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Home My WebLink About20250565.tiffResolution Approve Partial Vacation, VAC24-0028, of Two -Lot Recorded Exemption, RECX20-0063, for Removal of Lot B — Justus and Debra Pettit Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, on June 24, 2020, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX20-0063, and Whereas, the Board has received a request from the current property owners, Justus and Debra Pettit, 14506 County Road 88, Pierce, Colorado 80650, represented by Kreps-Wiedeman, 2221 Second Avenue, Greeley, Colorado 80631, to vacate Lot B of Recorded Exemption, RECX20-0063, and Whereas, said property is described as Lot B of Recorded Exemption, RECX20-0063; being part of the NW1/4 of Section 33, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado, and Whereas, on February 26, 2025, 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, deemed it advisable to rescind the consent agenda approval to allow the matter to be reconsidered at the following board meeting, and Whereas, on March 3, 2025, 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 B of Recorded Exemption, RECX20-0063. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of Justus and Debra Pettit, for Partial Vacation of Two -Lot Recorded Exemption, RECX20-0063, for removal of Lot B, be, and hereby is, approved, subject to the following conditions: 5015754 Pages: 1 of 2 03/12/2025 10:16 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County , CO IN PAM III Cc:PL(vE/Mn+/1.o) ASRCsG1 APPL.,APPL..REP. 03A q /25 2025-0565 RECX20-0063 Partial Vacation, VAC24-0028, of Two -Lot Recorded Exemption, RECX20-0063, for Removal of Lot B — Justus and Debra Pettit Page 2 1 The access point onto County Road 29, located approximately 515 feet south of the intersection of County Roads 29 and 88, does not meet the spacing requirement for an Arterial Road. This access shall be "closed and reclaimed" to be compliant with Section 8-14-30.1 of the Weld County Code. 2. 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, RECX20-0063, and not vacated herein, shall be rededicated on the exemption vacation plat in the signed Property Owner's Certificate. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 3rd day of March, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Excused Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Excused Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5015754 Pages: 2 of 2 03/12/2025 10:16 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO SIII KIFORIikaIfl'lii !~lu'rle rM.LIM146Y4rh 1I II I 2025-0565 RECX20-0063 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Lindsay Oliver, Planner Subject Partial Vacation of RECX20-0063 Hearing Date: February 26, 2025 Owners: Justus & Debra Pettit Legal Description: Lot B of Recorded Exemption RECX20-0063; being a part of the NW4 of Section 33, T8N, R66W of the 6th P.M., Weld County, CO Location: South and adjacent to County Road 88; East and adjacent to County Road 29. Parcel Number: 0553-33-2-00-004 Total Parcel Size: +1- 145.97 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RECX20- 0063, recorded September 30, 2020, reception #4635633. This partial vacation of Lot B of RECX20-0063 would result in an approximately 146 acre unplatted parcel. Lot A of RECX20-0063 is 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. H. 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. D. 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. 3/3 Vacation of Lot B of RECX20-0063 I Pettit Page 1 of 2 2025-0565 &O20 — UOcv3 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 B of RECX20-0063 I Pettit Page 2 of 2 To Whom it May Concern, UWe Justus S Pettit & Debra E Pettit (Name of Property owner) are writing to request the (complete / partial) vacation of Lot B of (Circle ooe) (Mimi Lot Desip ation) Recorded Exemption No 055-33-2 RECX 20-0063 Omen Recorded Exemption number) t: Owner bt MithorizedAgen4,„(- t Date ( Print: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Signature: Owner or Authorized Agent 01.4 VICIN� MAP WLaM SURVEYOR'S CERTIFICATE. �110p.� CpgYa01MiF8 YMLr� 1W�IMEYMaY1] arttrp LL[ �uv .caawm Ewv rtrErawe am i nca-m rEEi VACATION OF LOT B, RECORDED EXEMPTION NO. 0553-33-2 RECX20-0063 PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 8 NORTH, ',GAL DESCRIPTION - PROVIDED RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO mrrx'"""r�aacf�ioin°rt of caowoo.•aoma. aunE r.Esia ixE .v�O.W iNMY FMY-uY�EidrtE�MVI611K1F8 YpEMF88. K RFWM. LEGAL DESCRIPTION - RESULTANT io+iwsirv�aa. a°�aoE"rwu°iiaira:nM°"n-aarW' wwn o°run'iar"FaE rao W oo. eav rai. raaicuawr oEac-En b aua.r. v.u° °o irr wmw°W'Eco°`rwEioarwEsiowa�Ea aaowo E�°roiuxc°" i r irebro a` immM°"�"ia.aata iswiceE"i"`"'xE oc i«E roanafaroWarEaa _ ranfEEr.acMMormm�reuwa"M"i°°r�� Y �.au�M �i"amn�,wf OiaTOr�iE=iE�i'EEi E�F/aM fri1 aroaraairn Mara ococ n¢rvwraiiro"a'WmEaoc can sEim"n, io W�[r.f 6FL�"r"iYN 1�f a�pfb�ralmq� MaM WY OF rIEIaaIMYFaidlaafEa aoirtora1d1�"ir WnE9oF�raanirrr w:oivm raEiroanrrov nE wuM navE num>nEvr Ebi a o.iaME of IIE�ov 1�E�iC"mx 9i"-aWiaiEa a6 E"�inWlKmrirHiroacoxroairf:wam 741,fcrwaaor.rvi orxnrEt" ro EKim q Ufa ManaraiaWarzaor EanvKnoay. oc�e'�ia wa'a oe:c cEOE r��"iErmmna�co""�x "�""im�aaa wawaaEioWartaoE wv n. OE�YLEEFC�"ib.'v� ��OBi-uSi EOE EmMlOE"�"�� aMWF9i0Wafa D< nE raai"�"ipfbi 0 W aE-IER 6-Mn �E 6�]L1 iEEi ip a qMr On t�[ wEEi 11E Eao'�ei mx°"r"n ri a oEiiarrv-E ccianw rE"n°°io i�iE iom aE�""'reEninr ooaaE a or v'�ac �ro rewn-F°w �a.�.roc �aoacan,waEonum.axos PROPERTY OWNER'S CERTIFICATE �oF"ii�afwa"ow'E'vaE'Ecvaoa��n�°"-iw~u"i�i°`a�c:oFu�xo mr�fafer w.oa.a rurof aaaoa.anana,aEaccor.aarwav ��a aoiafrf�,faar,wrK.roavaE,Er+Ena,Eab ,n°'Ear.;fnfar°na'r�uroa�ioa'�'�.a"'ooi�"ra� wna,�Ewvro�o a�i�uK.,Eo �aRa"�"ECiEa F1Kr Grnx.raEOEEGROb 6Mwa. Mao aallE(FMaY PuiE a cmaroo' raanarasro rea anauwaaw eai.s[m� rM.ecre� :Ei+ar+um RECORDED EXEMPTION NO. 0553-33-2RECX20-09163 77N VlaNT MAP 1- �. �.ZL C.... _ r.Sr r �.. r.�.ar it Fw.`. u. r... .�S. 'r"r.rrr rr Being a Rapist of Lot B of Recorded Exemption No. 0S33-33-2-RE2l7S, being in the NW 1/4 of Section 33, Township g North, Range 66 West of the 6th P.M., County of Weld, State of Colorado aa+.w ar a.r a.Yf.'. aMV LEGEND — SQL -••— -..•..ate • r ar..�... ♦+,..fir' MAIL ring. • ,x..r •r � a. r,-e.►am�. � �iir � � :. .rr aaaa.,.wr. rs 11 .■on_mrc 1 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: February 26, 2025 Hearing Time: 9:00 a.m. Applicant: Justus and Debra Pettit 14506 County Road 88 Pierce, Colorado 80650 Request: Partial Vacation, VAC24-0028, of Two -Lot Recorded Exemption, RECX20-0063, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RECX20-0063; being part of the NW1/4 of Section 33, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 88; east of and adjacent to County Road 29 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: February 14, 2025 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX20-0063 Owner Justus and Debra Pettit Lot A Address 14506 County Road 88 Private Address City Pierce State CO Zip 80650-9309 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, RECX20-0063 , in the United States Mail, postage prepaid First Class Mail as listed above. m ru f` r -R N U, r-i P -- c0 O Dated the 14th day of February, 2025. LOaA Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service" CERTIFIED MAILa RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) O Certified Mail Restricted Delivery • Adult Signature Required $ • Adult Signature Restricted Delivery $ $ Postage $ Total Postage and Fees Sent Stre a. Postmark Here whcs 4 De&aLTa-k F 'd"Yp� a-i odd FSS le z,P«* r� - R • PS Form 3800, Januar 2023 PSN 7530-02-000.9047 See Reverse for Instructions 4-0 C LT) at Q Q ❑ ❑ m s O a) "D Co E C O 42 .it a ■ mei a) 0 0o 4-o-41 >-z 4 co ❑ Ela ro On :6%) a) E -C C 0 4- Q) C t 2 W ct; a) N ▪ 1- cti a) a) • w IJ >- 0 U .Q .Co E a) O ti E U ecs a) L� ❑. a) N U o !n U O 0 ecn C Q) CtS o Q O ■ 0 a, all oo0 gu h22 lg O cn or- •V c c cn c a. (i c`scl> cn cX C ❑❑❑ U DO CD 0 CD C U 0 a) -5 ci❑ 0 0 o. c c 0 O O D a) a) O O 0000 El OOO1 Article Addressed to: M . rfk ,775 tc):- r? i_q) yr QA 9590 9402 6113 0209 7535 02 2. Article Number (Transfer from service label) m Ri .1J ru N a ru U, 1 a Ur c0 U. Domestic Return Receip O rn 0 O 0 IC z 0_ r CV >, a) T CO CO u- U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here Sent To • 1 - i� - }ter i vat itoeta Street and Apt. No., or PO Box No. City, State, ZIP+4S PS Form 3800, Januar 2023 PSN 7530-02-000-9047 See Reverse for Instructions 1/28/25, 4:25 PM Property Report 1,17JEL-ilD Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R8968006 January 28, 2025 Account Information Account Parcel Space Account I Tax Type Year Buildings R8968006 055333200003 Agricultural 2025 2 Actual Assessed Value Value 556,898 39,130 Legal PT NW4 33-8-66 LOT A REC EXEMPT RECX20-0063 Subdivision Block ! Lot Land Economic Area I PIERCE RURAL Property I Property Zip T Section Township Range Address City I 33 08 i 66 Owner(s) No owner information available. Copyright © 2025 Weld County, Colorado. All rights reserved. Privacy Statement & Disclaimer I Accessibility Information https://propertyreport.weld.gov/?account=R8968006 1/1 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/28/2025 4:15:49 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 # 055333200004 (Aticzfivt .t,Oct,t to a_ ' )2sIzs Signature Date Account Parcel Owner Mailing Address R6783794 055328300029 THORNTON CITY OF 9500 CIVIC CENTER DR THORNTON, CO 802294326 R6784739 055328400029 HUNTEMAN VICTORIA J R6784739 055328400029 HUNTEMAN DAVID L 14937 COUNTY ROAD 88 PIERCE, CO 806509309 R0128089 055329000011 BROWN JANICE R0128089 055329000011 RC LAND INC (1/2 INT) R0128089 055329000011 BROWN DUANE 13415 COUNTY ROAD 88 PIERCE, CO 806509308 R4897107 055332100013 HOARD ANTHONY 704 KIMBERLY DR FORT COLLINS, CO 805248420 R4897207 055332100014 WILD BASIN RANCH LLC C/O KEVIN MOERSCH/LAURA LEHSTEN 42875 CR 29 PIERCE, CO 806509301 R7503898 055332100033 KILLIP TAMARA S 13862 COUNTY ROAD 88 PIERCE, CO 806509308 Parcels: 19 Owner Records: 31 Page 1 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/28/2025 4:15:49 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 # 055333200004 Ottrtd- at • LOCti Und I Iz5 Signature zg Date Account Parcel Owner Mailing Address R1512802 055332100048 GIBSON CRYSTAL LYNN R1512802 055332100048 WILLMAN JOSHUA C 42501 COUNTY ROAD 29 PIERCE, CO 806509301 R8942732 055332400054 COLLINS KASSI R8942732 055332400054 COLLINS JASON 42439 COUNTY ROAD 29 PIERCE, CO 806509301 R0690886 055333000044 KAFKA KAREN R0690886 055333000044 KAFKA KENNETH J 14450 COUNTY ROAD 88 PIERCE, CO 806509309 R3281704 055333100047 PETTIT DEBRA E R3281704 055333100047 PETTIT JUSTUS S 14506 COUNTY ROAD 88 PIERCE, CO 806509309 R3282004 055333100050 PETTIT MARC 14776 COUNTY ROAD 88 PIERCE, CO 806509309 Parcels: 19 Owner Records: 31 Page 2 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/28/2025 4:15:49 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 # 055333200004 (_)11339-Pl. Om 0) ciC Zs)Z5 Signature Date Account Parcel Owner Mailing Address R8968006 055333200003 ' l ^ 14 R8968007 055333200004 1.04- i3 PETTIT DEBRA R8968007 055333200004 L'* a PETTIT JUSTUS 14506 COUNTY ROAD 88 PIERCE, CO 806509309 R8962932 055333200032 NACE MINDY LYNN R8962932 055333200032 ATENCIO JASON DILLON 42502 COUNTY ROAD 29 PIERCE, CO 806509301 R8962933 055333200033 HEIN ELIZABETH J R8962933 055333200033 HEIN MARK A 42586 COUNTY ROAD 29 PIERCE, CO 806509301 R8962968 055333200090 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R6775485 055333300053 FLETCHER ANITA C Parcels: 19 Owner Records: 31 Page 3 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/28/2025 4:15:49 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. 1,172 125 Signature Date Property Owners Within 500 Feet of Parcel # 055333200004 Account Parcel Owner Mailing Address R6775485 055333300053 FLETCHER NEAL H 42400 COUNTY ROAD 29 PIERCE, CO 806509301 R6775486 055333300054 FLETCHER ANITA C R6775486 055333300054 FLETCHER NEAL H 42400 COUNTY ROAD 29 PIERCE, CO 806509301 R8941967 055333400002 THORNTON CITY OF 9500 CIVIC CENTER DR THORNTON, CO 802294326 Parcels: 19 Owner Records: 31 Page 4 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/28/2025 4:15:49 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. ZS. Signature 2 � Date Property Owners Within 500 Feet of Parcel # 055333200004 ists;k rots • OO 1 at Parcels: 19 Owner Records: 31 Page 5 of 5 Plat Vacation Application Recorded Exemptions & Subdivision Exemptions Date Received: I 01 IA rcl Case IS Assigned: V CAA—Dn.& Application Received By: � Planner Assigned: L.O Plat Information Tide of fib to be vacated: Lot B No 055-33-2-RECX 20-0063 O Complete Vacation (must include all lots) a Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number Acreage Affected Easements S 33 T8 R 66 055333200004 145.9 Property Owner(s) (Attach additional sheets if necessary.) Name: Just= S Pettit Datum E Pend Phone 5: 970-590-2943 Street Address: UM vitae En : oettlt armstahashmail.com City/State/Zip Code; PItwos CO Soho Applicant/Authorized Agent (Authorization form must be Included if there is an Authorized Agent.) Name: Robed D Kreos Company; Kreps-Wledeman phi *; 970-396-4417 Ems: robertkrepelileipnatcom Street Address: 222124 Ave City/State/Zip Code Greeley CO 80631 I (We) hereby depose and elide under penalties of perjury that all statements. proposals. minor plans submitted with or contained within the application are true and correct iotins beet of my (our) kno lsdga. At fee owners of the property must sign this spptcedon, or t an Autrorlved Agent signs, an Authorization Form signed by at fee owners must be included with tins application. If the fee owner ie a corporation. evidence must be krduded indicating the signatory hes the legal authority to sign for are corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of reooded exemptions or subdhlelon ex : Owner r .1 12//1241 Print Owner or Paw Print Owner or Authorised Agent Date 01124 3 Departments of Planning Building, Development Review and EnvinonmenW Health 1402 North 17r" Avenue P.O. Box 758 Greeley, CO 80632 Authorization Fonn I, (We), . USIUa S Eati t a Debra F P h . give permission b Robert D Krim (Owner — plesae print) (Authorized Agent/A—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: Legal Description: Let B RECX 200083 ol Section 38 . Township S N. Range W Subdivision Name: Lot Blodc Property Owners Information: Address: 14506 CR 88 Pierce CO 80650 Phone: 970-590-2943 E-mail: pettitfarrriglh*hmat.com Authorized Agent/Applicant Contact Information: Andes: 2221 2nd Ave Greeley CO 80631 per: 970-396-4417 E_m: robertiaeps36@gmail.com Correspondence to be sent to: Owner x Authorized AgentIAppitcant x by: Male Email x Additional r8ot I (We) hereby certify, under penalty d perjury and after carefully reading time entire contents of this document, that the bmfornr frtion stated above is trw and correct to time best of my (our) knowledge. Data 1 y '/d 7 /44 a- `14Date, hp?' a� Comer Signature Owner Signature Subscribed and sworn to before me this day of December- , 20 £LI by 00ifq: My commission expires 51 3/ /9D9S 01124 4Q,, k1ouotnaiy NICOLE LEANN KAVANAUGH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194041633 uY COMQessiols EPEES 0513112020 4 Weld County Treasurer Statement of Taxes Due Account Number R8968007 Parcel 055333200004 Legal Description PT NW4 33-8-66 LOT B REC EXEMPT RECX20-0063 Situs Address Account R8968007 PETTIT JUSTUS 14506 COUNTY ROAD 88 PIERCE, CO 80650-9309 Year Charges 2023 Tax Billed Payments $1,572.82 $1,572.82 Balance $0.00 Grand Total Due as of 11/05/2024 50.00 Tax Billed at 2023 Rates for Tax Area 0919 - 0919 Authority WELD COUNTY SCHOOL DIST RE9-AULT NORTHERN COLORADO WATER (NC AULT FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION D Taxes Billed 2023 • Credit Levy Mill Levy Amount Values Actual Assessed 12.0240000• 5353.00 AG -SPRINKLER S46,663 $12,320 23.2820000• $683.57 IRRIGATED LAND 10000000 52936 AG -FLOOD $64,069 $16,910 IRRRIGATED LAND 7.3180000 $214.86 AG -DRY FARM LAND $293 S80 6.3360000 S186.03 AG -GRAZING LAND $157 $40 3.1960000 S93.84 AG -WASTE LAND $32 $10 0.4140000 $12.16 Total $111,214 $29,360 53.5700000 $1,572.82 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. Weld County Treasurers Office 1400 N 17. 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 this parcel have been paid in full. Signed: ,0d 6 Date /0 ,c,741/ 4693099 03/18/2021 12:19 PM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $132.50 Carly Koppes - Clerk and Recorder, Weld County , CO Spacial Warranty Dead (Pursuant b C.R.S. 3830.113(1)54 Omnior(s), COLORADO MIMIC MlPS FARM LLC, A COLORADO LIMITED UMILITY COMPANY , whom arm addrom Is 42 li COUNTY ROAD 290410 COUNTY ROADS., PIERCE, CO WNW, City or Town d PIRA Carty of Wind and Wails d Colorado , for the comidara0ar d ($1,125,,000.00) ",Otte M1Mos Three Hundred Tomb Moe Th oborrd and fi0►IOOr" dab. In hand paid, hook, ss0(o) and convoy(,) to.RMTUS PI71R AND DEBRA PETTIT, m Joint Towta whose areal add om N 14100 CRS" Moro. CO Mop, Cay or Town of Mares, County of Meld sM Sob d Colorado, the folios.° mad property in the Cwt, d Meld and Oboe d Colorado, bet Web Dosramatr, Fie Dab:a rob 12.2W I DIEM PARCEL A: LOTS. RECORDED EXEMPTION Na INWIWIS-2 RDCX260019i, RECORDED SEPTEMBER t0, 2020 AS RECEPTION NO. 4010010, WRING LOCATED M THE NW 1M OF SECTION WI, TOYYNIMP 0 NORTH, RANSO is WEST OF THE ITN PJIL, COUNTY OF WELL STATE OF COLORADO also Mown by brad and numbs, m: 42!00 COUNTY ROAD 29, 14000 COUNTY ROM OS, PIERCE. CO SNU0 with di Ito rppuMnerrom rod wortorM(s) to Ws b the some a0inot a0 persons claiming under me(w), aub)eet b EWA, Stood Ile day d lib. 12, 202f. COLORADO ORGANIC RW08 FARM LLC, A COLORADO UNITED LAMM 0088* 1f B- £3--y-Q/) RICKS. MHpER Stole d County d ) ) The foregoi°.dlnrnwt woo adoo dsdped before me on this day of Moral 2021 by VELUM RKEB AS WNW OF COLORADO ORGANIC EURO FARM LLC, A COLORADO UNITED LIABILITY COMPANY Wino= my band and o0idd esel My Commisoion expire.: Notary Pubic PLEASE SEE ATTACHED NOTARY CERTIFICATE When noorded return to: JUSTUS PETTTT AND DIEM PETTIT 14,0CRM.Piero. C00000 Foos 1000 ale doryJeri 25104041 (100136301) 4893099 03/18/2021 12:19 PM Page 2of2 CERTIFICATE OF ACKNOWLEDGMENT California All -Purpose Acknowledgment A notary public or otter officer completing this csetMcate verifies only Ibe identity of dm individual who'aped the document to which this =ace* is attached, and not the webldee's, aotanacy, or validity of that document: \J:. J.\. 1:� �� is \l,I�\�/i K .��.'�\::rev �.:� \v' \V \ti. fir' \' /�� w\` J•\ \• :/�l:'t^v �,v. !�,:L ^w..:cZ•.:�@ :.:� � w G`2 ., v. .tr. v �''L'.•..ck•. J�'.'.'.-C-. �fIV-':�.V..:�.v...:L. !, State of California County of Contra Costa K On Matt 4 eao?l before me, P 2Z, . eiNgrA, • Notary Public, s. N �`-} )K p�4Y 41 .._._._7 Wbt ulkta.40 •+. s � N% v who proved to me en the baps of ',Refectory evidence to be the penon(s) whose names) is/are subscribed to the within hit and acknowledged to me that he/she/they I executed the same in hWher/ heir authorized aped y(iss), and that by his/her/thdr a sigaature(s) on the instrument the person(s), or the entity upon behalf of which the Ak i< person(s) acted, fit. executed the t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Z WITNESS my hand and official seal. tMOfKNL 0141% COW OM Cooly Goebim a 2331147 if Cow bilks* Kt 2014 !bee Hairy ti,rt Abws Deecripdon of Attached Document Tttb or Type et Documsut S t'd?A. (..4-muety a Deeu■esnt Date: Number of Pages: elpseldrotthsr ties mind above 1 -+►•- �k�L"iae�ya.AF`•.'riti�lS•I��reAY•KeafrAPYSca'?�IwY�.yb?i��Fe�eiC�ii.�tY.xi'�3c�_ .-�' ... .. :r1•r.r`....rY. ;•N'. t� DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: asnyder@weldgov.com Phone: (970) 400-3525 Fax: (970) 304-6498 6/25/2020 Colorado Organic Buffs Farm LLC William Ricks, Manager c/o Sheri Lockman Subject: Recorded Exemption RECX20-0063 Parcel ID #: 0553-33-2-00-048 Dear Mr. Ricks and Ms. Lockman, The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code. We find that your proposed 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, 'i, f 4 l c_= Angela Snyder, Planner II DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Colorado Organic Buffs Farms LLC do William Ricks RECX20-0063 Planner: Angela Snyder Legal Description: Lot B of Recorded Exemption RE -2175, being a part of the NW4 of Section 7, T4N, R65W of the 6 P.M., Weld County, CO Parcel ID #: 0553-33-2-00-048 Lot A Size: +1- 3.9 acres Lot B Size: +1- 143.24 acres Water Source: Lot A: NWCWD Meter #2861 Lot B: Proposed NWCD Tap W Sewer System: Lot A: Septic #SP -9900181 Lot B: Proposed Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. If any On -site Wastewater Treatment System (OWTS) should be necessary in the future all septic systems must be located on their respective lots, meet all lot line set back requirements, have all appropriate documentation, and will comply with all Weld County Department of Public Health and Environment regulations. 2. Prior to recording the plat: A. The applicant shall satisfy the concerns of Weld County School District RE -9, as stated in the referral response dated May 21, 2020 per Section 24-8-40.K.1 of the Weld County Code. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. RECX20-0063 Page 1 of 5 B. The applicant shall address the concerns of the Public Works Referral, dated June 1, 2020, relating to the proposed Lot A and Lot B access location(s). C. Lot A 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. D. 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. E. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8- 40.P. of the Weld County Code. Net acreage calculations should not include future road right- of-way. 3. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0553-33-2 RECX20-0068 B. County Road 29 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 delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. C. County Road 88 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right- of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County D. Show and label the existing and proposed access points and the usage types (Agricultural, Residential, Commercial/Industrial, and/or Oil and Gas). Public Works will review access locations as a part of the plat submittal. E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-70.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. 4. 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 occupied building or structure shall be constructed within two hundred (200) feet of any tank battery, within one hundred and fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. RECX20-0063 Page 2 of 5 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 7) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 9) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 10) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) Prior to the release of building permits, the applicant shall submit 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. 13) Prior to the release of building permits on Lot B, 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. 14) 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. 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. 16) 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 RECX20-0063 Page 3 of 5 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. 17) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open 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 manurs, 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, takes, 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. RECX20-0063 Page 4 of 5 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. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 -month period. 7. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. 8. The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the recorded exemption. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. By: Ar elaSnyder, Planter III RECX20-0063 Page 5of5 Date: June 24, 2020 Hello