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HomeMy WebLinkAbout20260049 Resolution Approve Vacation, VAC25-0030, of Amended Recorded Exemption, 1AMRECXI9-00-2645 — Stanley Gingerich 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 January 21, 2000, the Department of Planning Services approved Recorded • Exemption, RE-2645, and on October 24, 2019, approved Amended Recorded Exemption, 1AMRECXI9-00-2645, and Whereas, the Board has received a request from the current property owner, Stanley Gingerich, 34546 County Road 16, Keenesburg, Colorado 80643, represented by Fischer, Brown, Bartlett, Larsen and Irby, P.C. , 1319 East Prospect Road, Fort Collins, Colorado 80525, to vacate Amended Recorded Exemption, 1AMRECXI9-00-2645; being part of the W1/2 SW1/4 of Section 22, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, 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 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 vacation. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of Stanley Gingerich, for Vacation of Amended Two-Lot Recorded Exemption, 1AMRECX19-00-2645, be, and hereby is, approved, subject to the following condition: 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. 5080799 Pages: 1 of 2 Gc;PL(D6/Mu/DA/M W),J45R(s G), 2026-0049 02/03/2026 10:38 AM R Fee:$0.00 ATP L., APPL. RCP. RE-2645 Carly Koppes, Clerk and Recorder, Weld County , CO 111111M:11010511+11.111V MAY GAVIK 111111 02/i z/26 Vacate, VAC25-0030, Amended Recorded Exemption, 1AMRECXI9-00-2645 — Stanley Gingerich Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 14th day of January, A.D., 2026: Scott K. James, Chair: Aye .. Jason S. Maxey, Pro-Tern: Aye �'ryi �� Perry L. Buck: Aye a? �® Lynette Peppler: Aye Kevin D. Ross: Aye � tetocto"',, r mil• Approved as to Form: 'r►,,,e,� �,® Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5080799 Pages: 2 of 2 2026-0049 02/03/2026 10:38 AM R Fee:$0.00 RE-2645 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Ier ri i�i�11�1;1 '�� 141�I�'d'rl�l t�R1�k�I�Yi�h 111111 immaDEPARTMENT OF PLANNING SERVICES MEMORANDUM COUNTY, CO To: Weld County Board of County Commissioners From: Molly Wright, Planner Subject: Complete Vacation of 1AMRECX19-00-2645 Hearing Date: January 14, 2026 Owners: Stanley Gingerich 34546 Weld County Road 16, Keenesburg, CO 80643 Legal Description: Lot B of Amended Recorded Exemption 1AMRECX19-00-2645; being a part of the SW4 and SE4 of Section 22, T2N, R64W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 18; approximately 0.25 miles east of County Road 55 Parcel Number: 1305-22-3-00-002 Total Parcel Size: +/- 75.95 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot B, being the only lot associated with 1AMRECX19-00-2645, recorded December 18, 2019, reception #4551467. This complete vacation of Lot B of 1AMRECX19-00-2645 would result in an approximately 76 acre unplatted parcel. There is no Lot A associated with 1AMRECX19-00- 2645. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 110 Complete Vacation of 1 AM RECX19-00-2645 1 R t C6 I i��LG -Z(J Page 1 of 2 Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Complete Vacation of 1AMRECX19-00-2645 Page 2 of 2 To Whom it May Concern, UWe Sara J.L. Irby,Authorized Agent, on behalf of Stanley Gingerich,Property Owner (Name of Property Owner) are writing to request the(complete/partial)vacation of Lot B of (Circle one) (Insert Lot Designation) Recorded Exemption 2645 (Insert Recorded Exemption number) 40(Ck I t q- 2c Print• finer o uthonzedAgent D to Print: Owner or Authorized Agent Date Sig Authorized Agent Signature: Owner or Authorized Agent 01/24 5 LOT B, RE-2645 VACATION DIAGRAM Part of the West 1/2 of the Southwest 1/4 of Section 22, Township 2 North, Range 64 West of the 6th P.M., County of Weld• State of Colorado Sheet 1 of 1 OAST 1/2 COA WC.Si /EOM ni xioo'iuru�w 217,117.. �'ti+ i r 1 uvs -- mt,w r 1 I 1 II i2/1 II _ 1 I � i i I il I II11 i NI Aotsraw saner 1 ' ie sV e..v' 23 GRAPHIC SCALE 1'•ISD' & §t a3IIl0 150 300 450 1 x��omR p�AAa utfeq11 -1T Of NOM. >, 1straw,«.«. AAA WOK MX I ✓� i , GROSS:74.59 Ar.+/ y NET:74.59 Ac.+/-1 22 wcu a W �3020 B!R60.UTION NO. Di ME 00•AO Of COUNiY CONMONENS PM WCL0 COUNTY I' � I1 II NNAunv twan• I tiM t.rAX $a COUNTY ROAD fe NY IflA d Surveying An (oweua-wyAn no.ow ar.er o. . Pxx ....u- 1 nc ION-xMtaiaMUY1w SAL,.wwnox.a. SIG 23.T2 N,R 64W ..... a� iiniuni,ulnuiuiniiiiuuuunuiniiiuiiini Recorded Exemption No: RE-2645 I I i I a I E 1000 0 o.M6.7080 NM Pm CO 1305-22-3-RE-2606 4..xesem' S793 I THE WEST 1/2 OF THE SOUTHWEST 1/4, I OF SECTION 22,TOWNSHIP 2 NORTH, I RANGE 64 WEST OF THE 6th P.M., COUNTY OF WELD,STATE OF COLORADO. VICINY MAP P.200V - -D 9 MARIO.°Pe 1 FGEND• RED CAP Is�BAR wFTH A 9 -EsuR omsDEcnon Corrrrou MO.un1ENr rfgpr 4w SURVEYOR NOTES u.1„ 9 IS() SaT _ lu9.i)n. - .__—_ ,_, _ _ IUNH UT13 3A-w 1 THEISES LINEOF LOTS THIS PLAT IS ACCEPTED AND APPROVED FOR FILING. 116•IAisSEUISHIP 2 NSEFORM.HEREON xNG 0017-1P WESTE6.6 EINOF THE 6.P. .IS )A.61 ACRES L}RgQ1I MORE OR LESS ((���JQyEJ�/µ,� �}V,/"� 2)ACCORDING TO CC.ORAOOIAW DEFECT COMMENCE ANY 8II ' OFPIANNPIG SEdVICESID'lk. LEGAL ACTION BASED UPON WI. SURVEY IN NO =TA THREE W SMu FIRS ACTION T DISCOVER SPON A.UUCH DEFECT. �m.nn CEVENT MAY OMMENCED MORE THAN TN OA.FROM DIC 1 IN EMS sI I / THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS jid DATE F ..RTFICATU)N SHOWN PERTAIN �w 'I m. /larylin. 3)ANY PERSON WHO.0WINGD SURVEY CLYY REMOVE,ALTERS OR DEFACEANY S �. ; DAY OF p/JV AD.,2008 . M PUBIC I R ACCESSORY,COMM ACLASE OO((1) :.�� .� .. MONUMENT IAND BOUNDARY MISDEMEANOR STATE STATUTE ..RS. ® _ MT COMMISSION EXPIRES: �O�/3G0.1-/ C eg WELL)COUNTY NOTES lSIR ,. E,,.n.. I.F....�.1 S i' _ NOTARY PUBLIC I)AIL MENUS AND OR MISTING.STRUCTURES WILE.OR I.MEET THE MINIMUM mmulf-� n �) '''NNMtt SHAPON K.MAPOVEZ THE TY IS OFFSET REQUIREMENTS PURSUANT TTHELtxINIITTION DISTRICT IN WHICH A SETBACK li S MA"'arww, i'. _\{l i rt v/1 ../a NOTARY PUBLIC TIE WELD COUNTY DINING ORDINANCE(ORDINANCE IS.AS.TENDED),,THE I g e-• ` ,II�L0 STATE Of COLORA00 REQUIRED SUMAC%IS MEASURED FROM THE BTU.MCIT.CIF.WAY LINE. WITNESS MT HAND ANDS V x)xNG A Irtu TR Fv pItx.T'LRES OR PERMUSES ON SITE MUST OBTAIN THE APPROPRIATE3 I DO HEREBY DEDICATE,FOR THE BENEFIT OF THE PROPERTIES SHOWN ANO1• OR DESCRIBED HEREON,EASEMENTS FOR THE PURPOSES SHOWN OR H SEAT NTRTS RECTMORDED EXEMPTIONS IS T N ADMCENT PROPERTIES RECORDED EXEMPTION W. C DESCRIBED HEREON. EXESUBSEQUENT PTION PROCECOMPLIANCE OF TH THE ISS..COMIEINTENT aEMERECOPTION RD F3 NOT GPROPERUARANTEE AFncWAL OF FUTURE APPLICATIONS ON ADIACEM ,mT / TIES 41 POOR TO THE ISSUANCEOF AABAL BALDING FOR IT a IPA PERMIT AND BOFT LL :" /RID. t4 4 RECORDED REQUIRED TO SUBMIT TS O H�DEPARTMENT OF PLANNING SERVICES, u�alw ys u.. �ri IEP,>'1i4 �� QUALIY,QUANTITYDENCE THAT TM Arm DEAFEN ME. ATRSUPPLY OF SIRFrcIENr •RP3RLRTEFxen. a /FC:A I DESCRIPTION. FI RIGHT TO FARM COVENANT THE WEST 12 OF WE SOUTHWEST IN. WELT)COUNTY IS ONE OF THE MOST PRODUCT.AGRICULTURAL COUNTIES OOFNSE W N 22.TOWOF NSHIP E S NORTH, IN rum UNITED STATES.THE.RURAL MEAS OF WELT)COUNTY 1.1.Br OPENAND SPACIOUS BUT THEY ARE RSIVEVEL.v RFFOR.11.1CULTVSFBLPERSONS COUNTY OF WELD,STATE OF COLORADO. MOVING INTO A RURAL AREA murrAGRICULTURAL rRAcrl¢s.AW SUBJECT TO WEID COUNTY ROADS. ANCLUDING U)WSM LEVEL of uxvlCs TEA S IN TORTS I,THE UNDERSIGNED,BEING THE SOLE OWNER IN FEE OF THE ABOVE DESCRIBED AGRICLITURAL UM.OF THE LINO SHOULD NOT BE ETXPECTED TOICTNAN l PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. iNRRSIONS F�UMIJSBAN ss.OINULAROw.PRACTICES RA I�wFU ACCOMMODATE C OMRAS(LTnHE I UNDERSTAND THIS PROPERTY IB LOCATED IN THE AGRICULTURAL ZONE DISTRICT RAT.OEESTE IMPAA,S.INCLUDING NOISE FROM SPECIALAND IS ALSO INTENDED TO PROVIDE FOR THE CONDUCT OF OTHER USES AM))EQUIPMENr.DUET FROM ANIMAL PENS,FIELD WOW HARVEST, ATRACTORS ND GRAVEL EIGHT.ACCESSORY USES,AND USES BY REVIEW. ROADS ODOR FROM ANIMAL CONFINEMENT,SILAGE AND MANURE: OF SMOKE T ANTI RESERVOIRS MU161 DITCH MURNING WHICH Ts O B M OVED.E EFFICIENT R ICRSTPESTICIDES c mTS '��1 rtIDENTIAL ELOPME T WIiHOU AI EA THREATENING OF a TI.w I DELIVERY WITHOUT TO TO FARM ERRUCCTIOOND6IrvERY 9fEY!'F�- TRMNAi� 1 WELD COUNTY COVERS A TANG AREA OF OVERSIAN SOT/ME MILES IN SUE IIWICE THEED.E UH',BEWARE)WITI MORE TM 31.IES CIF STTAEIE AND 0M DOUIlS CERTIFICATE. THE FOREGOING CERTHICATION AS ACKNOWLEDGED BEFORE ME COUNTY RROADS OUTSIDE OF MUNICIPALITIES OF THE r ARM TO I.M.DOUGLAS HOOS PIS 22269 A REGISTERED LAND SURVEYOR, 1HIS�WY OF h..b. TRAVELEDW THE STATE OF CURVEY,O.DO HEREBY CERTIFY THAT 1 HAVE AND THE RSTSPIN STmTCHMPMNES MORE TURF oN PATROLSYAIL ESTERO., of THE COUNTY PERFORMED THE SURVEY,THAT THIS FIAT ACCURATELY REPRESENTS RESPON IS USUALLY EmINErOTMRy EMVOLUNTIRE HOM FIRE iIwTHEIR RE SAID SURVVVEEFXYY.AND TALL MONUMENTS EXIST AS SHOWN HEREIN. TROTES TO RESPOND TO EMER.NCIES COUNTY LAOED PROVIDE THE E SAME KIN IITIE DETERMIVVSIOSEIE521RCONSRRlIF.A TITLE SEARCH BY ME TO MY COMMISSION EXPRESS: O , BT I H THAT ROADS PROM COF SURFACE EXPECTED TROIA A PAVED ROAD SNOW REMOVAL LEARED FFOR MEAN '-'- NOTARY PUBLIC ' Nit SEVERAL DAYS AFTER A 1 nuuAu 2-4-LOop OF AREAS MAID'LAMS,WITHIN SUBDIVISIONS ARE Of THE LOWEST PRIORITY FOR KMIEC WORM OR MAY 116.E PRIVATE RESPONSIBILITY ILL N N.RE EQUV LNI TO MUNICIPAL SERVICES 39 S.AIA A SUITE A,BR)IGHTON,COLORADO 269 •S/��' U� if OF LBL�Ppo 303-659.133R WI • ' ANT•, SEAT. _ MM HAZARDS IN 1110 COUNTY ¢FIECD EQUIPMENT. mLIII,NT ZEPvw65 G.rNnR PIVOT EVRFITmNLfrnill'HS ALISOSTOiis SAND 'Af REALT.01N1 To(:HOTPFD ARE NOT ONLY FOR TIED SAFETY,EUT ALSO FOR DIE PROTECTION OF THE APAIER9 LIVLLMIXBO. TO PRIOR THE APPLICANT TOWIT I.BE THE TO SUBS.A BUILDING RECORDED E DESCARIBING:THE LOT UPON WHICH REQUESTED wnH FEE[BUILDING IrLfr E S T)SHOU NI %T WI.,rEEDSATT ON THE PROPERTY OR BECOME ESTABLISHED ASARE 111..S ISTLP 1 115550 v01 LISA 111SEOSTUi WEEDS, SI DER O w. 1.��/I .}iy 1�.,of., crvom o 1006UMSANCE I QI^IJ.FnR GONTRO. mw r BI THE IIENRY LYN DUSTS NTMI.ANn C.W.V.Mcxr.OF.WAr _ C.SNNOr BE DEED HM FVT'IIER LWnSPJT. P�R�.. '71 •"E 4\ .' SCALE I.TOP I-SHEET�9r I 1 a DD w - iiiI IP4171 hilt cadil igiii I II AMENDED RECORDED EXEMPTION No. 1055-15-2 1AMRECX19-00-2645 LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 22, T.2N., R.64W., 6TH P.M. COUNTY OF WELD, STATE OF COLORADO I 1 52.75, 16 I 15 I 14 __ .._ IICR 20 ---...- -- - - mr p •ewn oea r aam.min samxtrw,2l-6-i0c ar inla caa. I FOAL DFSCRIPTION n !) ✓Par t ar ar,a„ "an a • 000 m IOr B OI ROC..ieemOLnn Na RE-2645 4) [a see dt of any roc...covaption mq mat a.,ess Mon mss.a.nwn'fluffy-.(5)acres mr;news vppmwe by tn.was County °al bro a a h w 6 wrr tm ben m<ya w„b Ca ty I D 5) M er a oow rote ro.;oror,rote foe controlling ,",weed,on life."n,wnt Chapter 15.M,cw r am o1 Im wood or lero,State;f C;rw;a mo a .a;;; wry ee.cnMa as/more County 21 22 23 al an not •ore apw g semen orate;fel.e.,a ro ro-d-moy;our o ot.oto..n.a oboe«son.e.,ag c.ot an mark. ;ewes nm n Eot a y) rapt•;day.a, •pal. a range b.al tee Souffle.Co.v.by aa-0.wam,nam cap rlr55 teen onm0/e fee.in a a npe at a weer ,'e" x i oavnn Cana ar"a s..l,on n RF-1645 a m aan;gale yr otmr.,x�pen one ax of au.n soaamente.,IMuI ire a,yawr of w moon,n r,gnlaaf we o/"en Comm •5 rn•wet Owx cam„of Season 22.ro.sop a Nunn. 4 War al me btn Prm:�,wean: men weer a1 n Ronge 6 Mocking "'"'Smth!rIL'E"1.1 evmme o/woo rife oars the mnn n.o/the swtnnw o";x d"a Sedan 22 ea6oW ----- - -- -NCR 1B -- ------ g n man o, turn ape e n n b a "r abort mampw r 1 r r el r ale/w offs.offs. mng Reaaree.d were�nry,bin..a•�rgnr ortarry xove 55 me en•oox e1Nq�n n•o/ and 1 o nn a. .n an • i°. o `�' c° •au /a e i o. e a...ss app Kv�On of O'we maw rr wwa.ea THENCEPop25w n eg se.ar[w1. ,e noon r.n.,v,stance p r26g.rr Mr 1a the caw-wr1 s.drntn came al.ae rU).n m n m- up+ a oy sow".aa':any Coon,fro•br-.ar a eerm•m•nory ocm,n w;paro..e RqM-of-war Use pmn�t war ete THENCE Ea.Mang/no East Imo of tk•west me of fee Southw.1 C.o.Of Sad S..20 a Mefon..2607 55 SS n r In• n r to s t Ovar r e sect a r -. 11) .fed ally ; ,w n.a . as... .r a•a Section m oar av a ay .,n. 28 I-E6--27� 6/ 1n p •ut of u)Potent.99fenoter•snood.ow..1 ^r of Pad....ale',m.o....,strong„.. age ..a••n te tent trot n g"ea 30 0 Two.Mtn id west 1NE c, t easf RF f on wean. pta w.a 5la6o 1m wen.of ere cod.one thwest Reeanr d Wde lmenl Of Puff, .*6 re.)oot Coon iWErtCY aagYm terry ra m w.f6)c;arw. VICINITY MAP ° An a r e"mor norwe- eobu f the a1 owner n de ano t;obtain a wermit.p roe State aw issues of Water Resources au u !. :'vdm T`6600o b gb reef.a;.na rp.or '=2000' ova a crone lenstn o1 129..20 feet. PROPERTY OWNER'S CERTIFICATE: _ .a o a my �tm w t ca one//�pa em p.ma ,;gore"ar r "tma rra.c.m en. 5 30 o o cur9e la f ho plc,on arc.g,of 212 AO Net.safe node;r'vn�gr 6 of Ie. .41 lot.a wev angle of e.u,e.e nroe,tr.a tweet,a eel ern .eorvar v.wr m, -brua enem,ma..ail°m1"eee eo II)ro ."1.1 v rarer°gas pw a 2..mrree br.7.1r-woo,Receplw,p44b273..w W iad.0 on the rNaNtt moon 16 w,1.o u wet:qnr d ear e,a*Ounce a/r 112 46 ref to u•Pam/d B"amq odor;.ono•nor r camacr o1 urn•,see,br g t.;...»are ara am ae.a yr r•.ar...n. 190990. ecoetlea ,e n al r<.to g .ab.u�svaa.veer,a r4616 a<na,man or u,.. _ • 1p( a ebr °r,r�n en°r v twnvru...an.m n pod n r sx-tax,we.sahon Iariq g.,one.acda"but role formteff woror° nal SURVEYING CERTIFICATE + Fri'-^�4�'• '^^r war...06)tn• Slate102.9 or COO.. ) a.(c), ad. )ss gib.; a"0 mu'''. "ee c r Wee+ I n.wgnaaa according`^° a wr awe 1mx relator;an prd.ct"rro•ry gn,on;m.mro,geogrop+e.a awrpuem srae p-0--,stare Bmm"Rewe1 oho ear Proress,om�[q ears wa naree.,war tuna.r wlm,one wwa c r me aeg fN s..ahcar.on.o.a,na.r.eq.e brae me r e 12 oar or Qis, .20_LI_ a0)o0410 COUNT, O"q , n taws a, By-Robert morn,.ea a Nev26)zo2-p - :'::,•"o" (�/ 7 o" T p n w.,Win;"gig',. WY..•.....°x.0........ 3dmp mmn.are W.ro< r m n i Z•Iwj! 'feed "ago CO/422 �Ybo 'uga FASFMFNT CERTIFIcA IF' na ag an w• G'ry.ncn new 0•a rotifer awK=re.nor tn•Mufn°/tM prry•rM1•ram a;sscnmg Moon,rrmnts 1;r un 9m,x^anal a n aoruanara)'prawn the pu r a;•Ceiba; n. nuwi xerorvm g eo x o na."nce edowamelMaa a pupa,tool on CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES-ADMINISTRATIVE REVIEW: commmN°.eaaanabr„ssm„tea..t w rc,ni wo°ucho,. a par 4 accept.ono .0 m wpo;ment or of., r•,1w N, a ppr a^(4.000T wo)w^mtr. rytlt ne'. b mwI.ean4•enn)- Oa«t e eon. w e( ro Stare of cwar°eo ) nhiontows how mos)leave thew)oaa and ton..ta hospond ro hona,e„hho ca.,oha.o„aacia,no ma.)hoo alto),thy oar woo..oof nor County of wed )• dee.,must,by mcess y.be mod•sou•ufrannl tom aroav are era. ,^^wane Cara.nn mi a ra went to manaro;l"n,ma.wrm " pj 0o,o Al.l.fdn.;,ac nawbwa..re me o;.19M mr d nri.05W MY commotion Wee I _.. nn farmer,nwrvhaae. Peeoff r»"r R.,. 0..: DewalpUOn: By. PROJECT INFORMATION: I 12218 ADD NOTESIACREAGE Rp CLIENT STANLEY F.GINGERICH 120 W.NELSON AVENUE �_r r KEENESBURG,CO 80843 , iw,rvunilrni BrIRAp7,6PI.Aye.after you Grit Abaco.,such elefeet • (SITE ADDRESS:8450 COUNTY ROAD 55) VEY/2341..1'W'. in no oven,may ony pelf.,based upon r Rau 02* . more n silsilo. wten yeore rn.eat.Of me DRAWN BY: CUR BY: ARV BY: atp a .n. AV RD RD SHEET 1 OF 2 • AMENDED RECORDED EXEMPTION No. 1055-15-2 1AMRECX19-00-2645 LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 22, T.2N., R.64W., 6TH P.M. COUNTY OF WELD, STATE OF COLORADO Nry..Re '..e hor.e.ronei tone e..., �rho snn d..uee,o-4 that ar,py .... SE .AM �We�� •� a'At t Me LOW. MY cm......a roomer.and and bore t.sump..w..b County nd R.Wmem rp n e• Y !w a,/y u OM w.,a 7"Wra N r. ze.>e• ROO.S.N.C. I mr m......y rePn .e er r.woi... '.e. _ • KM IMer CNA ARM :.o,.a..d...,r...mm,..,Memo/ runner caddy aor rn. one! • oven.0.n....ew.ra,..ne mn or un ner ca d caom.,survey mom o n. oun NY 22 Pepn...e Lana Sump WlIQ J'.wr Orl0.i Dr.Y - p. SKMY)t r2M.TY aR m)w n r., + t M10.0)' • vrS.Y)t a.MJT ronr.ne,...nn5 Mc. ISM a,brmw.,rnc uu] .e PM NC PP W 10.m.r 1 von...ma,oeo m!>r M.M' I I•I v RAMM wa11 MI a.R Am. ''Iz' �n .> Coto..R.o.bn.n xss.> oven see es .....r•;.aYr.3 I�_•�Dote Noe.. j • t.M.INI:Weed; .I. " I r s„� surveyor or De., . .., of too A„ .1 "II V I wane. LOT R Rynn y m•n.ar d was .nrrr,. L. A 3.2/R,631 SQUARE FEET.OR _ R )/.5)3 ACRES GROSS AND NET. I • r e n .n.r u. r d, 00 R .o+.s MORE OR LESS. 1. �..re o o .w shown on this sun.ore rdNrc M cnmr• or tne Southwest Curvier of or ze i'. km,,,,,,,, •O. Sm.22.assure.to wee Norm 00.3,3r1"beor o Ootonce is r., ,'s9e.yea hob.ems n�1 -d rn.w..r Or...an..!r b TTraniz. .. .I �ssMTr4w O1'.�1.0 TN'r.w i R P 7f' Manrn shown or.In Y.S.Surrey A „a,.e,., I HPOO r {{ .a soro awr I" M,\ \ ..rn w I)-eso;A ma �.' ,L :l rGM'A^0:ea ..«..» N Ik \ll.. .xlr o 1 III' 13 y1>R /5 RO::. LEGEND . @ S - ; snn awn Ee..rn.n w. 'I * \ 'dr.:rmt-Mans zwr ' Low _anneal wanner s.omn un. i I t iu ° ')u. ...uruII .,.,e mono.ee W.e g • SetE•R.no..m.i...w vane cop Par..MSl o MEW lebrt-Or mod.. IPl,Paine P.m.cop.orw a w•. ..� j ;.e nror...r I:I fOMa.. ISTITAZI d weP�.R�r I ..ter a. w w,na.w,.,spas 1 I yw , ,. ...4....... + o rtaw a',r aaiosnxs a I I ,.n,•n.�. mire. R/e�oa•.n.�u R..: Da.: o.erketem SY PROJECT INFORMATION: • • NOTICE: Aeard05 to Cdeudo a. 1 1NH1i ADD MDIES/ACRF..s RD CLIENT: STANLEY F.GINGERICH ,---- -;� omelet. 1Y(1 W.NELSON AVENl1E g�]����,E�y epm on are KEENESBURG ADDRESS first.corer such defect. • :8450 COUNTY ROAD 55/ oe .Mmerr toso OdNN been In]] vr� a os solo,be aten r r dare or me DRAWN SY: OIN(BY: APY BY: - AY RD RD SHEET 2 OF 2 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: Partial vacation plat for Recorded Exemption No RE-2645 S 22 T 2N R 64V/ 0 Complete Vacation (must include all lots) 0 Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number Acreage Affected Easements B 130522000005 74.58 Property Owner(s) (Attach additional sheets if necessary.) Name: Stanley Gingench Company: n/a Phone#: (303)434-1782 Email: redfeatherftrtebb net Street Address: 34946 Weld County Road 16 City/State/Zip Code: Keenecburp co 80641 Applicant/Authorized Agent(Authorization form must be included if there is an Authorized Agent.) Name: Sara J L Irby Company: Fischer, Brown, Bartlett, Larsen & Irby, P.C. Phone#: (970)407-9000 Email: sarairby fiischerbrownlaw.com Street Address: 1319 East Prospect Road City/State/Zip Code:Fort Collins, CO 80525 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 to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision exemptions r- /!-y:lam Signature' ner or Auth lzed Agent Date Signature:Owner or Authorized Agent Date Stanley Gingerich Print:Owner or Authorized Agent Print:Owner or Authorized Agent 01/24 3 Departments of Planning Building, Development Review ,) , + and Environmental Health r �+ 1402 North 17t"Avenue LP. P ; P O Box 758 Y Greeley, CO 80632 — COD` - Authorization Form I. (We), Stanley Gingench ,give permission to Sara J _ Irby (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 No 130522000005 Legal DescriptionPart of the W 1/2 of the SW 1/4 of Section 22 , Township 2 N, Range 64 W Subdivision Name: n/a Lot 3 Block Property Owners Information: Address: 34546 Weld County Road 16 Keenesburg, CO 80643 Phone: (3U3)434-1/82 E-mail: redfeather@rtebb.net Authorized Agent/Applicant Contact Information: Address: 1319 East Prospect Road, Fort Collins, CO 80525 Phone: (970)407-9000 E-Mail: sarairby@fischerbrownlaw.con Correspondence to be sent to: Owner X Authorized Agent/Applicant X by: Mail Email X Additional Info:This partial vacation involves Lot B of Recorded Exemption No. RE-2645. 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(cur)knowledge. Date /o-3/•�S Date Owner Sig ture Owner Signature Subscribed and sworn to before me this 51 day of (YY-"Tkle,' , 20 LS by J±6t Gti✓Jcrtc�. My commission expires (A/10/24-) 7 77 %L-, Notary Public d'etig cam,DAVID TNOMPSON Natty Public.Arl=anI Mancope County Commbsron f 68S949 My Comm.E. Tres Jun 10,2029 p 01R4 4 Weld County Treasurer Statement of Taxes Due Account Number R8746200 Parcel 130522000005 Legal Description Situs Address PT W2SW4 22-2-64 LOT B REC EXEMPT IAMRECX19-00-2645(2.41R) 8450 COUNTY ROAD 55 WELD Account: R8746200 GINGERICH STANLEY F PO BOX 316 KEENESBURG,CO 80643-0316 Year Tax hems' Fees Payments Balance Tax Charge 2024 $4,625.66 $0.00 $0.00 (S4.625.66) $0.00 Total Tax Charge $0.00 Grand Total Due as of 11/10/2025 $0.00 Tax Billed at 2024 Rates for Tax Ares 2445-2445 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 15.9560000* $1,399.02 CONTRACTNG/SERV- S15.000 $4,190 SCHOOL DIST RE3J-KEENESBURG 15.9960000 S1,402.53 LAND CENTRAL COLORADO WATER 1.0170000 $89.17 CONTTACTNG/SERV- $275,407 $76,840 (CCW IMPROVMTS S.E.WELD FIRE 10.3030000 $903.37 AG-FLOOD 524,143 $6,370 IRRRIGATED LAND AIMS JUNIOR COLLEGE 6.3050000 S552.83 AG-DRY FARM LAND $1,030 S270 HIGH PLAINS LIBRARY 3.1790000 S278.74 AG-WASTE LAND $25 $10 Taxes Billed 2024 52.7560000 S4,625 66 Total $315.605 $87,680 *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. 186 Weld County Treasurer's Office 1400 N 17th Avenue = 1' PO Box 458 L'' ' Ir Greeley, CO 80632 p1j�s 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: �� Date: • /Of/ra o'clock M., AR2 4 5 7D5 8 Recorder QUITCLAIM DEED THIS DEED,Made this 1st day of September ,19 9 5, between Stanley F. Gingerich of the "County of Weld and State of Colorado,grantor(s),and Stanley F. Gingerich whose legal address is 120 West Nelson Ave. Keenesburg, CO 80643 of the County of Weld and State of Colorado,grantee(s), WITNESSETH,That the grantor(s),for and in consideration of the sum of Ten Dollars and other good and valuable consideration ($10.00) Dollars the receipt and sufficiency of which is hereby acknowledged,ha S remised,released,sold and QUITCLAIMED,and by these presents doe S remise,release,sell and QUITCLAIM unto the grantee(s), his heirs,successors and assigns, forever,all the right,title,interest,claim and demand which the grantor(s)ha S in and to the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: SW} SE+ and SEI SWI, Section 22, all in the Township 2 North, Range 64 West of the 6th P.M. 2457058 B-1512 P-809 09/26/95 03:30P PG 1 OF 1 REC DOC Weld County CO Clerk & Recorder 6.00 also known by street and number as: Vacant Land TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s),either in law or equity, to the only proper use,benefit and behoof of the grantee(s) his heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)has executed this deed on the date set forth above. STATE OF COLORADO, ss. County of JJ ` 93 ` The foregoing instrument was, cknowledged before me this ( day of /�'I)lb.l ,19 by 4-01, T. C r � My commission expires I(/6 ,I99 ."Ty hand and o' 1 lr-r • 'y f"If Notary Futile *If in Denver,insert"City and". 1�1 .y Name and Address or Pane Cleo 5-108.5,C.RS) No.933.Rev.6-92. QUITCLAIM DEED l2' &adrord Publishing,1743 Weave St.,Denver,CO 80202—(303)292.2500—2-94 Cop DEPARTMENT OF PLANNING SERVICES C� RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW Applicant: Stanley Gingerich I Case Number: RE-2645 I Planner: ko Legal Description: W2 SW4 Section 22, Township 2 North, Range 64 West of the 6th P.M., Weld County, CO Parcel Identification Number: 1305 22 300003 Lot C Size: n/a Lot B Size: 77.5+/-acres Lot A Size: 2.5 +/-acres Water Source: Private Well Sewer Source: Septic System • Meets Criteria Criteria Checklist Yes No X 1. Conformance with the Weld County Comprehensive Plan 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 11.8 of the Weld County Subdivision Ordinance. 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 Department of Planning Services has determined through the review,that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: )"0 l A. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area. B. Due to the prime agricultural soils on Lot B,the applicant shall submit a proposed building envelope to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. C. In accordance with Weld County Public Works Ordinance#180, direct access from a public road shall be limited to one access per legal parcel for residential, no circle drives. This policy shall apply to all new and existing accesses within the unincorporated areas of Weld County. Properties within municipalities or other counties which access Weld County roads are also subject to this policy. Lot B shall utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No additional access shall be granted. The access will be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. (Lot A, residential) These roads will be graded and drained to provide all weather access. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Public Works Department to determine if a culvert is necessary at any approved access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size the culvert E. WCR 55 is designated on the Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 55 shall be delineated on the plat. This road is maintained by Weld County. WCR 18 is designated on the Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 18 shall be delineated on the plat. This road is maintained by Weld County. F. The following notes shall be placed on the plat: 07) 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 Zoning Ordinance(Ordinance 89, as amended), the required setback is measured from the future right-of-way line. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Staff supports this application for Recorded Exemption hcwever subsequent Recorded Exemptions on adjacent properties will raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 4) Prior to the release of building permits the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. .5) RIGHT TO FARM COVENANT Weld County is one of the most productive agricultural counties in the United States 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 there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. 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; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement,ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Prior to the release of building permits on Lot A or Lot B, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the lot and recorded exemption / number. 7) 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 Ordinance 169A. -18) The Henry Lyn Ditch Lateral and canal right-of-way can not be used for further land splits. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. 4. Planning Staffs approval of this recorded exemption is based upon satisfying the above conditions. Should an applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, then this case will be forwarded to the Board of County Commissioners with a recommendation for denial. By Date January 21,2000 Kim glee❖ Planner riP?J DEPARTMENT OF PLANNING SERVICES t! C ; _ 1555 N. 17th Avenue ��� � Greeley, Colorado 80631 !J bitt . Website: www.weldgov.com TY g �`_G N Email: asnyder@weldgov.com 1 Phone: (970) 400-3525 Fax: (970) 304-6498 10/24/2019 Stanley F. Gingerich c/o Rob Daley Daley Land Surveying 17011 Lincoln Avenue#361 Parker, CO 80134 Subject: Recorded Exemption RECX19-0088 Parcel ID#: 0453-23-1-00-010 Dear Mr. Gingerich and Mr. Daley, 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, Angela Snyder, Planner I 1' _ 5 DEPARTMENT OF PLANNING SERVICES J� AMENDED RECORDED R N S RA VIE EXEMPTION ADM Applicant: Stanley F. Gingerich 1AMRECX19-00-2645 Planner: Angela Snyder Le al Description: Lot B of Recorded Exemption RE-2645, being a part of the W2SW4 of Section g p 15, T4N, R65W of the 6'h P.M., Weld County, CO Parcel ID #: 1305-22-0-00-005 Lot B Size, Before: +/-74.6 acres Lot B Size, After: +/- 74.6 acres Water Source: Well Permit#296634 Sewer System: 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. Narrative: The proposed application seeks to remove a building envelope created to preserve agricultural land from Lot B of Recorded Exemption RE-2645, recorded March 3, 2000, Reception #2753280. 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 n the application and the policies of Weld County. 1. Prior to recording the plat: A. 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 B. The applicant shall address the concerns of the Public Wcrks Referral dated October 1, 2019 relating to the proposed Lot B access location(s). 2. Items to be included on the plat: A. The plat shall be titled:Amended Recorded Exemption No. 1055-15-2 1AMRECX19-00-2645 1 AMRECX 19-00-2645 Page 1 of 5 B. County Road 55 is a gravel road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01) as a local road, which requires 60 feet of right- of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. 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. This road is maintained by Weld County. C. This portion of County Road 18 is under the jurisdiction of the Town of Keenesburg. Please contact the municipality to verify the future and existing right-of-way. Show and label the right- of-way. Show the approved access on the site plan and label with the approved access permit number if applicable. D. 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. E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. F. Show and label all recorded easements by book and page number or reception number and date. 3. The following notes shall be placed on the plat: 1) The purpose of this amendment is to remove a building envelope from Lot B of RE- 2675 now known as Lot B of 1AMRECX19-00-2675. 2) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, 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. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 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. 1 AM RECX19-00-2645 Page 2 of 5 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 appicant 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) 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 stall include the Lot designation and Recorded Exemption number. 12) 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. 13) 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. 14) 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. 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 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. 16) Potential Purchasers are hereby notified that a natural gas pipeline is permitted by USR17-0040, Reception #4445273, and is located on the proposed Recorded Exemption lot. 17) Potential Purchasers are hereby notified that a transmission line is permitted by USR- 1236, Reception#2719192, and is located on the proposed Recorded Exemption lot. 18) 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, 1AMRECX19-00-2645 Page 3 of 5 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. 4. 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. 5. 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. 6. 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. 7. The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the recorded exemption. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. By: 'f c''�, / l-erkl-f Date: October 24, 2019 gfigela Snyder, Planr4er I 1 AM RECX 19-00-2645 Page 5 of 5 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. 19) 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 ccme 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 urbai 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 it the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of ag-icultural machinery and supplies to assist in their agricultural operations. A concertration 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 to 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'our thousand (4,000) square miles in size (twice the size of the State of Delaware) wi-h 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 cn patrols of the County, and the distances which must be traveled may delay all emergency -esponses, including law enforcement, ambulance, and fire. Fire protectior 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. 1AMRECX19-00-2645 Page 4 of 5 Hello