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Home My WebLink About20231086.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0008, OF TWO -LOT RECORDED EXEMPTION, RECX17-0065, FOR REMOVAL OF LOT B - BTZ LAND, LLC, AND DONNA MAST 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 9, 2017, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX17-0065, and WHEREAS, the Board has received a request from the current property owner, BTZ Land, LLC, and Donna Mast, 9709 Alkire Street, Arvada, Colorado 80005, represented by Ehrhart Land Surveying, LLC, c/o John Ehrhart, 77 Erie Village Square, Suite 290, Erie, Colorado 80516, to vacate Lot B of Recorded Exemption, RECX17-0065, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX17-0065; being part of the S1/2 NE1/4 of Section 14, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No 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 BTZ Land, LLC and Donna Mast, for Partial Vacation of Two -Lot Recorded Exemption, RECX17-0065, for removal of Lot B, be, and hereby is, approved, subject to the following condition(s): 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. 0894947 Pages: 1 of 2 CC: PLOP/nN/NN), APPL. APPL.RE . 04/27/2023 01:12 PM R Fee.$0.00 $0.00 2023-1086 Carly Kappa., Clerk and Recorder, Wald County , CO O5 /02/ 3 RECX17-0065 11111 Kill PARTIAL VACATION, (VAC23-0008) OF TWO -LOT RECORDED EXEMPTION, RECX17-0065, FOR REMOVAL OF LOT B - BTZ LAND, LLC, AND DONNA MAST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of April, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: diduA) ;ve, Weld County Clerk to the Board er L. B ,� , Pro-Tem Sc tt K. J Count ttorney Date of signature: o I/25 /23 4894947 Pages: 2 of 2 04/27/2023 01:12 PM R Fee:$0.00 Carly Kopp.., Clark and R.00rdor, Weld County , CO II 2023-1086 RECX17-0065 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Molly Nelson, Planner Subject: Partial Vacation of RECX17-0065 Hearing Date: April 17, 2023 Owners: BTZ Land LLC & Donna Mast Representative: Ehrhart Land Surveying LLC c/o John Ehrhart 77 Erie Village sq. Suite 290 Erie CO, 80516 Legal Description: Lot B of Recorded Exemption RECX17-0065; being the NE4 of Section14, T1 N, R67W of the 6th P.M., Weld County, CO Location: West and adjacent of County Road 23; approximately 0.25 miles south of County Road 10 Parcel Number: 1469-14-1-00-016 Total Parcel Size: +/- 69.9 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot B, being the largest lot of a two -Lot Recorded Exemption RECX17- 0065, recorded August 17, 2017, reception #4327836. This partial vacation of Lot B of RECX17-0065 would result in an approximately 69.9 acre unplatted parcel. Lot A of RECX17-0065 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. A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. Vacation of Lot B of RECX17-0066 ) BTZ Land LLC Page 1 of 2 1�i SC. -Y 1- D0Ld 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 RECX17-0066 I BTZ Land LLC Page 2 of 2 EHAHT LAND SURVEYING January 9, 2023 To: Weld County Planning& Zoning Department RE: VACATION OF LOT B OF RECX17-0065 and LOT B OF RECX17-0066 The owners of above referenced lots respectfully request to vacate the lots from the existing Recorded Exemption Plats. The land consists of agricultural farm land, and has no improvements other than oil and gas facilities. There are existing access easements to the lots across the Lot A on both parcels. Sincerely, John P. Ehrhart, PLS Authorized Owner's Representative OFFICE: 303-828-3340 • P.O. Box 930 • Erie, Colorado 80516 www.coloradols.com • john@coloradols.com 77.-'1" VACATION OF LOT B OF RECORDED EXEMPTION NO. 1469-14-01 RECX17-0065 BEING A PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP I NORTH, RANGE 67 NEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO rmu�, awry 0101 srna ii m�a.v I�onm .ua E)�.rPsi a ,tiE anmi "Yriaaru �.N. mun. m Tna sun: or ala::.sn NT. u1Tl Dar.wf ...O., a rt. a ,0 .pets .0. 00 ILSS S17RYEYOR'3 NOTES: ` z) µrrcE:.ccams�c ro caa.Do ur rou wsT ca..rxJa .Nr EEoi rcrioN a.sm IJPa w [.TNr Y.T .JIT .ClIONwlAYD UPp1 .WT OECEOT MM 1NIS 91XTp1YFNQDCi. pxrurc.na sNaN rrtxTa. �p nc zourN UNT or MT sourN Nur o arN. Y.N¢ 9> YEsi, Ya+wEr,m SYBECCDIKESIMICICAIL , nw P. wRN.Br, . 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Sx+O A PART Of M SOUM xAU' K TORnarc 1 NaM. RAMS e] W:sr a M eM PP.wnAL YDeaAx, mw �a .nD. n.rz a4araAoo rD1u .MA. cwlAws a»n.a m n. a ]SDl+ Aan Yar a Lcss RECORDED EXEMPTION NO. 1469-14-01 RECX17-0065 BEING A PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP I NORTH, RANGE 67 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO IJ R REBAR WIx 5" µWwW CAP LS 2]209 wort [A2 Wnr n fe REBM WM 3.5" µWiMIY CAP l5 JD•et (x0i AC®rED) yydo0.n0 rLR 1�iw w•r .W t' . m.•cax cawnJ A ea cm _1iI ) C I/• SCCMN I• CAP L9 69]J _ S urnw' \ / \\ PRr wP w�c�l r�\ SB9'2Y59rz 99.6>'lu) E6w]SJJ mare Aaa !Nr]/ \ NOJ1Y2"w S92.69'(u) 3 1/f N 11R M I/r d¢ App IICTOM Ir � 10' REYRKO fCP fUn]NC Rq.l d' w.x� 7 , 7"-7.1T E I • ueNUY cw Lz xezee yyy b R[BM WM 2.5" µUuwW CM LS 11!]2 (NOT ,y SB9'•vJi"w' ACRPRD) �'N-I 6e65. DARD .HMIAR+ 4 i00e. wA5 ERGARdxc Rwxr5-K-wI,r. CASCUENR KY. 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PACC 2]J R(LdwEO MiOBU I•. 1669. ceceNn at=u »i»' YCLLOw µAsnC • Ls tx°]'.e: �uM.cR .D`°rn oMRwzY w. wI uceswro dslA.wE (P) %ArtED DISTANC[ B Yfna CORNU - sowoARrwuM� ---- ucMN Lrrt - - GYUMI lwC 151 v,cmrrY ' � 2000'NAP SI IE� .vBY ft �fM mCapnb _ w e6sB_IAa drw M{°Sir]p D,INSRSH� CSR1iP1CA'LS: `+�'R°an`vs. e�i [er i.e /''fit rrs Lw u<./. wR.x tO.&R rA i°° M B ySI m, w.P. x� LNoa r :=9„4,4_71E,� M1E>f Caw 1 1019 A9wwE6AA.W. FACTO FNT 1-FI,FICAT. L !d ,�wRA�, uYYxn�r �AR�OP�a s,Pwaa] 9adf�wed ,�fµw s,tW, a EHRHART LAND SURVEYING r.D . ew.cw..•.w1R SHEET: OF, [NTE: a/]/1] 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: April 17, 2023 Time: 9:00 a.m. Applicant: BTZ Land, LLC, and Donna Mast 9709 Alkire Street Arvada, Colorado 80005 Ehrhart Land Surveying, LLC do John Ehrhart 77 Erie Village Square, Suite 290 Erie, Colorado 80516 Request: Partial Vacation, VAC23-0008, of Two -Lot Recorded Exemption, RECX17-0065, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RECX17-0065; being part of the S1/2 NE1/4 of Section 14, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 23; approximately 0.25 miles south of County Road 10 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: April 5, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX17-0065 Owner JAVIER R MARQUEZALCALA AND JULIE LUEVANO Address 1212 LANCASTER AVENUE BTZ LAND, LLC, AND DONNA MAST 9709 ALKIRE STREET EHRHART LAND SURVEYING, LLC C/O JOHN EHRHART City State Zip FORT LUPTON N CO 80621 ARVADA CO 80005-1317 77 ERIE VILLAGE SQUARE, SUITE 290 ERIE CO 80516 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, RECX17-0065, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 5th day of April, 2023. Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com. F 1 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 TotalPostage and Fees i Sent To Stree a City, a vi r� !Y1ctrea> !L/ i c LucVojwj i 415 Postmark Here FWc,aJct �fvn CD SO4cZ/ PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 3 W c 45 Q ri 4. CO O ;' o >- z •,' ,. a a ❑❑! f CZ o t.) N 0 M CO CC flt4 CD C a) 5 TSw C0N 2 w22 ao 2 O 4-. a) CC nva73 7_ C Ent cm. s.. ❑❑ ❑❑ a i �-• N a) cc am -® rc' ic c a) 3 D -C QO ci ❑ COMPLETE THIS SECTION O W U) 41 a U N U o O r� i a) ui �h" Sa)E g O +� 0a.°Qo ■ ■ ■ a 7E -a kA g t5°) Ki 2) V ‘,) 9590 9402 7331 2028 8552 91 C O 0 .> CD a) U) a) CC o� 45 15 CD CD O ❑❑ 2. Article Number (Transfer from service label) m 0 N U - CI CI O O a r, Domestic Return Receipt 0 c) ) 0 0 N- U) 0 O >, T CO LOL 07 a. U.S. Postal ServiceTM 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 Mall Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees BLan d PLC-• 4 Postmark Here Sent Tc 1 Strltpto., o nn oo 'TO lL re.. r 8DD 5- )311 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U) 4a a) 0 73 C >_ < Q ❑❑ C. Date of Delivery B. Received by (Printed Na N >-z ❑❑ N o E o U) c -O 2 1O cti o a) -a -O L (d 0+ C O W �>- ) CI) C O O ® U • cd C -O i t• [ Cll w Cv U 4o� C C4 O coo ■ ■ U - • a C) 4- as a) 4-0 no CCI 4-4 U Q ■ 83 a a'^ cn 0 9- 0 O Article Addressed to: rJ cab V a) + U 5- N O CC W22 S O O U0CI aI 2 U _ -L 2 o Wa).m.�a) a accc❑coCT) ac DOD DO 0 CD m U Y U a) Cr a) O lb' 03 C c (B o= o O �- ~~= m a) O O Q 000. El ❑❑❑f a) a) a) 0 4-1 C) U a) cr woo v) a[ .> .> ❑ ❑ .( .ct - or C1 C O' U a) 2028 8553 14 9590 9402 7331 e a ecs U co czi cz 0 a) t a a 1 Domestic Return Receipt c0 TO co cn 0 0 z 0 0 C" T CO CO E U- a ri Er a O N U- S S MI MO N C. Date of Delivery B. Received by (Printed Name) CL E s o } cts CI. • a) -SRS �L �O U) 73 �- +' V C) can 9-= a) 4-4 o c) %rticle Addressed to: r Co 1/4f) 4- j'°' ki) c3 L � d caris Ce V N 2 cc Q~ — "cTs V V o 0a)= aCC oOU) ❑❑❑ ❑❑ tm. a) ❑ D rte. a0 wCC 2028 8553 07 9590 9402 7331 4 4 5 O o r . 01 0 Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . Y is WM 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 $ 415 Postmark Here V Postage Total hrhar4 age and Fees I Land w1 r Senw71, i S r John &hrhar4' "rft Aflac��.`qu�ie 51t7A(� city iralte • z PS Form 3800, April 2015 PSN 7530.02-000-9047 See Reverse for Instructions WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/24/2023 11:40:22 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Ottraifi .100cJJ Signature 3/24123 Date Property Owners Within 500 Feet of Parcel # 146914100016 Account Parcel Owner Mailing Address R6039286 146913000008 AURORA CITY OF 15151 E ALAMEDA PKWY # 3600 AURORA, CO 800121555 M0020901 146913000013 GALICIA CARLOS PO BOX 1368 BRIGHTON, CO 806011368 M0100202 146913000013 LEON MIKE PO BOX 1368 BRIGHTON, CO 806011368 R6039686 146913000013 MARTIN MARIETTA MATERIALS INC C/O BADEN TAX MANAGEMENT PO BOX 8040 FORT WAYNE, IN 468988040 R0256988 146914000045 GILBERT TIMOTHY G R0256988 146914000045 GILBERT MARLENE K 3842 COUNTY ROAD 21 FORT LUPTON, CO 806218445 R0013689 146914000048 HAYWORTH ALEXANDRA R R0013689 146914000048 HAYWORTH HUBERT O 3746 COUNTY ROAD 21 FORT LUPTON, CO 806218437 R0013589 146914000049 BUCK-RUYBAL MARGARET F TRUST 3510 COUNTY ROAD 21 FORT LUPTON, CO 806218437 Parcels: 14 Owner Records: 20 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/24/2023 11:40:22 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. -eaCctlx .10Ancdrci, 8/7.1-1/ �3 Signature Date Property Owners Within 500 Feet of Parcel # 146914100016 Account Parcel Owner Mailing Address R0136489 146914000050 HOCUM JACQUELINE S 3472 COUNTY ROAD 21 FORT LUPTON, CO 806218437 R8083000 146914000055 EUSER MARGARET MCDOWELL R8083000 146914000055 EUSER ANTHONY GERRIT 3465 COUNTY ROAD 23 FORT LUPTON, CO 806218409 R3969405 146914100001 CHAVEZ ARTEMIO 3695 COUNTY ROAD 23 FORT LUPTON, CO 806218409 R8950266 146914100015 1,t4 13 LUEVANO JULIE A R8950266 146914100015 f T MARQUEZALCALA JAVIER R 1212 LANCASTER AVE FORT LUPTON, CO 80621 R8950267 146914100016 W4-" BTZ LAND LLC (2/3 INT) R8950267 146914100016 1,64- 13 MAST DONNA F (1/3 INT) 9709 ALKIRE ST ARVADA, CO 800051317 R8950268 146914100017 RUIZ GLORIA 3765 COUNTY ROAD 23 FORT LUPTON, CO 806218401 Parcels: 14 Owner Records: 20 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/24/2023 11:40:22 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. 3124 /'z 3 Signature Date Property Owners Within 500 Feet of Parcel # 146914100016 Account Parcel Owner Mailing Address R8950269 146914100018 BTZ LAND LLC (2/3 INT) R8950269 146914100018 MAST DONNA F (1/3 INT) 9709 ALKIRE ST ARVADA, CO 800051317 Parcels: 14 Owner Records: 20 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/24/2023 11:40:22 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 146914100016 Parcels: 14 Owner Records: 20 Joutairn klet4ta)ck, 3Jz4Jz3 Signature Date Page 4of4 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be Vacated: RECORDED EXEMPTION NO. 1469-14-01 RECX17-0065 5 14 T 1N R 67W O Complete Vacation (must include all lots)EPartial Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number B 146914100016 AGRICULTURAL 70.027 Access Easement to Lot B Acreage Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Brian Zehnder Company: BTZ Land LLC Phone #: 303-328-7611 Email: brianzehnder@msn.com Street Address: 9709 Alkire Street City/State/Zip Code: Arvada, CO 80005 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: John Ehrhart Company: Ehrhart land Surveying, LLC Phone #: 303-828-3340 Email: john@coloradols.com Street Address: 77 Erie Village Sq., Suite 290 City/State/Zip Code: Erie, CO 80516 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 exemption or subdivision exemption. 1/11/23 Signat e: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date Print: Owner or Authorized Agent Print: Owner or Authorized Agent 7/20/2021 DEPARTMENTS OF PLAN7040 BUILDING. DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17Th AVENUE GREELEY, CO 60831 Loir:j ft/ OR TIWI r diia t/?,ex`" Od/D a -MOW . kc&ct (.msalonto -oasoprint) (AuthorizedAgenease p 1) to apps for any Planing, Building, Access or OWTS pennies on our behalf. for the properly bcated at (address or parcel number) tlebw: 14601.10001e and 1460141005(6 Legal DesapOon: NE t/a of Section 14 . Towrrsltip0t N. Raange° W SubdtvO10n Name: Lot B. RECX 17.0065 and Lot B, RECX17.O066 (, f B Block" Property ()voters tnfonrladoO' Addrosss . 11 i. j / .,a; c, r J Ph- -YR11 7,4 '1` E nook /"�Atl J ij �'� trieNtri149 S lied Aufh died Agent/Applicant Contact Informsikn: PO. 950. Eae. CO 60516 Adder: Phone: 303.6014 40 E4Aad ols.mm Correspondence to be sent t0: Owner 1.1_ Aulhoetted AgenUApplrcanf El by LIL_ Email Adalbefel UtfO: Orme: SlorteturcilP4A Owner Signature: 7 DateCi : I//� j3 o2 "Date: J / 11 3 Document processing fee If document is filed on paper If document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. -Fl1 o d $125.00 $ 25.00 Document number: 20061199947 Colorado Secretary of State Date and Time: 05/18/2006 04:17 PM Entity Id: 19981061876 ABOVE SPACE FOR OFFICE USE ONLY Amended and Restated Articles of Organization filed pursuant to §7-90-301, et seq. and §7-90-304.5 of the Colorado Revised Statutes (C.R.S.) ID number:, 1. Entity name: 2. New Entity name: (if applicable) 3. Use of Restricted Words (if any of these terms are contained in an entity name, true name of an entity, trade name or trademark stated in this document, mark the applicable box): 4. If the limited liability company's period of duration as amended is less than perpetual, state the date on which the period of duration expires: 19981061876 ZEHNDER ENTERPRISES LLC (If changing the name of the limited liability company, indicate name BEFORE the name change) BTZ Land LLC ❑ "bank" or "trust" or any derivative thereof ❑ "credit union" ❑ "savings and loan" ❑ "insurance", "casualty", "mutual", or "surety" (mm/dd/yyyy) OR If the limited liability company's period of duration as amended is perpetual, mark this box: ✓❑ 5 The amended and restated constituent filed document is attached. 6. (Optional) Delayed effective date: Notice: (mm/dd/yyyy) Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. AMDRST_LLC Page 1 oft Rev. 11/15/2005 This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Saul Richard J. (Last) 633 17th St. (First) (Middle) (Suffix) trees name and number or Post Office Box information) Suite 270 Denver 80202 State Po (City) f ) ( stal/Zip Code) UnitaStates (Province - if applicable) (Country - f not US) (The document need not state the true name and address of more than one individual. However, ifyou wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the name and address of such individuals) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. AMDRST_LLC Page 2 of 2 Rev. 11/15/2005 ATTACHMENT TO AMENDMENT & RESTATEMENT OF ARTICLES OF ORGANIZATION OF ZENDER ENTERPRISES, LLC FIRST: The name of the limited liability company is BTZ Land LLC., a Colorado limited liability company (the "Company"). SECOND: The principal place of business of the Company is at 9709 Alkire Street, Arvada, Colorado 80005. THIRD: The registered agent of the Company is Brian J. Zehnder. The registered office of the Company is 9709 Alkire Street, Arvada, Colorado 80005. FOURTH: The Company shall be managed by Managers . The names and addresses of the Managers of the Company are: Brian J. Zehnder 9709 Alkire Street Arvada, CO 80005 {31252.3.5/12/2006 03:16 PM.KBUS.A0226817.DOC,1 } Teresa L. Zehnder 9709 Alkire Street Arvada, CO 80005 ARTICLES OF ORGANIZATION 19981051876 M OF $ 50.00 SECRETARY OF STATE ZEHNDER ENTERPRISES LLC 04-02-98 11:36:48 A COLORADO LIMITED LIABILITY COMPANY FIRST: NAME/PRINCIPAL PLACE OF BUSINESS The name of this limited liability company is Zehnder Enterprises LLC. Its principal place of business is at: 9707 Alkire Street Arvada, CO 80005 SECOND: REGISTERED AGENT/OFFICE AND SERVICE OF PROCESS The initial registered agent for the company shall be Robert J. Bricmont, Jr., and the initial registered office in the State of Colorado shall be at: 1700 Broadway, Suite 1800 Denver, CO 80290-1801 All service of process shall be made upon the registered agent at the registered office. THIRD: MANAGER(S) The company shall be managed by its board of managers in accordance with the Operating Agreement and the laws of the State of Colorado, and the company shall not be managed by its members. C Allen Spoe)Ot0an, Organizer FOURTH: INITIAL MANAGER(S) Pursuant to C.R.S. Section 7-80-204(d), and since the company shall not be managed by its members, the name and business address of the initial manager(s) is as follows: NAME: ADDRESS: Brian J. Zehnder 9709 Alkire Street Arvada, CO 80005 I, the undersigned natural person of the age of 18 years or more, as organizer of this limited liability company under the Colorado Limited Liability Company Act, adopt the above Artic s of Organization for such limited liability company by my signature affixed below on �1 / , 1998: Signed: 2 l Div 4879949 Pages: 1 of '1' 0x/02/2023 et:10 on R Fif`513.00 D ,..30•00 Koppok. Clark and Flootyrellor, Wald County , ,C0 Aj gill KIM 4illiM441;44k III �v J SPECIAL WARRANTY DEED.. c,S;' THIS ,DEED, made this lLr •1-‘• 3,0/ &Z3yj betv`een BRIAN J. EFINDEER a TERESA L. ZEHNDER, as joint tena1nfb,as to an @`""undivided 2/3((ityrest, and DONNA F. MAST, as to an undivided 173ylnterest <gr,antors, and BTZ LAND L'LC, as to an undivided /3 interest, and DONNAT, MAST, as to an undivid8id,1/3 interest whose legal addres4ls: • 9709 Alkire Street`' 401 -> Arvada, CO 80005 < . LS? of the City of At gda, and State of Colora grantees, WITNESSETH, That the grantors, for and in consideration of the sum of: TEN -AND NO/10�`'DOLLARS (U.S. $10.00); and other good and valilable consideration, the receipt and soR racy of which is hereby acknowledged, have granted9tiargained, sold and conveyed, and by thlii,se presents do grant, batgaih, sell, convey, and conf%rr1; unto the grantees, theirsoccessors, heirs and assigns forever, all(tiie real property, togethery ith all improvements, if anj)situate, lying and being in the County,of.;,Weld and State of Colorado, described as follows:,,2 Lot B, Record0Q''Exemption No. 1469-14?91 RECX17-0065, being a part'.,the South Half of the Northeast Quarter of Section D4;'fownship 1 North, Range,67 West of the 6th P.M.K. accordrrig\to the plat recorded August 16, 2017 as Receptioh�� No.,4327836, County of Weld,: SState of Colorado. A parcel of land approximately 70 acres. also.li(lown by street and numbA? as: '2 TOGETHER with all aid m singular the hereditaeriis and appurtenances thereto belonging, gt'in anywise appertainin and the reversion and�re�versions, remainder and remainders, rents, \Vissues and profits thereof; and all the estate, right;:title, interest, claim and demand whatsoever of ^� ! rn r rn� /r '� ? � the grantors, either, in- law or equity, of, in ,end to the above bargained premises, with the (.9 >.: ?• :> hereditaments and.`appurtenances; 5 .: TO RAVE AND TO HOLD the,satd premises above bargj)nad and described with$fte appurtenartc2as, unto the grantees, the f successors, heirs and assigns forever. The grantond; for themselves, their heirs and personal representatives or successors, do covenant and agree that they sh9S.and will WARRANTAN,D'FOREVER DEFEND the above -bargained premisesi .the quiet and(peaceable possession ofltbe,grantees, their successor's, heirs and assigns, against all and every -Person or persons claiming the whole or any parttthgreof, by, through or unc�ejttie grantors. No State Documentary 7, Fee IN WITNESS WFt'}2EOF, The grantors ha,Je executed this deed on;the date set forth ''',./above ( ,'sit ?s `�_ V I Grantor: DONNA -3F'. MASTr',",:' JEAtf.t-t<LENE Nolgi* PUBLIC STATE OF COLORADO Grantgf:3ERESA L. EHNDER"j, fhGT0RY ID 19924009093 MY 9 ,F�ION EXPIRES JULY 21, 2024• �(. ofJ . Stale of Colorado 1 (2s, State; f .D�e('2 a I (� \ ,Gbunty of Jefferson } (;7j ‘,4.,iiiinty of 1-94.,,,,,,t) CV The Foregoing ,was knowledged before �:r Th for goingWas cknowledged before me this day^of 2023, bye` me this ay.df� 2023, by.' BRIAN J. ZEHNDEttand ERESA . ZEHNDE , DONNA F. MASTrgrantt grantors. ,L°) Witness my4gZ and official seal. (JJ 24\ N ary Public C� JEAN E 6LENE^. •^ Nnraav ai X91<t�✓ j;Y:011020-12.n4ATE §Safi 41 (MNTY DEE D NOTARY ID 14009093 I.MY COtv:MInsiSN E; PinES JULY 21, 2024 `JJ Witness my hand and official seal. (J N.>!ryPu�I (? �i 62 63 1 I llllllhlllllllhlllllllllllll 1111111111111 11111 III liii 3661631 11/24/2009 02:31P Weld County, CO 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder When recorded, mail to: Janet E. Perlstein LottnerRubinFishmanBrown+Saul, PC 633 l7' Street, Suite 2700 Denver. CO 80202-3635 BARGAIN AND SALE DEED KNOW ALL BY THESE PRESENTS, that BRIAN J. ZEHNDER and TERESA L. ZEHNDER, joint tenants. as to an undivided 2/.7 interest ("Grantor"), whose address is 9709 Alkire Street, Arvada, Colorado 80005, County of Jefferson, and State of Colorado, for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sell and convey to BTZ LAND, LLC, a Colorado limited liability company, whose legal address is 9709 Alkire Street, Arvada. Colorado 80005, County of Jefferson, and State of Colorado, all of Grantor's right, title and interest in the following real property situate in the County of Weld and State of Colorado, more particularly described as follows with all its appurtenances: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. also known by street and number as: TBD, Fort Lupton, Colorado 80621 CONVENIENCE DEED —NO DOCUMENTARY FEE REQUIRED Pursuant to CRS § 39-13-I04(I) (b) 31252.3.A0372507.0O ; I ; [SIGNATURE PAGE FOLLOWS] 1111111 11111 111111 111111 UNE HI 1111111111111 3661631 11/24/2009 02:31P Weld County, CO 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder Signed and delivered this 1 day of March, 2009. GRANTOR: BRIAN J. ZE TERESA L. ZEHN ' ER State of Colorado )§ City and County of Denver ) The foregoing was acknowledged before me this jday of March, 2009, by Brian J. Zehnder and Teresa I,. Zehnder, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instnlment and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, executed this instnlment. Witness my hand and official seal. My commission expires:02/DOCi0 ry Public I31252.3.A0372507.DOC; I I 11111 111111 1111111111111hIIIIII III 11111 alum 3661631 11/24/2009 02:31P Weld County, CO 3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A I.EGAL DESCRIPTION THE NORTH I/2 00 THE NORTIII ,1ST 1,4 OF SECTION 14. TOWNSIIII' f NORTII, RANGE. (i7 WEST OF THE SIXTH PRINCIPAL. MERIDIAN. CYII;N], O0 WELD, S")'.ATE, (_)E COLORADO. AND LOT II OF RECORDED EXEMPTION NO, 1469-14-I-RI:-40K(i, ,ACC:O121)IN(;'II) THE: MAP RECORDED AI!(;US'r 31, 2005 AT RECI I'TION NO. 3318464, BEING; A PART or THE SOUTH N:1LE OF THE NORTHEAST l'4 OF 6E:CTION 14. TC)14NSIIIP I N()RTH.RAN(:I; 67 WEST OF THE SIXTH PRINCIP:II. MERIDIAN, C:(.)I:N"l'Y OF (VELD, STATE OE COLORADO. Also known by strut wit! number,ts OM FORT I..I.}MON ('O106O (thc •'Urn/it-Hr..1 {31252.3.A0372507.DOC; I; Pi) DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: BTZ Land, LLC c/a Brian Zehnder RECX17-0065 Planner: Ryder Reddick Legal Description: Lot R67W B of of Recorded the 6th P.M., Exemption Weld County, RE -4086; being CO part of the S2 NE4 of Section 14, T1 N. Parcel ID #: 1469-14-1-00-002 Lot A Size: +/- 5 acres Lot B Size: +/- 70 acres Water Source: Lot Lot A: B: Proposed Proposed Well Well Sewer System Lot Lot A: B: Proposed Proposed Septic Septic Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2 Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4 Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. 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 Lot A and Lot B. 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. 3 Topographic or physical features of the proposed lots, such as ravines. ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the RECX17-0065 Page 1 of 6 Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: A. The applicants are proposing a shared access for proposed Lots A, B of Recorded Exemption RECX17-0065 and Lot A of Recorded Exemption RE -4086. The applicant shall submit to the Weld County Department of Planning Services: 1) A recorded copy of a 30 -foot wide joint access and utility easement extending across Lots A of RECX17-0065 and Lot A of RE -4086 from County Road 23, for the benefit of Lots A and B of RECX17-0065 and Lots A of RE -4086. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. B. The applicant shall attempt to address the requirements (concerns) of the City of Fort Lupton, as stated in the referral response dated April 17, 2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall attempt to address the requirements (concerns) of the Colorado Division of Water Resources, as stated in the referral response dated May 16, 2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. The applicant shall address the requirements of Weld County School District RE -8, as stated in the referral response dated April 18, 2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. E. Lot A 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. F. 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. G. 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. H. The Recorded Exemption RECX17-0065 plat shall be recorded in conjunction with the RECX17-0066 plat. I. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 5. Items to be included on the plat A. The plat shall be titled: Recorded Exemption No. 1469-14-01 RECX17-0065 B. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of the separate recorded access easement agreements asked for under item 4.A above. The recorded document must be signed by all the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception numbers. RECX17-0065 Page 2 of 6 C. A 30 -foot wide joint access and utility easement extending across Lots A and B of RECX17- 0065 and Lots A and B of RECX17-0066 from County Road 23 approximately 4,045 feet north of County Road 8, for the benefit of Lots A and B of RECX17-0065 and Lots A and B of RECX17-0066. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. D. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP17-00254). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. E. County Road 23 is a paved road and is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 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 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) 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. RECX17-0065 Page 3 of 6 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and Lot B have adequate water supplies of sufficient quality, quantity and dependability. 7) Potential purchasers should be aware that Lot A may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 8) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 9) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non - buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 10) The property owner shall control noxious weeds on the site. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) 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 29-3-20.6.13 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. 13) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 14) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 15) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 16) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban RECX17-0065 Page 4 of 6 dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 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. RECX17-0065 Page 5 of 6 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 maos©co.weld.co.us. 10. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: r eddick, Planner RECX17-0065 Page 6 of 6 Date: June 9, 2017 Hello