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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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20240069.tiff
RESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0054, OF FOUR -LOT RECORDED EXEMPTION, RECX16-0085, FOR REMOVAL OF LOT D - MICHAEL MCCRERY 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 July 13, 2016, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX16-0085, and WHEREAS, the Board has received a request from the current property owner, Michael McCrery, 1719 East Mulberry Street, Fort Collins, Colorado 80524, to vacate Lot D of Recorded Exemption, RECX16-0085, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX16-0085; being part of the NW1/4 of Section 23, Township 9 North, Range 64 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 easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Michael McCrery, for Partial Vacation of Four -Lot Recorded Exemption, RECX16-0085, 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. 4941016 Pages: 1 of 2 cc'•PL(ER/MN/E5), ASR(SG), 01/24/2024 10:49 AM R Fee:$0.00 Carly Kceoes, Clark and Recorder, Wald County , CO I°1PP1.. 1111 KS PlaliEMAI14Irlh'IIIK Si VIII0k ill III 02 /g6/24 2024-0069 RECX16-0085 PARTIAL VACATION, VAC23-0054, OF FOUR -LOT RECORDED EXEMPTION, RECX16-0085, FOR REMOVAL OF LOT D — MICHAEL MCCRERY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of January, A.D., 2024. ATTEST: ddmi,t) G( ` , %,A Weld County Clerk to the Board APP FORM: County A •rney Date of signature: 12-11 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO { Kevi Ross, Chair Perry L. B Pro-Tem Mike Freeman Scott K. James 4941016 Pages: 2 of 2 01/24/2024 10:49 AM R Fee:$0.00 Carly Koppel, Clerk and R.00rd•r, Weld County , CO .1111 2024-0069 RECX16-0085 To: From: Subject: Hearing Date: Owners: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Eric Sheley, Planner Partial Vacation of RECX16-0085 January 8, 2024 Michael McCrery 1719 E. Mulberry St, Fort Collins, CO 80524 Legal Description: Lot D of Recorded Exemption RECX16-0085; being a part of the NW4 of Section 23, T9N, R64W of the 6th P.M., Weld County, CO Location: East of and adjacent to WCR 57; South of and adjacent to WCR 104 Parcel Number: 0459-23-2-00-025 & 0459-23-2-00-024 Total Parcel Size: +1- 131.23 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot D, being the largest lot of the four -Lot Recorded Exemption RECX16- 0085, recorded September 14, 2016, reception # 4236607. This partial vacation of Lot D of RECX16-0085 would result in an approximately 131.23 acre unplatted parcel. 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 RECX16-0085 I McCrery Page 1 of 2 2024-0069 �t i�r.C� ftp o )%6 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 RECX16-0085 I McCrery Page 2 of 2 DocuSign Envelope ID: 65009676-D7AA-47D1-BCC5-7D8F3FEF105F To Whom it May Concern, I/We Michael J. Mccrery (Name of Property Owner) are writing to request the (complete / partial) vacation of Lot D of (Code one) (Insert Lot Designation) Recorded Exemption Recorded Exemption No. 0459-23-02 RECx16-0085 (Insert Recorded Exemption number) Michael J. Mccrery 11/14/2023 Print: Owner or Authorized Agent Do'c'u,SiAgned by:1411,114,7 o5@fEtWOwner or Authorized Agent Date Signature: Owner or Authorized Agent Date Print: Owner or Authorized Agent 11/14/2023 VACATION OF LOT D OF RECORDED EXEMPTION NO. 0459-23-02 RECX16-0085 BEING LOCATED WITHIN THE NORTHWEST ONE —QUARTER OF SECTION 23, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE SIXTH P.M., COUNTY OF WELD, STATE OF COLORADO. _ __ Oo foTi xcex.l r,s xs x g,sao lul mm x0 c.v sera Tsv re. ei (olx)s race or ry)Im) rx.l ns x≥.�r eaw tvl - xc/0m+"a rxr �vg) - wdures OEuex r x r or x[ ,s,g GRAPHIC SCALE m 34RERTY pwNER'S CfRNEICATL sr.rE ar 00,0,1.00 ss 0f anEcOirvc _ .0.. 70_ ser yOys[LLMCCBEPY af. u[ r is a r UB BOARO Of COUNTY COMMISSIONERS AP�IVA4: NES, rv. „.xo .0 xioz,1,1o,1.,E sE4 oe wE,o COLINTY 001.1,510.. r0 B0.0 SURVEYOR'S OFRT',OAT, 01.1 a�i N. ECmax05. o_s sg9cB SURVEYOR'S NOTES: nrx 45 s mrxiry rrvE s0 wi0g. l�:,rj Er w[. 1.561 ORVEL;nE A ILI CO1MY ROAD OA Laic Mfilc - 1SG' Let C 3.81 4c. S► 3.et 4c, rt alror,asa» LOT a 4 _ Pro s WAR 0 L D 114t &i5h y WI Pronilf47771 sessestr awes' ' wn werSossamettormarcomessotsor trir11ir� vro[f OAT�D :�w,� rn ` oo aeb�+�OrMtr umossas..la,.ap rw ria taut 1.�M��MOt � � attrrar 4: C....4 MCtWi "11112.2"1. loiellnefit My Awillnalmmosontitug } raea Dy atitN0,1 soon „mai "eot�w!tc=p��s,i Irwci NtDWF,►4 MIIF+1*Ii11M'lM,111NN.9Ml�W11tl! tll RECORDED EXEMPTION NO. 0459-23-02 RECX16-0085 LOT D GROSS 131.23 ACRES NET 129.28 ACRES +/- mu x es�rcR� E a wiw LOT RECORDED EXEMPTION NO. 0459-23-2 RE -4279 (NOT A PART) VICINI MAP BEING A PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO LEGEND BASIS Of BEARING a,rxE xowsook sE�crwxx> ro.rsx�Rs xDxx. NOTES: TIEltERESErireal...X.V.SATHE �AxnEa li91E0�9 GROUPSR,4 F, i. M. i.M4nDR M,r cwnr mDe eN'`owoacaweYsaw°om°Nsw.w.ccramv`�icse r"ix"ssFRiia�z`�eue. aF�isvc�`r.E�`issaxrrc�P°"°'mE oEso sx.ui �r�c�o�F�wEim D"Ea°r uinxu"s`o"one �oe°e°sR''-mw+PiR°xDieEna°i°n �:Er+9C1°i D°'E�Rrar°iDi wa ' rEPs"miv'µxcxiMR'iovaERsoRs�oUr1°FoE���wiwui `nE aoFkivf wn"-DFn� oFiiarciEixEikEi.�isBiHe u�rEDavvi'arDia" LEGAL DESCRIPTION PROPERTY OWNER'S CERTIFICATE EZZiny iPiE DF<DLgtW01 oF�.n+Q.EY�baro m:CN Mus,axovMEDDEDYEroRE YErxs.gwv \\\247 DEPARTMENT OF PLANNING SERVICES ACCEPTANCE: YcsE,as .:1 4ERniIDi, sRcxHNaEmEDOEFaxk YE ixisL wr mruk-w wows � e SURVEYOR'S CERTIFICATE: 1.2"....1.77r., NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. 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. Date: January 8, 2024 Time: 9:00 a.m. Applicant: Michael McCrery 1719 East Mulberry Street Fort Collins, CO 80524 Request: Partial Vacation, VAC23-0054, of Four -Lot Recorded Exemption, RECX16-0085, for Removal of Lot D Legal Description: Lot D of Recorded Exemption, RECX16-0085; being part of the NW1/4 of Section 23, Township 9 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 57; south of and adjacent to County Road 104 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: December 27, 2023 Postmark Here ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX16-0085 Owner Address LARRY VAZQUIES 50990 COUNTY ROAD 57 JUSTIN KREUTZER AND NICOLE LOVE 50992 COUNTY ROAD 57 CONR(c GONZALES 50994 COUNTY ROAD 57 MICHAEL MCCRERY 1719 EAST MULBERRY STREET City AULT State CO AULT CO AULT CO FORT COLLINS CO Zip 80610-9212 80610-9212 80610-9212 80524-3523 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, RECX16-0085, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 27th day of December, 2023. nt Lui)avuirt_k 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® nrFic;ii Certified Mail Fee Extra Services & Fees (check box, add fee IS appropriate) 0 Return Receipt (hardcopy) S 0 Return Receipt (electronic) Certified Mail Restricted Delivery Adult Signature Required ❑ Adult Signature Restricted Delivery S S S $ Postage Total Postage and Fees $ Sent To Ci C 7-7 F•ft, 0 O cn 4-6 Cn x a) - .> 0 4- a) 0 U -o a) U C%. 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LADIL._ Otter Ted 5'7 re 1 i LID —c12 -12 - PS Form 3800, April 2015 PSN 7530-02.000-9047 See Reverse for Instructions Postmark Here COMPLETE THIS SECTION ON DELIVERY m ca o) us) Q C) C L — to CD < Q oa U a_ a�i 1 NVE5 N o otn Lin -E"' L ro 15 c U3 • 0-0 ctl s cp cU co 0 W items 1, 2, and 3. a) U) a) N L 0 s` ZJ Z7 co E C a C -*E4 OO a ■■ 0 0 D U s C a) Cu a) tag ^lw 0 a) *a E sc U ▪ �• U ..0 a lv Q) U a o co .a -- U C O C a) -C ,CCI Q O ■ -O a) 46 i� •i to N to i (Z xa (0 D a 2 a) a) C O ;_. E I C U C O ca tea) y • N CI 715 N . N C C aCCC0w(n ODD ❑❑ 0 a� a) 0 a) O .C N 0 a, CO C mm do 03 <C a' a) a) O -O a) 15 a) _ o To '5 O to iii 4CC a) 'c 13. a) a) a) C •? ."? C) a� a� cc cc) 0 0 — — 0 O S 5Q -p r 0 0 000 Ma❑A❑❑o 9590 9402 7686 2122 8607 78 Article Number (Transfer from service label) c\ Er to U] O a U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mail Fee ski S E. Extra Services &f=ees tenser box, add fee as apprgwwre) ❑ Return Receipt (Mvdoopy) $ Return Receipt (electronic) Certified Mall Restricted Delivery $ Mutt Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ Sent TO Srree ... d .._.n.r2 f. � �, , r PS Form 3800, April 2015 PSN 7530.02-ooa9047 See Reverse for Instructions Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 1 i••1• S Wes ••••••••.• AMMO ISM Md. M •y --• •.•L. ••• S••••••••••• as.. r•°. •.A•► • CA SIM Issaga 0. Set. lap!. J •�• l• r n -�. *emelam/ H 7 r• r-1 CSI = ; n rn vt co 44. a '` fit "A . 1 Cs) 1 '.' a rostra 1,11 • • °1: ' -lc 0r 1 O 6 O a CI Lrei rU O 73 O r- �rn M co O MOO L ) co O N O rn= rn co -1rn o Co 0 0 CO ISMS 1 J t rig O O N C O N -D cn O ` co 0 y 0 cn Cl) C) o IA lt 1kG) r11 CS lc at -4 0 0 m m r 0 m 0 X COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION m as a) X C. Date of Delivery B. 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U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . 1 C6 J Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required • Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here Sent To .-had ke,Cren straiten Ar Pciert herr5 Cit ato, P+4 tins St • .• • 5vt-35z3 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions . M M Ii' Y 0 E > a) • C 4 p 0 cis cU U (6j 1- L Q) c -.C cp in ccI a) ;CV Z7 E ;E a COCu 4— EEc_ }) U U p o y O 4-' O N oa .�. , ], .•.., O U ii°Qo ■ ■ ■ >- z° ❑ ❑ C 0 O ri o co 4--a C O al :773 as cn a)CD -0 -O RI 0 >, c a) .D w a)2 o o0 C) C�>, a. t€ct X RS •RJ c c 2:u'2 2 o o (3° C) .-!‘ 1-4112:; Vies?/5 (1)--C ! It! 11:II: O m O7> C c -' .0).0) O a.. CC CC CI U) CO CC ODD ❑❑ 0 to > L' -a5 _ o O Z+ O ate) E) v p 0 L a) a) o cc I. ca) Z' .c Q. a)© . (TS) a) >,D Dr— — O Q) cc .°>v'.O.O O o' o tnv)a)a) a+--� �. 4= v= ) � Q) > O t t — <<0000 r0 ❑❑❑❑❑❑ cThs : V d c�2a -eri T O Q N a_ CD O CO a) CD CD v N N- c in >, N o L ii T a Ui N MN Domestic Return Receipt co u'I co 0 O in N- O N- a) ail CD co Q— 0 co o Q Li ) co N ti N v; Z T O Z r� CO CY) Lr) a) 0) 1/5/24, 10:42 AM USPS.com® - USPS Tracking® Results USPS Tracking® Tracking Number: 70171450000096745905 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update FAQs > Remove X Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. 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FAQs httos://tools.usos.com/oo/TrackConfirmAction?tRef=fulloaae&tLc=2&text28777=&tLabels=70171450000096745875%2C 2/2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/11/2023 10:22:06 AM 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 # 045923200025 data [kJ ch (LI Signature Date Account Parcel Owner Mailing Address R0379486 045914000008 MAGRUDER ANNE H 6001 MESA, E SOUTHERN AZ 852063614 AVE UNIT 27 R8952908 045914300026 OLMSTEAD HEIDI I D I C R8952908 045914300026 OLMSTEAD ELIJAH B 51004 AULT, COUNTY CO 806109214 ROAD 57 R8952909 045914300027 RUNYON JESSE LEE R8952909 045914300027 SUNNIE CHRISTINA 51008 AULT, COUNTY CO 806109214 ROAD 57 STEWART R8952910 045914300028 RYAN JOHN R8952910 045914300028 RYAN MORGAN 51012 AULT, COUNTY CO 806109214 ROAD 57 R8952911 045914300029 MCCRERY MICHAEL J 1719 FORT E COLLINS, MULBERRY ST CO 805243523 R8964115 045915400003 CMH HOMES INC 5000 MARYVILLE, CLAYTON TN RD 378045550 Parcels: 19 Owner Records: 25 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/11/2023 10:22:06 AM 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 # 045923200025 LiCLn tkati3O 1Z1,11 1Z3 Signature Date Account Parcel Owner Mailing Address R0382586 045922000007 U S A 2850 LAKEWOOD, YOUNGFIELD CO 802157210 ST R8965106 045922100022 COOK TIFFANY R8965106 045922100022 LOFTIN 50677 AULT, COUNTY CO 806109211 ROAD 57 TAYLOR R8982137 045922100041 COBRA VENTURES LLC 1719 FORT E COLLINS, MULBERRY ST CO 805243523 R8982138 045922100042 i COBRA VENTURES LLC 1719 FORT E COLLINS, MULBERRY ST CO 805243523 R0382786 045923000003 U S A 2850 LAKEWOOD, YOUNGFIELD CO 802157210 ST R4247606 045923200004 LARSON MARY E PO AULT, BOX 1441 CO 806101441 R8946851 045923200019 MOALA ANNA R8946851 045923200019 RODRIGUEZ JEANNETTE 50644 AULT, COUNTY CO 806109212 ROAD 57 Parcels: 19 Owner Records: 25 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/11/2023 10:22:06 AM 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 # 045923200025 jet'n VCA u> > cJc z lit I -L3 Signature Date Account Parcel Owner Mailing Address R8946852 045923200020 PANTIER SHANE 50648 AULT, COUNTY CO 806109212 ROAD 57 R8946853 045923200021 LOA' A" VAZQUIES LARRY A 50990 AULT, COUNTY CO 806109212 ROAD 57 R8946860 045923200022 41,14-- LOVE NICOLE LEANN 3 R8946860 045923200022 Lol- F KREUTZER JUSTIN BLAIN 50992 AULT, COUNTY CO 806109212 ROAD 57 R8946861 045923200023 ^J50994 L6-1�V GONZALES CONRAD J AULT, COUNTY CO 806109212 ROAD 57 R8946862 045923200024 MCCRERY MICHAEL J 1719 FORT E COLLINS, MULBERRY ST CO 805243523 R8946863 045923200025 Uri MCCRERY MICHAEL J 1719 FORT E COLLINS, MULBERRY ST CO 805243523 -eV Parcels: 19 Owner Records: 25 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12./11/2023 10:22:06 AM 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 # 045923200025 Parcels: 19 Owner Records: 25 Signature IP" 1 1 q z3 Date Page 4 of 4 DocuSign Envelope ID 75B8D30E-5F07-42O5-AE6A-CC9D1EF35B3D 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 0459-23-02 RECX16-0085 QComplete Vacation (must include all lots) Ej Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated Lot Parcel Number Acreage Affected Easements S 23 T9 R64 D 045923200025 & 045923200024 131 23 None PROPERTY OWNER(S) (Attach additional sheets if necessary) Name Michael J McCrery Company Phone # 970-214-7612 Email michaelmccrery@colorado-land com Street Address 1719 E Mulberry Street City/State/Zip Code Fort Collins, CO 80524 APPLICANT/AUTHORIZED AGENT (Authonzation form must be included if there is an Authonzed Agent) Name Michael J McCrery Company Phone # 970-214-7612 Email michaelmccrery@colorado-land com Street Address 1719 E Mulberry Street City/State/Zip Code Fort Collins, CO 80524 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 c-DocuSigned by Watt t 3. Atcf ti '-Sig sttr@l0 0.41er or Authorized Agent 11/9/2023 Date Signature Owner or Authonzed Agent Date Print Owner or Authorized Agent Print Owner or Authorized Agent Weld County Treasurer Statement of Taxes Due Account Number 88946863 Parcel 045923200025 Assessed To MCCRERY MICHAEL) 1719 E MULBERRY ST FORT COLLINS, CO 80524-3523 Legal DescnptRon Situs Address PT NW4 23 964 PT LOT D REC EXEMPT RECX16-0085 EXC COMM W4 COR NOODOOE 578 07 N89D44E 542 10 POB N89D44E 402 82 NOODOOE 1156 S89D3OW 945 S00D00W 644 N89D44E 542 SOODOOW 512 TO POB Year _ _ _ _ __ _ _ Tax Tax Charge, Interest Fees Payments Balance 2022 Total Tax Charge $236 54 $0 00 $0 00 ($236 54) $0 00 $0 00 Grand Total Duc_as of 11/15/2023 _ $0 00 Tax Billed at 2022 Rates for Tax Area 3875 - 3875 Authority WELD COUNTY SCHOOL D1ST RE2 NUNN FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy 15 0380000* 34 9570000* 3 5940000 6 3070000 3 1810000 Amount Values Actual Assessed $56 38 AG -DRY FARM LAND $14,176 $3,740 $131 10 AG -WASTE LAND $13 $10 $13 48 Total $14,189 $3,750 $23 65 $1193 63 0770000 $236 54 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOITDER 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'soffice 1400 N 17th Avenue " POBox 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- Treasufer are,evldenceAhat as of,thls date; all current and prior year —taxes related tot 's parcel have beenfOaidEin full, , 1400 N 17th Avenue, Greeley, CO 80631 PO Box 458, Greeley, CO 80632 (970) 400-3290 Page 1 of 1 Weld County Treasurer Statement of Taxes Due Account Number R8946862 Parcel 045923200024 Assessed To MCCRERY MICHAEL I 1719 F MULBERRY ST FORT COLLINS, CO 80524-3523 Legal Description Situs Address PT NW4 23 9 64 PT LOT D REC EXEMPT RECX16-0085 COMM W4 COR NOOD00E 578 07 N89D44E 542 TO POB N89D44E 402 82 NOODOOE 1156 S89D30W 945 SOODOOW 644 N89D44E 542 SOODOOW 512 TO POB Year_ _ _ Tax Tae Charge Interest Fees Payments Balance 2022 $4710 $0 00 Total Tax Charge $0 00 ($47 10) $0 00 $0 00 Grand Total Due as of 11/15/2023 $0 00 Tax Billed at 2022 Rates for Tax Area 5045 - 5045 Authority WELD COUN1 Y SCHOOL DIST RE2 NUNN FIRE AIMS JUNIOR COLLEGE EATON REC DISTRICT HIGH PLAINS LIBRARY Taxes Billed 2022 * Credit Levy Mill Levy Amount Values Actual Assessed 15 0380000* $10 37 AG -DRY FARM LAND $2,559 $680 34 9570000* $24 13 AG -WASTE LAND $4 $10 3.5940000 $2 48 Total $2,563 $690 6 3070000 $4 36 5 1670000 $3 57 3 1810000 $2 19 68 2440000 $47 10 ALL TAXMEN 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 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 117th Avehtte ,PO Box 458 - 'Greeiey, CO 80632 Phone 970-400-3290 Y_ . Pursuant to the Weld County SubdivisionOrdinance: the attached Statement of Taxes Due - issued by the Weld County -Treasurer are evidence that as of this date, all` current and prior year - ''taxes relatedrto,t -a-, have been,paidlin{full Signed:°�i''i w,W i , t,1I�,�' 1� '►' �'/UVVO _ . =1 Dte: r _ 1400 N 17th Avenue, Greeley, CO 80631 PO Box 458, Greeley, CO 80632 (970) 400-3290 Page 1 of 1 4932627 Pages: 1 of 1 Carly11/28/2023 Valves, 09 14 AM R Fee Cle k and Recorder, 3 00 0 FeeWeld County$0Cp00 Carly ®Ill Elcilli eiletriCligiNali lIblhfiF iii Quit Claim Deed (Pursu ant to 38-30-116 C.R S ) THIS DEED, made on k t \ova 3 by MICHAEL J. MCCRERY Grantors), of the County of I.ARiMER and State of COLORADO orthe consideration of *s* TENAND NO/100S °e* dollars In hand paid, hereby sells and gt,At,cIog to MICHAEL J. MCCRERY Grantee(s), whose street address is 1719E MULBERRY ST, FORT COLLINS, CO 80524 County of LARIMER, State of COLORADO, the following real property In the County of WELD, and State of Colorado, to wit: LOT D, RECORDED EXEMPTION NO. 0459-23-02 RECX16-0085, RECORDED SEPTEMBER 14, 2016 AT RECEPTION NO 4236607, BEING PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO. with all Its appurtenances MICHA L J. J ' iiq1y CRERY State of COLORADO County of )ss DONNA MANCI NOTARY PUBLIC STATE OF COLORADO NOTARY 1D 19894016570 MY Comma, sslon Expires November 17, 2025 The foregoing matmment was acknowledged before me this day of by MICHAEL J. MCCRERY Notary Public My commission expires l 1 \ l aa-1 a3 When recorded realm to. MICHAEL J. MCCRERY 1719 E MULBERRY ST, FORT COLLINS, CO 80524 Sfl July 13th, 2016 Michael J. McCrery 1779 E Mulberry St Fort Collins, CO 80524 Subject: Recorded Exemption (RECX16-0085) Dear Michael, DEPARTMENT OF PLANNING SERVICES 1555 North 17th Ave GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: rreddick@weldgov.com PHONE (970) 353-6100. EXT. 3527 FAX (970) 304-6498 The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit one (1) paper copy of your plat or one (1) electronic copy for review by the Department of Planning Services' staff. Upon approval of the paper copies please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven (11) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, 4Th Ryder Reddick Planner I DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Lap? Applicant: Michael J. McCrery RECX16-0085 Planner: Ryder Reddick Le al g Descri p tion: Lot of the D of 6th Recorded P.M., Weld Exemption County, CO RECX16-0084; being a part of the NW4 of Section 23, T9N, R64W Parcel ID #: 0459-23-2-00-007 Lot A Size: +/- 3.01 acres Lot B Size a +/- 3.01 acres Lot C Size a +/- 3.01 acres • Lot D Size: +/- 131.77 acres Water Source: Lot Lot Lot Lot A: B: C: D: Proposed Proposed Proposed Proposed Well Well Well Well Sewer System Lot Lot Lot Lot A: B: C: D: Proposed Proposed Proposed Proposed Septic Septic Septic Septic Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3 Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5 Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6 Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. The applicant has proposed a well as the source of adequate water for Lot A. Lot B, Lot C and Lot D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. RECX16-0085 Page 1 of 5 3 Topographic or physical features of the proposed Lot A, Lot B and Lot C, such as ravines, ditches, streams etc may limit the area available for a new or replacement septic system Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged 4 Prior to recording the plat A Lot A, Lot B and Lot C shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10 B of the Weld County Code Net acreage calculations should not include future road right-of-way B Lot A, Lot B and Lot 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 C. 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 D 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 E RECX16-0084 shall be submitted for recording in conjunction with but also recorded before RECX16-0085 5 Items to be included on the plat A The plat shall be titled Recorded Exemption No 0459-23-02 RECX16-0085 B. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00255) The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point C County Road 57 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way If the existing right-of-way cannot be verified it shall be dedicated All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County D County Road 104 is an unmaintained section line right-of-way The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right- of-way All setbacks shall be measured from the edge of right-of-way This road is not maintained by Weld County E Show and label the section line Right -of -Way as "CR 104 Section Line Right of Way, not County maintained" F Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50 E of the Weld County Code G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number RECX16-0085 Page 2 of 5 6 The following notes shall be placed on the plat 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302 1 of the 2012 International Budding Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a twenty -five-foot radius of any plugged or abandoned oil and gas well Any construction within a two -hundred -foot radius of any tank battery or one - hundred -fifty -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10 C of this Code 2) Any future structures or uses on site must obtain the appropriate zoning and building permits 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) 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) 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 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A, Lot B, Lot C and Lot D have adequate water supplies of sufficient quality, quantity and dependability 7) Potential purchasers should be aware that Lot A, Lot B and Lot 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 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 thereafter 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) The property owner shall control noxious weeds on the site 11) The histoncal flow patterns and runoff amounts will be maintained on the site 12) Building permits shall be obtained prior to the construction of any budding 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 RECX16-0085 Page 3 of 5 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 13) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program 14) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs 15) ^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 16) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of 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 RECX16-0085 Page 4 of 5 Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 7 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit one (1) electronic copy or one (1) paper copy of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 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 maps@co.weld.co.us. 10. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: lurarsq-D-wletts Ryder Reddi k, Planner R ECX 16-0085 Page 5 of 5 Dates � �� 3Iaah
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