HomeMy WebLinkAbout20253508 To Whom it May Concern,
I/We Charles McFarlin
(Name of Property Owner)
are writing to request the(complete/partial)vacation of Lot s A and B of
(Circle onc) (Insert Lot Designation)
Recorded Exemption No.0455-34-3 RECX19-0030
(Insert Recorded Exemption number)
?A 4 VI ADDLC JO & S
Print: Owner o ut orize ate Print: Owner or Authorized Agent Date
ig ure: Owner or Authorized Agent Signature: Owner or Authorized Agent
01/24 5
Vacation of Lots A and B of Recorded Exemption No 0455-34-3 RECX19-0030
king a part of the Soothwein Ital of Soction 34,Township 9 North,Renal:66 Wan of the Gth Principal Munition
County of Weld,State of Colorado
(hoot I cif 2)
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LEGAL DESCRIPTPN•OVERALL
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Charles McFarlin 1205 ORS Moines Avenue.LOveland ColOrifd0 B053, Recorded Exemption No.0455-34-3 RECX19-0030 Owe.. 15051,001 1 2
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Vacation of Lots A and B of Recorded Exemption No 0455-34-3 RECX19-0030
being a pen of the North 1/2 of the Southwest 1/4 of Section 34,Township 9 North,Raw 66 Waal of the 6th Pnneipul Mandan
County of Weld,State of Colorado
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- -—---- - GENERAL NOTES: PROPERTY OWNER'S CERTIFICATE. DEPARTMENT ADMINISTRATIVE REVIEW CERTIFICATE:E ARTMEM OF PLANNING SERVICES'ADMINI TRA
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RECOflOEO EXEMPTION NO.0450343 RECXI MOO
Plat Vacation Application
Recorded Exemptions & Subdivision Exemptions
Planning Department Use: Date Received.
Amount$ Case#Assigned:
Application Received By: Planner Assigned:
Plat Information
Title of plat to be vacated: Recorded Exemption No. 0455-34-3 RECX19-0030 S 34 T 9 R 66
El Complete Vacation (must include all lots)
❑ Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number Acreage Affected Easements
A 045534300003 34.83
B 045534300004 45.46
Property Owner(s) (Attach additional sheets if necessary.)
Name:Charles McFarlin
Company:n/a
Phone#: 970-590-2812 Email: nunnchas2@aol.com
Street Address:48436 COUNTY ROAD 31
City/State/Zip Code:Nunn/Colorado/80648
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent.)
Name:Zach Waddle
Company:PLS Corporation
Phone#: 970-669-2100 Email: zwaddle@piscorporation.com
Street Address: 1205 Des Moines Avenue
City/State/Zip Code:Loveland/Colorado/80537
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,or 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 t comply with the regulations for complete or partial vacation of recorded exemptions or subdivision
exem
--- 10161z5
Signatur er u orize Date Signature: Owner or Authorized Agent Date
�AC� 1tiS�Ffl D LE
Print Owner o uthorized Aged Print. Owner or Authorized Agent
01/24 3
Departments of Planning
, �!40'- Building, Development Review
and Environmental Health
rr, I r • — l 1402 North 17TM'Avenue
L r P.O. Box 758
=— G O N Greeley, CO 80632
Authorization Form
(We) Charles McFarlin , give permission to Zach Waddle
(Owner—please print) (Authorized Agent/Applicant—please print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at
(address or parcel number) below:
Parcel#045534300003 -and Parcel#045534300004
Legal Description: Part N-1/2 of SW-1/4 of Section 34 ,Township 9 N, Range 66 W
Subdivision Name: Recorded Exemption No. 0455-34-3 RECX19-0030 LotA&B Block n/a
Property Owners Information
Address 48436 COUNTY ROAD 31, Nunn Colorado,80648
Phone: 970-590-2812 E-mail: nunnchas2@aol.com
Authorized Agent/Applicant Contact Information:
Address• 1205 Des Moines Avenue,Loveland Colorado 80537
Phone: 970-669-2100 E-Mail: twaddle@plscorporation.com
Correspondence to be sent to: Owner X Authorized Agent/Applicant X by: Mail Email X
Additional Info:Authorization limited to Planning application for the complete vacation of RECX19-0030 only
I(We)hereby certify,under penalty of perjury and after carefully reading the entire contents of this document,
that the information stated above is true and correct to the best of my(our)knowledge.
CI,r'.AX o ( C6A,L Date q!I o 2s Date
Owner Signafure Owner Signature
Subscribed and sworn to before me this i.0 day of �iepf.(1.,hfr , 20 Z 5 by
(44r145 FurLi
My commission expires U f(/(1J2o7.-g C¢sa (Jveti,w,st
Notary Public
ISABELCHALONA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20244034513
MY COMMISSION EXPIRES 09/13/2028
01/24 4
Weld County Treasurer
Statement of Taxes Due
Account Number RS961686 Parcel 045534300004
Assessed To NICFARLIN CHARLES
PO BOX 97
NUNN,CO 80648-0097
Legal Description Situ.Address
PT S W 4 34-9-66 LOT B REC EXEMPT RECX 19-0030 48436 COUNTY ROAD 31 WELD
Your Tax lammed Pea Pamela BAMtsoe
Tax Charm
2024 $2,336.74 $70.10 $0.00 (52.406.84) $0.00
Total Tax Charge S0.00
Oramd Total Due as of 09/10/2025 S0.00
Tax Billed at 2024 Rates for Tax Area 0915-0915
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 15 9560000* S595.81 AG-DRY FARM LAND S5,715 $1,510
SCHOOL DIST RE9-AULT 33.1850000• St,239.13 AG-WASTE LAND $4 $10
NUNN FIRE 1.5410000 5132.22 FARM'RANCH 5345 S20
AIMS JUNIOR COLLEGE 6.3030000 5235.42 RESIDENCE-IMPS
HIGH PLAINS LIBRARY 3.1790000 SI 18.70 OTHER BLDGS.- $135,624 535,800
AGRICULTURAL
WESTGREELEY CONSERVATION D 0.4140000 SI5.46
Total S141,688 S37,340
Taxes Billed 2024 62 5300000 52,336.74
•Credit Levy
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE VvILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES:PERSONAL PROPERTY,REAL PROPERTY,AND MOBILE HOMES-AUGUST 1.
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS.PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH
Weld County Treasurer's Office
1400 N 17'"Avenue
t 1 a • PO Box 458
r - Greeley, CO 80632
p „ Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
kod-Cir S�gned�V� Date: O
gia2t2�
1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970)400-3290 Page 1 of 1
Weld County Treasurer
Statement of Taxes Due
Account Number R8961685 Panel 045534300003
Assessed To MCFARLIN CHARLES
PO BOX 97
NUNN.CO 80648-0097
Legal Description Situ"Address
PT SW4 34-9-66 LOT A REC EXEMPT RECX19-0030
Year Tax Interest Pam Payment' Balance
Tax Claris
2024 573.22 S2.93 $0.00 (S76.15) S0.00
Total Tax Charge $0.00
(rand Total Due as of 09/10/2025 $0.00
Tax Billed at 2024 Rates for Tax Area 0915-0915
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 15.9560000' S18.68 AG-DRY FARM LAND S4,379 SI,I60
SCHOOL DIST RE9-AULT 33 1850000' S38.82 AG-WASTE LAND S3 Sl0
NUNN FIRE 3.5410000 S4.14 Total $4,382 $1,170
AIMS JUNIOR COLLEGE 6.3050000 57.38
HIGH PLAINS LIBRARY 3.1790000 S3.72
WEST GREELEY CONSERVATION D 0.4140000 S0.48
Taxes Billed 2024 62.5800000 $73.22
•Credit Levy
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES:PERSONAL PROPERTY,REAL PROPERTY,AND MOBILE HOMES-AUGUST 1
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH
MITI Weld County Treasurer's Office
1400 N 170'Avenue
1 14 r . 1' PO Box 458
� Greeley, CO 80632
c v u ,, Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Signed:U ./0( f tAfIld"-Cr Date: O I( JO (22
1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
4986615 10/07/2024 10:47 AM
Total Pages: 2 Rec Fee: $18.00 Doc Fee: $38.60
Carly Koppes - Clerk and Recorder, Weld County , CO
CDOrder No.: 598-CS0616761-152
•
Doc Fee: $38.60
SPECIAL WARRANTY DEED
THIS DEED, Made this 4th day of October, 2024, between
The Lila A. Nietfeld Trust dated May 14,2002 and The Clayton C. Nietfeld Family Trust dated
January,2017
grantor(s), and
Charles McFarlin
whose legal address is /20 /y
Ul` "11 f to A I'1 (A 4
grantee(s);
WITNESS, That the grantor(s), for and in consideration of the sum of Three Hundred Eighty-Six
Thousand And No/100 Dollars (S386,000.00), 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 grantee(s), 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:
Parcel 2:
Lot A of Recorded Exemption No. 0455-34-3 RECX19-0030 being situate in the North Half of the
Southwest Quarter of Section 34, Township 9 North, Range 66 West of the 6th P.M., County of Weld,
State of Colorado.
Parcel 3:
The South half of the Southwest quarter of Section 34, Township 9 North, Range 66 West of the 6th P.M.,
County of Weld, State of Colorado.
also known by street and number as TBD CR 31, Nunn,CO 80648
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(s),
either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances 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.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,
unto the grantee(s), their heirs, and assigns forever. The grantor(s), for themselves, their heirs and
personal representatives or successors, does covenant and agree that they shall and will WARRANT
AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the
grantee(s), their heirs and assigns, against all and every person or persons claiming the whole or any part
thereof, by, through or under the grantor(s).
The singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF, the grantor(s)has executed this deed on the date set forth above.
GRANTOR:
The Lila A. Nietfeld Trust dated May 14, 2002
BY: &1A-4-f-1 5 NIA Ol/
Eileen S. Stirtz, Trustee,)�
The Clayton C. Nietfeld Family Trust dated January 7, 2017
By: ti
Eileen S. Stirtz, Truste
4986615 10/07/2024 10:47 AM
Page 2 of 2
EXHIBIT "A"
Legal Description
State of Colorado }
}ss
County of Larimer }
The foregoing instrument was acknowledged before me this 4th day of October, 2024, by Eileen S. Stirtz,
Trustee, of the The Lila A. Nietfeld Trust dated May 14, 2002 and The Clayton C. Nietfeld Family Trust
dated Ja),/ary 7, 7.
Not blic
NICOLt' .;CHAE FLR
NCtaiy PubtlL
y Commission Expires: Stnt,r(•t
N(tt uty U)N 19'03400.1221
2n26
(SEAL) 'III• L.(,Cxp„,,7, o t u(•
Deed(Speual Warranty-Legal)
C001296.doc/Updated: 03.23,23 Page 2
4551362 12/18/2019 01:22 PM
Total Pages: 9 Rec Fee: $53.00 Doc Fee: $17.50
Carly Koppes - Clerk and Recorder, Weld County, CO State Documentary Fee
Date
SPECIAL WARRANTY DEED
This Special Warranty Deed (this "Deed") is dated this 7 day of December, 2019,
between The Clayton C. Nietfeld Family Trust dated January 7, 2017, as to an undivided 50%
tenancy in common interest and the Lila A. Nietfeld Trust dated May 14, 2002, as to an undivided
50%tenancy in common interest("Grantor")and Charles McFarlin("Grantee").
WITNESSETH, that Grantor, for and in consideration of the sum of Ten and
No/100 Dollars ($10.00) and other consideration the receipt whereof is hereby confessed and
acknowledged by Grantor,has granted,bargained,sold and conveyed,and by these presents does
grant, bargain, sell, convey and confirm unto Grantee, all of that certain real property, situate,
lying and being in Weld County,State of Colorado,and more particularly described on Exhibit A
attached hereto (the "Property");however excluding therefrom and specifically reserving unto
Grantor,and their respective successors and assigns,all right title and interests (collectively the
"Retained Rights") in and to, by way of example and not limitation, all oil and gas, oil and gas
rights,minerals,mineral rights,mineral substances,mineral substances rights,coal,and coal rights
on, in, appurtenant or under the Property (collectively "Oil,Gas and Minerals"),to develop and
remove any and all Oil, Gas and Minerals by slant drilling, subterranean entry,or other means or
operations whether conducted on or under the surface,or by any other suitable means or methods
(collectively the "Development and Removal Rights") and/ or to including without limitation
the right to sell and/or lease the Retained Rights, the Oil, Gas and Minerals and/or the
Development and Removal Rights.
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 Grantor, either in law or equity, of, in and to the Property however
excluding therefrom and specifically reserving unto Grantor, and their respective successors
and assigns the Retained Rights, the Oil. Gas and Minerals and the Development and Removal
Rights;
SUBJECT TO the "Permitted Exceptions" attached hereto as Exhibit B;
TO HAVE AND TO HOLD the Property above bargained and described unto Grantee
forever (however excluding therefrom and specifically reserving unto Grantor, and their
respective successors and assigns the Retained Rights, the Oil, Gas and Minerals and the
Development and Removal Rights);
AND Grantor, covenants and agrees to and with Grantee, to warrant and defend
the quiet and peaceable possession of the Property'(however excluding therefrom and specifically
reserving unto Grantor,and their respective successors and assigns the Retained Rights,the Oil,
Gas and Minerals and the Development and Removal Rights), by Grantee, against every person
who lawfully claims the Property or any part thereof (however excluding therefrom and
specifically reserving unto Grantor, and their respective successors and assigns the Retained
Rights,the Oil,Gas and Minerals and the Development and Removal Rights)by,through or under
4551362 12/18/2019 01:22 PM
. .
Page 2 of 9
•
Grantor,but not otherwise subject to the Permitted Exceptions attached hereto as Exhibit B,and
incorporated herein by this reference.
IN WITNESS WHEREOF,Grantor and Grantee have executed this Special Warranty Deed
as of the day and year first written above.
GRANTOR:
The Clayton C.Nietfeld Family Trust The Lila A.Nietfeld Trust dated May 14,2002
dated January 7,2017
_ .
By: 'r.ii-ei". a• /2, ,q,-bei' L,,./.,, By:
Lila A.Nietfeld,Trustee . Lila A.Nietfeld,Trustee
P .
STATE OF ,\.. }
,4 ss.
COUNTY OF . i i 1 t,2.i t l)
...
The foregoing instrument was acknowledged before me this -. day of ; ' .1 t ( , .
20 .'1 by Lila A.Nietfeld as Trustee of The Clayton C. Nietfeld Family Trust dated January 7,
2017.
WITNESS my hand and official seal. , 1
M co ':4,-.r , •1 ..-..i. -Is ;,, i /IL i .1/ • i . i I i
•t.„:, 1 .7 ! I il 1 i '
ASHLEY E HENDRICKSON \1 ; ; , \, , I iA , /
Z•L' - My Comm Exp.October 20,2020 . .k.1 t 1 i, . ,' ,,,, i VI;! !
Notary Public •
STATE OF ' `... }
} ss.
COUNTY OF ; 1 `, \( ;‘ 1, 1 1 }
i ,ii
The foregoing instrument was acknowledged before me this . f day of 1 1 ; : ! . ,Ic, 0 by Lila A.
Nietfeld as Trustee of The Lila A.Nietfeld Trust dated May 14,2002.
WITNESS my hand and official seal.
I f' i )1 / I ,
\ .
! , ,I.
. , .
My commission expires: I t:/ i I. i .,) ( . i k , . i i i .:i i I ;•1 . .'
GatERAL NOTARY-State of Nebraska I
l' AsHLEY E HENDRICKSON
Comm.Exp.October 20,2020
---.._ My • : rliii i ; • ! • !. : . b
. • ,i 1 t,i
Notary Public
4551362 12/18/2019 01:22 PM
•
Page 3 of 9
GRANTEE
()i L)irtc4AL
Charles McFarlin
STATE OF e l(J'iC- (`, }
} ss.
COUNTY OF! .0 ILO }
C
The foregoing instrument was acknowledged before me this f�` day of J ,C ,20/ 9,
by Charles McFarlin
WITNESS my hand and official seal.
My commission expires: - L'
V.
Notary blic fy
NANCY A LOHR
NOTARY PUBLIC
STATE OF COLORADO •
NOTARY ID 19924008574
My Commission Expires July 18.2020
4551362 12/18/2019 01:22 PM
Page 4 of 9
Exhibit A to
Special Warranty Deed
Legal Description
LOT B,RECORDED EXEMPTION NO.0455-34-3 RECX19-0030,RECORDED AUGUST
8,2019 AT RECEPTION NO.4513030,BEING SITUATE IN THE NORTH HALF OF THIN,
SOUTHWEST QUARTER OF SECTION 34,TOWNSHIP 9 NORTH, RANGE 66 WEST
OF THE 6TH P.M.,COUNTY OF WELD,STATE OFCOLORADO •
4551362 12/18/2019 01:22 PM
Page 5 of 9
Exhibit B
to
Special Warranty Deed
Permitted Exceptions
1. TAXES OR SPECIAL ASSESSMENTS FOR THE YEAR 2019 AND SUBSEQUENT
YEARS,NOT YET DUE OR PAYABLE.
2, 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.
3. RIGHT OF WAY EASEMENT AS GRANTED TO COLORADO TELEPHONE
COMPANY IN INSTRUMENT RECORDED DECEMBER 22, 1906, IN BOOK
247 AT PAGE 578.
4. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE
AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES
PATENT RECORDED DECEMBER 13, 1917,IN BOOK 461 AT PAGE431.
5. DITCH RIGHT OF WAY AGREEMENT RECORDED JUNE 13, 1928 IN BOOK 849 AT
PAGE 149.
6. RIGHTS OF WAY FOR DITCHES, HIGHWAY AND TELEPHONE LINES
AS DISCLOSED BY DEED RECORDED SEPTEMBER 22, 1947 IN BOOK
1211 AT PAGE 525.
7. RIGHT OF WAY EASEMENT AS GRANTED TO COLRADO INTERSTATE GAS
COMPANY IN INSTRUMENT RECORDED JULY 11, 1955, IN BOOK 1424 AT
PAGE 103.
8. RIGHT OF WAY EASEMENT AS GRANTED TO NUNN TELEPHONE
COMPANY IN INSTRUMENT RECORDED OCTOBER 01, 1982, UNDER
RECEPTION NO. 1905252.
9. OIL AND GAS LEASE RECORDED APRIL 10,2007 UNDER RECEPTION
NO. 3467949 AND ANY AND ALLASSIGNMENTS THEREOF, OR
INTEREST THEREIN.
10. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS
EVIDENCED BY INSTRUMENT RECORDED JULY 12, 2016 UNDER
RECEPTION NO.4218393.
4551362 12/18/2019 01:22 PM
Page 6 of 9
11. OIL AND GAS LEASE RECORDED OCTOBER 06, 2016 UNDER
RECEPTION NO. 4243185 AND ANY AND ALL ASSIGNMENTS
THEREOF,OR INTEREST THEREIN.
12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS,
RESERVATIONS AND NOTES ON THE PLAT OF RECORDED
EXEMPTION NO.0455-34-3 RECX19-0030,RECORDED AUGUST 8,2019
AT RECEPTION NO.4513030.
13. THE FOLLOWING NOTICES PURSUANT TO CRS 9-1.5-103
CONCERNING UNDERGROUND FACILITIES HAVE BEEN FILED WITH
THE CLERK AND RECORDER:
(A) MOUNTAIN BELL TELEPHONE COMPANY,RECORDED OCTOBER
1, 1981 AT RECEPTION NO.1870705_
(B) WESTERN SLOPE GAS COMPANY,RECORDED MARCH 9, 1983 AT
RECEPTION NO. 1919757.
(C) ASSOCIATED NATURAL GAS, INC., RECORDED JULY 20, 1984 AT
RECEPTION NO. 1974810 AND RECORDED OCTOBER 1, 1984 AT
RECEPTION NO. 1983584 AND RECORDED MARCH 3, 1988 AT
RECEPTION NO. 2132709 AND RECORDED APRIL 10, 1989 AT
RECEPTION NO. 2175917.
(D) PANHANDLE EASTERN PIPE LINE COMPANY, RECORDED
OCTOBER I, 1981 AT RECEPTION NO.1870756 AND RECORDED JUNE 26,
1986 AT RECEPTION NO.2058722.
(E) COLORADO INTERSTATE GAS COMPANY, RECORDED AUGUST
31, 1984 AT RECEPTION NO. 1979784.
(F) UNION RURAL ELECTRIC ASSOCIATION, INC., RECORDED
OCTOBER 5, 1981 AT RECEPTION NO. 1871004.
(G) WESTERN GAS SUPPLY COMPANY, RECORDED APRIL 2, 1985 AT
RECEPTION NO.2004300.
(H) PUBLIC SERVICE COMPANY OF COLORADO, RECORDED
NOVEMBER 9, 1981 AT RECEPTION NO. 1874084.
(I) ST. VRAIN SANITATION DISTRICT, RECORDED DECEMBER 14,
1988 AT RECEPTION NO.2164975.
(1) LEFT HAND WATER DISTRICT, RECORDED AUGUST 28, 1990 AT
RECEPTION NO.2224977.
(K) UNITED POWER, INC., RECORDED JANUARY 24, 1991 AT
RECEPTION NO.2239296.
(L) WIGGINS TELEPHONE ASSOCIATION RECORDED OCTOBER 14,
1992 AT RECEPTION NO.2306829.
14. As-Is,Where-Is Purchase.Except as expressly set forth herein,it is understood
and agreed that Grantor and Grantor's agents or employees have not at any time
made and are not now making, and Grantor specifically disclaims, any
warranties, representations or guaranties of any kind or character, express or
4551362 12/18/2019 01:22 PM
Page 7 of 9
implied, with respect to the Property, including, but not limited to, warranties,
representatives or guaranties as to (a) matters of title (other than Grantor's
special warranty of title to be contained in this Deed),(b)environmental matters
relating to the Property or any portion thereof, including,without limitation,the
presence of Hazardous Materials in,on,under or in the vicinity of the Property,
(c)geological conditions, including,without limitation,subsidence, subsurface
conditions,water table,underground water reservoirs, limitations regarding the
withdrawal of water,and geologic faults and the resulting damage of past and/or
future faulting, (d) whether, and to the extent to which the Property or any
portion thereof is affected by any stream (surface or underground), body of
water,wetlands,flood prone area,flood plain,floodway or special flood hazard,
(e) drainage, (f) soil conditions, including the existence of instability, past soil
repairs,soil additions or conditions of soil fill,or susceptibility to landslides,or
the sufficiency of any undershoring, (g) the presence of endangered species or
any environmentally sensitive or protected areas, (h) zoning or building
entitlements to which the Property or any portion thereof may be subject,(i)the
availability of any utilities to the Property or any portion thereof including,
without limitation, water, sewage, gas and electric, (j) usages of adjoining
property, including, but not limited to property owned by Grantor,(k)access to
the Property or any portion thereof,(I)the value,compliance with the plans and
specifications, size, location, age, use, design, quality, description, suitability,
structural integrity, operation, title to, or physical or financial condition of the
Property or any portion thereof, or any income, expenses, charges, liens,
encumbrances,rights or claims on or affecting or pertaining to the Property or
any part thereof, (m)the condition or use of the Property or compliance of the
Property with any or all past,present or future federal,state or local ordinances,
rules, regulations or laws, building, fire or zoning ordinances, codes or other
similar laws, (n)the existence or non-existence of underground storage tanks,
surface impoundments, or landfills, (o) any other matter affecting the stability
and integrity of the Property, (p) the potential for further development of the
Property, (q)the merchantability of the Property or fitness of the Property for
any particular purpose, (r) the truth, accuracy or completeness of any
documents pertaining to the Property, (s) tax consequences, or (t) any other
matter or thing with respect to the Property.
15. Grantee acknowledges and agrees that Grantor shall be conveying to
Grantee, and Grantee, by acceptance of this Deed shall be accepting the
Property "AS IS, WHERE IS, WITH ALL FAULTS," except to the extent
expressly provided otherwise in Agreement for the Purchase and Sale of Real
4551362 12/18/2019 01:22 PM
Page 8 of 9
Property, wherein Grantor is "Seller and Grantee is "Purchaser (the
"Agreement")or the Deed.Except as expressly set forth in the Agreement,any
document executed by Grantee in connection with the Agreement and this
Deed,Grantee has not relied and will not rely on,and Grantor has not made and
is not liable for or bound by, any express or implied warranties, guarantees.
statements,representations or information pertaining to the Property or relating
thereto (including specifically, without limitation, Property information
packages distributed with respect to the Property) make or furnished by
Grantor, or any property manager, real estate broker, agent or third party
representing or purporting to represent Grantor, to whomever made or given,
directly or indirectly, orally or in writing. Grantee represents that he is a
knowledgeable,experienced and sophisticated purchaser of real estate and that,
he is relying solely on his own expertise and that of Grantee's' representatives
and other consultants in purchasing the Property and has made an independent
verification of the accuracy of any documents and information provided by
Grantor.Grantee has had the opportunity to and has conducted such inspections
and investigations of the Property as Grantee deemed necessary, including, but
not limited to,the physical and environmental conditions thereof, and has and
shall rely upon same. Grantee acknowledges that Grantor has afforded Grantee
a full opportunity to conduct such investigations of the Property as Grantee
deemed necessary to satisfy himself as to the condition of the Property and the
existence or non-existence or curative action to be taken with respect to any
Hazardous Materials on or discharged from the Property, and will rely solely
upon same and not upon any information provided by or on behalf of Grantor
or his agents or employees with respect thereto,other than such representations,
warranties and covenants of Grantor as are expressly set forth Agreement, any
document executed by Grantee in connection with the Agreement and this
Deed. By acceptance of this Deed, Grantee shall assume the risk that adverse
matters, including, but not limited to,adverse physical or construction defects
or adverse environmental, health or safety conditions, may not have been
revealed by Grantee's inspections, investigations and/or occupancy of the
Property. Grantee hereby represents and warrants to Grantor that: (a) Grantee
is,or has waived the right to be,represented by legal counsel in connection with
the transaction contemplated by the Agreement, and(b) Grantee is purchasing
the Property for business, commercial, investment or other similar purpose.
Grantee waives any and all rights or remedies he may have or be entitled to,
deriving from disparity in size or from any significant disparate bargaining
position in relation to Grantor. .By acceptance of this Deed, Grantee
acknowledges that he has had the opportunity to inspect the Property and
4551362 12/18/2019 01.22 PM
Page 9 of 9
observe physical characteristics and existing conditions and the opportunity to
conduct such investigation and study on and of the Property and adjacent areas
including,but not limited to the legal restrictions pertaining thereto as Grantees
deem necessary, and each Grantee on behalf of himself, his successors and
assigns hereby FOREVER RELEASES AND DISCHARGES Grantor from all
responsibility and liability, including without limitation, liabilities and
responsibilities relating to the physical, environmental or legal compliance
status of the Property whether arising before or after the Effective Date,
including but not limited to liabilities under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C. Sections 9601,
et seq.), as amended ("CERCLA") and the Resource Conservation and
Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et. seq.), as
amended ("RCRA") regarding the condition, valuation, salability or utility of
the Property, or its suitability for any purpose whatsoever (including, but not
limited to, with respect to the presence in the soil, air, structures and surface
and subsurface waters,of Hazardous Materials,or other materials or substances
that have been or may in the future be determined to be toxic, hazardous,
undesirable or subject to regulation and that may need to be specially treated,
handled and/or removed from the Property under current or future federal,state
and local laws, regulations or guidelines, and any structural and geologic
conditions, subsurface soil and water conditions and solid and hazardous waste
and Hazardous Materials on, under, adjacent to or otherwise affecting the
Property (each an "Environmental Liability"). For purposes hereof,
"Hazardous Materials" means "Hazardous Material," "Hazardous
Substance," "Pollutant or Contaminant," and "Petroleum" and "Natural
Gas Liquids" as those terms are defined or used in Section 101 of CERCLA,
and any other substances regulated because of their effect or potential effect on
public health and the environment, including, without limitation, PCBs, lead
paint,asbestos,urea formaldehyde,radioactive materials,putrescible materials,
and infectious materials.All understandings and agreements heretofore made
between the Parties or their respective agents or representatives are merged in
this Deed and the Exhibits hereto annexed, which alone fully and completely
express the Parties' agreement. No Party may rely upon any statement or
representation by the other unless such statement or representation is
specifically set forth in Agreement, any document executed by Grantee and
Grantor in connection with the Agreement and/or this Deed.
15"kkeqii
-- r) I --7.- DEPARTMENT OF PLANNING SERVICES
•
RECORDED EXEMPTION
��'� J ADMINISTRATIVE REVIEW
® Goj_NTY
Nietfeld Lila A Trust& Nietfeld
Applicant: Clayton C Family Trust c/o Lila RECX19-0030 Planner: Maxwell Nader
A. Nietfeld
Legal Description: N2SW4 of Section 34, T9N, R66W of the 6th P.M., Weld County, CO
Parcel ID #: 0455-34-0-00-022
•
Lot A Size: +/- 34.9 acres Lot B Size: +/- 45 acres
Water Source: Lot A: Proposed Well Sewer System: Lot A: Proposed Septic
Lot B: Proposed Well Lot B: Proposed Septic
Criteria Checklist
Yes No
X 1. Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
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 any proposed home. The septic system shall be installed
according to the Weld County Onsite Wastewater Treatment System regulations.
2. The applicant has proposed a well as the source of adequate water for Lots A and 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. The West Greeley Conservation District has provided information regarding the soils on the site. The
applicant shall review the information and use it to positively manage on site soil.
RECX19-0030
Page 2 of 7
rcooln
DEPARTMENT OF PLANNING SERVICES
ID; d r =j 1555 N. 17th Avenue
Greeley, Colorado 80631
,/I Website: www.weldgov.com
Gp N T Y Email: mnader@weldgov.com
1 Phone: (970) 400-3527
Fax: (970) 304-6498
May 18, 2019
Toby Childers
1301 North Cleveland Avenue
Loveland, CO 80537
Subject: Recorded Exemption RECX19-0030
Parcel ID#: 0455-34-0-00-022
Dear Lila A. Nietfeld,
The Department of Planning Services has reviewed your application and related materials for compliance
with the Weld County Code.We find that your proposed Recorded Exemption meets the intent of the Code
and it has been conditionally approved by staff. We have enclosed our comments for your case.
Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an
electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval
of the draft plat please 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 Weld County Clerk and Recorder by
Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the
Administrative Review was signed or after the date of the Board of County Commissioners resolution.There
is a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat;
additional pages are $10 each. 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 recording continuance charge shall be added for each additional 3-month period.
Please contact me with any questions.
Regards,
Maxwell Nader, Planner I
RECX19-0030
Page 1 of 7
4. Prior to recording the plat:
A. All septic systems located on the property shall have appropriate documentation/permits from
the Weld County Department of Public Health & Environment. The Environmental Health
Division of the Weld County Department of Public Health & Environment was unable to locate
a septic permit for the septic system located on the lot B of this application. Any existing septic
system which is not currently permitted through the Weld County Department of Public Health
& Environment will require a Statement of Existing Evaluation prior to the issuance of the
required documentation. In the event the system is found to be inadequate, the system must
be brought into compliance with current regulations.
B. The applicant shall address the requirements of Weld County Department of Public Works, as
stated in the referral response dated May 7, 2019. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
C. The applicant shall satisfy the concerns of Weld County School District RE-9, as stated in the
referral response dated April 17, 2019 per Section 24-8-40.K.1 of the Weld County Code.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services.
D. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by
Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future
road right-of-way.
E. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section
24-8-10.B of the Weld County Code. Net acreage calculations should not include future road
right-of-way.
F. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8-
40.P. of the Weld County Code. Net acreage calculations should not include future road right-
of-way.
5. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0455-34-3 RECX19-0030
B. County Road 31 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a(n) local road having 60' of right-of-way as
recorded 8-2-1906 in Book 11 at Page 195. The applicant shall delineate and label on the plat
the existing right-of-way(along with the documents creating the existing right-of-way) and the
physical location of the road. This roadway is under a maintenance agreement between Weld
County and the Town of Nunn. Pursuant to the definition of setback in the Weld County Code,
Chapter 23,Article III, Section 23-3-50,the required setback is measured from the future right-
of-way line. Be aware that physical roadways may not be centered in the right-of-way.
C. Show and label the existing and proposed access point(s) and the usage types (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations
as a part of the plat submittal. Please see the Public Works referral for spacing requirements.
D. Show and label all recorded easements by book and page number or reception number and
date.
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.
RECX19-0030
Page 3of7
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 2018 International Building Code, shall
be constructed within a 200-foot radius of any tank battery or within a 150-foot radius
of any wellhead or within a 25-foot radius of any plugged or abandoned oil and gas
well. Any construction within a 200-foot radius of any tank battery or 150-foot radius of
any wellhead shall require a variance from the terms of this Chapter in accordance with
Subsection 23-6-10.0 of this Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1
of the Weld County Code.
4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net unless approved by the Weld County Board of Commissioners in accordance with
Section 24-8-40.P. of the Weld County Code.
5) The property owner or operator shall be responsible for controlling noxious weeds on
the site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
6) Weld County will not replace overlapping easements located within existing right-of-
way or pay to relocate existing utilities within the existing County right-of-way.
7) All access and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of
lot configuration or number of users, and without limitation of the use or intensity of the
use of such easements. No lot owner may install a gate or otherwise impede the use
of such easements without the approval of all persons with rights of use of such
easements.
8) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
9) Prior to the release of building permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown
on this plat.
10) Any work that may occupy and or encroach upon any County rights-of-way or
easement shall acquire an approved Right-of-Way Use Permit prior to
commencement.
11) The historical flow patterns and runoff amounts will be maintained on the site.
12) All construction or improvements occurring in a geological hazard area as delineated
by the Colorado Geological Survey shall comply with Overlay District requirements of
Chapter 23, Article V, Division 2 of the Weld County Code.
13) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building permit
applications. The legal description on such deed shall include the Lot designation and
Recorded Exemption number.
14) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A and B have an adequate water supply of
sufficient quality, quantity and dependability.
RECX19-0030
Page 4 of 7
15) 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.
16) Potential purchasers should be aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment.
The Weld County Department of Public Health and Environment strongly encourages
well users to test their drinking water prior to consumption and periodically thereafter.
17) Potential purchasers should be aware that approval of this Recorded Exemption does
not guarantee that well permits will be issued for the lots.Any lot may be deemed non-
buildable if the lot owner is unable to obtain a well permit. The State Division of Water
Resources issues all well permits.
18) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits,
however, a Certificate of Compliance must be filed with the Planning Department and
an electrical and/or plumbing permit is required for any electrical service to the building
or water for watering or washing of livestock or poultry.
19) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program.
20) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
21) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel,
oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits are essential to
the State's economy; (b) the populous counties of the state face a critical shortage of
such deposits; and (c) such deposits should be extracted according to a rational plan,
calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their geographical and
geophysical locations. Moreover, these resources are protected property rights and
mineral owners should be afforded the opportunity to extract the mineral resource.
22) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most
productive agricultural counties in the United States, typically ranking in the top ten
counties in the country in total market value of agricultural products sold. The rural
areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well-run agricultural activities will generate off-site impacts, including noise from
tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
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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 an electronic copy (PDF) of the plat for preliminary approval to the
Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat
along with all other documentation required as conditions of approval. The Mylar plat shall be
recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The
Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the
administrative review was signed. The applicant shall be responsible for paying the recording fee.
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Administrative Review was signed
a $50.00 recording continuance charge shall added for each additional 3 month period.
9. If the exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time, for good cause shown, upon a written
request by the applicant.
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•
By: Date: May 18, 2019
Maxwell Nader, Planner I
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