3475314. (AS SHOWN)
13. RIGHT OF WAY EASEMENT AS GRANTED TO ROCKY CLIFFS PIPELINE COMPANY IN INSTRUMENT RECORDED JULY 08, 2008,
UNDER RECEPTION NO. 3564979. (NOT PLOTTABLE, NO EXHIBIT A RECORDED)
14. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE NORTHERN COLORADO WATER
CONSERVANCY DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED SEPTEMBER 29, 2010, UNDER RECEPTION NO. 3721790.
(NOT SURVEY RELATED)
15. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF RECORDED EXEMPTION
0551-30-2 RECX13-0122, RECORDED APRIL 4, 2014 AT RECEPTION NO. 4011671. (LOT D PARCEL BOUNDARY AS SHOWN)
16. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF RECORDED EXEMPTION
0551-30-2 RECX14-0010, RECORDED APRIL 4, 2014 AT RECEPTION NO. 4011672.
(PORTION OF PARCEL BOUNDARY AS SHOWN)
17. RIGHT OF WAY EASEMENT AS GRANTED TO SADDLEHORN PIPELINE COMPANY, LLC IN INSTRUMENT RECORDED FEBRUARY 11,
2016, UNDER RECEPTION NO. 4180309.
AFFIDAVIT OF AS -BUILT PIPELINE LOCATION AND CORRECTION RECORDED JUNE 15, 2017 UNDER RECEPTION NO. 4310653.
(AS SHOWN)
18. RIGHT OF WAY EASEMENT AS GRANTED TO NWC DEVELOPMENT, LLC IN INSTRUMENT RECORDED MAY 10, 2018, UNDER
RECEPTION NO. 4397841. (NOT PLOTTABLE)
19. RIGHT OF WAY EASEMENT AS GRANTED TO NWC DEVELOPMENT, LLC IN INSTRUMENT RECORDED MAY 10, 2018, UNDER
RECEPTION NO. 4397847. (NOT PLOTTABLE)
20. RIGHT OF WAY EASEMENT AS GRANTED TO CHEYENNE CONNECTOR PIPELINE, INC. IN INSTRUMENT RECORDED OCTOBER 10,
2018, UNDER RECEPTION NO. 4437539. (AS SHOWN)
21. RIGHT OF WAY EASEMENT AS GRANTED TO NWC DEVELOPMENT, LLC IN INSTRUMENT RECORDED FEBRUARY 21, 2019, UNDER
RECEPTION NO. 4468264. (AS SHOWN)
22. RIGHT OF WAY EASEMENT AS GRANTED TO NWC DEVELOPMENT, LLC IN INSTRUMENT RECORDED FEBRUARY 21, 2019, UNDER
RECEPTION NO. 4468265. (AS SHOWN)
23. ONE HALE INTEREST IN ALL MINERALS, OIL, AND GAS AND/OR MINERAL, OIL, AND GAS RIGHTS AS RESERVED IN GENERAL
WARRANTY DEED RECORDED MARCH 3, 2020 UNDER RECEPTION NO. 4571731. (NOT SURVEY RELATED)
CERTIFICATE
I, LOREN K. SHANKS, A DULY REGISTERED PROFESSIONAL LAND
SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT
THIS VACATION PLAT REFLECTS THE RESULTS OF A SURVEY MADE
UNDER MY DIRECT RESPONSIBILITY, SUPERVISION AND CHECKING
IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 38-51-106,
CRS., AS AMENDED, AND IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
REGISTERED LAND SURVEYOR
REGISTRATION NO. 28285
STATE OF COLORADO
RON ERBES
SECTIONS 19 & 30, T8N, R65W, 6th P.M.,
WELD COUNTY, COLORADO
SURVEYED BY:
J.C.
06-10-2021
DRAWN BY:
B.L.B.
06-23-21
PROJECT:
ERB01-21-0001 WD2
FILE:
E-9965
SCALE:
1" = 200'
SHEET:
1 OF 1
"44.
U I NTAI-I
UELS, LLC
Regional Office * 3313 35th Avenue, Suite B
Evans, Co 80620 * (970) 506-1544
Corporate Office * 85 South 200 East
Vernal, UT 84078 * (435) 789-1017
VACATION PLAT
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 25, 2021
TIME: 9:00 a.m.
APPLICANT:
Ron and Trina Erbes
P.O. Box 1810
Greeley, Colorado 80632-1810
REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX13-0122, for Removal of
Lot D
LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX13-0122; being a part of the SW1/4
of Section 19 and part of the NW1/4 of Section 30, Township 8 North, Range 65 West of the 6th
P.M., Weld County, Colorado
LOCATION: South of and adjacent to County Road 90; east of and adjacent to County Road 37
(See Legal Description for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 14, 2021
_I.
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mg
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a
a
PROPERTY OWNERS
PARTIAL VACATION OF RECX13-O122
Company
ERBES RONALD AND TRINA
BEATH MARK AND CONWAY TRISHA
JONES MARVIN AND BE Y C/O ANGEL VION
LIBSACK RAMONA AND LIBSACK KRISTI AND PATRICK
NORTH WELD COUNTY WATER DISTRICT
OSBORNE ROBERT AND DIANE
Address 1
PO BOX 1810
43558 COUNTY ROAD 37
5201 HIALEAH DR
43747 COUNTY ROAD 37
PO BOX 56
43997 COUNTY ROAD 37
City
GREELEY
PIERCE
WINDSOR
PIERCE
LUCERNE
PIERCE
State
CO
CO
CO
CO
CO
CO
Postal Code
80632-1810
80650-9101
80550-1101
80650-9111
80646-0056
80650-9101
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 RECX13-0122, in the United States Mail, postage prepaid First Class Mail as listed above.
Dated the 14th day of October, 2021.
c_>( flit LxDcnu3i ck
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service"
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com ` .
Certified Mail Fee
$
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
❑ Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
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PS Form 3800, April 2015 PS.V 7530-02-000-9047
See Reverse for Instructions
COMPLETE THIS SECTION
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Domestic Return Receipt
PS Form 3811, July 2015 PSN 7530-02-000-9053
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/30/2021
1:52:35 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 # 055130200008
LietreegtA
U)ciuu c �
101 14 12i
Signature
Date
Account
Parcel
Owner
Mailing
Address
R6786672
055119300012
'
ERBES
TRINA
L
R6786672
055119300012
.
ERBES
RONALD
A
PO
GREELEY,
BOX
1810
CO 806321810
M8947076
055130200007
'
JONES
BETTY
A
R6786667
055130200007
,
JONES
BETTY
A
M8947076
055130200007
/
JONES
MARVIN
C
5201
WINDSOR,
HIALEAH
CO
DR
805501101
R6786667
055130200007
•
JONES
MARVIN
C
C/O
5201
WINDSOR,
ANGEL
HIALEAH
VION
CO
DR
805501101
R6786668
055130200008
-
ERBES
RONALD
A
PO
GREELEY,
BOX
1810
CO 806321810
R6786669
055130200009
/
ERBES
RONALD
A
PO
GREELEY,
BOX
1810
CO 806321810
M8944918
055130200010
'
ERBES
TRINA
L
Parcels: 12
Owner Records: 20
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/30/2021
1:52:35 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
idii4 I 2
Date
Property Owners Within 500 Feet of Parcel # 055130200008
Account
Parcel
Owner
Mailing
Address
R6786670
055130200010
ERBES
TRINA
L
M8944918
055130200010,
ERBES
RONALD
A
PO
GREELEY,
BOX
1810
CO 806321810
R6786670
055130200010
,,
ERBES
RONALD
A
PO
GREELEY,
BOX 1810
CO 806321810
R6786671
055130200011
/
ERBES
TRINA
L
R6786671
055130200011
/
ERBES
RONALD
A
PO
GREELEY,
BOX
1810
CO 806321810
R0638986
055325000032 '
LIBSACK
KRISTI
B
R0638986
055325000032 '-
LIBSACK
PATRICK
A
43747
PIERCE,
COUNTY
CO
806509111
ROAD
37
M0067002
0553250000327
LIBSACK
RAMONA
43747
PIERCE,
COUNTY
CO
806509111
ROAD
37
R0518601
055325000038 '
NORTH
WELD
COUNTY
DISTRICT
PO
LUCERNE,
BOX
56
CO 806460056
WATER
Parcels: 12
Owner Records: 20
Page 2of4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/30/2021
1:52:35 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.
iatttnt . 161 c I�
tbio4 i Signature
Date
Property Owners Within 500 Feet of Parcel # 055130200008
Account
Parcel
Owner
Mailing
Address
R0518701
055325000039 /
OSBORNE
DIANA
KAYE
R0518701
055325000039 /
OSBORNE
ROBERT
DWIGHT
43997
PIERCE,
COUNTY
CO
806509101
ROAD
37
Parcels: 12
Owner Records: 20 Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/30/2021
1:52:35 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 # 055130200008
Parcels: 12
Owner Records: 20
CAS
(b) 1
Signature
Date
Page 4of4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/30/2021
1:56:36 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
Date
Property Owners Within 500 Feet of Parcel # 055130200009
Account
Parcel
Owner
Mailing
Address
R0621786
055130000042
/CONWAY
TRISHA
L
R0621786
055130000042
1
BEATH
MARK
STERLING
43558
PIERCE,
COUNTY
CO
806509101
ROAD
37
M8947076
055130200007
JONES
BETTY
A
R6786667
055130200007
'
JONES
BETTY
A
M8947076
055130200007
i
JONES
MARVIN
C
5201
WINDSOR,
HIALEAH
CO
DR
805501101
R6786667
055130200007
7
JONES
MARVIN
C
C/O
5201
WINDSOR,
ANGEL
HIALEAH
VION
CO
DR
805501101
R6786668
055130200008
'
ERBES
RONALD
A
PO
GREELEY,
BOX
1810
CO 806321810
R6786669
055130200009
r
ERBES
RONALD
A
PO
GREELEY,
BOX
1810
CO 806321810
M8944918
055130200010
'
ERBES
TRINA
L
Parcels: 11
Owner Records: 18
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/30/2021
1:56:37 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 # 055130200009
• I,(�,tt,t) i r is
Signature
Date
Account
Parcel
Owner
Mailing
Address
R6786670
055130200010
-r
ERBES
TRINA
L
M8944918
055130200010
r
ERBES
RONALD
A
PO
GREELEY,
BOX
1810
CO 806321810
R6786670
055130200010
e
ERBES
RONALD
A
PO
GREELEY,
BOX
1810
CO 806321810
R6786671
055130200011
'
ERBES
TRINA
L
R6786671
055130200011
7
ERBES
RONALD
A
PO
GREELEY,
BOX
1810
CO 806321810
R0638986
055325000032 '
LIBSACK
KRISTI
B
R0638986
055325000032 7
LIBSACK
PATRICK
A
43747
PIERCE,
COUNTY
CO
806509111
ROAD
37
M0067002
055325000032 /
LIBSACK
RAMONA
43747
PIERCE,
COUNTY
CO
ROAD
37
806509111
R0518601
055325000038 '
NORTH
WELD
COUNTY
DISTRICT
PO
LUCERNE,
BOX
56
CO 806460056
WATER
Parcels: 11
Owner Records: 18
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/30/2021
1:56:37 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 # 055130200009
Parcels: 11
Owner Records: 18
kLLPt11
j//In, �1/-��(A 161 at_
ID 14 zi Signature
Date
Page 3 of 3
PLAT VACATION APPICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: VACATION PLAT OF LOT D OF RECORDED EXEMPTION RECX13-0122 S 19/30 T 8N R 65W
11 Complete Vacation (must include all lots) Fl Partial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number
D
055119300012
18.872
8, AS NOTED IN VACATION LETTER
D
055130200011
143.990
8, AS NOTED IN VACATION LETTER
Acreage Affected Easements
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: RON AND TINA ERBES
Company:
Phone #:
970-590-5906
Email: ECONST@CTOS.COM
Street Address: 43688 WCR 37
City/State/Zip Code: FIERCE / CO / 80650
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: LOREN SHANKS
Company: UINTAH - UELS, LLC
Phone #: 970-506-1544
Email: LSHANKS@UINTAHGROUP.COM
Street Address: 3313 35TH AVENUE, SUITE B
City/State/Zip Code: EVANS / CO / 80620
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. if an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or
subdivision exemption.
Signature: Owner or Authorized Agent
Signet , Owner or Authorized Agent D ate
o c,/ &-Tz.
Print: Owner or Authorized Agent
Print: Owner or Authorized Agent
7/20/2021
DEPARTMENT OF PLANNING AND BUILDING
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT
1555 NORTH 17TH AVENUE
GREELEY, CO 60631
AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS
AND SERVICES
RON ERBES LOREN SHANKS
I, (We), , give permission to
(Owner— please print)
(Applicant/Agent — please print)
to apply for any Planning, Building or Health Department permits or services on our behalf, for the property
located at:
LOT D OF RECORDED EXEMPTION RECX13-0122
PART 19 & 30 8 65
Legal Description: of Section , Township N, Range W
Subdivision Name: Lot Block
Property Owners Information:
970-590-5906
Phone:
Applicant/Agent Contact Information:
970-506-1544
Phone:
E-mail:
E -Mail:
ECONST@CTOS.COM
LSHANKS@UENTAHGROUP.COM
Email correspondence to be sent to: Owner ❑ Applicant/Agent ❑ Both ❑
Postal service correspondence to be sent to: (choose only one) Owner ❑ Applicant/Agent ❑
Additional Info:
Owner Signature:
Owner Signatur
PLAT VACATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
DEPARTMENT OF PLANNING SERVICES11555 1555 N. 17TH AVENUE, GREELEY, CO 80631
www.weldgov.com 970-400-61001 FAX 970-304-6498
APPLICATION SUBMITTAL REQUIREMENTS
X Application form. (See attached).
X Authorization form if applicant or authorized agent is different than owner. (See attached).
Incorporation documents if the owner is a business entity (LLC, etc.), or trust documents.
X Vacation Request Letter. The vacation request shall be submitted, in writing, to the Department of
Planning Services and shall be signed by all owners of the lot(s) to be vacated. The vacation
request letter shall describe the purpose of the vacation, any existing improvements, and any
easements or rights -of -way that may be affected.
X Deed or legal instrument identifying the applicant's interest in the property.
X Draft exemption vacation plat meeting the following requirements:
1. The plat shall be titled "VACATION OF LOT [X] OF [original case title and number]"
2. The plat shall contain a complete and accurate metes and bounds or aliquot legal description
of the parcel that is vacated from the Recorded Exemption or Subdivision Exemption after the
vacation is effective.
3. The vacated parcel shall be labeled "VACATED ON [DATE] BY RESOLUTION [#] OF THE
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY."
4. In the case of a partial vacation, the plat shall depict all non -vacated lots as still existing within
the Recorded Exemption or Subdivision Exemption.
5. The plat shall contain the certificates found in Appendix 24-G of the Weld County Code:
A. PROPERTY OWNERS CERTIFICATE
I (We), the undersigned, being the sole owners in fee of the above described property, do
hereby [partially] vacate the land division plat of record, row recognized as an
unplatted tract of land.
Typed or printed name Typed or printed name
All signatures must be notarized in accordance with the Revised Uniform Law on
Notarial Acts, C. R. S. §24-21-501, et. seq.
B. BOARD OF COUNTY COMMISSIONERS APPROVAL
This vacation plat is approved by the Board of County Commissioners of Weld County,
State of Colorado.
Witness my hand and the corporate seal of Weld County this day of
20
CHAIR, BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board Date
7/20/2021
PLAT VACATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
CODE REQUIREMENTS
Sec. 24-11-50. Complete or partial vacation of recorded exemption or subdivision exemption.
A. A property owner may request a complete or partial vacation of an existing Recorded Exemption or Subdivision
Exemption through the procedures set forth in this Section. The vacation request shall be submitted, in writing, to the
Department of Planning Services and shall be signed by all owners of the lot(s) to be vacated. The vacation request
letter shall describe the purpose of the vacation, any existing improvements, and any easements or rights -of -way that
may be affected.
B. Complete vacations must include all lots created by the same exemption plat. 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 lot(s) within the same plat. Lots created by a plat that has been approved by the County
pursuant to Article 10 of this Chapter 24, Lot Line Adjustments, may be eligible for vacation if they were originally
created by exemption plat. No property resulting from the vacation may be left without access to a public road right-
of-way. No property resulting from the vacation may continue to use any access easement across other lots within
the exemption plat without the express consent of those lot owners.
C. The vacation request may be processed without any of the submission, referral or review requirements of Chapter
24. No sign posting or legal publication shall be required. No notice to surrounding property owners is required, except
for a partial vacation of only the largest lot, in which case notice shall be sent to the owners of all other lots within the
same exemption plat.
D. Upon receipt of the vacation request letter, the Planner will prepare a memorandum summarizing the vacation
request to be forwarded to the Clerk to the Board. Exemption vacations will be placed on the Board of County
Commissioners Agenda.
E. The owners of all lots within the affected exemption plat shall be notified of the hearing date, time and location via
Certified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing.
F. Prior to the hearing, the Clerk to the Board shall draft a Board Resolution setting forth the determination that the
Exemption plat is vacated. Record of such action and a copy of the Resolution will be kept in the files of the Clerk to
the Board.
G. In the event any easement is included in the vacation, the resolution may include a condition requiring the applicant
to provide evidence that the interests of the easement grantees are protected. Such evidence shall include a separate
document demonstrating that any easement created by the exemption plat is retained, has been replaced, or has
been relinquished or extinguished with the consent of all beneficiaries of the easement or by order of a court of
competent jurisdiction.
H. If the vacation request is approved by the Board of County Commissioners, an exemption vacation plat meeting
the requirements of subsection I of this section shall be submitted to the Department of Planning Services for
recording with the recording fee. The applicant shall submit a signed deed conveying the vacated property to himself
or herself. Such deed shall contain the metes and bounds or aliquot legal description from the plat. Upon receiving
all required signatures, the Department of Planning Services will record the plat and the deed. The vacation is
effective on the date of recordation of the plat with the Weld County Clerk and Recorder.
I. Exemption vacation plat requirements.
1. The plat shall be titled 'VACATION OF LOT [X] OF [RECX-XXX]"
2. The plat shall contain a complete and accurate metes and bounds or aliquot legal description of the parcel
that is vacated from the Recorded Exemption or Subdivision Exemption after the vacation is effective.
3. The vacated parcel shall be labeled "VACATED ON [DATE] BY RESOLUTION [#] OF THE BOARD OF
COUNTY COMMISSIONERS OF WELD COUNTY."
4. In the case of a partial vacation, the plat shall depict all non -vacated lots as still existing within the Recorded
Exemption or Subdivision Exemption.
5. The plat shall be signed by the owners of the vacated parcel and the Chair of the Board of County
Commissioners.
****************************************************
A copy of the Weld County Code is available online at www.weldgov.com (Useful Links > Weld County Code).
7/20/2021
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Louie Fabrizius and Stanley
Heinze
RECX13-0122
Planner: D. Aungst
Legal
Description:
Part
of the NW4 of Section 80, T8N, R65W of the 6th P.M., Weld County, CO
Parcel ID #:
0551-30-0-00-047
Lot A Size:
+/- 5.00 acres
Lot B Size:
+1- 5 acres
.
Lot C Size:
+1- 7.00 acres
Lot
D Size:
+1- 149.00 acres
Water
Source:
Lot
Lot
Lot
Lot
A: Proposed NWCWD tap
B: Proposed NWCWD tap
C: Proposed NWCWD
D: NWCWD meter #2122
tap
Sewer System:
Lot
Lot
Lot
Lot
A: Proposed septic
B: Proposed septic
C: Proposed septic
D: Proposed septic
Criteria Checklist
Yes No
X ? Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district
X 4. Consistent with efficient and orderly development
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
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 the proposed home septic systems and shall be
installed according to the Weld County Individual Sewage Disposal Regulations.
2. The West Greeley Soil Conservation District has provided information regarding the soils on the
site. The applicant shall review the information and use it to positively manage on site soils.
RECX13-0122
Page 1 of 5
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. Prior 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. 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.
5. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0551-30-2 RECX13-0122.
B. County Road 90 is designated on the Weld County Road Classification Plan as a collector
road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-
of-way. An additional 10 feet shall be delineated on the plat as future County Road 90 right-
of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County.
C. County Road 37 is designated on the Weld County Road Classification Plan as a local gravel
road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way and this information shall
be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld
County.
D. Show the approved access on the plat and label it with the approved access permit number
(AP13-00386). This shall be an internal road with one shared access point for Lots Al B, and
C.
E. Show and label the access easement for Lots A, B and C.
F. Lots Al B, and C shall comply with the one (1) acre net minimum lot size required by Section
24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved
road right-of-way.
G. Lot D shall comply with the one -hundred twenty (120) acre net minimum lot size required by
Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include
reserved road right-of-way.
H. The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be
indicated in accordance with Section 23-3-50.E of the Weld County Code.
6. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
RECx13-0122
Page 2 of 5
*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 twenty -five-foot radius of any plugged or abandoned
oil and gas well. Any construction within a two -hundred -foot radius of any tank battery
or one -hundred -fifty -foot radius of any wellhead shall require a variance from the
terms of this Chapter in accordance with Subsection 23-6-10.C of this Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
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.
The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net in accordance with Section 24-8-40.P. of the Weld County Code.
Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots have an adequate water supply of
sufficient quality, quantity and dependability.
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 Chapter 15, Articles I and II of the Weld County Code.
7) Prior to the release of building permits 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.
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.
Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits,
however, a Certificate of Compliance must be filed with the Planning Department and
an electrical and/or plumbing permit is required for any electrical service to the
building or water for watering or washing of livestock or poultry.
10) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County Wide Road Impact Fee Program.
11) 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.
12) 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
RECX13-0122
Page 3of5
city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
7. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld
County Code. The applicant shall submit three (3) paper copies or one (1) electronic .pdf version
of the plat for preliminary approval to the Department of Planning Services. Upon approval of the
plat, the applicant shall submit a Mylar plat along with all other documentation required as
conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and
Recorder by the Department of Planning Services. The Mylar plat and additional requirements
shall be recorded within sixty (60) days from the date the administrative review was signed. The
applicant shall be responsible for paying the recording fee.
RECx13-0122
Page 4 of 5
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
9. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and ArcInfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps@co.weld.co.us.
10. If the exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time, for good cause shown, upon a
written request by the applicant.
By:
- ne __o_
' JArtAss29.3/4AsiLtuyak,
Diana Aungst - PlaYiner
Date: December 11, 2013
RECx13-0122
Page 5 of 5
4571731 03/03/2020 04:53 PM
Total Pages: 1 Rec Fee: $13.00 Doc Fee: $47.50
Carly Koppes - Clerk and Recorder, Weld County, CO
irg4
Land The
General Warranty Deed
Pursuant to C.R.S. 38-30-113(1)(a))
Slade Documentary Fee
Date: Maroh 03, 2020
$47.50
Grantor(s), STANLEY HEINZE AND LOUIS S. FABRIZIUS AND GINA 0. FABRIZIUS whose street address is 20574
COUNTY ROAD 80, Ault, CO 80610, City or Town of Ault, County of Weld and State of Colorado , for the consideration of
($475,000.00) —"Four Hundred Seventy Five Thousand and 001100 "" dollars, in hand paid, hereby sells) and convey(s) to
RONALD A. ERBES AND TRINA L. ERBES , as Joint Tenants whose street address is PO BOX 1810, Greeley, CO 80632, City or
Town of Greeley, County of Weld and State of Colorado, the following real property in the County of Weld and State of Colorado, to
wit;
LOT O, RECORDED EXEMPTION 055t-30-2 RECX13-0122, RECORDED APRIL 4, 2014 AT RECEPTION NO,. 4011671, BEING A
PART OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL
MERIDIAN AND A PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE
6TH PRINCIPAL MERIDIAN AND COUNTY OF WELD, STATE OF COLORADO
1/2 INTEREST IN ANY MINERAL RIGHTS (IF ANY)
also known by street and number as: VACANT LAND, PIERCE, CD 80650
with alf its appurtenances and warrant(s) the lit e to the same, subject to Statutory Exceptions -
Signed this day of March 03, 2020.
STANLEY HEINZE
LOU•1S'S. F,BRip45'•
ZIUS- •
State of Colorado
County of WELD
)ss.
The foregoing instrument was acknowledged before me on this day of March 3rd, 2020 by STANLEY HEINZE AND LOUIS S.
FABRIZJUS AND GINA O. FABRIZIUS
Witness my hand and ofical seal
My Commission expires! E.- 4
Notary Pu
JUSTINE HOFF
NOTARY PL LIC
STATE. OF COLORADO
NOTARY !D 2c:'4i.i0R3.'
tor; commiSSlOh' E=XPIRES J:J Alai' 7, 2{)23
When recorded return to: RONALD A. ERBES AND TRINA L. ERBES
PO BOX 1810, Greeley, CO 80632
Form 1089 closing!deeds/statulory/wdystatutory.html
25172669
(100030911)
II I I IIIIIII 1111111 iii III III
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