HomeMy WebLinkAbout20232058.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0038, OF TWO -LOT RECORDED
EXEMPTION, RECX19-0136, FOR REMOVAL OF LOT B - MICHAEL COAN
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 December 2, 2019, the Department of Planning Services approved
Two -Lot Recorded Exemption, RECX19-0136, and
WHEREAS, the Board has received a request from the current property owner, Michael
Coan, 28242 County Road 10, Keenesburg, Colorado 80643, to vacate Lot B of Recorded
Exemption, RECX19-0136, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RECX19-0136; being
part of the SE1/4 of Section 18, Township 1 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
3. No easements are being included in this vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Michael Coan, for Partial Vacation of Two -Lot Recorded
Exemption, RECX19-0136, for removal of Lot B, be, and hereby is, approved, subject to the
following conditions:
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.
cc:PL(TP/MN%MN),APPL. 4914108 Pages: 1 of 2
OV23 /23
Cary /2023 Koppes, And Recorde , .00
Weld County , CO
11111 .rRI��� lei ORA? ra II Hi
2023-2058
RECX19-0136
PARTIAL VACATION, VAC23-0038, OF TWO -LOT RECORDED EXEMPTION, RECX19-0136,
FOR REMOVAL OF LOT B - MICHAEL COAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of July, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: do2:14.4)
Weld County Clerk to the Board
BY: �ttth& .u�aluo�
Deputy Clerk to the Board
torney
Date of signature: IZ'l I Z3
4914108 Pages: 2 of 2
08/09/2023 11:38 811 R Fee:$0.00
Carly Kopoes, Clerk and Recorder, Weld County , CO
1111 IMIKINICII .ICiffi j` f iNkShilf lii,1I II
2023-2058
RECX19-0136
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Nelson, Planner
Subject: Partial Vacation of RECX19-0136
Hearing Date: July 19, 2023
Owners: Michael J. Coan
Legal Description: Lot B of Recorded Exemption RECX19-0136; being a part of the SE4 of Section 18, T1 N,
R63W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 8; West of and adjacent to County Road 63
Parcel Number: 1477-18-4-00-002
Total Parcel Size: +/- 52.76 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RECX19-
0136, recorded February 5, 2020, reception #4564389. This partial vacation of Lot B of RECX19-0136
would result in an approximately 52 acre unplatted parcel. Lot A of RECX19-0136 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.
2023-2058
Partial Vacation of RECX19-0136 I Coan
Page 1 of 2
+RE Ia-ol3LP
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.
Partial Vacation of RECX19-0136 I Coan
Page 2 of 2
June 2, 2023
I am requesting that Lot B of RECX19-0136 be vacated.
Thank you
Mike Coan
Vacation Plat of Lot B
Recorded Exemption No. 1477-18-4 RECX19-0136
Located in the East 7/2 of tha Sosathaast 1/4 of Section 1B,
Township 7 ,1t Ron9a 63 Waet site 6th'1
County of Weto, State of Colorado
Sheet 2 of 2
CEMFA-Gu`� 4 CCfa1ER K':<3gN S4 —�
EG•�P D 3%A'ZRE&W WIM ] �/A XfAIXNM
L iAPHif Sf.AIF
200
a0
Arne."ica. red
"�" Land Surveying Co.
Vacation Plat of Lot B
Recorded Exemption No. 1477-18-4 RECX19-0136
Locoted in the East t/2 of the Southeast tJ4 of Section 1B,
Township 1 North, Rangge 83 West of the 6th P.M,
County of Wstd, State O1 Colorodo
Sheet 1 of 2
FROFCRIY ip qE VACA1EPe
l�mpOR�,1�pNO m430A1E4 BONG SPA TnE i"Af3! i��0i ivEC mUi GEA5Y �!% C T'aER�00N�19, roWN5K 51 NC�RIII��AH4GE N
WCn OF THE 4TH PRINCIPu. NWi'WN COUNiY Di \EL3w STAiE CF GOLORP➢0.
PROPERIT OESYRIFIION A//RN: ER VAGILO
MITOIP, MERRLMEN,-roUNNE OF W L,krg, gLONOO YO E 0MTroCUTARLT ,k 9E0 45 FOLLOWr TME 6TN
P DURING5: lNE WES 'JNE OF 1NE SOUMEVT t/� OF SECi1CN iDWN5H•.P HGfIM, 2Jw:E 0.3 NEST OF THE
5 AS4,'NED TOR 5GfR; OP52'5�' EAiT, A$ ONUMEHTEO HEREUY WrtH ALL 2�JRIN .5 WNTNHEO a Ew
WanWOCtlRdlR TO WLOMDO UW TOU UST COMMENCE TNT lFfh. iG11CM R1SE0 UPoN uF! DEFLLT IN iH5 SURVEw' WtOWN
, NORC IILVi TENpYF.YS5 FROM ME�W.R Oi TNt CEFNFIa NOM.! HEREON iu NO WR SNI:._ iFiNi rx
EZCE6 THE DOLLAR AMGUM NR THIS SURJEv.
t°N�oc of aPw�snaF`'°�e-�a�""�C!m
•ERtF%'J.TION OF.FINER THE USE P appp �Cee!rL' M "CERTIF ATaH• Rv 4 REG�STFFkD F'RDfESYCHPL LWD
P�xpMRi� N'WHCH MBftCUCi N%IR OG49�Ot CSWpS. �1E �v�in� ORGOJMNR"SOOTHEH �HLR'�i
gi.. ME,EONµ H .41 COMMIYI 1 W2ROP vIUO, FD 8v 746T f N THISRSURfir "NID sUWEYINc COWAM'• u1D PRE
T1NC R84W
YiN�PEHW
"1� �IiKfW
TTNkCRRJW
=r)
SNO�
FC Q
Tf H, N6=W
HOIE:
c� T�R:Rv �vn'�ttcoF n�NORL �E�TnCRWHD�cou �WDNEIRLE Fnn camRouluG Nowous wffDG cN rHE srtE. PURNwNT To
M5TOR14V. ROw PArtERN5 AND RUNOFF %NOUNS WILL RE wvnunEO W THE SRL
PROPEFIT CNN CEA171.OEI
I� UNDEµ3CGN,�, BfN.BrT %4CA�C ENLwp gNSEOVFPUT oFWRE OR0�45 p5 x}M ON n�E nACCOMv>NnNCEUiF%P HEREON BRED
E%6FINLPoF.up�fM5 WE 1Ni5 VM,A:roN LLSS I GTEO ',`,"°-'&1111°.'''.'-'2 T1C Kt01NNmn0
NPP 6 HERE', RE E ' MOWN E R'ONT<-OFUWq NNOT rJFEET[D Vry illE NNANPINYING
siA3E OF CO'.ORWDO j
COLHTY OF MELD
KIIE FMEGGNG CERTIF..ON WA9 PC.0.606ED D60RE NE THIS 0. Of
NT [gANIS9UN f%FIRES
WT-
SI
V[RLF ft. OOS. W REGISTE'f1E➢ PROlEStiTOuu trNO RIANE!'OF W TNF SfAi[ OF COLGRApO Da NCREM CERnF1' hAT M6
ALPTgH PUi WAS PRVMED WOER Mr PQiSONN. SUPERMGCn. NVO RUT TN5 PUi IO AN PGCURATE RFTiE :FHi'ARON THFRCOi
FU AtErtnh iW%T THE SURVEY PNO THISFFU! :.OMPUES 1Win PLL .PRL�CPBLF RulF5, MUTTONS AYD UWS OP THE 51-
0HOMO GF RECi5RURON OR PROFi5RONR4 ENGNFFA$ MO vR0=CR510N1 SURJEVCFi5. MO kFLD CUUNtt.
FwLLiPio wn een'u`�5o .+ewe
A caiowoo zRRow.naaN':TTNc co
1E
L nd. Surveying Co.
VIII IY4NSRl�1Wk;W',IMM41YINT�G'iM1IW'NMi N III
Recorded Exemption No. 1477-18-4 RECX19-0136
W)ELD COUNTY N TES:
�ISitIL5 WHICH TORNEEPROPhric LOCATEO.LL OS PNi i0 iHE10EFINIiION Of �ECTa4LHOIN THE WELD COUNErvTCODE, iME 20NE
REOUIPEp SETBACK IS MEASURED FROM iNE FUTURE RIGM-OF-WAY LINE.
• 0 BUILpING R STRUCTURE AS DEFINED AND LIMDEO i0 CHOSE PANCIES LISTED AS GROUPS A B, E F. N. D R
SEO ERT OR2wIiHNTAE150�EOOT EFRAD�US GMET OµEOLHEADOR�ETH NEa 1WENT'TEOE WFOOT RADI00-O OµRARILUCCEDAO TANK
ONE-IIUNpRE�� fI NFD GO�J ELL. PLAT FONSTRUELLNOEADI SHALLA REOVIRENA RE ' i RPOIMUEHOFTERMST OF TSHAIs EH�EER IN
ORDANCE WITI UBSECTI0ND123 6-tO.C 0 ODE.
2)CANY Fui i CTURES OR USES ON sRE TMUSi OBTMN TNf APP RIATE ZONING AND B PERMRS.
s NOi ELIGIBLE FOR A FUNPE LWp IXEMPTION IN ACCORDANCE WRH SECTION 2A -b -20.C.1 OF iNE WELD COUNtt
THE WELD OUNtt BoRD OF COMMISSIONERS PN ACCORDANCEBWIIH SECTION 34�ftB-AO.P OiSTHE RWELD �OUNiYSCODE�RWED By
iR CHAPPTERPIbmART CLSR IOAN� PEROFOTHE WELD COUNtt C� EE FOfl CONTROLLING NOZ10U5 WEEDS ON ME SITE. PURBUANL
EYISTENG UTOILITIEs WRHINOiHEEENI5iINGVEOUNTYINtIGHi�SEOG WATLOUTED wrtNIN E%ISTING RIGNi-OF-WAY OR Pqv i0 RELOGTE
9ba PRIG pRELIMMEARiLEY �PROVEDu aCCE55 EOGTIONME�AP aIWNNtO SHALL EEAREOUIFED TO s..' A COMPLETE ACCESS APPLIGTION
MPROVED RICHi pOF WA USE PERMR PRIOROTO COMMENCEM NT<OUNtt RIGHTS -OF -WAY OR EASEMENT SHALL ACQUIRE AN
t0) iH HISTORICAL FLOW PaTTERNs ANO RUNOFF AMOUNTS W LL OE MNNTNNED ON THE SITE.
NI� ADINCOOWNERS OFONTURfEASLOT5 RFAtt��HEIREfROM �RECPFDLE55 OFOLOL LONFIGURRnTION OP NUNBEREOFOINISEPS ANO
wi5E0MPEDETTHE USE Oi ESIICN E4SEMENT5 WITHOUT ETHE nPPROVALHOFAl1 EPER50N5 WIiHORIGHiSMOF IUSE OF SUOACHEFASEMENI5.
PROGPAMSTRUDENCE5SROVIBE 5L BMITiEp INOOCATINC LAND HAS BETENO RELFwSEO FROM 111E CPP PFWFAMEPRIOR iOROHE RE1F SE
OF BUILDING PERMITS.
µ3I HRIOR i0 i E LEASE OF DING ERMITs. LNE a PPUGANi PSMALL SUBMIT A RE DED DEED DESCRIBINOGNTSU
sHH))LL INCLUOEILIOHNE LOTROESICNAiEONEANDp RECORDED ExEMPTION H T gPLILATIONs. i ERLECPL DESCRIPTION CH �EEpON
SEPNCf5RTTg,I AE, O BEHAVE OAN PDE ,2 WATEr SUPPLY G SUFFSiCIENIT OUPDIY EOiUANiI11Y ANO OEPENDABIUIYLINNING
PLSLOVIPOSTFOR OUTSISE IRRICATIOt AND%ORAi WATEFING O�OSiOCAN u�L5 ETHE STATE DrvISi0N00f SWAiERERESOUPCEs ISSUES ALl
WELL PERMITS.
THE LOLEORPAO DEPAATMENL OF OUBUCE HG1TH AN T ENJIROtMENiR iu vWELO COtETINttLpEPPRTMENt AF P 6LICDARFAD`THSADEnNEO �
ENT STRONGLY ENCOURAGES WELT USERS EO TEST THEIR DRINKING wgTEfl PgIOR TO CON9UNPTION ANO PERIODICALLv
THERE PETER.
k PURCM45Efls OULD BE AWARE ORDEO ExEMPT10N DOES O TEE WELL
PE Mlps WhL BH SUED FOR THE OTS. Y Oi A BE Dlti NON-BUILDABLF f THE Oi OWNEF IS UNABLE i0 OBTAIN A
WLL ERMIT ESTATE OrvIS10N O( WATEF REsOUFCEs SSUES ELL PERMITS.
EBEMPi10N OPROCE55 PTIgPFROVAL OFOTHIs FECOROEOSE%EMP ONEOOES INOEEGURPNOEE PPPRWAL OFHMURENMPOFLICATIONSOONDEO
ADJACENT PROPERTIES.
OE)ANUAGI%EMPiMBUILDMGLPFR OTHBTENREpUIREINENT5 OfE5ECTI0NR19T11 �30EANOTSEETON 039-320.8.13 OE PTE WELD COUNtt N
CNDF DO T NEED DUIL�OINC PERMITS. WEVEft, nt OµFYCOLMEPCL CE BE LED WBLULoENGPORNWai DFOARRTMENT
10£flINGE ORTwASHING 60TIVESEOCNN OR EPOUL ISM REQUIRED CAL SERVICE i0 THE ER
GACNT'LREF COUNTYwIDEU ROApN Iu flFFfOSNxDD LDPNN�ICE IMPACTGERERROGF MSRE TO THE FEE TTFUCNPE OE LHE COUNTY
RIGHT
Si.
PR
PND
oD
DRCHES ANO RESERV01 90N�TIiU5 `µp0
SiRCNRESO,WININLESSNDH� SI�DfyNTsµM
ELD COUNtt COVERS A LAND AREA
TATE OF DELAWARE) WITH MORE TH
FAL RE50
OIL ELD EQUIPMENT, ONp5
' 5 CONCTFO LINGBCHILD
1NE fPAMER'S LIVELIHOOD.
DICHES. CELECTRICA�L NFOWEft fOR�PUMP5 SPN�U CE NiER PNOL OPEFPTIONS MIEIIOHµO
IS iMPORTPNf F oM DOGT FONt iµEIFTSPFCIY�BUOPRLSOOFORINOHFRPROT 7 OF
it
Si.
IUERAITDEP sOF THE CEN uA000REVFSED
IRLAGE OF SUCH DEPOSRS: ANO (CD) SUCH
CrtI�EN5 OF DESROPUEO�OCOUNTIES OES THE
.ON MOVµ0RE0VEfti gib*
SEES,
DRTUNftt TO E%TRACT THE MINERAL RECSOURCE.
MESOutCE5 NAREMPROTECTED PROPERtt RIGHTS
ERAL RESOURCE.
PROpUCTrvE AGRICULTU AL CO TIES IN THE
UN
BLT ASSOCIATED wI1H AGRICULTURAL PROOUCTON
Located in the East 1/2 of the Southeast 1/4 of Section 18,
Township North, Range 63 West of the 6th P.M.,
County of Weld, State of Colorado
Sheet 1 of 1
-LOYA
CR 6
v ClNlftt
SCALE. = 2000'
SURVEYOR'S NOTES:
t61HBAS15 OF BEARINGS: THEE E4jo, HE s UTXFAST µ /ry MF sECN ION N N, c7,,MN 6J HERSEINDF THE
RELATNE �iNERETO. ED TO EAR THE OOfb>'92" FIST, 0.s 0 U ELATED EREON WITH ALL BEARINGS NTNNEp
OR
YOOU�OfIRSiADISCEIVEROSULH DEFECT. A N NOGEVENTT MA NYDa ON BASED EUPON IANYHDEFECE✓tN iHIIS IN
SURVEY BE COMMENCED MORE THAN TEN TEARS FROM THE GATE OF ME CERTIFICATION SHOWN HEREON. IN NO EVENT SHALL
Ay" ERTInCATION EFipED T OF E WORD "CERTFY" OR "CERIIFlCATIOtJ BY A REGISTERED PflOFESSI0NP1 L.Wp
SURVEYOR. IN E PR CTICE OF UND SURVEYING. CRnSTME5 ANp %WESSSN07 p PS'RiR� 5510 NPLRO pECARDING THOSE
ERHER EKPRNESS ORVIMtIIEr E SUBJECT OE THE LE FlGTION, PN N iE RPNTY OR GUARANTEE.
IR
DISPARItt
AERATION
'A CE
HE LIFELINE FOR 1 E A CflICt LTUPAI C MUNItt. s UNREALISTIC i0 ASSUME TODN
Ally ZE THEY GNNDT LTAKE WATER IRgOMAIPRICATON DITCHES, ELAKESV OR OTHER 0 tt,
GTED RIGNi T THE WATER.
UR
OUSAND ((4(,00) SMOASE MIL
E�OS'RTRETCMES VPJLASLE RE'.
IC
ER
TI
EO N //0. 4 i-ts-a REC%tN-//Op6B. EECCOROEDB 57PTEMBER 25H02014 AS RECEPTION A04RBJI,
DMN C UNtt10F WELONSTATE OF COLORADO. ON OWNSHIP RTX, RANGE 63 WEST OF THE 8TH
DISTEANCE OiE"YTHESEA�S DARN T90LFINEOAAYREOF LOTRnE OF pEc%tA4R-0006,LOTSB 0 FSEC%11N0069 WWS + FIO'TPECTEO g FLIS
PROPERTY OWNER'S CERTIFICATE:
ASTSHOWN ONITNEOTTENLHEp HMAPSOLE LNOERSTnNDETHISE POPEtT'ESOLO AiE�OIN RDEE GAGARICULTURAAI OIInNICEVA LSE
q�1�NTENDED ^LLi0 PROVIDE PRE45 FORTHECONDUCT Of OTHER USES BY RICHi. ACCESSORv USES AND USES By SPECIn1
MICHAEL J. COAN
NOTPfttAU
R�Oi� 4108C
BIAR�IpN MpRlp9otoht
NMHMNt; xvn
CERTIFICATE OF APPROVAL BY iNE DEPARTMENT OF PUNNING SERVICES -ADMINISTRATIVE REVIEW:
THIS PIAi 5 aCCEPTEO AND M OVED BT fHE OEPAFTMENi OF PLANNING SERVICES FOR FlUNG.
•
DIRECTOR, DEPARTMENT Of PLANNING SERVICES
'. of coloRADo iss.
tt OF WELD ff
ION
ES s My HAND AND SEAL.itetnI^ 11�
Ic
EASEMENT CERTIFICATE:
THLE '�
�_RI�!POSE5�//��OwNR OR OESC 9Eo
MICHAEL J` CONI
WND SURVEYOR ESTATE OF CDLORADO, 0 T THAT THIS
NRTNSfl C`Ri FYDRp�pO HEA 5SUORVEY ANO`i�1150NµCOMPUE5PWSITHUPIL MPLIACPCBCLE�RUIEs.
IE SLATE O TE BOARD gECIS11xAT10N FOR ROFEssIONAI ENGINEERS AND
FORLµO OOOBE'HALFSOF
AMCOLORA00 CORPORATION EYING CO
f cs rize rG!.2IL
Land Surn •ing Co.
91111MR, CO IM01 F PJW-IOC-IS.ii' mlwn'AP,Y.^^m
L MuxN er, Mnx I wLaxv ery ax I wTE: M...I.W.. xe zvly
I rnF. i\il-zMllx
LA\
6ExEfrt RLo3 4.x0 B. �-�
Recorded Exemption No. 1477-18-4 RECX 19-0136
Located in the East 1/2 of the Southeast 1/4 of Section 18,
Township 1 North, Range 63 West of the 6th P. M.,
County of Weld, State of Colorado
Sheet 1 of 1
CENTER -EAST 1/ 8 CORNER SEG110N e
FO�UN 55/4' R EMA WITH J 1/4' ALUMINUM
3GY).
SUM M ]µ 0�REBM5WITH 2 i%Z'
AL R L9 23501.
III
or xcceia-0�3e. 0 I
SB91 T25'w 1313.])'
cox°0 nbw.w Ae �zurnw�iwEl g
irgv
OT A
5 JeAnCRES�/ NET
}/ G
LOT B
5509] ACRES ( GNOT55
E�WNE CRE9A 2] EUCIT3,
MINUM CAP L5
O NO/.) 6COERRR y5jETM T,
A UMINUM CAP 5 2303].
554415[ 5C4LE
200 _
1"•200'
400 600
W
Tend Surve+ing Co.
mil] Oxntl txp,ollr pl
Flit: is\Ti-a\i�x ne}x\5
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: July 19, 2023
Time: 9:00 a.m.
Applicant:
Michael Goan
28242 County Road 10
Keenesburg, Colorado 80643
Request: Partial Vacation, VAC23-0038, of Two -Lot Recorded Exemption, RECX19-0136, for
Removal of Lot B
Legal Description: Lot B of Recorded Exemption, RECX19-0136; being part of the SE1/4 of
Section 18, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 8; west of and adjacent to County Road 63 (see
Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: July 7, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX19-0136
Owner
BRADY AND MADLYNN
SCHREIBVOGEL
MICHAEL COAN
Address
3295 COUNTY ROAD 63
28242 COUNTY ROAD 10
City
State
KEENESBURG CO
KEENESBURG CO
Zip
80643-8605
80643-9415
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, RECX19-0136, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 7th day of July, 2023.
(jai\ [jytt4t
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''.
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 $
Certified Mail Fee
Postage
Total Postage and Fees
Postmark
Here
"•.rac4� IY1O.ap LAjnn " C�'�rL� bvo3
s„e���° eXXN?J3
IP+4s
PS Form 3800, April 2015 PSN'530-02-O00-9047
8003 •--
U.S. Postal Servicet"
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.coe.
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
Stree
jabad C,COAL
at' r.B
Al,,load' iU
e. ZIP+4'A
�S D1o43 -1W3
PS Form 3800, April 2015 PSN 7330-02-000.9047
ctl
dS.jSo
O
x
E
'D
cv o
E -0
+, a)
a)
t� CD CI
-p T3
T3 L-
(6 -
w
m 0
(12
-Q
DoE
s�
c o -c
4-'
O .+— U)
co O
• co
-o (CS
o U
so
C - - Q
U
.,
CV Z7 i ++ CO
r
O
Rf
o_
co O '' -p `•'_
EEc
a) as U U 0
0 4-
•
o 3-- °
g3 a)
a. >Itacs
U a. 0 <t
. Article Addressed to:
8
o O
0 co el
2 cc t a)
UU
cn cn a) cu ccs t
Y. cccca(i)cocc
ODD DO
e
a% >
D
a) > -O CD
0 rll = N >
-o a .5 Q
a) •i
. • so
U
�= U o
ti
cc Noa
a
=- -437) 1-1) cc
C c�� C C65 g 2 O
oa) o O
+�, e U U
a) 5t'
u)-a-oa)a)oo
<<OOOO
cd ❑❑ O❑O
IN --
0
\i)
00
a cc co
0 _a)
V Q N'
— N
q _ C
es
5) iJ Ln
—55
QS
U
C)
E
OO
a) 0
r -R
a_
IN
D r -R
z
U l —
Q
Q^
O
O
CI
a
Cs'J
Domestic Return Receipt
PS Form 3811, July 2020 PSN 7530-02-000-9053
NOTICE
Pursuant to the zoning laws of the
hearing will be herd in the Chambers of
Colorado, Weld County Administration
Colorado 80631, at the time specified.
If a court reporter is desired, pleas
days prior to the hearing. The cost of eng
party. in accordance with the Americans
required in order for you to participate in
Office at (970) 400-4225, prior to the day
The complete case file may be ext.
Commissionem Weld County Administrat
Email messages sent to an individual Ca
ensure inclusion of your email corresp
egeeickrveld.gov.
Date: July 19, 2023
Time: 9:00 a.m.
Applicant
Michael Coen
28242 County Road 10
Keenesburg, Colorado 80643
Request: Partial Vacation, VAC23-0038,
Removal of Lot B
Legal Description: Lot B of Recorded
Section 18, Township al North, Range 63
Location: North of and adjacent to Count
Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado 14
Dated: July 7, 2023
• O
N
V
ro
01 tIti
T
t� co vs
ptigg
allISSIONS
SENDER: COMPLETE THIS SECTION
• Complete Herrra 1.2 and S.
• Print your name and address on the reverse
so that we can return the cod to you.
• Attach this card to the back of the maliplece.
or on the front If apace penite.
ftvlaMA4nn
rep bvoged
32.46 tLQ3
rushwkCIO CD11431nu�mm�iiiiiiAauMMUM
9590 9402 6749 1074 1 329 34
Q
ri
U,
S
0
r
0
0
0
0
U,
rig
rat
N
v
krs
f�:
en
1/47-6
f0
C
rear
oltem
ors
wee
ear
goo
12 rt. got
OA %rot\ 4#14. -Sr
900ST:A tej:
VOYAtn
0%...4e
ses...Lt Is4 al Ss:::
ti; ttol t VIA di::
\re' O° si°
0
co
UI
C
rim
wit
see
see
doe
COMPLETE THIS SECTION ON DELIVERY
A. eignature
x
1tItIhttil!-rcriilsMitctits th'it Mkt it itt nip 1 I thit pip
O Allot
Addressee
a Received by frinted Wm&
C. Date al it
i _
D. dellvay atoms aunt ion Nora 12 I:I Vie
If YEA enter deihney mddrtees blast CI No
2. Article Number
S Benficelype
la Adult gran
Adult Signature Aselrictul Daisy
Coined Ian
Ce tleed MS Itnelttid Way
0 Wad on Wow
CI Collect on Dam Restiloted Mem
bi■.1 lykfi
RtOlted Danny
� ►
oRegliatind
oSignetureCadirmatbrive
CI Saran �os
Rentricted
7017 1450 0000 9674 5103
PS Form 3811, July 2020 PEN ` - -
I
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/22/2023
11:25:38 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.
Jn 1,0GV\wi cJ,
telSignature
ZZ)z3
Date
Property Owners Within 500 Feet of Parcel # 147718400002
Account
Parcel
Owner
Mailing Address
R1026302
147717000020
MUSGRAVE LEE A
31041 COUNTY ROAD 8
KEENESBURG, CO 806438300
R8941247
147717300002
COAN MICHAEL J
28242 COUNTY ROAD 10
KEENESBURG, CO 806439415
R8965124
147718400001
1.441-1
SCHREIBVOGEL MADLYNN S
R8965124
147718400001
147�Q�
I /'
SCHREIBVOGEL BRADY J
3295 COUNTY ROAD 63
KEENESBURG, CO 806438605
R8965125
147718400002
L 5
COAN MICHAEL J
28242 COUNTY ROAD 10
KEENESBURG, CO 806439415
R2496203
147718400029
ROSKOP CHRISTINA A
30935 COUNTY ROAD 8
KEENESBURG, CO 806438628
R8940352
147718400031
CONTRYMAN LEA
R8940352
147718400031
GOLDEN BAILEY
R8940352
147718400031
GUINN JORY
3461 COUNTY ROAD 63
KEENESBURG, CO 806438605
Parcels: 13
Owner Records: 21
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/22/2023
11:25:38 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.
Octn WAnlD) ,A,
Signature
(I/ -Et Z-3
Date
Property Owners Within 500 Feet of Parcel # 147718400002
Account
Parcel
Owner
Mailing Address
R8946536
147718400037
RITTIERODT CHERYL
R8946536
147718400037
RITTIERODT CHRISTOPHER L
30667 COUNTY ROAD 8
KEENESBURG, CO 806438628
R8946537
147718400038
COAN MICHAEL J
28242 COUNTY ROAD 10
KEENESBURG, CO 806439415
R6778437
147719100012
ZIKE JACQUELINE M
R6778437
147719100012
ZIKE PHILIP L
30886 COUNTY ROAD 8
KEENESBURG, CO 806438627
R6778438
147719100013
DODD LANELL A
R6778438
147719100013
DODD DAVIE W
30882 COUNTY ROAD 8
KEENESBURG, CO 806438627
R6778440
147719100014
DIAMOND AMBER K
R6778440
147719100014
DIAMOND MARCUS A
3143 LYNWOOD AVE
HIGHLANDS RANCH, CO 801268046
Parcels: 13
Owner Records: 21
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/22/2023
11:25:38 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.
cm 1,L\ ih.)I
Signature
27,47_, Date
Property Owners Within 500 Feet of Parcel # 147718400002
Account
Parcel
Owner
Mailing Address
R8943305
147719100019
COAN MICHAEL J
28242 COUNTY ROAD 10
KEENESBURG, CO 806439415
R1402102
147720200013
REINBOLD GARY MATTHEW
R1402102
147720200013
REINBOLD VINCINE
2952 COUNTY ROAD 63
KEENESBURG, CO 806438601
Parcels: 13
Owner Records: 21 Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/22/2023
11:25:38 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 # 147718400002
Parcels: 13
Owner Records: 21
Jan iA)11 u3; cit
Signature
Date
Page 4 of 4
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDMSION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED: (t- / l / c
AMOUNT: $ �' ��(" CASE # ASSIGNED: 1M -(1.";.:1K
APPLICATION RECEIVED BY: PLANNER ASSIGNED:
PLAT INFORMATION R ECX/ 9 -0(3C.
Title of plat to be vacated: LOT EJ Re E x t)Q 1477-18- 4- S J T / 1') R 4,3eJ
QComplete Vacation (must include all lots)
Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
1477184-00002_
Acreage Affected Easements
52.39
i"rcce SS C se.!'Jle+t�T5
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: /VI )Ct1dkEL Z • CoAN3
Company:
Phone #: 302 —704 —3490 Email: 8 cD VA )100. CO Pt
Street Address: 2 s Z4 Z C 2 / 0
City/State/Zip Code: ICee•N es 250,2,, co
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name:
Company:
Phone #: Email:
Street Address:
City/State/Zip Code:
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions
or subdivision exemptions.
eirciAJ TuLt.Z. 707-3
ignature: Owner dNgenf Date Signature: Owner or Authorized Agent Date
Owner or thorized Agent Dat ' Owner or Authorized Date
Alai- -EL Co kiJ
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
4!01008 Pages: 1 of 3
08/02/2023 10:14 CM R F..:$23.00 0 Faa:$0.00
Carly Kappa, Clark and Raoordar, Wald County , CO
VIII MIS.rNn6k�1�4�h1+L'kY�l��'�E'�'rw��f�+I���yYl� �I III
Prepared by:
Michael J Coan, 28242 County Road 10., Keenesburg Co. 80643
Parcel ID:
147718400002
Quitclaim Deed
THIS DEED is dated June 1, 2023 between:
Michael J Coan of 28242 County Road 10.,
Keenesburg Co. 80643,
( the "Grantor")
AND
Michael J Coan of 28242 County Road 10,
Keenesburg, CO 80643,
( the "Grantee")
WITNESS, that the Grantor, for and in consideration of the sum of $10.00, the receipt and
sufficiency of which is hereby acknowledged, remises, releases, and sells, as well as quitclaims,
unto the Grantee, his heirs and assigns forever all the right, title, interest, claim and demand
which the Grantor has in the real property, together with improvements, if any, situate, lying
and in the County of Weld of the State of Colorado, described as follows:
PT E2, SE4,18, 1N, R63W, Lot B, REC EXEMPT RECX19-0136
according to the recorded plat in the Office of the County Clerk and Recorder filed Febr. 5,
2020.
This property is also known by street number as TBD County Road 63, Keenesburg, Colorado
80643.
Assessor's schedule or parcel number: 147718400002.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges belonging on the property, or in anywise appertaining to the property, and all the
Page 1 of 3
Quitclaim Deed Page 2 of 3
estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the
only proper use and benefit of the Grantee, and the Grantee's heirs and assigns forever.
I, Michael J Coan of 28242 County Road 10., Keenesburg Co. 80643, in accordance with the
above Quitclaim Deed, and in consideration of the above sum and other good and valuable
consideration received, do hereby waive and release to the Grantee all rights of dower, curtesy,
homestead, community property, and all other right, title and interest, if any, in and to the above
property.
Michael J Coan
4901906 Paws 2 of 3
00/02/2023 10:14 AM R Fee:$23.00 2 Foe:$0.00
Carly Kappa , Clark and Recorder, Weld County . CO
uIII IIPATdM' iht'i IN W,IIyM"!M4Ir�Yi1'k 11111
Quitclaim Deed Page 3 of 3
Grantor Acknowledgement
STATE OF COLORADO
COUNTY OF VUeI. "—
The foregoing instrument was acknowledged before me, /lftJBir'l i4e- r f MID, this
AWL
rat day of SAL , ZOZ3 , by the Grantor, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacities, and that by his signatures on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
Witness my hand and official seal.
My commission expires Ob -.2/ - O 5r
otary Public, the State of Colorado
County of (0 " d / -
ANTOINETTE S FORMOLO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19914009164
MY COMMISSION EXPIRES JUNE 21, 2025
4801508 Pages: 3 of 3
00/02/2023 10:14 05 R Fm :S23.0o a F..:$0.00
Wrly Koppa�� Clark and Raoordar, Wld Counly CO
���� N railtNit IL IV ZAMAC'If{r uI III
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
[coD
nay]
Applicant:
Michael
J.
Coan
RECX19-0136
Planner:
Michael
Hall
Legal
Description:
Lot
18,
T1
B
of
N.
Recorded
R63W
of
the
Exemption
P.M.,
RECX14-0069;
Weld
County.
being a
CO
part of
the E2SE4
of
Section
6th
Parcel
ID
#:
1477-18-4-00-032
Lot
A Size:
+/- 5 acres
Lot
B Size:
+/- 53 acres
Water
Source:
Lot
Lot
A:
B:
Proposed
Proposed
Well
Well
Sewer System:
Lot
Lot
A:
B:
Proposed
Proposed
Septic
Septic
Yes No
X
Criteria Checklist
Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2 Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety. and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. If residences or structures requiring water and sewer are constructed or used for the proposed lots.
Weld County On -site Wastewater Treatment System (OWTS) Permits are required for septic
systems and shall be installed according to the Weld County OWTS Regulations.
The applicant has proposed a well as the source of adequate water for Lots A and 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.
RECX19-0136
Page 1 of 6
3. Prior to recording the plat:
A. The applicant shall address the concerns of the Public Works Referral dated November 14,
2019, relating to the proposed access location(s).
B. 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.
C. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by
Section 24-8-10.6 of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
D. 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.
4. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1477-18-4 RECX19-0136
B. A 30 foot wide joint access and utility easement extending across Lots A and B from County
Road 63, for the benefit of Lots A and B, shall be shown clearly on the plat. 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.
C. 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.
D. County Road 8 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.
E. County Road 63 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.
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.
RECX19-0136
Page 2 of 6
5. 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 2018 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) 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) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
8) 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.
9) 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.
10) The historical flow patterns and runoff amounts will be maintained on the site.
11) 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.
12) All structures requiring building permits shall be located within an area that has been
released from the CRP program. Evidence shall be submitted indicating land has
been released from the CRP program prior to the release of building permits.
13) 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.
RECX19-0136
Page 3 of 6
14) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A and B have an adequate water supply
of sufficient quality, quantity and dependability.
15) 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.
16) 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.
17) 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.
18) Recorded Exemptions on adjacent properties may raise the issue of compliance with
the intent of the Recorded Exemption Process. Approval of this Recorded Exemption
does not guarantee approval of future applications on adjacent properties.
19) 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.
20) 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.
21) 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.
22) 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
RECX19-0136
Page 4 of 6
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
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.
6. 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.
RECX19-0136
Page 5 of 6
7. 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.
8. 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.
9. 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: Date: 12/02/2019
Michael Hall, Planner II
RECX19-0136
Page 6 of 6
Hello