Loading...
HomeMy WebLinkAbout20240070.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0055, OF FOUR -LOT RECORDED EXEMPTION, RECX17-0170, 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 November 30, 2017, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX17-0170, and WHEREAS, the Board has received a request from the current property owner, Michael McCrery, 1719 Mulberry Street, Fort Collins, Colorado 80524, to vacate Lot D of Four -lot Recorded Exemption, RECX17-0170, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX17-0170; being part of the SW1/4 of Section 14, 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, RECX17-0170, 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. 4941017 Pages: 1 of 2 01/24/2024 10:49 AM R Fee:$0.00 Carly Koppee, Clerk and Recorder, Weld County , CO IllirdrinLIVICAN M arillifilliFINWIN, Bill CC :PL (ER/HN/E5) RsR (soao. APrL. 02 /26/244 2024-0070 RECX17-0170 PARTIAL VACATION, VAC23-0055, OF FOUR -LOT RECORDED EXEMPTION, RECX17-0170, 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C , . „1 `v& ;ok Weld County Clerk to the Board (wad_ Deputy Clerk to the Board APP AS County : ney 1 I Date of signature: 1 1 ` 2 4 4941017 Pages: 2 of 2 01/24/2024 10:49 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County , Co �- n Ke :.:_! Ross, Chair elc27_1„1 Perry L. B d k, Pro-Tem Mike Freeman Scott K. James sine 2024-0070 RECX17-0170 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Eric Sheley, Planner Subject Partial Vacation of RECX17-0170 Hearing Date: January 8, 2023 Owners: Michael McCrery 1719 E. Mulberry St, Fort Collins, CO 80524 Legal Description: Lot D of Recorded Exemption RECX17-0170; being a part of the SW4 of Section 14, T9N, R64W of the 6th P.M., Weld County, CO Location: East of and adjacent to WCR 57; North of and adjacent to WCR 104 Parcel Number: 0459-14-3-00-029 Total Parcel Size: +1- 140.87 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot D, being the largest lot of the four -Lot Recorded Exemption RECX17- 0170, recorded January 31, 2018, reception # 4372176. This partial vacation of Lot D of RECX17-0170 would result in an approximately 140.87 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. it Vacation of Lot D of RECX17-0170 I McCrery Page 1 of 2 2024-0070 ,fc.K1"1- Dill) 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 RECX17-0170 I McCrery Page 2 of 2 DocuSign Envelope ID: 65009676-D7AA-47D1-BCC5-7D8F3FEF105F To Whom it May Concern, I/We Michael 3. MCCrery (Name of Property Owner) are writing to request the (complete / partial) vacation of Lot D of (Circle one) (Insert Lot Designation) Recorded Exemption Recorded Exemption No. 0459-14-03 RECX17-0170 wen Recorded Exemption number) Michael 3. Mccrery 11/14/2023 Print: Owner or Authorized Agent Do cuSigned by: °C3�°-Owner or Authorized Agent Date Print: Owner or Authorized Agent 11/14/2023 Date Signature: Owner or Authorized Agent T Lot D Nag- L —377' "377. —377' Lo*f1 Lot LotC 6.5Ic. 6.5 & 6.5AL N tecA 1"` '�0O' VACATION OF LOT D OF RECORDED EXEMPTION NO. 0459-14-03 RECXI7-0170 BEING LOCATED WITHIN THE SOUTHWEST ONE —QUARTER OF SECTION 14, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE SIXTH P.M., COUNTY OF WELD, STATE OF COLORADO. 0. Kc•if_Oim pS rK•rt° wr T -Caxn"t °oum w Cawn 1°y gg !i? RE- P•yA /lrerw °' Kw TT ,rww, +ww( i r YAGTlO PMCri r,am�"osoR"Ps°,•� ,n.ro-A• _'"' _ —__ _w, J._ :»°w°.sane• w,..os .,narii` Tw. M °.'rra,i e+ uirsssi "s'e''"} COUNTY ROAD I04 +smo ..wort �ain,ii,yu�r w w0 woc+m •[•frle rt•�.o/of+w[[ w 1�e fw•r+ wl - room i•w.ervn•iw r•.".. r•u wu w Kc•n-a�w GRAPHIC SCALE v�LA 20 MRLCI OCSCR}P}IpN (rwnn» .x°w a rw a Kc•�f-R, ml PROPCRlr 0"•NCRY LCRRlKA}y ¢scam r.vs"�°.rr m °+n¢n .�+�ws'p:vuR n� ixo �oas°`o• K•, w KcwO. x°• Kc°cw}[D U •+• YN•}rt0 ,"•[t w ua. ..iM•¢ .. •KrC"r I CR 106 -----------1 SECTR6l4 T9NAW� SITE CR 104 VICINITY MAP -�. uxc i'.}ucp Df}•�w �f+CWmNlrwl Mvrrs5rolKRSMPP � A� �n c�a�rA •rrzsr: .an caw.n naw m me ao" SVRYCrCR S CCRIVIC.1C, •. m"arvs. • �sswp. w+m swK,m n< s+.rt w ne"xm""nocw. � n.nea m+m x•, uwc. "m "a .r't, wan. KFE, .m .m w vc cac wej sirt aow v Kas,.•nm nw r.wnao•r uwan um •mresm•a s.ro suwc,ww..m .an mw•n svRvcroa's rrolrg �� w.r w M +.aw•nax wean. p. "°} a usm ry •°°�w"•`w..°•w}s"er°mi w°`"°'c�""°'cn .�. r.�°Kcs mia"i�w"'�morz" io w.a n axe a:a cwT `.. P �m.!�aa,n w n.s omvuax wn n,es .ouaxr rn.rn v'c.xo. .. uscvu,s .ra rPa,.°x.Rn w Kaw .nm.4 x., .ccam.rc m movm ra :nrc°Oinc"a+s ',-;74:„7,7:: x..r� Mn psm s°"caru v-i'cI "n , " rtx n."°"as m°"sw°, w¢ a rcn :mn'o- so • a rl K enm a w[ sawn uK v M °amwas,•art-a„unP fSYI c[cn°x ,. +b•}K a.•as •• Ks a +K mw ... afKa "w.M}rn •S wi°pf •+o mom QOM. S•o °i' Y'»1. em+c • aie <•vre a rwr maxw n•rt K•K cmme••rz cm[v. s( rK •aess- rK. rmm n rax a uw® . ac nc cr ua. _ _ r,nm"icA rnwsc� sanw .r,�M ar wa nuv( won-ar-m a so coiwn wv°s. ¢b i b P. mach rm, 29-0220 gPAKhJ'JA7FSNUY4 NV)IlltvkFltl III RECORDED EXEMPTION NO. 0459-14-03 RECX17-0170 EASEMENT AND RIGHT-OF-WAY NOTES: albxR'OR INO,,,,E CDKu,iax, raa q.lCbl-l.w r"'".7.2. .)M� Y�«KrtDro DFO'.CEIEM.'Wl..plip,d60, ID.IDw.K Ww,vaEx, KDncOwrzx,l IrtC xo.Uma Dx x1S-,iAfE.WOM M«9RRYVO Euinaq,igOYECnW pLLlwD lORR1HCVw0 wD,xfWwA ws.ix0«IrIEVif u-wiD•q lM M<Wfr.LCrgx,xp �iiOKAKDCDWuwGigx t.EJK'DaD.A..wr.Sw[M,. u.w'm,u«mEauawcr.,las..ww.trww,rar.xor ,rmaK �uKreoroluw.,yux�w.wn ox ¢wrFR .� rDwK IC°r°'nal:llwn wx°llii waa `uwm. w'°°ni«iw. EiTatimw.11s• i Imiu,wo.wi.uFEE cw rlclaixa.aa uu SURVEYOR'S NOTES: I.rW fllnfY,eJ lI®..IDwMMfExEm«iRr� CDMrtwUl, erID-tYM]ilt My Kuirxla«t+,7 - DDU mU aC,xPl.YnowlwwlwliTwp. LLt.TD rrtlE«rc[DM. Ma w.IVFr WF rolls Iu.rCl xfu n.[fowlwxia.woMLbl xf DMwOMOM�U+aWE IrW,tW1. ca.rx�KYlma ^lux M iw wm r�eewwi�rilCmilp� nw, 2 rEw3i�. ana]Ex�w°slaio'�°°°,nD,""°`)rn`tw"cE""` u":uox�ll wn >rce an�vrirrKs.an°�i oo°K w oyes m.m')w vn lacmo< rlrDaiK«.x.,mw:wwi. axww Irx[DnKi'. u e .>MYlODI. aiI M�FSo �TISMEr MMD.p11EN'LLC ttri eir:Pl`p�nlo�'w THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO NOTES: mxEv°-°°mnciLwa°ww°Mia.wFneiouVEw` V477.4,78.aaFmc. Mw `va.".. ' wva.wucnwEK«Moues `s.-r`°nwo° wuacu�srfw�ic,Em°"wil°�I".IDo�!fcoer.x�lwa . omx,vwia.:+ ores ooi.,c.a �°w°°'�°rcmu ee"iawavwawce ix«I mE aa riacnv)uwlYuicDlmvQ�wrl°"i ImmFcml . KY Mar S)INfnwl]MDfEf «IwIF Seal OfrK+M NabM,a EWMJ,xD fullw0 rcgwf. I Io, UL -k iM,tvlUr VrIDER'xw)gxwxCfANDvSEwM a[CnOx SHIICJ« n,lavww ,aaq[xJn ACCgoVlCe wrllN ]ECIgn Nigi. M�v.UD�c�(ODF. wr.a.rwr�r.]a°filorE u�voxa'�°minim"«riInaaIrtc�.awr.uKvuuxa«Mu.uwix.mmu.n uiouicC°'""E.arm'�iuruwE,)I°"IM""�°oarwDFx°mw�nlmiial`°i.,:,Y".xi,�ralD�l,a.w.a.,.lo r u,. onawY Ko oll Excwcx wl K. �+n xnvs«..w. a,.rmmn f.wu .cDl.a K uvwse«ewD.uvwm,rlc) Iculr� mwn.umwFooD]elaewn«xio� vs ,rc"xnria]u°uxnioxxro� ouorxrc�' max. will ro Mx9fwSEB C�� w,�Iw rApv�Ftt1, w�1eSY��0.FiFM rUwr�n. G�rx�ri)D«wKmO Il. wrurtw-ox,Do. �eE.rwxE nwi uouxowwr� wYMrlm� ow�IlDm�IY �sr..ovos K wsic°ufm,mExwmi.rwl fiwwu:rww,w ia.u.uxxa to lu„Irwwwworw,ixw n'�`lo n ar.flrc'xb°r'wts!Y"uw°Fi or«F`ru"...w17.,Z `i i:-7151.7luvexauwaclo �rwmiaK,o uluFirmwi mlula r��ol� cr10ni'a ec«cm�xs nxloaccml»sID]n«M mcoumco« ro rur.EEOEunvurt]unxvievuxuxwrc�c�aw� c��eF lyneowrx M vrl r .w,[ wseq`a«)Kwus O�`Gtox7ialta)m. xxCEroM • ry ,lM)Gff aSIDIrDD.Iro roLE.Ero MfFE fiwCNr«,xE n.� �xaiS.a11ED0x�ExxpOfN WiavwE.E laLl.®r0 M[IS rn M![F SrRF)UR«M .ItOf..Sq. a OwECrIY xDln�i E.MlOLFDIrCDImFDElEixIIC. V.Cfi,LLY, [,T,K�),pwCFx�t,OCdwfar.«nw KO _ o^ Dn �foum«wanr xow lx «l.wa..xc,s m,r wru Fxwuxn.m wno« rounuc*!.lErw asawua no,inort. i�°iuKiD�x,w'iu�w w«s.Muom�.�uwEw rmtr«M °usa.lw�as a nab M°wsawcu eEwaE w M .r,iEa w.ruw w.uw ao-)o.Y.-M.woascawm«ia a),rvr,«.,owrwr vux:.cE a wcri «.omiuoiEisux «rosrswuaoee Esra,criv,cwlm.lo ro,w)uxr ww. m U` � frwtlF.«WGOEPoSmK0Gu5E M,ia]r..EctwEafxllvn>)«MLCOW4�'KD Iran �.«wrw.0 waswain n.,acxan Mcawrr xlo.usax roEwowro MSE.raK .sin. Kmrwrzv.rtx r�asE�a �.«rzx rwEa,runxFwlmce e,m nascnn aorie i.°`o w,Eilua.�wi wu nanio�mnrle oi.axiuxrrn lou)wr°�'rri�u rx Eneiwu. .r• :ru,,.�ruix:: w�v.ielo.°I lea�u )nee ae«�r a� � r �!oP°�'srw vu"�iw nswM �llo aaar..gD Mxwi,Mwfa N)n COLanIMr 6[«lx uq E..C9W.Mn[v Na] ,ecm,x.xeK ox,.wva..awu mnn.wrxl�'alosrxls°"!°aiari°woars"4`wE�iwc�nccS�lu�sa w � o�Ecaxu _crzo sro oawuF Mw.u` w w°�"cls.w�"1°i,c xi.lu�mS'SiwOOGw iw�o wmflm�il� s�.ma�«a.xl.n.ioxlow.l.r a rcsra"�'Ila uoiE� r: 7,74n.� rx,i ulirxo r q) xFMax,nY KSDo,iLDw,x Mesa wmCanwuoro... M� wnFro.M.GbM,Ewr CCiaYll�rv�lEx.rlF¢rC roK� 01.1 f[xw[EJw MEwLL K,wf,, Srn.If wISMnOx OI,G [�S.R[Ciw'N.r,E.lDnlwi.S WNO C�La GF+JrEM�Mr10xf. i CbJLM w:N.:wllEgr,0,41DDGs....1, t,Kaa.ixw...unr2xl «CMrxoLL�ilDo�K,xnG a.s«IKr, ilol Or,i iM n[]1 S,![n, ew q10 rpl rK LEGAL DESCRIPTION aF�u°ol°Yrw`uwu w.a.ila�a°uurwmr u„2ioanv»i Iw.rn.Dca]i,r n �`i rMw�fFIL�iMMx6�0i Y[)➢�-.ft�[6�OG,M pww:ii« lfl )FSS.N066S6[R ro.ECDa[D W[YInSKDMxrMi-1�'wYK-;� PROPERTY OWNER'S CERTIFICATE I no it a«xsolrv. wio M f ac owes w lFe « M Kwe of ol® wu.Fn w eKnveoiYnuomu�MK �w�,n���rl� ,«m)cxleomlmn, _ E�SSL weac'T.R.INLr a �yum myunw.a��✓`I rinf LS « xr rowa.u.Eu.rf 11 Ivilz rt w)wnwwu 1 mkM.I DEPARTMENT OF PLANNING SERVICES ACCEPTANCE: x.m.mox Fxwrs Yl5� Lam, SURVEYOR'S CERTIFICATE: M ai�i'« CDtox ^�7 b)IQEiDRL Dx.N[D. `« w�OM�Ea>�Iw I.rowmFVM om !0. IxpMf EwD N.aY.q.lU .i,R «CIXPw00.00 cauvnma.r, ur'wa« rnbin, r owl«EffIMNExC.EFIa .xown: nl]@f DI4vp0.IICfIrm 44n.1A RECORDED EXEMPTION NO. 0459-14-03 RECX 17-0170 THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LEGEND 't'"or sna s sa,: a cor o cams 5mv •aes wE5 +m.ss •caes co*e �orc GflO]i 150 •QIEO 1.7,150 •CPF1 4 CPU030.50 •CRD e 4• xn sa. •cw � �rss.•rnes d .erau•uas � 8 aurw+aca..a � o, soua,m sve��utiir� nn 5a� BASIS OF BEARING w'�`"c«.`•a«ia�s°0"m:.:a•ai oiorr,+w°wi+ii+wsr°M'"axcnam.. uvr�mTM �.�p� o. uc FnsE amn:ai. nmcn:inxm. 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, Colorado 80524 Request: Partial Vacation, VAC23-0055, of Four -Lot Recorded Exemption, RECX17-0170, for Removal of Lot D Legal Description: Lot D of Recorded Exemption, RECX17-0170; being part of the SW1/4 of Section 14, Township 9 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 57; north of and adjacent to County Road 104 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: December 8, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX17-0170 Owner ELIJAH AND HEIDI OLMSTEAD JESSE RUNYON AND SUNNIE STEWART JOHN AND MORGAN RYAN MICHAL MCCRERY Address 51004 COUNTY ROAD 57 51008 COUNTY ROAD 57 51012 COUNTY ROAD 57 1719 EAST MULBERRY STREET City AULT State CO AULT CO AULT CO FORT COLLINS CO Zip 80610-9214 80610-9214 80610-9214 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, RECX17-0170, in the United States Mail, postage prepaid First Class Mail as listed above. nj HI Ir Ui 413 0 O O O LSI a HI 0 r- Dated the 27th day of December, 2023. sID4hW t ck. Janet M. Warwick Deputy Clerk to the Board U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com rm rw 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 j• Street and A City, St t. *igAst and _laid; ointiretvd No , or O ox No. Roq4J 5"I 0 a PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U U a 2 a U O _O - u3 O O •M•� c/i) ei as Cd 0 U O ✓ (1St° ° w N O " -2 i 41 i0 U $2 U O C O tn " 15.1 N E c- OO coo <O I I. ■ 1. Article Addressed to: c c O O U0 L� 2ma, to Rf (3 O O)'O)_ c c cn a) 0 a) .S' .Y CD CL Cc tr O to cA Cr DOD DO a) O a) U N sco Cc 8 as coO0 c c 2 2 c c .O O O vincni 0•• C);5tra)n) QcUUUU cgs o o o D a) a O a) U •i cc 1/40 f•—.1 ttsi c) • "•� *al 43\ft 0 O CD U a) CC a- c co N r-1 cr 0 0 0 LSI Domestic Return Receipt to ..D rn rr L J O ME CI D r -R rR U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.cofn 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 $ ► COMPLETE THIS SECTION ON DELIVERY Street and pt.No., o P Ben Cokit 5 PS Form 3800, April 2015 PSN 7530-02-000-9047 O) <❑❑ N> -z ❑❑ _0O oU) a) 4''6 C22 p allo 00 D -D{3l1J r)N 0 a)4 -a) CC 0 0N0oa . cc ccC co ❑❑❑ ❑❑ Postmark Here Rzi4 I -C a0 c 0 roc.05v a) > C) O 0)U)a) cc rocd00—Z7'D00 _00 4 aa))a) OOOO Nkp a) 5-a) L)a)O -C>+ M C 0Ccti N -0a) -' o a aL C+O Oa.u) • a�O a) E 4-2 9--cC0 a) vcs O 4-2 CCS • ui 0cu a O4-20 3-0 Article Addressed to: r • — C C V J N Seim NQs- 9590 9402 7686 2122 8607 30 2. Article Number (Transfer from service label) Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 rr nJul D D S a Ln -DCa O E m X > N 00 �z E aar ‘") £0 O oCD a)MI13L.24 a)°)ow a) U CC OO N a) caEE 00 aa) DN CD C3 ro•C.a) 00.�ccccowcn❑❑❑ ❑❑ m o 0a) U cNCCI- a)o0 Oa)4- tcry� <000❑❑❑❑ .-.0 0 O O La) 4-2 20CACo 13as a) as C C La)0a) C+' O.0Ca a O a 04- 4--4-1 a) 0 Article Addressed to: r ---t C 0 9590 9402 7686 2122 8607 23 Article Number (Transfer from service label) N mU] 0 a a CJ limit r-9 r -R it r- U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.uspscom®. 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 $ EI Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees Se Stree City, S.�` PS Form 3800, April 2015 PSN 7530-02-000-9047 f1 Postmark Here O 1 SGtnmie SLl/4 ti one . Domestic Return Receipt L)0)0 O 0 NO CO tiU) CD 0 NNT CO L0 Sent T U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com rev 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 ehgiTha,C1rcrtj Stre7 d it,.(.T PD Box N ibeAr. City, ZIP.+4 A p PS Form 3800, April 2015 PSN 7530-02.000-9047 See Reverse for Instructions a) O M cn cp v C � CAS N "c T o c L _ Q O U a.. • ■ N > a) C) 0 ci y (Printed Name) B. Received (1)o >-z ❑❑ T N o TD - 2 en cn c -p a) (00 13 N > 13 13 (0 a; a% (7) a) 0 a) 2 Q }, Iii in °mai �2 UUU 10 • ��� ca �- rn as.>_ c c • c) a) a) .01 0) a) a. cc a= o cn cn cc ODD ❑❑ a' o o ao 7aN a) > •a > o Q U U -o N ` I O 0 U CC t N .c CC a)>> u) I-- co "ca cn le o o - °I.!: c c c "C C) o rnmt•OOO U) a O D U a5 -5 mtt-- (/) a D a) C13 O O Cti El ENO O O Q E O+= Ucrs a O Q) U a o w N_ - co U O O .C Q) ec CtS +� Q ■ . Article Addressed to: t . -J- N tV) kr) CC) � ICJ L ‘,L*S ,n - E- t v3 0 9590 9402 7686 2122 8607 16 Article Number (Transfer from service label) U, N a D a a r9 D Domestic Return Receipt CO LO CD 0 0 M ti N O co Co E LL I1 1/5/24, 11:37 AM USPS.com® - USPS Tracking® Results USPS Tracking® Tracking Number: 70171450000096745936 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) i • • T Latest Update Your item was picked up at the post office at 12:04 pm on January 4, 2024 in AULT, CO 80610. FAQs > Remove X Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Individual Picked Up at Post Office AULT, CO 80610 January 4, 2024, 12:04 pm Notice Left (No Authorized Recipient Available) AULT, CO 80610 December 30, 2023, 3:11 pm Arrived at USPS Regional Origin Facility DENVER CO DISTRIBUTION CENTER December 28, 2023, 5:35 pm Departed Post Office GREELEY, CO 80634 December 27, 2023, 7:17 pm USPS in possession of item GREELEY, CO 80634 December 27, 2023, 4:18 pm httos://tools. uses.com/ao/TrackConfirmAction?tRef=fulloaoe&tLc=2&text28777=&tLabels=70171450000096745936%2C&tABt=false 1/2 1/5/24, 11:37 AM USPS.com® - USPS Tracking® Results • Hide Tracking History What Do USPS Tracking Statuses Mean?(https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus® u Product Information See Less /\ Track Another Package v Enter tracking or barcode numbers Need More Help? Contact USPS Tracking support for further assistance. FAQs httes://tools.uses.com/ao/TrackConfirmAction?tRef=fullmae&tLc=2&text28777=&tLabels=70171450000096745936%2C&tABt=false 2/2 1/5/24, 11:37 AM USPS.com® - USPS Tracking® Results • Redelivery Scheduled for Next Business Day FORT COLLINS, CO 80524 December 30, 2023, 9:29 am • Arrived at USPS Regional Origin Facility DENVER CO DISTRIBUTION CENTER December 28, 2023, 5:35 pm • Departed Post Office USPS Tracking® Tracking Number: 70171450000096745943 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update FAQs Remove X Your item was delivered to the front desk, reception area, or mail room at 10:59 am on January 2, 2024 in FORT COLLINS, CO 80524. Get More Out of USPS Tracking: USPS Tracking Plus® • Delivered Delivered, Front Desk/Reception/Mail Room FORT COLLINS, CO 80524 January 2, 2024, 10:59 am GREELEY, CO 80634 December 27, 2023, 7:17 pm USPS in possession of item GREELEY, CO 80634 December 27, 2023, 4:18 pm httos://tools. usos.com/ao/TrackConfirmAction?tRef=fulloaae&tLc=2&text28777=&tLabels=70171450000096745943%2C 1/2 1/5/24, 11:37 AM USPS.com® - USPS Tracking® Results Hide Tracking History What Do USPS Tracking Statuses Mean?(https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking Plus® u Product Information See Less /\ Track Another Package Enter tracking or barcode numbers Need More Help? Contact USPS Tracking support for further assistance. FAQs httos://tools.usos.com/ao/TrackConfirmAction?tRef=fulloaae&tLc=2&text28777=&tLabels=70171450000096745943%2C 2/2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/11/2023 1:44:10 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. )%1'I LOOA LLV1 UC, Signature IZIII jZ3 Date Property Owners Within 500 Feet of Parcel # 045914300029 Account Parcel Owner Mailing Address R0379486 045914000008 MAGRUDER ANNE H 6001 E SOUTHERN AVE UNIT 27 MESA, AZ 852063614 R0379686 045914000017 LYNCH RANCH LLP 51788 COUNTY ROAD 57 AULT, CO 806109214 R6775886 045914200001 LYNCH RANCH LLP 51788 COUNTY ROAD 57 AULT, CO 806109214 R8952908 045914300026 OLMSTEAD HEIDI C R8952908 045914300026 12► - PY OLMSTEAD ELIJAH B 51004 COUNTY ROAD 57 AULT, CO 806109214 R8952909 045914300027 1_ 1 1. RUNYON JESSE LEE R8952909 045914300027 ,, 1,43 STEWART SUNNIE CHRISTINA 51008 COUNTY ROAD 57 AULT, CO 806109214 R8952910 045914300028 1 Lb4- RYAN JOHN R8952910 045914300028 ] 1.1)'f, RYAN MORGAN 51012 COUNTY ROAD 57 AULT, CO 806109214 Parcels: 15 Owner Records: 18 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/11/2023 1:44:10 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. Jam/0(1A (DI z.k. 121 11) Z 3 Signature Date Property Owners Within 500 Feet of Parcel # 045914300029 Account Parcel Owner Mailing Address R8952911 04591 /4300029 L4 1) MCCRERY MICHAEL J 1719 E MULBERRY ST FORT COLLINS, CO 805243523 R8982125 045915100028 COBRA VENTURES LLC 1719 E MULBERRY ST FORT COLLINS, CO 805243523 R8982126 045915100029 COBRA VENTURES LLC 1719 E MULBERRY ST FORT COLLINS, CO 805243523 R8964115 045915400003 CMH HOMES INC 5000 CLAYTON RD MARYVILLE, TN 378045550 R8982134 045915400036 COBRA VENTURES LLC 1719 E MULBERRY ST FORT COLLINS, CO 805243523 R8982135 045915400037 COBRA VENTURES LLC 1719 E MULBERRY ST FORT COLLINS, CO 805243523 R0382786 045923000003 U S A 2850 YOUNGFIELD ST LAKEWOOD, CO 802157210 R8946861 045923200023 GONZALES CONRAD J 50994 COUNTY ROAD 57 AULT, CO 806109212 R8946863 045923200025 MCCRERY MICHAEL J 1719 E MULBERRY ST FORT COLLINS, CO 805243523 Parcels: 15 Owner Records: 18 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/11/2023 1:44:10 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 # 045914300029 JQ,, riOCIAELT-Lic H123 Signature Date T S Parcels: 15 Owner Records: 18 Page 3 of 3 DocuSign Envelope ID: 75B8D30E-5F07-42D5-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. 0459-14-03 RECX17-0170 ❑Complete Vacation (must include all lots) 0 Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number Acreage Affected Easements S 14 T9 R64 D 045914300029 140.87 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 (Authorization form must be included if there is an Authorized 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. —DoeuSigned by: 1141061, 114-6/Lni '-'3IlliceittWeiATher or Authorized Agent 11/9/2023 Date Signature: Owner or Authorized Agent Date Print: Owner or Authorized Agent Print: Owner or Authorized Agent Weld County Treasurer Statement of Taxes Due Account Number 88952911 Parcel 045914300029 Assessed To MCCRERY MICHAEL J 1719E MULBERRY ST FORT COLLINS, CO 80524-3523 Legal Description Situs Address SW4 14-9-64 LOT D REC EXEMPT RECXI7-0170 Year Tax Tax Charge Interest Fees 2022 $333.06 $0.00 Total Tax Charge Grand Total Due as of 11/15/2023 Payments Balance $0.00 ($333.06) $0.00 $0.00 $0.00 Tax Billed at 2022 Rates for Tax Area 3875 - 3875 Authority WELD COUNTY SCHOOL DIST RE2 NUNN FIRE AIMS JUNIOR COLLEGE Ill.{ PLAINS LIBRARY Taxes Billed 2022 • Credit Levy Mill Levy 15.0380000* 34.9570000'' 3.594000() 6.3070000 3.1810000 Amount Values Actual Assessed $79.40 AG -DRY FARM LAND $19,972 $5,270 $184.58 AG -WASTE LAND $20 $10 $18.98 Total $19,992 $5,280 $33.30 $16.80 63.0770000 $333.06 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer's Office 1400 N 1716 Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to tl11s parcel have been paid in full. MSigned. Date: \i2023 1400 N. 17th Avenue, Greeley, CO 80631. PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 4932628 Pages: 1 of 1 11/28/2023 09:14 AM R Feu $13.00 0 Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County CO VIII 114FgriiihV NANhifil++Ng MIIY1, iI II I Quit Claim Deed (Pursuant to 38-30-116 C.R.S) THIS DEED, made on 1\ \a..1 -W. by MICHAEL J. MCCRERYGrantor(s), of the County of LARI MIERand State of COLORADO forthe consideration of 'I." TENAND NO/100S """ dollars in hand paid, hereby sells and madam; to MICHAEL J. MCCRERYGrantee(s), whose sttnet address is 1719E MULBERRY ST, FORT COLLINS, CO 80524 County of LAMER, State of COLORADO, the following real property in the County of WELD, and State of Colorado, to wit: LOT D, RECORDED EXEMPTION NO. 0459-14-03 RECX17-0170, RECORDED JANUARY 31, 2018AT RECEPTION NO 4372176, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. with all its appurtenances. 7)Z#/JMICHMCCRERY State of COLORADO County of c )ss DONNA MANCI NOTARY PUBLIC STATE OF COLORADO NOTARY 10 19894016570 M Commission Expires: November 17, 2025 The foregoing instrument was acknowledged before me this day of t ' &g. \.cp"3 by MICHAEL J. MCCRERY Notary Public I My commission expires ` l --\ `t s a J When recorded return to: MICHAEL J. MCCRERY 1711 E MULBERRY ST, FORT COLLINS, CO 80524 November 30, 2017 DEPARTMENT OF PLANNING SERVICES 1555 N. 17"' Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: mhall@weldgov.com Phone: (970) 400-3528 Fax: (970) 304-6498 Michael J. McCrery 1719 E Mulberry Street Fort Collins, CO 80524 Subject: 4 -Lot Recorded Exemption RECX17-0170 Parcel ID #: 0459-14-3-00-002 Dear Michael J. McCrery, The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval of the draft plat please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional pages are $10 each. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50 recording continuance charge shall be added for each additional 3 month period. Please contact me with any questions. Regards, // Michael Hall Planner I DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Michael J. McCrery RECX17-0170 Planner: Michael Hall Legal Description: Being the SW4 of Section 14, T9N. R64W of the 6th P.M., Weld County. CO Parcel ID #: 0459-14-3-00-002 Lot A Size: +/- 6.5 acres Lot B Size: +/- 6.5 acres Lot C Size: +/- 6.5 acres Lot D Size: +/- 140 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 Yes No X Criteria Checklist 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. 2 The applicant has proposed a well as the source of adequate water for Lots Al B. C and 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. RECX17-0170 Page 1 of 6 3. The West Greeley 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 applicant shall address the requirements of Weld County School District RE -2, as stated in the referral response dated 09/26/2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. C. Lot A 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. D. 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. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0459-14-03 RECX17-0170 B. The applicant shall obtain an access permit from the Weld County Department of Public Works. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number. 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 Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall 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. The applicant shall also delineate the physical location of the roadway. 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. Any unmaintained road needs to be located/identified in relationship to the right-of-way. E. Show and label the section line Right -of -Way as "CR 104 Section Line Right-of-way, not County maintained" F. Show and label the approved Right -of -Way permit for any work being proposed within the non -maintained County ROW. G. 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. H. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. RECX17-0170 Page 2 of 6 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, 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) The access will be utilizing unmaintained County right-of-way. Maintenance of the unmaintained County right-of-way will not be the responsibility of Weld County. 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 7) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 8) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 9) 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. 10) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C and D have an adequate water supply of sufficient quality, quantity and dependability. 11) 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. 12) 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. RECX17-0170 Page 3 of 6 13) The property owner shall control noxious weeds on the site. 14) The historical flow patterns and runoff amounts will be maintained on the site. 15) 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. 16) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 17) 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. 18) Potential Purchasers are hereby notified that a microwave tower is permitted by USR-555 and is located directly north of the proposed Recorded Exemption. Specifically, east and adjacent to County Road 57 and approximately 0.3 miles south of County Road 106. Off -site impacts that may be encountered include maintenance related activities. 19) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 20) WELD COUNTY'S RIGHT TO FARM: 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 RECX17-0170 Page 4 of 6 activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 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. RECX17-0170 Page 5 of 6 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: Date: 11/30/2017 Michael Hall, Planner I RECX17-0170 Page 6 of 6 Hello