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HomeMy WebLinkAbout20243413.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC24-0024, OF FOUR -LOT RECORDED EXEMPTION, RE -3803, FOR REMOVAL OF LOT D - INSIGHT CAPITAL, LLC, C/O DENNIS NEAL 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 June 22, 2004, the Department of Planning Services approved Four -Lot Recorded Exemption, RE -3803, and WHEREAS, the Board has received a request from the current property owner, Insight Capital, LLC, c/o Dennis Neal, 7691 County Road 23, Fort Lupton, Colorado 80621, to vacate Lot D of Recorded Exemption, RE -3803, located on the following described real estate, to wit: Lot D of Recorded Exemption, RE -3803; being part of the E1/2 W1/2 of Section 1, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No existing easements are affected by this vacation of Lot D of Recorded Exemption, RE -3803. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Insight Capital, LLC, c/o Dennis Neal, for Partial Vacation of Four -Lot Recorded Exemption, RE -3803, for removal of Lot D, be, and hereby is, approved, subject to the following condition: 5007958 Pages: 1 of 2 01/28/2025 10:17 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Xomar Ndh+t'4ikhAliVI l ALViiiiiiv! 111111 CC : pL(DE/MN ILo), ASR (S6), APPL • 02/ 10/2-5 2024-3413 RE -3803 PARTIAL VACATION, VAC24-0024, OF FOUR -LOT RECORDED EXEMPTION, RE -3803, FOR REMOVAL OF LOT D - INSIGHT CAPITAL, LLC, C/O DENNIS NEAL PAGE 2 1 As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Any easement created by dedication on the original plat for Recorded Exemption, RE -3803, and not vacated herein, shall be rededicated on the exemption vacation plat in the signed Property Owner's Certificate. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of December, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY.r eetO ATTEST: Weld County Clerk to the Board B)C--ittattx. t ca) do Deputy Clerk to the Board APPRC Yl D AS ounty Attorn Date of signature: l Z51 1 5007958 Page$° 2 °f 0.m0 Fee:$ CO 01/28/2025 101e k AM d Recorder Weld 1I III Carly Koppes, ,YT Kevi . Ross, Chair Perry L. B , Pro-Tem Mikereeman Scott K. James aine 2024-3413 RE -3803 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Lindsay Oliver, Planner Subject: Partial Vacation of RE -3803 Hearing Date: December 30, 2024 Owners: Insight Capital LLC c/o Dennis Neal Legal Description: Lot D of Recorded Exemption RE -3803; being a part of the E2W2 of Section 01, T1N, R63W of the 6th P.M., Weld County, CO Location: North and adjacent to Highway 52; approximately 0.5 Miles West of County Road 73 Parcel Number: 1477-01-2-00-041 Total Parcel Size: +/- 146.45 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot D, being the largest lot of the four -Lot Recorded Exemption RE -3803, recorded July 22, 2004, reception #3201161. This partial vacation of Lot D of RE -3803 would result in an approximately 146 acre unplatted parcel. Lot A, Lot B, and Lot C of RE -3803 are not a part of this action. 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. Vacation of Lot D of RE -3803 I Insight Capital LLC Page 1 of 2 2024-3413 Re -3T03 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. Vacation of Lot D of RE -3803 I Insight Capital LLC Page 2 of 2 VACATION PLAT FOR LOT D, RE -3803 FVF:ENi� C_ c6"/224VG%Ql%1/ fr./ 177 I—,1 Surveying o. VACATION PLAT FOR LOT D, RE -3803 ftq.: f ,hq Wesl vz-eel.q� ,. Township , Norm ftgn.9e "} We�VS f the 5lh Cqunly of Weld, Slale of Colorgtlo 1(�•C`?T�\YBIId joFVByiIIB �.'O. 001Itl070� 'A1N110� Ol3M - a VIG "M 60 'tl "N t '1 't MOLL�38 E/l M L/t 3 BOBS-3tl MOIldN9%3 030tl0�3tl SM3tlaNV 'I SIllAHd V.1 3N30 e t 7 'e�a�no tl�'s.vsacs�r (aj io o�a _�l!is yR0 y�i mQg n-� m .0 IIIIIIIIIIII11111111111111111111III111111111111tllII L91 RECORDED EXEMPTION NO. 1477-01-3 RE -3803 111111lIIIIIIIIIINIIIIIIIIIIIilllllilllIIn E 1/2 W 1/2 SECTION 1, T. 1 N., R. 63 W., 6th P.M. w o�" WELD COUNTY, COLORADO 11, .. 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WELD COUNTY, COLORADO Notice Pursuant to Section 24-11-50.1.1 of the Weld County Code, the following matter will be considered on the Consent Agenda of the Weld County Board of Commissioners and no public testimony shall be heard unless it is removed from the Consent Agenda and placed on the regular Agenda by action of the Board, with said public hearing to be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the date and time specified below. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Hearing Date: December 30, 2024 Hearing Time: 9:00 a.m. Applicant: Insight Capital, LLC c/o Dennis Neal 7691 County Road 23 Fort Lupton, Colorado 80621 Request: Partial Vacation, VAC24-0024, of Four -Lot Recorded Exemption, RE -3803, for Removal of Lot D Legal Description: Lot D of Recorded Exemption, RE -3803; being part of the E1/2 W1/2 of Section 1, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to State Highway 52; approximately 0.5 miles west of County Road 73 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: December 18, 2024 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/3/2024 1:20:16 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Jan Oct,usicL 1 2 t I Z4 Signature Date Property Owners Within 500 Feet of Parcel # 147701200041 Account Parcel Owner Mailing Address R0157688 130336000023 KEENE STORAGE PO BOX 316 KEENESBURG, CO 806430316 R8986670 130336400027 ERKER ELIZABETH C R8986670 130336400027 ERKER HAROLD J JR 6001 COUNTY ROAD 73 ROGGEN, CO 806529408 R6507786 147701000019 ERKER ELIZABETH C R6507786 147701000019 ERKER H J JR 6001 COUNTY ROAD 73 ROGGEN, CO 806529408 R3252604 147701200041 1,141) INSIGHT CAPITAL LLC 7691 COUNTY ROAD 23 FORT LUPTON, CO 806218904 R8967763 147701300002 INSIGHT CAPITAL LLC 7691 COUNTY ROAD 23 FORT LUPTON, CO 806218904 R3252304 147701300038 Lo - V INSIGHT CAPITAL LLC 7691 COUNTY ROAD 23 FORT LUPTON, CO 806218904 R3252404 147701300039 B INSIGHT CAPITAL LLC 7691 COUNTY ROAD 23 FORT LUPTON, CO 806218904 Parcels: 14 Owner Records: 19 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/3/2024 1:20:16 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. dcm k)c turick Z1.5I Z Li Signature Date Property Owners Within 500 Feet of Parcel # 147701200041 Account Parcel Owner Mailing Address R3252504 147701300040 b -L 4 INSIGHT CAPITAL LLC 7691 COUNTY ROAD 23 FORT LUPTON, CO 806218904 R3253704 147701300043 INSIGHT CAPITAL LLC 7691 COUNTY ROAD 23 FORT LUPTON, CO 806218904 R3253804 147701300044 INSIGHT CAPITAL LLC 7691 COUNTY ROAD 23 FORT LUPTON, CO 806218904 R2848104 147701400040 SILVER DOLLAR FARMS LLC 10438 CHRISTOPHER DR CONIFER, CO 804338820 R8978854 147712100002 BEACH KELLY K R8978854 147712100002 TRUPP KERRY C R8978854 147712100002 TRUPP BARRY A 34169 HIGHWAY 52 KEENESBURG, CO 806438506 R6779845 147712200001 KULP DANIEL WALTER JR 35280 HIGHWAY 52 ROGGEN, CO 806529105 R6779849 147712200005 SCHELLENBERG DAN Parcels: 14 Owner Records: 19 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/3/2024 1:20:16 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. 00tri 01-ci. 1 Z1 3/ Z I 1 Signature Date Property Owners Within 500 Feet of Parcel # 147701200041 Account Parcel Owner Mailing Address R6779849 147712200005 SCHELLENBERG CINDY 5955 COUNTY ROAD 79 ROGGEN, CO 806529303 Parcels: 14 Owner Records: 19 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/3/2024 1:20:16 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 147701200041 Parcels: 14 Owner Records: 19 ,,, Ottpdatt till ac L izJ3/zq Signature Date Page 4 of 4 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RE -3803 Owner INSIGHT CAPITAL, LLC Address 7691 COUNTY ROAD 23 City FORT LUPTON State CO 80621 Zip CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RE -3803, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 18th day of December, 2024. tam cor--tc_ Janet M. Warwick Deputy Clerk to the Board I� ru r -R Q' a - N r -R 1 ru a N U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com". Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mall Restricted Delivery ❑ Adult Signature Required $ �] Adult Signature Restricted Delivery $ Postage Total Postage and Fees CL5 k -C Cale ; -4-rt b Omit 5 & ea Sent Tc g PS Form 3800, Apr'l 2015 PSN 7530-02-000-9047 scs LLCM Postmark Here cn0 . U) > '� a)2)- 1 0 " o O <<t Z a ❑ % ,���,❑ ❑ a) a) o _--•-CC X ca 1. a) E C CB sci >. a- sa a)oE .c c oD -``- . c, � o �— ,2 ct3 a) c +_ -O -� a) V N D t Q I-- - 5 1 o a E E C eal4 a) 20 °2 a) u) 4- (1) 15 .L a) w 0 a -'-' -C 4-0 a .- .C o co E c e as") U CI °) "et: 0 • • • o o E -n o u)4-- -a • RS > as a) a) a) ?, 05. w in 4_ -D a O 2 0 • T • N N cs p IS tu- C) .12 ® P CD v 1 CC a a c c a. cc cc d ¢ 2 cn cc 0 0 0 0 0 0 o 1_3 E E Article N a) 0 c cc ao m- ru a N IT' a a El a U- r-9 ru a r� Domestic Return Receipt PS Form 3811, July 2015 PSN 7530-02-000-9053 Plat Vacation Application Recorded Exemptions & Subdivision Exemptions Planning Department Use: Date Received: Amount $ Case # Assigned: VA( J mil- ©tYZ`-k Application Received By: Planner Assigned: Plat Information Title of plat to be vacated: S T R O 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 D RE - 38o3 145:69 Property Owner(s) (Attach additional sheets if necessary.) Name:„yRrit c W . 1Iea., Company: ="r..., sh t C_ 1 - Phone #: 3 a --"1,t*- 92°1 r im ail: (eo.-t d e. rwt ► r' Se.% • c o rr, Street Address: Z6°I ) Couvv-I4 R3a City/State/Zip Code: Fn r+ LAI) 4 -con Lp 6O4 2. k Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent.) Name: Company: Phone #: Email: Street Address: City/State/Zip Code: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) havi� yu 4 agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision exemptio 3-27-2 Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date fl. -W �. /'Je.\ Print: Owner or Authorized Agent Print: Owner or Authorized Agent 01/24 3 To Whom it May Concern, I/We W . Nec-\ (Name of Property Owner) are writing to request the (complete / partial) vacation of Lot of (Circle one) (Insert Lot Designation) Recorded Exemption 1417-01-3 RE -3 803 . (Wert Recorded Exemption number) Ate•A -3-27-24 Print: Opp gj�Authorized Agent Date Print: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Signature: Owner or Authorized Agent 01/24 5 3/12/24, 6:38 AM Colorado Secretary of State - Summary For this Record... Filing history and documents Get a certificate of good standing File a form Subscribe to email notification Unsubscribe from email notification Subscribe to text notification Unsubscrlbe from text notification Business Home Business Information Business Search FAQs, Glossary and Information Summary Details Name Insight Capital LLC Status Good Standing Formation date 07102/2015 ID number 20151436419 Form Limited Liability Company Periodic report month April Jurisdiction Colorado Principal office street address 7691 County Road 23, Fort Lupton, CO 80621, US Principal office mailing address 7691 County Road 23, Fort Lupton, CO 80621, US Registered Agent Name Dennis Neal Street address 7691 County Road 23, Fort Lupton, CO 80621, US Mailing address 7691 County Road 23, Fort Lupton, CO 80621, US Filing history And documents Get a certificate of sad standing Get certified conies of documents File a form �In secure business fling Subscribe to email notification Unsubscribe from email notification Subscribe to text notification Unsubscribe from text notification hitps://www.cdoradosos.goy/biz/BuslnessEntityDetail.do?quitButtonDestination=BusinessEntityCriteria&fiield=20151436419&masterFieid= i/1 Certificate Of Taxes Due Account Number R3252604 Parcel 147701200041 Assessed To MCDONALD FAMILY LIMITED LIABILITY LIMITED PARTNERSHIP 5617 W US HIGHWAY 34 LOVELAND. CO 80537-8130 Certificate Number 288521 Order Number Vendor ID DENNIS W. NEAL Legal Description Situs Address PT E2SW4 I-1-63 LOT D REC EXEMPT RE -3803 (1.6512) Year Tax Tax Charge 2023 $348.54 Interest Fees Payments Balance $0.00 $0.00 ($348.54) $0.00 Total Tax Charge $0.00 Grand Total Due as of 03/27/2024 $0.00 Tax Billed at 2023 Rates for Tax Area 2449 - 2449 Authority WELD COUNTY SCHOOL DIST RE3J-KEENESBURG CENTRAL COLORADO WATER (CCW LOST CREEK GROUNDWATER (L.C'G S. E. WELD FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2023 * Credit Levy Mill Levy 12.0240000• 16.7930000 0.8910000 0.9450000 10.3270000 6.3360000 3.1960000 Amount Values $82.97 AG -DRY FARM LAND $115.87 Total $6 15 56.52 $71.26 $43.72 $22.05 50.5120000 5348.54 Actual Assessed $26,120 $6.900 $26.120 $6,900 All payments made are subject to final bank clearance. WARNING - THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS, INCLUDING PARENT OR SIBLING ACCOUNTS. 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 TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS 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. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcel of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. Mar 27, 2024 2:29:53 PM Page 1 of 2 Certificate Of Taxes Due TREASURER, WELD COUNTY, Brigitte Grimm 1400 N. 17th Avenue Greeley, CO 80631 (970) 400-3290 Mar 27, 2024 2:29:53 PM Page 2 of 2 14/112/21124 11:55 Pages: MM It of $13. N 0 Fee:$11.1111 IN. N Carly Komi, Clark and R000rdor, Mold County , CO IM iralt13114100*1:1 i PAN QUITCLAIM DEED (Pursuant to C.R.S. § 38-30-113(1Xd)) This Deed, effective as of , 2024, signed on the date(s) acknowledged below, by DENNIS W. NEAL, the "Grantor," whose street address is 7691 County Road 23, Fort Lupton, CO 80621, City or Town of Fort Lupton, County of Weld and State of Colorado, for the consideration of Tea Dollars and Other Good and Valuable Consideration, in hand paid, hereby sell(s) and quitclaim(s) to INSIGHT CAPITAL LLC, the "Grantee," whose street address is 7691 County Road 23, Fort Lupton, CO 80621, City or Town of Fort Lupton, County of Weld and State of Colorado, the following real property in the County of Weld and State of Colorado, to wit: PARCEL A: LOTS A, B, C, AND D, RECORDED EXEMPTION NO. 1477-01-3 RE3803, RECORDED JULY 22, 2004 AT RECEPTION NO. 3201161, BEING PART OF THE EAST HALF OF THE WEST HALF OF SECTION 1, TOWNSHIP l NORTH, RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO PARCEL B: LOTS A, B, C, AND D, RECORDED EXEMPTION NO. 1477-01-3 RE3804, RECORDED JULY 22, 2004 AT RECEPTION NO. 3201160, BEING PART OF THE WEST HALF OF THE WEST HALF OF SECTION 1, TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO MINERAL RIGHTS EXCLUDED Also known by street number as: HIGHWAY 52 (vacant), KEENESBURG, CO 80643 with all its appurtenances. Signs *day of March 2024. S W. NEAL STATE OF COLORADO COUNTY OF W e fd )ss The foregoing instrument was acknowledged before me on this day of 3 ' I I - 7-U Tom( by Dennis Neal. Witness my hand and official seal ti=Y My Commission expires -7- z.%" 7,'Z-7 LORIE A MORA 1 NOTARY PUBLIC • STATE OF COLORADO NOTARY ID 20104047229 MY COMMISSION EXPIRES JUL 26, 2027 COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Gene and Phyllis Andrews I RE -3803 i Planner: MK Legal Description: E2 W2 Section 1, T1 N, R63W of the 6TH P.M., Weld County, CO Parcel ID #: 1477 01 300037 & 1477 01 300035 Lot A Size: 4 +/- acres Lot B Size: 4 +1- acres Lot C Size: 4 +/- acres Lot D Size: 148 +/- acres Water Source: Well a Sewer System: I Septic Yes No X X X X X X Criteria Checklist 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The Applicant has proposed a well as the source of adequate water for all of the Lots. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., Page 1 "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. Topographic or physical features of the proposed Lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: The plat shall be titled: Recorded Exemption No. 1477-01-3 RE -38O3 B. A 30 foot wide joint access and utility easement extending across Lots A, B, and C of RE -3803 and Lots A, B, and C of RE -3804 from State Hwy 52 for the benefit of Lots A, B, C and D of RE - 3803 and RE -3804 shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.E. The easement shall be graded and drained to provide all weather access. C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. D. State Highway 52 requires 150 feet right-of-way at full build out. A total of 75 feet from the centerline of State Highway 52 shall be delineated right-of-way reservation for future expansion of State Highway 52. E. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways. Please contact CDOT to verify the access permit or for any additional requirements that may be needed to obtain or upgrade an access permit to Lots A through D of RE -3803 and Lots A throughD of RE -38O4. F. The applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the Colorado Department of Transportation (CDOT) which grants access to State Highway 52, or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT). F The Southeast Weld Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. H. Lots A, B and C 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. Lot 0 shall comply with the one -hundred twenty (120) acre net minimum lot size required by Section 24-8-20.6.3 of the Weld County Code. J. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. Page 2 K. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) 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. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C and D have an adequate water supply of sufficient quality, quantity and dependability. 6) The Applicant has proposed a well as the source of adequate water for Lots A , B, C and D. These Lots may not share a domestic well. 7) Potential purchasers should be aware that Lots A, B, C and D 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. 8) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 9) 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. 10) Prior to the release of building permits for any structure exceeding 3,600 square feet, the applicant must comply with the requirements of Appendix Ill -A of the International Fire Code. 11) All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 1050 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements Page 3 of Chapter 23, Article V, Division 3 of the Weld County Code. 12) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 13) 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 29-3-20.6.13 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. 14) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 15) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with 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 from roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural Page 4 areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 5. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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 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 from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsftco.weld.co.us, 7. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By/ /f G'`r ' Date June 22, 2004 che(le Katyrynip(k f❖ Planner Page 5 Hello