HomeMy WebLinkAbout20242171.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC24-0007, OF THREE -LOT RECORDED
EXEMPTION, RECX17-0178, FOR REMOVAL OF LOT C - CHUGWATER CREEK, LLC
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 8, 2017, the Department of Planning Services conditionally
approved Three -Lot Recorded Exemption, RECX17-0178, and
WHEREAS, the Board has received a request from the current property owner,
Chugwater Creek, LLC, 17794 East Ida Avenue, Centennial, Colorado 80015-3097, to vacate
Lot C of Recorded Exemption, RECX17-0178, located on the following described real estate, to
wit:
Lot C of Recorded Exemption, RECX17-0178; being
part of the SE1/4 of Section 33, Township 3 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 C of Recorded
Exemption, RECX17-0178.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Chugwater Creek, LLC, for Partial Vacation of Three -Lot
Recorded Exemption, RECX17-0178, for removal of Lot C, be, and hereby is, approved, subject
to the following condition:
CC:pL(EROtWoAMw), ASRLS6), RPPL-
oot/03/A.'i
2024-2171
RECX17-0178
PARTIAL VACATION, VAC24-0007, OF THREE -LOT RECORDED EXEMPTION,
RECX17-0178, FOR REMOVAL OF LOT C — CHUGWATER CREEK, LLC
PAGE 2
1 As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the
applicant shall submit an exemption vacation plat and deed to the Department of
Planning Services within ninety (90) days for review. Upon acceptance, the plat
shall be signed by the property owners and shall be submitted for recording, along
with the recording fee, to the Department of Planning Services. The vacation is in
effect the date of recordation of the land survey plat with the Weld County Clerk
and Recorder. Any easement created by dedication on the original plat for
Recorded Exemption, RECX17-0178, 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 14th day of August, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU DO
ATTEST: dia./O
G1��
Weld County Clerk to the Board
s/`Vt. WQuo a
Deputy Clerk to the Board
APP: SVERM:
ttorney
5
Date of signature:
D. Ross, Chair
Perry L. - ck, Pro-Tem
Mike reeman
i Saine
2024-2171
RECX17-0178
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Wright, Planner
Subject: Partial Vacation of RECX17-0178
Hearing Date: August 14, 2024
Owners: Chugwater Creek, LLC, c/o Christian Broadhurst
Legal Description: Lot C of Recorded Exemption RECX17-0178; being a part of the SE4 of Section 33, T3N,
R67W of the 6th P.M., Weld County, CO
Location: West and adjacent of County Road 19; North and adjacent to Zinnia Ave
Parcel Number: 1209-33-4-00-022
Total Parcel Size: +/- 144.20 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot C, being the largest lot of the Three -Lot Recorded Exemption
RECX17-0178, recorded November 9, 2018, reception #4445271. This partial vacation of Lot C of RECX17-
0178 would result in an approximately 144.20 acre unplatted parcel. Lot A & Lot B of RECX17-0178 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.
2024-2171
Vacation of Lot C of RECX17-0178 I Chugwater Creek, LLC ' (C)( '1 - D117
Page 1 of 2
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
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 C of RECX17-0178 I Chugwater Creek, LLC
Page 2 of 2
To Whom it May Concern,
UWe � '(S�`b/� Y tN�S� ) a of owner ��L 1ti �✓ e k ) LL
(N )
are writing to request the (complete / artia vacation of Lot C., of
(C (Insert Lot Designation)
Recorded Exemption k `1-33-(Y 'C)I1
(Insert Recorded Exemption number)
CAAN cs6, \c‘makits.Avk - • 2.,-1
Print: Owner or Authorized Agent Date Print: Owner or Authorized Agent Date
e: Owner
01/24
r Authorized Agent Signature: Owner or Authorized Agent
5
COVRTIRO 4.•
xw xax cmuxn w0 x.
VICINITY MAP: 1" = 2000'
44.m°.� xm .
VACATION PLAT FOR LOT C RECX17-0178
LEGEND
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Part Sue Southeast 1/4 of Section 33,
Township 3 North, Range 67 West of the 6th P.M.,
County of Weld, State of Colorado
77417: -,Y -t?,
DT C
RECX17-0178
( 1
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Sheet 1 of 1
PROPERTY DESCRIPTION BEFORE VACATION
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PROPERTY DESCRIPTION AFTER VACATION
NN°�'+m',7'sr.°c ovd°m"w\4x'u\b0: sxv x x0xm, w.w0x n wlsr w rxx srx v.x.,
PROPERTY OWNER'S CERTIFICATE
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411.4,4,41 .100.4.40 11,141.14, .414RRY
BOARD OF COUNTY COMMISSIONER'S CECERTIFICATE
NI 4 COURT' 11114_
NOTES
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SURVEYOR'S STATEMENT
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RECORDED EXEMPTION
RECORDED EXEMPTION NO. 1209-33-04 RECX17-0178
5 nw ,._ T a 7 x,E «xn a `oa.5sw.a5 ,x . ".
ALL OF LOT B OF RECORDED EXEMPTION N0. 1209 -33 -4 —RE 1158 IN THE
SE1/4 OF SECTION 33, T3N, R67W OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO.
AREA = 152.746 ACRES, MORE OR LESS.
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RECORDED EXEMPTION
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ALL OF LOT B OF RECORDED EXEMPTION N0. 1209 -33 -4 —RE 1158 IN THE
SE1/4 OF SECTION 33, T3N, R67W OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO.
AREA = 152.746 ACRES, MORE OR LESS.
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SHEET 2 OF 2
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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: August 14, 2024
Hearing Time: 9:00 a.m.
Applicant:
Chugwater Creek, LLC
c/o Christian Broadhurst
17794 East Ida Avenue
Centennial, Colorado 80015-3097
Request: Partial Vacation, VAC24-0007, of Three -Lot Recorded Exemption, RECX17-0178, for
Removal of Lot C
Legal Description: Lot C of Recorded Exemption, RECX17-0178; being part of the SE1/4 of
Section 33, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 19; north and adjacent to Zinnia Avenue (see
Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: August 2, 2024
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX17-0178
Owner
KATHLEEN MCCLAY
WILL AND CASSY BRACK
CHUGWATER CREEK, LLC
Address
9033 COUNTY ROAD 26
15346 SINGLETREE DRIVE
17794 EAST IDA AVENUE
City State
FORT LUPTON CO
MEAD CO
CENTENNIAL CO
Zip
80621-9715
80542-8811
80015-3097
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, RECX17-0178, in the United States Mail,
postage prepaid First Class Mail as listed above.
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Dated the 2nd day of August, 2024.
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Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service"'
CERTIFIED MAIL° RECEIPT
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Notice
t..
•YII wet! rule.S.. IS••. "r.,.
Pursuant to Section 24-11-50.1.1 of the We
on the Consent Agenda of the Weld Cou
shall be heard unless it is removed from ti
by action of the Board, with said public hea
Commissioners of Weld County, Colorado
Assembly Room, Greeley, Colorado 8063
If a court reporter is desired, please advis
prior to the hearing. The cost of engaging •
In accordance with the Americans with Dis
order for you to participate in this hearir,
(970) 400-4225, prior to the day of the hea
The complete case file may be examine
Commissioners, Weld County Administrate
Email messages sent to an individual Co
ensure inclusion of your email corres
egesick@weld.gov.
Hearing Date: August 14, 2024
Hearing Time: 9:00 a.m.
Applicant:
Chugwater Creek, LLC
c/o Christian Broadhurst
17794 East Ida Avenue
Centennial, Colorado 80015-3097
Request: Partial Vacation, VAC24-0007,
Removal of Lot C
Legal Description: Lot C of Recorded E
Section 33, Township 3 North. Range 67 Vt
Location: West of and adjacent to County
Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: August 2, 2024
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
1:08:55 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.
C.) CU1 tO
I l IL, 6 V4 Signature
Date
Property Owners Within 500 Feet of Parcel # 120933400022
Account
Parcel
Owner
Mailing Address
R4836686
120933000040
DODERO DAVID M
459 E SCENIC DR
GRAND JUNCTION, CO 815071502
R4836786
120933000041
MAYER FAMILY FARMS LLC
13895 COUNTY ROAD 21
PLATTEVILLE, CO 806517929
R8982758
120933200003
RAPTOR MATERIALS LLC
ATTN: FINANCE DEPT
8120 GAGE ST
FREDERICK, CO 805169439
R8957164
120933400020
MCCLAY STEVEN A
R8957164
120933400020
Lb4 A
MCCLAY KATHLEEN A
9033 COUNTY ROAD 26
FORT LUPTON, CO 806219715
R8957165
120933400021
5
BRACK WILL
R8957165
120933400021
UT5
BRACK CASSY
15346 SINGLETREE DR
MEAD, CO 805428811
R8957166
120933400022 /
v lb'-
CHUGWATER CREEK LLC
17794 E IDA AVE
CENTENNIAL, CO 800153097
R2145203
120933400046
HOWARD MARGARET H
Parcels: 27
Owner Records: 37
Page 1 of 6
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
1:08:55 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.
d cu, t,t)a,,,,p dc,
n114,124 Signature
Date
Property Owners Within 500 Feet of Parcel # 120933400022
Account
Parcel
Owner
Mailing Address
R2145203
120933400046
HOWARD ROBERT J
8655 COUNTY ROAD 26
FORT LUPTON, CO 806219722
R2145303
120933400047
WILLIS STEPHANIE
R2145303
120933400047
WILLIS ADAM
8577 COUNTY ROAD 26
FORT LUPTON, CO 806219722
R8979358
120934200006
PIONEER LAND COMPANY LLC
4409 CORIOLIS WAY
FREDERICK, CO 805045499
M0069402
120934300003
MC CLAY KATHLEEN A
M4837086
120934300003
MC CLAY KATHLEEN A
R8977837
120934300003
MCCLAY KATHLEEN A
M0069402
120934300003
MC CLAY STEVEN A
C/O COTTONWOOD DAIRY
9033 COUNTY ROAD 26
FORT LUPTON, CO 806219715
M4837086
120934300003
MC CLAY STEVEN A
C/O COTTONWOOD DAIRY
9033 COUNTY ROAD 26
FORT LUPTON, CO 806219715
Parcels: 27
Owner Records: 37
Page 2 of 6
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
1:08:55 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.
CiaP V-)0l4,0-rtJe.,
n lI I (l t Z4 Signature
Date
Property Owners Within 500 Feet of Parcel # 120933400022
Account
Parcel
Owner
Mailing Address
R8977837
120934300003
MCCLAY STEVEN A
9033 COUNTY ROAD 26
FORT LUPTON, CO 806219715
R0058095
131103000070
LOUSBERG ROBERT
9078 COUNTY ROAD 26
FORT LUPTON, CO 806219714
R4106406
131103200084
MCCLAY STEVEN J
9173 COUNTY ROAD 26
FORT LUPTON, CO 806219715
R4106506
131103200085
HANLON CONNIE
R4106506
131103200085
HANLON THOMAS M
9036 COUNTY ROAD 26
FORT LUPTON, CO 806219714
R5366286
131104000038
CENTRAL WELD COUNTY WATER DIST
2235 2ND AVE
GREELEY, CO 806317203
R5366386
131104000045
LEWIS WILLIAM M JR LIVING TRUST
11446 COUNTY ROAD 23
FORT LUPTON, CO 806219613
M5366586
131104100005
WHISTON CHERYL
M0186190
131104100005
WHISTON CHERYL A
Parcels: 27
Owner Records: 37
Page 3 of 6
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
1:08:55 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.
Oct41 1,0a4ItY) Ck
11 I' L, I ZL/ Signature
Date
Property Owners Within 500 Feet of Parcel # 120933400022
Account
Parcel
Owner
Mailing Address
M5366586
131104100005
WHISTON BOB
8638 COUNTY ROAD 26
FORT LUPTON, CO 806219721
M8958310
131104100005
WHISTON CHERYL ANN
8638 COUNTY ROAD 26
FORT LUPTON, CO 806219721
R4218906
131104100005
WHISTON CHERYL ANN
8638 COUNTY ROAD 26
FORT LUPTON, CO 806219721
M0186190
131104100005
WHISTON ROBERT C
8638 COUNTY ROAD 26
FORT LUPTON, CO 806219721
R6775436
131104102003
FIRESTONE TOWN OF
9950 PARK AVE
FIRESTONE, CO 805047820
R6775437
131104102004
FIRESTONE TOWN OF
9950 PARK AVE
FIRESTONE, CO 805047820
R8971088
131104103002
19 AND 26 LLC
C/O DON AND ALISON STRAIN
7352 GREENRIDGE DR UNIT A-8
WINDSOR, CO 805508062
R8971089
131104103003
19 AND 26 LLC
C/O DON AND ALISON STRAIN
7352 GREENRIDGE DR UNIT A-8
WINDSOR, CO 805508062
R8971090
131104103004
19 AND 26 LLC
C/O DON AND ALISON STRAIN
7352 GREENRIDGE DR UNIT A-8
WINDSOR, CO 805508062
Parcels: 27
Owner Records: 37
Page 4 of 6
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
1:08:55 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.
IAJCIA. (6) LA
ri III" /24
Signature
Date
Property Owners Within 500 Feet of Parcel # 120933400022
Account
Parcel
Owner
Mailing Address
R8947134
131104201007
BABCOCK LAND CORP
212 N WAHSATCH AVE STE 301
COLORADO SPRINGS, CO 809033476
Parcels: 27
Owner Records: 37 Page 5 of 6
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
1:08:56 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 # 120933400022
Parcels: 27
Owner Records: 37
uaio Viamdlck
Signature
Date
Page 6 of 6
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. 1209-33-04 RECX17-0178
OComplete Vacation (must include all lots)
QPartial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number Acrea e
S 33 T3 R67
C
120933400022
g
144.20
eed E asemer.
ac h additional sheets if necessary)
Name: Christian Broadhurst
Company: Chugwater Creek, LLC
Phone #: 720-982-6151
Street Address: 17794E Ida Ave
City/State/Zip Code: Centennial, CO 80015-3097
Email: broadhurst39@aol.com
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent)
Name: Christian Broadhurst
Company: Chugwater Creek, LLC
Phone #: 720-982-6151 Email: broadhurst39@aol.com
Street Address: 17794 E Ida Ave
City/State/Zip Code: Centennial, CO 80015-3097
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.
gnature: sr or Authorized Agent Date Signature: Owner or Authorized Agent Date
Christian Broadhurst
Print: Owner or Authorized Agent
Print: Owner or Authorized Agent
4634083 09/28/2020 11:59 AM
Total Pages: 1 Rec Fee: $13.00
Carly Koppes - Clerk and Recorder, Weld County, CO
WHEN RECORDED RETURN TO:
Robert J. Bruce, Esquire
RJB Lawyer, LLC
1543 Champs Street, Suite 400
Denver, CO 80202
STATEMENT OF AUTHORITY
1. This Statement of Authority relates to an entity named Chugwater Creek, LLC, a
Colorado limited liability company.
2. The type of entity is a limited liability company.
3. The entity is formed under the laws of The State of Colorado.
4. The mailing address for the entity is 6649 South Piney Creek Circle, Centennial,
CO 80016.
5. The name and position of each person authorized to execute instruments
conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is
Christian Broadhurst as Manager of Chugwater Creek, LLC.
6. The authority of the foregoing persons to bind the entity is not limited.
7. Other matters concerning the manner in which the entity deals with interests in
real property: N/A.
8. This Statement of Authority is executed on behalf of the entity pursuant to the
provisions of Section 38-30-172, C.R.S.
Executed September g, 2020.
MICAELA FL,, •
•;RrIG.•
CHUGWATER CREEK, LLC, a Colorado
limited liability company
By:
rroadhurst, Manager
STATE OF COLORADO )
) ss.
COUNTY OF -U(1V 1 % )
Subscribed and sworn to before me on September C1 , 2020, by Christian Broadhurst
Manager Chugwater Creek, LLC, a Colorado limited liability company.
WITNESS my hand and official seal.
My Commission expires:
SEAL MICAELA FLORES
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20204023798
MY COMMISSION EXPIRES JUL t0, 2024)
Weld County Treasurer
Statement of Taxes Due
Account Number R8957166 Parcel 120933400022
Assessed To
CHUGWATER CREEK LLC
17794 E IDA AVE
CENTENNIAL, CO 80015-3097
Legal Description Situs Address
PT SE4 33 3 67 LOT C REC EXEMPT RECXl7-0178
Year Tax
Tax Charge
2023 $880.10 $0.00
Interest Fees
Total Tax Charge
Grand Total Due as of 06/07/2024
Payments Balance
$0.00 ($880.10) $0.00
$0.00
$0.00
Tax Billed at 2023 Rates for Tax Area 2258 - 2258
Authority
WELD COUNTY
SCHOOL DIST REt-GILCREST
NORTHERN COLORADO WATER
(NC
PLATTEVILLE-GILCREST FIRE
AIMS JUNIOR COLLEGE
HIGH PLAINS LIBRARY
Tares Billed 2023
* Credit Levy
Mill Levy Amount
12.0240000* $248.18
13.3020000* $274.56
1.0000000 $20.64
6.7820000 $139.99
6.3360000 $130.77
3.1960000 $65.96
42.6400000 $880.10
Values Actual Assessed
AG -SPRINKLER $78,115 $20,620
IRRIGATED LAND
AG -WASTE LAND $61 $20
Total $78,176 $20,640
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.
Vt/olcl County Trcaaurot, OfRoo
1400 N 17. Avenue
PO Box 458
Greeley, CO 60632
Pnone: 97o-400-azso
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Signe)ik6(A
Date:(QACIPUlf
1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
STATUTORY SPECIAL WARRANTY DEED
DOC FEE: $205.00
THIS SPECIAL WARRANTY DEED, dated this 28''' day of August, 2020 , A made between
Milroy Farm, LLC, a Colorado limited liability company ("Grantor"),
of the County of Weld and the State of Colorado.
AND
Chegwater Creek, LLC, a Colorado limited liability company, ("Grantee"),
of the County of and the State of Colorado whose legal address is 6659 Piney Creek CA.,
Centennial, CO 80016
WITNESS, that the Grantor(s), for and in consideration of TWO MILLION FIFTY THOUSAND AND 00/100
DOLLARS (52,050,000.00) and other good and valuable consideration, the receipt and sufficiency of which A
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
and convey unto the Grantee. and the heirs. successors and assigns of the Grantee forever, all the real property,
together with fixtures and improvements located thereon, if any, situate, lying and being in the County of Weld and
State a Colorado, described as follows:
Lot C of Recorded Exemption No. 1209-33-04 RECX17-0178 per map recorded November 9,2018 at
Reception No. 4445271, being a part of the Southeast Quarter of Section 33, Township 3 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado,
ALSO KNOW AS:
TOGETHER WITH, all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to
the above -bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
Grantee, and the heirs, successors and assigns of the Grantee forever. The Grantor, for the Grantor and the heirs,
successors and assigns or the Grantor, warrants title to the same aeainst all persons claimine bv, through or
under the Grantor, subject to the Statutory Exceptions defined ln,CR.S 6 38-30-113, revised.
EXECUTED AND DELIVERED by Grantor on the date first set forth above.
Milroy Farm, LLC, a Colorado limited
obert A. Sarchet, Co Manager
company
STATE OF: Colorado
COUNTY OF: Boulder
The foregoing instrument was subscribed, sworn to, and acknowled ed before me this !ask by Robert A. Sarchet as Co Manager for Milroy Farm, LLC, a Colorado limited liability company ugust, 2020,
My Commission expires: 74--"y:6 Witness my hand and official seal.
Kelley M. Abernathy
NOTMY POfiUC
8501E OF COLORADO
NOTARY 10510.400228
NY 00M 8258 E192itE8 44e 26, 2024
�ly Public�
""If tenancy Is unspecified, the legal presumption shall be tenants in common (C.R.S. 3841-101)
SPECIAL WAttaAMY DEED
33329CEW
August 26, 2020
12:21 PM
Cxpi
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW - modified
Applicant:
Milray
c/o
Robert
Farm
A.
LLC
Sarchet
RECX17-0178
Planner:
Angela
Snyder
,
Le al
g
Descri
p
tion:
Lot
R67W
B of
of
Recorded
the 6th
P.
Exemption
M.
, Weld
RE
County,
-1158.
CO
being a
part
of
the SE4
of
Section
33, T3N.
Parcel
ID
#:
1209-33-0-00-043
Lot
A Size:
+/- 2 acres
Lot
B Size:
+/- 2.59 acres
Lot
C Size:
+/- 145.97
acres
Water
Source:
Lot
Lot
A:
B:
CWCWD
Proposed
Tap
CWCWD
#521
Tap
Sewer System:
Lot
&
Septic
A:
Septic
#F-830029
#SP
-0300361
Lot
C:
Proposed
CWCWD
Tap
Lot
Lot
B:
C:
Proposed
Proposed
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.
Narrative: The applicant has requested the 4 -lot exemption be reduced to a 3 -lot exemption. Both homes
will be located on Lot A of this recorded exemption. A Non -Conforming Use (NCU) application for one of
the homes will need to be submitted to the Department of Planning Services prior to recording the plat.
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.
Topographic or physical features of the proposed lots, such as ravines. ditches. streams etc. may
limit the area available for a new or replacement septic system. Prior to recording the plat the Weld
RECX17-0178 updated
Page 1 of 5
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.
3. The Longmont Conservation District has provided information regarding the soils on the site. The
applicant shall review the information and use it to positively manage on site soils.
4. Prior to recording the plat:
A. The City of Firestone has jurisdiction over all accesses to County Road 26. Please contact
the City of Firestone for an access permit and any additional requirements that may be
needed. The applicant shall provide to the Weld County Department of Planning Services a
copy of the access permit issued by the City of Firestone, or written evidence that the
applicant has complied with the requirements of the City of Firestone.
B. The applicant shall attempt to address the requirements (concerns) of the Central Weld
County Water District, as stated in the referral response dated October 19, 2017. Lots A and
B are currently sharing Central Weld County Water District tap number 521. Evidence of
separate taps shall be submitted in writing to the Weld County Department of Planning
Services.
C. The applicant shall address the requirements of Weld County School District RE -1, as stated
in the referral response dated October 26, 2017. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
D. Lots A and B shall comply with the one (1) acre net minimum lot size required by Section 24-8-
40.L of the Weld County Code. Net acreage calculations should not include future road right-of-
way.
E. Lots A and B shall comply with the less than thirty-five (35) acre maximum lot size required
by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
F. Lot C shall comply with the one -hundred twenty (120) acre minimum lot size required by
Section 24-8-20.C.2 of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
5. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No.1209-33-00 RECX17-0178
B. County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of
right-of-way at full buildout. The applicant shall verify and delineate on the plat the future
and 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. The applicant shall also
delineate the physical location of the roadway. This road is maintained by Weld County.
C. All approved accesses shall be clearly shown on the plat and labeled with the approved
access permit number (AP17-00514), and the spacing from the nearest access point(s) or
roads (centerline to centerline) on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved road
access point.
D. Show and label the existing and future right-of-way for County Road 26 and access permits
from the City of Firestone, if applicable.
RECX17-0178 updated
Page 2 of 5
E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code.
F. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
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 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) Lot A and Lot B are not eligible for a future land exemption in accordance with
Section 24-8-20.C.2 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) 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.
6) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
7) 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.
8) Prior to the release of building permits on Lots B and C, the applicant shall submit
evidence to the Department of Planning Services that the lot has an adequate water
supply of sufficient quality, quantity and dependability.
9) The property owner shall control noxious weeds on the site.
10) The historical flow patterns and runoff amounts will be maintained on the site.
11) 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.
RECX17-0178 updated
Page 3 of 5
12) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
13) 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.
14) 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.
15) 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.
RECX17-0178 updated
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 an electronic copy (PDF) of the plat for preliminary
approval to the Department of Planning Services. Upon approval of the plat, the applicant shall
submit a Mylar plat along with all other documentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of
Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60)
days from the date the administrative review was signed. The applicant shall be responsible for
paying the recording fee.
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
9. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet).... etc.). 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 AOZtj(Sk1/6
Angela Snyder, Planner I
Date: 11/8/2017
RECX17-0178 updated
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