The URL can be used to link to this page

Browse Search

Home My WebLink About20242029.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC24-0009, OF FOUR -LOT RECORDED EXEMPTION, RECX19-0060, FOR REMOVAL OF LOT D - PAUL AND CRYSTAL ESH 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 November 13, 2019, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX19-0060, and WHEREAS, the Board has received a request from the current property owners, Paul and Crystal Esh, 46715 County Road 19, Nunn, Colorado 80648, represented by TSD Surveying, 13013 County Road 86, Pierce, Colorado 80650, to vacate Lot D of Recorded Exemption, RECX19-0060, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX19-0060; being part of the E1/2 W1/2 of Section 28, Township 9 North, Range 67 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, RECX19-0060. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Paul and Crystal Esh, for Partial Vacation of Four -Lot Recorded Exemption, RECX19-0060, for removal of Lot D, 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. Any easement created by dedication on the original plat for CC : PL (VOW/DA), Kg (SG), APPL., APPL . REP. 2024-2029 RECX19-0060 Date of signature: PARTIAL VACATION, VAC24-0009, OF FOUR -LOT RECORDED EXEMPTION, RECX19-0060, FOR REMOVAL OF LOT D - PAUL AND CRYSTAL ESH PAGE 2 Recorded Exemption, RECX19-0060, 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 29th day of July, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUOLORAU6-. ATTEST: datdr4A) Weld County Clerk to the Board I :Oftwic k. B Deputy Clerk to the Board ED A County Attorney %.11/7-11 0 Kevin loss, Chair Perry L. Bucro-Tem ike eeman i Saine 2024-2029 RECX19-0060 To: From: Subject Hearing Date: Owners: Representative: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Eric Sheley, Planner Partial Vacation of RECX19-0060 July 29, 2024 Paul and Crystal Esh TSD Surveying c/o Tyler Dreman 13013 County Road 86, Pierce CO, 80650 Legal Description: Lot D of Recorded Exemption RECX19-0060; being a part of the W2 of Section 28, T9N, R67W of the 6th P.M., Weld County, CO Location: 1/4 -mile East of County Road 17; South and adjacent to County Road 102 Parcel Number 0453-28-2-00-028 Total Parcel Size: +/- 147.68 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot D, being the largest lot of the four -Lot Recorded Exemption RECX19- 0060, recorded February 26, 2020, reception #4570022. This partial vacation of Lot D of RECX19-0060 would result in an approximately 147.68 acre unplatted parcel. Lot A, Lot B, and Lot C of RECX19-0060 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. 2024-2029 Vacation of Lot D of RECX19-0060 I Esh Page 1 of 2 lc' - Dbleo 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 RECX19-0060 I Esh Page 2 of 2 To whom it may concern, I am applying for a Plat Vacation on behalf of my client, Paul and Crystal Esh, to vacate parcel no.'s 045328200028, 045328100001 and 045328400018 also known as Lot D of Recorded Exemption No. 0453-28-2 RECX19-0060, Lot D of Recorded Exemption No. 0453-28-2 RECX19-0061, and Lot D of Recorded Exemption No. 0453-28-2 RE -3672. We have submitted the application and all supporting documentation, including the draft plat. We humbly request that the application be reviewed, and please reach out if there is anything else needed to complete the vacation. Tyler Dreman, PLS TSD Surveying VACATION PLAT OF LOT D, RECORDED EXEMPTION NO. 0453-28-2 RECX19-0060 LOCATED IN THE EAST 1/2 OF THE WEST 1/2 OF SECTION 28, TOWNSHIP 9N, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD, STATE OF COLORADO 00 2�1 ] 1ALU41NU4E CAP BONTAN NOfi 6W REBAR STAMPED Ip]4p CD' 90. JO b' JOINT ACCESS AND UTILHv EASEMENT Fdi THE BENEFIT OF LOTS A, B. C AND D OF RECXt9-0061 AND RECXt9 YOO6W PER IOu N0. 45fi0t 6t ON JANUAR 3. 2020 6J' VAaAullOu x - BY VACP%ED LOi 0 RES 0. 3034 __ OE -0060 THE BOARD Oi COUNTY REC ORES CRO85 CO4M1590NERS OE WELD COUNTY 115.061 AACRES NET 650.99 00'56'3) E, 1263.50' 00'53'50" W. 36 H 1/a CORNER 536, i9N, R6)W 3 1/35 ALUMINUM CAP ON A NO. 6 REBAR STAMPED ]0463 --- o EXISTMG AC AND RESIDENTIAL ACCESS WEST 1/1fi CORNER 530, i9N RB)W STAMPED 10)40u CAP ON A ND. 6 REBM LFL:AL OFSfRIPT10N TO RE VACATED Oi D, RECORDED ExFNPgON NO. 045]-30-3 RECXt p-pp6p ACCORDING i0 THE PLAT RECORDED FEBRUARY 36. 2030 UNNER gECEPWOu N0. 45]0022, BE NG PART OF THE Si5T 1/2 Oi' THE WEii I/3 OF BECTIg3 3B. TOWUSHIP 9 NORTH. RA GE 6J MEST OF HE 61M P.M.. COON Tv OF WELD, ATE OF LOLORA00. F5,AL OFS(7vPT1ON AFTER VACATION. BEING PART OF THE EAST 1/2 OF THE WNST t/3 OF SECTION 3B TOWNSHIP 9 NORTH RANGE 6) WEST OF THE 6TH P.Y. CWNtt OF MELD, STATE OF COLORADO, ORF PARLICUURLY DESCRIBED AS FOLLOWS 1 FEBRUARY', .S202DAUNDERDRECEPTION NO ZpIrOED EXEMP tIDN NO. 0453-30-2 RECXt9-D000 RECORDED IXI 3. qS0 SURKYINC EBEEIED UPON BEARINGS AND 0151ANCE5 FROM RCCORDED E%ENP110N N0. Oa5J-2B-2 RECx19-0060 ECORDED ON F RUAgr 36. 3D30 UNDER RECEPTION ND SJ0023 Y PERSON WHO KNOMNGLY REMOK5, ALTERS OR DEFACES ANY PUBLIC LANG SURVEY YONUNENT OR lANO BOUNDARY MOIIUMENi OR ACCE55Wir COMMITS A CLA88 TWO (3) NISOCMEANOR PURSUANT TO BiATE STATUE ..S BEARINGS ARE BPSEO ON THE NORiM LINE OF THE EAST 1/2 OF THE WEST t/2 DF SECTION 2B, i0MN5HIP 9 NORTH, ANCf H> Wf5i OF 1H P.N. SAID LINE BEaRINC NORTH 90'0 p'00' EAST BE iWEEN THE SHOWN MONUMENTS OFI THIB U KY, Ax0 WTH ALLH OTHER BEARINCB CONTAINEp HEREIN LATK THERETO. 6. LINEAR DISTANCES SHOWN HEREON ARE IN U.5. SU13 NOTICE: lA1LoiriENkTs'At RORA00 LgWT DISCOKRED SUCHCOEFECTLEGANO CKNTBMAYOANYOACTON BASED PON IANv pEiECii BEN LOM4ENCE0 MD THAN TEN YEARS FROM lnE DATE OF CEFTFICA ZION SHORN HEREON. (ME), THE U ou Ic HE PAUL ESH STATE M COLORADO COUNTY OF WELD CENTER -WEST 1/16 CORNER 830. i9 BiAUPfD t0I40N CAP DN A N0. fi REBAR N FECOUu THE PRO TY COMNI EREBY A[KNONLEDG ESS INDICATEp AB ' HEREON. ROAD RICH E�DAcousi, AT CRYSTAL ESN FORCCgNC CERTIFICATION WAB ACKNOWLEDGED BEFORE HE TNIBDAY OF 30 CONNI590N [xPIREB TN E58 NY NAN ND THIS VACATION PL 15 APPROKO By THE BOARD OF LOUNir COMMISSIONERS a WELD COUNty, B1AlE OF COLORADO. IMTNESS My HANOA AND 1Hf CORPORATE SEAL 01 ML COUNTY Tn15 - __ OAT d 30__. CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST WELD COUNTY CLERK TO THE BOARD BY: DEPUTY CLLR TO U THE BOARD CAT, i tN16 CAPNER 528, T9 3 1/a' ALBU41 UN O. 6 REBAR 5 O J313 CR 106 SCAvlcwl,' nnAP LE. NOT TO SCALE TYLER DRENAN, PLS, 30]30 SSIONAL LA _ 300' Do' SCALE: 1" = 200' URKYOR IN THE 1FY THAT iHESSUR� SlaiE OF COLORAO ESSIONAL ENGINEER fL ROUND., LINE LINE SECTOR CORNER, AS NOttO • SIAMPEO JW041 PLASTIC GP lE OF COLORA00. DO H, REBY CfRTlF1 JPERVIiHOBN. A^0 iHUP NIA P ^T IS PL CO LY 1N LL LAND SURVE TORS. AND WELD COUNTY. DATE VACATION PLAT 1. 3024 1' 2p0' FEET .66 10F1 TSD dosEs: I) AN propwnean er aimnp never as em ee a all.. mr.m. f. re m. elnnn m n.T.:. a I. ma ea ner . n In. w la°coptmrnceee.r In. nepina .nbee4 i. a rrom °in..n.linp er refer. p nlof-war nil, 4wnhnxm �. . . mX.dl A, e. E.F P Ino leclfmn°103.1 tre .,_ .. of Bulleinp. I[od _,._ __ _ wllM1ln ea 000-rxf Halo, el y te,ma of Cnapler IS In occorOm �n.iw.l< ce��Ir scare el cemm�.ne�:�piln ....meta. wet smm� 1?:ma �.u.v3ei °n. w.le ca as caaP. r al rn. reP•M a aP.ra noel. or °°-° Inq x.me. w..m en In. all.. parxmf h cnephrpls. Amne I one II, e/ Im. woe ce��ry cce.. / 6) w en, w x apwnq x .a wumn .,I p q -al y par a mean. • n p Inn wllhin IM1e xnlmg county n9nlu !m oYl«ef ^) A utlll� x • nedicalea for rna bet owners a clualn9 rwli?M a rp; mica. ecafem olnliyumfim ro y'rineielPll"n,hon olMrvlxnlm eee rM use e/ auto eaaementa wlfnoul In pprovallal p none wiln 9nls of xe of faun opppciallatn for Prelimina rdaPpropretl'lacxx Iocallionnlaa anown on°Innep aubmll c c p • occeaa f0) Axewar4 Intl -Way Vuav�mnl poor ror°mmm �n manf. unM rlpnn-af lowoY ar xaemenr anon 9 an tl) T • nnforlcol lie pa ems ana rvnoll emamn will be malnloinad on the ails. 12, P entlal purcnoaera .haul. b a C De ells,ble t wall permit cn ellewe t p n ntl/or the wale p o clock onlmoh. iM1e ole Dlrhlon or woiar Reaeurcx faxes ell .ell permin. 13) PPlenllol u cnoaen oho be ow d nkinp wah ne ColoraCerOepanmml oa Public Xa ounfy Depenmenl of a lnenolhnnl nnngiy eneoureea, well uaen Io teal rnx grin p am prtor la eenx P m o M iaai y fa) P Ine lal owner old uu arblerm abfoln o w Imlpl,�l'I bM1 111at� Owblen el water Reaou.caa laauaa all w p«mNa. S�rvlc��rinef Len nave an aapwoie pwohr pv r r sulNchn vealiry� q rune pe aabillhnl of pion q 16) Bulldinq perm h anal) ee nor fa Me eonaHu r c sing. 0u11ein9anlM1al on an Ap Evampl iBullelna pe A Ir%unmmn ar Senlane29�1-20 nonee9eel n p9-3-p0.B.13 0� anry ode a alntlq N,. noxver, a Lemihan o ComPlionx m na awe ninq :o°anio.nf QIe cn ..<i^ m �a.e: e<4 p Ifrr. a a rar r .I«In<el ..r.ln la fn. el�limn9l or er w nnp o n 9 o In �oeilirylliee ane O.ainape�imxn Gx �� I, will be vu ee to aen«e le Ine lee atrucmn o/ rM1s county 9 Pnar la 1M re ease el b c t eedn n Iclutl�ui, In I ulleu ^IQE cairn IM1aebuplElnm aflene the epoleaaacrly loon nnaucn e .Hoff In He gMotedealgnalion o Recorded Eremprlanp na mbar. RECORDED EXEMPTION NO. 0453-28-2 RECX19-0060 wFMQ'+1iIM11MYNA1OMd71r(Iw iF 11 THE EAST HALF OF THE WEST HALF OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO (SHEET 1 OF 2) $URVEYTR'��TAM Oucammun. VICINITY MAP x mom me lax orl linens ai. or cemraee srn. eaa.d ar I rlennme a• tv° /: Hen ey and Y a, antlu Wem eCeunry na RpnnaNenrtl a�Enpinean fee r,ire NI/or use of fnl Inetrumem for any purpeaa cana111Wx 9 ment by Ine cllenl le all farm. alaletl Hereon. aulnorizelian. A p u 3) BA511 OE BEARINGS: ine Bearing of NenM1 9000'00' Eon eemeen 1M Hennwxl tamer of B«Non 2B (monumenhe wlln a p 1/z' aluminum cop, LS. 133]. an o 66 near) and fns Nermxar comet D/ action 1B (menumenha wltn a 3 I/2' aluminum cap. L5. 123]. on a Ili reba.) la ..sumac. m)a�°Hat b. <ampl.h, ennea::e p. ..n mrmmenan. ana ar. m b. a.w r Ilea <mn.r. p -ar- ar m<n ar. .M1awn n.nm EASEMENT 15, R, TES: ANB RSGNTI OF W NFORYATIOON NHOWN XEREON ARE Al LI6iED IN LHE WELD COUNTY ROADViEWEg5 REE ORLS 4ND 1EWARi 11 E COMP. Y E ORTNERN COLORADO OaTED 0 Y Y. FILE x R6a1Bp. N 1ENENi YD EA9EMENi1REE ESNNWA1 PERFORMED BY CND ATT 1X11 SURVEYNDOTCA S 0 5 MAY c1HOWN RECORDED A ENi1, UIILItt LOCATES ARE RELOMY[ i0 pETERMIHE 1XE L iION Of 1iNE I) RINM el nV inteae<�m. it apx ner <anhin xlnnensee�amneian n ane.mme locptim, Im�es6ps.. (Eaxeemn Bla) �) E Namllon. TM1e tloxmml eex ner cenlaln aurllcipnl p0o t98tee le en:rmn. IecIBl6B3].e (Eacepri°n 1'.newn. 3) Eoxment 1 rl-clan Cenenflen end iranaml,Man Axoe .lion In Ruh ane Ommancamee clay 0, n19B1 v, Racepllan Na. 186.8).. IE.ceNwm onl si T u I • mnl ax<neee In In. a«emml ewe ner Ile .lmin 1M1. bean of the xbl«t par men/are na. b..n nol .Hawn. a) Exolallen. inpeudn mml saes n rl«/nlc lnaaallicmnf intermorlen fa dne.mine Inca Raapllen ion 109.Yepp.v(Ers n 616) PROPFRTY DFSCRIPTLL: Hem ° e n PII (C. 1/3) of IM1e Wnl Xall Ica. i/2) el Secflon 28. iowneM1lP 9 North, Ranpe 6) Wan o/ . I P Manama. county or wale, store of eeia.mD. aba..-m.anb.a map. I nij . clonal a and e..ney ,p«lol nrlew. npndarm som 'pN� SERTIFIOATE OF APPROVAL BY THE ROARD OF COUNTY f.OMMIt$)QNERS: rm• peal h a p ana aparar.a br m. Bea,. al caamr cammnnan... el w.m copmr, slab al CM1olr, Beare m coo., Conon.. AiiE1i: `^^'ter �.KIWef ��1A\ RECORDED EXEMPTION NO. 0453-28-2 RECX19-0060 THE EAST HALF OF THE WEST HALF OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO (SHEET 2 OF 2) COUNTY 6HEET= OF= RECORDED EXEMPTION Paui Esh 46715 CR. 19, Nunn, CO 80648 Dn I/I 2/10 44, SD CO RO DEsicu6D CC KEO BY OPTE PROJECT 110. 2018-03] ALLES TAYLOR & DUKE, LLC 3610 35tH ♦va., Unil 6 E;R„F, coiRram06 6D62o (e]OJ 330-03 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: July 29, 2024 Hearing Time: 9:00 a.m. Applicant: Paul and Crystal Esh 46715 County Road 19 Nunn, Colorado 80648 Request: Partial Vacation, VAC24-0009, of Four -Lot Recorded Exemption, RECX19-0060, for Removal of Lot D Legal Description: Lot D of Recorded Exemption, RECX19-0060; being part of the E1/2 W1/2 of Section 28, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: 0.25 mile east of County Road 17; south of and adjacent to County Road 102 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: July 17, 2024 1 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF R ECX 19-0060 Owner PAUL AND CRYSTAL ESH DANA GOOD ATTN: TYLER DREMAN TSD SURVEYING Address 46715 COUNTY ROAD 19 8511 COUNTY ROAD 100 13013 COUNTY ROAD 86 City NUNN NUNN PIERCE State CO CO Zip 80648-9714 80648-9725 CO 80650 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, RECX19-0060, in the United States Mail, postage prepaid First Class Mail as listed above. N nJ U - IT" a a C7 a rR N Dated the 17th day of July, 2024. ri/t . 0A 1,0,Lic Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ S Postage $ Total Postage and Fees Sent Tc Stn City, Postmark Here Dad i?cotJDD 115 PS Form 3800, April 2015 PSN 7530-02-000-9047 1 N COMPLETE THIS SECTION ON DELIVERY 4-4 C a) a)so Q Q DO X Ti) 9- 0 B. Received by (Printed Name) Q) a) t C O ED - co 2 N C D (1i m (NI$C a) F (d C Q) L O O a ›' C — O -i U a ■ I. C) 0 O D 0 i d) L C (0 U tel O N U a) E 4J O (0 O O O O Q ■ ui a 0 a O '._- 4C 2 O 4- CD C O 5- O (I) 0z ❑D T 0 0 E 4- Ca ÷d -0 N -O cn a ai -0 -D L (1i o Q) N O W U ci Article Addressed to: T C O y. r 7,„ O0 O (1) o i O O) Q)— C C ti cc cc a Cl) VJ cc ODD OD Restricted Delivery CD Q. m o f^�'Rsro c c�� j 0) a) 73Ct (r) 1:< OO D❑ ❑ C O c0 FE C 0 (c a.) 0 a) 0 1 N a) CC 9590 9402 8258 3094 6627 40 N a) CC .w OO=en 0 0dr- 15 46 a) a) O o OU' ❑DC 1 Article Number (Transfer from service label) 5n U, N 0 N IT L7 U- 0 a a S r� 1U SO IS Domestic Return Receipt a) CO r co LL 0 ru O EN- E' a U - a a II a r-1 r1 ru 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 Mail Restricted Delivery $ Adult Signature Required $ O Adult Signature Restricted Delivery $ Postage ToN Page and Fees Lder brtma S PS Form 3800, April 2015 PSN 7530.02-000-9047 1 n Postmark Here See Reverse for Instructions L N C Cl) a) C) a) CC COC C C fn 2.1 op a) CD (13a) do: E aEC x . .> ooa) .roav 0 0 n 0 0 0(1) >,). as •Q)-?- C C .c a) a) o ,' o a.ccccO0)Um ) cc DOD DO W�� as Q) 0 Q a) 0 a) c U O5 a)3- ® <<OCDOO. ❑❑�i❑❑❑I 0 sic O C"a (i) -a C D (la la N r Cd c) a) Cl 0 I-- 0 0 CL C o 01 0 0 ai aa)) E 0 . Cl a) 0 4-0 0 Q ■ g a 0 a 4-0 0 1 O in -2* C usO it kr> c\ — _a V C C N N- uct CD Co CO CO 0 C, a, a, Article Number (Transfer from service label) n C) > (5 0 a) U] RJ O U�. r U. CI O ru a Domestic Return Receipt CO 0 rn 0 0 0 0 CO Cf) O 0 CNi — C7 0. 0 crab N C Q Pe N r T , E a) o • - a) E o U) +' L C U 131 UJ > 4) L 13 T ca) L C a 1. Art 1 V oi3 INIEM•••••• (\ilinesea. a a) 4- U ® N 1/1 N a) 2 cc w22 ro a 2a) >32 i.N O c) a) o_ cc C C O O � E UO a) > czn_ C C a) O pp) CC 0 U) DOD ❑❑ a) C) 0 C, �-. U W 2 ® cc ra c 2 2 c -0 O in ai 0% ❑ O ❑0 r -- N CC) C, Co co N CO O a, m V ) a) V a) O C .'-. Vl n) CC u C) U 0 ru a U-. 11 N Domestic Return Receipt Cr) c[) 0 rn 0 0 0 C/) a 0 CV CV 3 PS Form 3811 Ii ru a 0 a a O a U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . Certified Mall Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ • Adult Signature Required $ (� Adult Signature Restricted Delivery $ Postage Total Postage and Fees Ci • tate, ZIP+4 S . (I n 1 1 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Postmark Here WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/1/2024 3:52:06 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. ay, I/Oco cos) Git rj I ( 1 Z, f Signature Date Property Owners Within 500 Feet of Parcel # 045328200028 Account Parcel Owner Mailing Address R0315686 045321000002 ESH PAUL 46715 COUNTY ROAD 19 NUNN, CO 806489714 R8965229 045328100001 ESH CRYSTAL R8965229 045328100001 ESH PAUL 46715 COUNTY ROAD 19 NUNN, CO 806489714 R8752400 045328200006 NEAS FLORA NANENE R8752400 045328200006 NEAS EDWIN D 8202 COUNTY ROAD 102 NUNN, CO 806489751 R8752500 045328200007 LOWE JOY L 49566 COUNTY ROAD 17 NUNN, CO 806489754 R8965228 045328200028 . Lk+D ESH CRYSTAL L R8965228 045328200028 Lfri7P ESH PAUL S 46715 COUNTY ROAD 19 NUNN, CO 806489714 R6776021 045328300022 LEWIS KORRY D Parcels: 19 Owner Records: 35 Page 1 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/1/2024 3:52:06 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. atn tatAw) (1 rj I I VI Signature Date Property Owners Within 500 Feet of Parcel # 045328200028 Account Parcel Owner Mailing Address R6776021 045328300022 LOPEZ KYLE B H R6776021 045328300022 LEWIS KRISTINE J 49378 COUNTY ROAD 17 NUNN, CO 806489754 R8965225 045328300025 1``T h ESH CRYSTAL L R8965225 045328300025 � INS T^A ESH PAUL S 46715 COUNTY ROAD 19 NUNN, CO 806489714 R8965226 045328300026 L i3 ESH CRYSTAL L R8965226 045328300026 4 3 ESH PAUL S 46715 COUNTY ROAD 19 NUNN, CO 806489714 R8965227 045328300027 Lae/ GOOD DANA 8511 COUNTY ROAD 100 NUNN, CO 806489725 R8965230 045328400002 SCHLOTTHAUER ELAINE VERA R8965230 045328400002 SCHLOTTHAUER EVERETT DUANE 8531 COUNTY ROAD 100 NUNN, CO 806489725 Parcels: 19 Owner Records: 35 Page 2 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/1/2024 3:52:06 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. OOP itiaA or Lit ,•1 I I ZLJ Signature 1 Date Property Owners Within 500 Feet of Parcel # 045328200028 Account Parcel Owner Mailing Address R8965231 045328400003 ESH CRYSTAL R8965231 045328400003 ESH PAUL 46715 COUNTY ROAD 19 NUNN, CO 806489714 R8965232 045328400004 HASS ELAINE WILHELM R8965232 045328400004 HASS JAMES MARTON IV 8523 COUNTY ROAD 100 NUNN, CO 806489725 R8945123 045333100028 RAMOS SUSAN J R8945123 045333100028 GORDON LUCINDA M 8594 COUNTY ROAD 100 NUNN, CO 806489755 R1023402 045333200014 IRWIN DAVID PATRICK R1023402 045333200014 NOLL MICHAEL A 8308 COUNTY ROAD 100 NUNN, CO 806489755 R1023502 045333200015 SZCZECINA LAURA ELIZABETH Parcels: 19 Owner Records: 35 Page 3 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/1/2024 3:52:06 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. (j\ AA tank r-1' 1 1 2)4 Signature Date Property Owners Within 500 Feet of Parcel # 045328200028 Account Parcel Owner Mailing Address R1023502 045333200015 SZCZECINA STEPHEN LOGAN 8130 COUNTY ROAD 100 NUNN, CO 806489755 R2659004 045333201001 PROBST LIVING TRUST DATED FEB 27 2008 8420 SHIRE RD NUNN, CO 806489765 R2659104 045333201002 WINTERS MADONNA JEAN R2659104 045333201002 WINTERS ROBERT ARDEN PO BOX 744 WELLINGTON, CO 805490744 R2659204 045333201003 MIELKE HOPE L R2659204 045333201003 MIELKE STEVEN L 8404 SHIRE RD NUNN, CO 806489765 R2659304 045333201004 LANGLIE BETHANY A R2659304 045333201004 LANGLIE JACOB E 8416 SHIRE RD NUNN, CO 806489765 Parcels: 19 Owner Records: 35 Page 4 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/1/2024 3:52:07 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 # 045328200028 Parcels: 19 Owner Records: 35 Jan &tJc I I Signature Date Page 5 of 5 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: AMOUNT: $ CASE # ASSIGNED: APPLICATION RECEIVED BY: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be vacated: Recorded Exemption No. 0453-28-2 RECX19-0060 OComplete 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 5 28 T 9N R 67W D 045328200028 147.68 NONE PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Paul and Crystal Esh Company: Phone #: 970-567-7505 Email: countrybeaut2002@yahoo.com Street Address: 46715 COUNTY ROAD 19 City/State/Zip Code: Nunn, CO 80648 APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: TYLER DREMAN Company: TSD Surveying Phone #: (975) 590-2197 Email: tylerdreman@gmail.com Street Address: 13013 COUNTY ROAD 86 City/State/Zip Code: PIERCE, CO, 80650 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision exemptions. 03/28/2024 Signature: Qlwner or Authorized Agent Date Signature: Owner or Authorized Agent Date TYLER DREMAN Print: Owner or Authorized Agent Print: Owner or Authorized Agent (We), Paul and Crystal Esh I, (Owner — please print) DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TM AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM , give permission to TYLER DREMAN (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: 045328200028, 045328100001 and 045328400018 Legal Description: Lot B RE -3672 and of Section 28 , Township 9 N, Range 67 W Subdivision Name: LOT D RECX19-0060, Lot D RECX19-0061 Lot N/A Block N/A Property Owners Information: Address: 46715 COUNTY ROAD 19 Nunn, CO 80648 Phone: 970-067-7505 E-mail: countrybeaut2002@yahoo.com Authorized Agent/Applicant Contact Information: Address: 13013 COUNTY ROAD 86, PIERCE CO, 80650 Phone: (9701590-2197 E -Mail: TDREMAN©ATWELL-GROUP.COM Correspondence to be sent to: Owner EL Authorized Agent/Applicant _a by: Maii_a Email Additional Info: WA I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the Information stated above Is true and correct to the best of my (our) knowledge. Owner Signature Date I//5/off 9 ner Signature Date `,/-5/,720.4 Subscribed andm to before me this J day of r,' f , 20 241 by C.>,r ,1��, r�o,�: i S Es&. . My commission expires /Z — — Z 0 ? Notary Public MICHAEL A. KATALENIC NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184045161 MY COMMISSION EXPIRES DECEMBER 10, 2026 Weld County Treasurer Statement of Taxes Due Account Number R8965228 Assessed To Parcel 045328200028 ESH PAUL S 46715 COUNTY ROAD 19 NUNN. CO 80648-9714 Legal Description Situs Address PT W2 28-9-67 LOT D REC EXEMPT RECX 19-0060 Year Tax Interest Fees Payments Balance Tax Charize 2023 $292.56 $0.00 $0.00 $0.00 $292.56 Total Tax Charge S292.56 Grand Total Due as of 03/28/2024 $292.56 Tax Billed at 2023 Rates for Tax Area 0915 - 0915 Authority WELD COUNTY SCHOOL DIST RE9-AULT NUNN FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREF.I.FY CONSERVATION Taxes Billed 2023 * Credit Levy Mill Levy 12.0240000* 23.2820000* 4.0000000 6.3360000 3.1960000 0.4140000 Amount $71.42 $138.30 $23.76 $37.64 $18.98 $2.46 49.2520000 $292.56 Values AG -DRY FARM LAND AG -WASTE LAND Total Actual $22,468 $15 Assessed $5,930 $10 $22,483 $5,940 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1 TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 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 of the status as of this date of all property taxes, special assessments, and prior tax liens attached to this account. Signed: Current year's taxes are due but not delinquent. (YYLiUflLc5 Date: 1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632 (970) 400-3290 Page 1 of 1 C� 982 Pages: �2 <�G v /12/2024 1219 PM $18.00 D Fee. .$0.00 Carly Koppas, Clark and, rder, Wald County , CO ,' \� IIIII I��r1��C�ug�l�\ � �14� 4.whaYfe roil Mri� s 11111 STATE OF COLO,, WELD COUP KNOW ALL MEN BY THESE PA E' ENTS, That for and ir, coEsideration of the sun off' dollar ($ 1.00) in411 paid to PAUL S. ESH CRYSTAL L. ESH , resit at 1715 COUNTY ROAD 19. NI*2)C0 CO 80648, County of d, State of Colorado (tiainafter ; known as the "Grantor(1J) hereby quitclaims to„ kUL S. ESH AND CRYSTAIJSH, residing at 46715 (;Y ROAD 19. NUNN. C48, County of Weld, St# of Colorado (hereinafter k �'�9qWn as the "Grantee(s)") rights, title, interest a daim in or to the following dece6ed real estate, descrfe 'as: LOT1 O1=RECORDED EXEMI T iN NO. 0453-28-2 R CX19-0060, BEING PART OF THOAST 1/2 OF THE WEZ 1/2 OF SECTION 28,,TONNSHIP 9 NORTH, E WEST OF THE 61H Pik -COUNTY OF WELD, STATE OF COLORADO (J Space A This Line for Recordee`'s'Use LORADO QUIT CMA DEED To have and t,o; d, the same togethef,th all and singular the , Lirtenances thereunto b aging or in anywise appar ining, and all the estaW ght, title, interest, lien, equi ;arid claim whatsoever fq0be said first party, eithe,law or equity, to the only p op i use, benefit and bet oo -bf the said second party fdrever. 1 Ci a1 or's Ure J' :;' cr' STATE OP COLORADO) C NTy OF Lax : c c ( 4965582 Pae C of l 2 C� 00/12/2024 12:19 v ee:$18.09 D Fee:j0.0 Carly Keeps, r order, Weld Countv , gli�RiON'AINVI' L�I ► 1I III I, the undersigned, tary Public in and f County, in said Stat jreb'fy J that C Uiv��A s(1.‘�� Esh <<;' se names are signed foregoing instrument, o is known to me, acl powledged before me o this day that, being informed o contents of the in {OM, they, executed the a voluntarily on the day the s ie bears date. G'-11 under my hand this day of JULIANNA 'OAL Notar � blic State i oredo Notary 1 20234018649 My Commiii)tr i topires 06-23-2027 1'x,1 e �a , ublic y Commission Expireci3OS 13 - -3.O14 `�' J Planner: Case Number: Applicant: Request: Legal Description: Location: Parcel No. Requested Size of New Parcels: Water Source: Sewer Source: Narrative: DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Diana Aungst RECX19-0060 Paul and Crystal Esh Four Lot Recorded Exemption The E2W2 of Section 28. T9N, R67W of the 6th P.M.. Weld County, CO North of and adjacent to CR 100; approximately one -quarter mile east of CR 17 0453-28-2-00-024 Lot A: +/- 4 acres Lot B: +/- 4 acres Lot C: +/- 5 acres Lot D: +/- 150 acres Hearing Date: November 20. 2019 Zone District: Original Parcel size: Lot A, Lot B, Lot C, and Lot D: Proposed Well Lot A. Lot B. Lot C. and Lot D: Proposed Septic A (Agricultural) +/- 163 acres The applicant is proposing a four -lot Recorded Exemption on -163-acre property. The is another four -lot Recorded Exemption on the adjacent -161-acre property (RECX19-0061). These two pending four -lot Recorded Exemptions are side -by -side and appear to form a subdivision. It is the opinion of planning staff that these two proposed four -lot Recorded Exemptions appear to be evading the subdivision regulations per Section 24-8-20.A. Per 24-8-40.C.4. the access should be on the road with the lowest traffic count which is County Road 102 the gravel road to the north. The applicant is requesting an access on County Road 100 which is a paved collector status road. Per Section 24-8-40.J the proposal is not consistent with sound land use planning practices, and Per Section 24-8-40.K. the proposal does not assist in an orderly and integrated development, does not promote the health, safety and general welfare of the residents of the County, and does not encourage well -planned subdivisions by establishing adequate standards for design and improvement. These two Recorded Exemptions (RECX19-0060 and RECX19-0061) are adjacent parcels forming a half -section; both under same ownership. This memorandum is for the western quarter section. The proposed three (3) smaller lots are 5 acres or less in size and the largest lot, proposed Lot D, will be 150 acres in size. The applicant is proposing a four -lot Recorded Exemption on H63 acres (one -quarter section). One - hundred -sixty-three (163) acres allows the potential for a four -lot Recorded Exemption as long as the new largest lot (proposed Lot D) will remain greater than 120 acres and the smaller three (3) lots will each be less than 35 acres and a minimum of 2.5 acres net as well water is proposed per Section 24-8- 10.B and Section 24-8-40.L of the Weld County Code. R E CX 19-0060 Page 1 of 8 This parcel meets the size requirements to apply fora four -lot Recorded Exemption; however, this case is being recommended to the Board of County Commissioners (BOCC) to review whether the applicant is evading subdivision regulations and circumventing the intent of the Recorded Exemption process to create subdivisions in agriculturally zoned and rural areas of the County. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-20.A, and Section 24-8-40.C, J, and K of the Weld County Code. Section 24-8-20. - Recorded exemption. A. The Recorded Exemption is a land division process used to divide a lot into two (2), three (3) or four (4) separate lots. Examples of when a Recorded Exemption application may be submitted include creating a lot in the A (Agricultural) Zone District fora single-family residential building site, separating existing improvements from agricultural land, and creating a lot in a Commercial or Industrial Zone District for existing or future development. A Recorded Exemption must not be for the purpose of evading the requirements and intent of this Chapter. Section 24-8-40 — Exemption Standards K. The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter. A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. C. Encouraging well -planned subdivisions by establishing adequate standards for design and improvement. Section 24-8-20.A states, in part, that "A Recorded Exemption must not be for the purpose of evading the requirements and intent of Changer 24 of the Weld County Code," The two proposed Recorded Exemptions will create eight (8) lots with five (5) of the smaller lots clustered in the center of the half -section and appearing to be a subdivision. This cluster of parcels is consistent with a non -urban scale subdivision or Planned Unit Development (PUD). The subdivision process like a minor subdivision, major subdivision or a Planned Unit Developments (PUD) is the appropriate mechanism to address this proposal. The subdivision process requires public water system which is not available at this site. The only potable water in this location is water wells. The recorded exemption process does not provide the appropriate review process to address concerns such as access and emergency services. By not going through a subdivision process there is diminished opportunity to evaluate the neighborhood and establish adequate standards for design and improvements. Section 24-8-40 - Exemption Standards J. The proposal is consistent with sound land use planning practices. In five (5) years the property owner will be able to submit another Recorded Exemption for up to four (4) lots. The property owner will be able to submit a Recorded Exemption to split the property until Lot B is thirty-five (35) acres every five (5) thereafter. Creating multiple Recorded Exemption Lots without utilizing the subdivision process is poor planning. There are issues such as the establishment of utility easements along lot lines for water, sewer, electric, gas, etc. Multiple land splits using the Recorded Exemption process and not the subdivision process is not sound land use planning. Section 24-8-40. — Exemption Standards C. An access is, or can be made, available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist. C.4. A new access with a choice as to which County road it feeds onto shall choose the County road with the lowest traffic count. The applicant is proposing to access the Recorded Exemption Lots from CR 100 which is a paved collector road. On the south side of CR 100 is an access point for The Shire, a Cluster PUD (approved in September RECX19-0060 Page 2 of 8 18, 2003 under reception number #3107608). The proposed access for this Recorded Exemption does not align itself with The Shire's access point or any other permitted access points to the south. The Shire PUD has a single approved point of ingress and egress however, the property owners within this PUD have constructed new accesses for convenience. These new accesses are not recognized by Weld County Public Works as a safe, legal, and permitted accesses. The two access locations proposed for the Esh Recorded Exemption are below the crest of the hill on County Road 100 as you travel east. As proposed, the location of these access points appear to create a traffic safety hazard. Additionally, the proposed accesses are on a collector status road with a posted speed limit of 55 (County Road 100). The subject property is also adjacent to County Road 102 to the north. County Road 102 is a gravel road that typically has reduced speeds. County Road 102 also has a better sight distance between County Roads 17 and 19. Due to County Road 102 having a lower traffic count than County Road 100 the access point(s) should be on County Road 102 per 24-8-40.C.4. The proposed Recorded Exemption as submitted is not compliant with a safe point of ingress and egress to a publicly maintained road. The application proposed to utilize a shared access for five (5) to seven (7) lots without addressing or constructing to the minimum rural road cross section. This road is a private road and the access to it is shown on the Recorded Exemption plat as a shared access between the two Lot Ds on County Road 100. This is not a publicly maintained road and there is no evidence of a maintenance agreement with property owners and no evidence that the road as constructed will provide adequate access for first responders. Background: 6/20/19: This Recorded Exemption was inadvertently conditionally approved by staff. 8/29/19: The applicant submitted draft Recorded Exemption plats for review by staff. 10/3/19: Planning Staff and Public Works discussed the two proposed four (4) -Lot Recorded Exemptions and that they appear to be a subdivision. (both Recorded Exemptions are owned by the same property owner.) 10/14/19: Staff meeting with the applicant. The applicant was notified that staff cannot support the two four -lot Recorded Exemptions as submitted. The applicant was given the choice to withdraw one of the Recorded Exemption cases or propose a reconfiguration of the lots. 10/16/19: The applicant submitted an alternate configuration for RECX19-0061 the 161 -acre property adjacent to the east. However, the arrangement of lots on this Recorded Exemption (RECX19- 0060) remained the same. 10/18/19: During the weekly joint meeting with Public Works and Planning Staff it was noted that the new configuration posed significant access issues for the Weld County Public Works Department. 10/29/19: The applicant was notified that these two Recorded Exemptions (RECX19-0060 and RECX19- 0061) will need to be denied and taken before the Board of County Commissioners. 11/4/19: The applicant was asked if they wish to proceed with this case before the Board of County Commissioners. The applicant indicated that they wish to proceed. If this case were to be approved, the applicant or future landowner would be eligible to apply for another Recorded Exemption under the current Recorded Exemption regulations. Proposed Lot D is —150 acres so, depending on the lot size, there is a potential to create 2 or 3 more 4 -lot Recorded Exemptions within the next ten (10) years. Splitting the parcel using the Recorded Exemption process could again be repeated on the largest lot every five years by the 2 -lot Recorded Exemption process until the property is no longer able to meet the largest lot size requirement of greater than 35 acres net per Section 24-8-40.P. While this possible scenario is permitted by Weld County Code Chapter 24 Article 8, it does not meet the intent of Chapter 24 Article 8. Should the Board of County Commissioners approve this request, the Department recommends the following conditions be attached: RECX19-0060 Page 3 of 8 Prior to recording the plat: A. The applicant shall submit to the Department of Planning Services unrecorded deeds that describe the new recorded exemption lots and associated recording fees. The deeds will be recorded in conjunction with the recorded exemption plat. B. The applicant shall attempt to address of Weld County School District RE -9, as stated in the referral response dated May 14, 2019 per Section 24-8-40.K1 of the Weld County Code. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. Lots A, B & 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. Net acreage calculations should not include future road right-of-way. D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.6 of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0453-28-2 RECX19-0060 B. All access points shall conform to: Section 8-14-30. - Regulation of access onto County roadways. A. Access to a Single Parcel. Each parcel shall be limited to one (1) access point for safe ingress and egress, which may be an existing or new shared access, except if allowed pursuant to Subsection E., below. E. Additional Access. Additional accesses to a parcel may be allowed if they comply with the spacing criteria for that road. If a new access is requested that does not meet the spacing criteria to a legal parcel where an existing access already exists, the additional access shall not be approved unless the denial of the new access creates undue hardship on the property owner, as determined by the Department of Public Works. Whenever multiple accesses to a single legal parcel exist, and additional accesses are requested, one (1) or more existing accesses must be removed, minimizing new accesses and utilizing existing accesses. Access Spacing Criteria. The following Table 1 reflects the minimum access spacing criteria for county roadways and intersections. Table 1 - Minimum Access Spacing Criteria (Feet) Arterial 1 Collector ; Local Access Element Distance between intersections T Signalized 2,640 [ N/A Unsignalized 1,320 Distance between accesses and intersections ! 660 Distance between access points 660 Distance between access points in subdivisions 330 150 75 C. County Road 100 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full RECX19-0060 Page 4 of 8 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. D. County Road 102 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. E. Show and label the existing and proposed access points 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. F. Setback radii 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. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 3. 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 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.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lots A, B, and C are not eligible for a future land exemption in accordance with Section 24-8- 20.C.3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 6) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 7) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 8) Access on the site shall be maintained to mitigate any impacts to the public road including RECX19-0060 Page 5 of 8 damages and/or offsite tracking. 9) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 10) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the Lots A, B, C, and D have an adequate water supply of sufficient quality, quantity and dependability. 13) Potential purchasers should be aware that Lot A, B, and C 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. 14) 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. 15) 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. 16) 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. 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program, the County Facility Fee, and the Drainage Impact Fee Programs. 18) 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. 19) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 20) 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 RECX19-0060 Page 6 of 8 and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5- 102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. Additional Information. A. A Weld County septic permit is required for any proposed building requiring water and sewer. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. 5. 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 Board of County Commissioners Resolution was signed. The applicant shall be responsible for RECX19-0060 Page 7 of 8 paying the recording fee. 6. 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 BOCC Resolution was signed, a $50.00 recording continuance charge shall added for each additional 3 month period. 7. 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. 8. 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 \cif,co-CiLuvV-- Diana Aungst • Date: 11/13/19 RECX19-0060 Page 8 of 8 Hello