HomeMy WebLinkAbout20231215.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0010, OF TWO -LOT RECORDED
EXEMPTION, RECX16-0089, FOR REMOVAL OF LOT B - DENNIS AND
MARIE -CHRISTINE NEAL
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 July 4, 2016, the Department of Planning Services approved Two -Lot
Recorded Exemption, RECX16-0089, and
WHEREAS, the Board has received a request from the current property owner, Dennis
and Marie -Christine Neal, 7691 County Road 23, Fort Lupton, Colorado 80621, to vacate Lot B
of Recorded Exemption, RECX16-0089, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RECX16-0089; being
part of the NE1/4 of Section 26, Township 2 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 Dennis and Marie -Christine Neal, for Partial Vacation of
Two -Lot Recorded Exemption, RECX16-0089, 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.
4897565 Pages: 1 of 2 Cc PL(TV/MN/MN%APPL.
05/11/2023 11:00 AM R Fee:$0.00 OS /17/23
Carly Koppes, Clerk and Recorder, Weld County , CO
114C 11111
2023-1215
RECX16-0089
PARTIAL VACATION, VAC23-0010, OF TWO -LOT RECORDED EXEMPTION, RECX16-0089
FOR REMOVAL OF LOT B - DENNIS AND MARIE -CHRISTINE NEAL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W4ttit4„)jeln;ti
Weld County Clerk to the Board
BY:
AP
County Attorney
Date of signature: o5/o`ti/23
4897565 Pages: 2 of 2
05/11/2023 11:00 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County CO
VIII 1��tI4�1+r�11V�+i�'Ii�Ck II � IkL1l���'�I���YV •
M�-eman, Chair
Pro-Tem
Cott K. James
evin D. Ross
Lori Saine
2023-1215
RECX16-0089
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Nelson, Planner
Subject: Partial Vacation of Lot B of RECX16-0089
Hearing Date: May 1, 2023
Owners: Dennis and Marie -Christine Neal
Representative: Dennis Neal
Legal Description: Lot B of Recorded Exemption RECX16-0089; being a part of the NE4 of Section 26, T2N,
R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 18; West of and adjacent to County Road 23
Parcel Number: 1311-26-1-00-002
Total Parcel Size: +1- 110.47 acres Zone District A (Agricultural)
Summary:
The applicant requests to vacate Lot B of RECX16-0089, recorded September 28, 2016, reception
#4240689. This partial vacation of Lot B of RECX16-0089 would result in an approximately 110.47 acre
unplatted parcel.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-7-90. A of the Weld County Code, states in part: "A property owner may request a complete
vacation of an existing Family Farm Division."
Section 24-7-90 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 24-7-90. 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 24-7-90. B of the Weld County Code allows for complete vacations. The submitted vacation request
complies with this code section.
2023-1215
5� I
Vacation of Lot B RECX26-0089 I Neal
Page 1 of 2
-6qc I ti-i n t
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 24-7-90.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 RECX26-0089 I Neal
Page 2 of 2
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VACATION PLAT FOR LOT B. RECORDED EXEMPTION NO. 1311-26-1 RECX16-0089
Tow4Port of the t?ortheost 1/4 of Section 26,
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BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL
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RECORDED EXEMPTION NO. 1311-26-1 RECX16-0089
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Part of the Northeast 1/4 of Section 26,
Township 2 North. Ronqe 67 West of the 6th P.M.,
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EVE—
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: May 1, 2023
Time: 9:00 a.m.
Applicant:
Dennis and Marie -Christine Neal
7691 County Road 23
Fort Lupton, Colorado 80621
Request: Partial Vacation of Recorded Exemption, RECX16-0089, for Removal of Lot B
Legal Description: Lot B of Recorded Exemption, RECX16-0089; being part of the NE1/4 of
Section 26, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 18; west of and adjacent to County Road 23
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: April 19, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX16-0089
Owner
JAMES AND ROBIN BURGEN
DENNIS AND MARIE -CHRISTINE
NEAL
Address
7687 COUNTY ROAD 23
7691 COUNTY ROAD 23
City State Zip
FORT LUPTON CO 80621-8904
FORT LUPTON CO 80621-8904
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, RECX16-0089, in the United States
Mail, postage prepaid First Class Mail as listed above.
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Dated the 19th day of April, 2023.
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Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Servicee"
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
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❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic) $
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CERTIFIED MAIL° RECEIPT
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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) $
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❑ Adult Signature Restricted Delivery $
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/31/2023
10:39:07 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.
(iJ\ LOaL1
31 3 t z 3 Signature
Date
Property Owners Within 500 Feet of Parcel # 131126100002
Account
Parcel
Owner
Mailing Address
R5420286
131123000009
ANADARKO E&P COMPANY LP
ATTN: TRAVIS HOLLAND-APC PROPERTY
PO BOX 173779
DENVER, CO 802173779
R0289587
131123000010
PUBLIC SERVICE CO OF COLORADO
TAX SERVICE DEPARTMENT
PO BOX 1979
DENVER, CO 802011979
R5420786
131123000031
PLATTE VALLEY IRRIGATION CO
3400 W 16TH ST
GREELEY, CO 806346862
R0142594
131123000046
GRANER JESSE B & MARY JANE FAM TRST
B-2
R0142594
131123000046
GRANER STEVEN C
R0142594
131123000046
GRANER FAMILY TRUST
PO BOX 351237
LOS ANGELES, CA 900359637
M1071097
131123000046
GRANER J B
PO BOX 351237
LOS ANGELES, CA 900359637
M0259408
131123000046
GRANER JESSE B TRUSTEE OF TRUST B-1
PO BOX 351237
LOS ANGELES, CA 900359637
R5426686
131125000026
PLATTE VALLEY IRRIGATION CO
PO BOX 1318
GREELEY, CO 806321318
Parcels: 20
Owner Records: 29
Page 1 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/31/2023
10:39:07 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.
Clan, aA O } cL
3 / 31 123 Signature
Date
Properly Owners Within 500 Feet of Parcel # 131126100002
Account
Parcel
Owner
Mailing Address
R5426886
131125000036
STAMM MARY ELLEN
R5426886
131125000036
STAMM ROBERT L
11076 COUNTY ROAD 18
FORT LUPTON, CO 806218827
R5427186
131125000037
PLATTE VALLEY IRRIGATION CO
1007 9TH AVE
GREELEY, CO 80631
R0289687
131126000011
PUBLIC SERVICE CO OF COLO
TAX SERVICE DEPARTMENT
PO BOX 1979
DENVER, CO 802011979
R5429386
131126000029
PLATTE VALLEY IRRIGATION CO
PO BOX 1318
GREELEY, CO 806321318
R0381894
131126000030
ALLEN MARY
R0381894
131126000030
ALLEN N CHARLES
7668 COUNTY ROAD 21
FORT LUPTON, CO 806218925
R8947059
131126100001
6 414
BURGEN ROBIN
R8947059
131126100001
04- 4
1,04-14
W I
BURGEN JAMES
7687 COUNTY ROAD 23
FORT LUPTON, CO 806218904
Parcels: 20
Owner Records: 29
Page 2 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/31/2023
10:39:08 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.
(j,fl tJamwa,
51311-Z-3 Signature
Date
Property Owners Within 500 Feet of Parcel # 131126100002
Account
Parcel
Owner
Mailing Address
R8947060
131126100002
1_04- E3
NEAL MARIE -CHRISTINE M
R8947060
131126100002
tri 13
NEAL DENNIS W
7691 COUNTY ROAD 23
FORT LUPTON, CO 806218904
R6785811
131126100052
MARTINEZ YUSNIEL
7699 COUNTY ROAD 23
FORT LUPTON, CO 806218904
R6785812
131126100053
FARNER KATE T
R6785812
131126100053
FARNER SHAUN W
7695 COUNTY ROAD 23
FT LUPTON, CO 806218904
R6785813
131126100054
SCHLOSSER DEBRA K
R6785813
131126100054
SCHLOSSER SCOTT W
10624 COUNTY ROAD 18
FORT LUPTON, CO 80621
R8964262
131126200004
ANDERSON TERESA FAMILY TRUST
7878 COUNTY ROAD 21
FORT LUPTON, CO 806218925
R6779014
131126400044
BRADY SANDRA
Parcels: 20
Owner Records: 29
Page 3 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/31/2023
10:39:08 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.
va h t0CtAu5Zk
3 J 3 i/ z 3 Signature
Date
Property Owners Within 500 Feet of Parcel # 131126100002
Account
Parcel
Owner
Mailing Address
R6779014
131126400044
BRADY JAMES
7425 COUNTY ROAD 23
FORT LUPTON, CO 806218940
R6779015
131126400045
MADDEN ROCKY
955 N 5TH AVE
BRIGHTON, CO 806035100
Parcels: 20
Owner Records: 29 Page 4 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/31/2023
10:39:08 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 # 131126100002
Parcels: 20
Owner Records: 29
<�R,n kUaA
sic
3/ 3/)73
Signature
Date
Page 5 of 5
Print: Owner or Authorized Agent
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEM TIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED: <a l 3
AMOUNT: $ i U 0 o CASE # ASSIGNED: 6
APPLICATION RECEIVED BY e, PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Pori a ' +Le_ Nov 4h ems i \ ! y S 26 T a R�
[]Complete Vacation (must include all lots)
>'1
Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
B
R.E. 4 1311 -ate I
SEC XI 6 -00661
(3111- 2.coI o-000a
Acreage Affected Easements
1DVI
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: De—r`y t •S l�tJ. A + M0N 't e - CVtri_c-E-'t t1e- 1`Y1. ea.1
Company:
Phone #: 3 --715- 5-- 92`17 Email: neck e t s 59 3 \ co W\
Street Address: 76q I Co ' A rocka �3
City/State/Zip Code: R .+ v -* C1 6 O 6 `
i
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) ve read and agree to comply with the regulations for complete or partial vacation of recorded exemptions
or sub mptions. n 1
Za123 (9. cRbq 173
ignature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
^^IS 1/1). N eA , e - tr� r-�S ne CYl . /I�•
Print: Owner or Authorized Agent
4768618 10/22/2021 10:52 AM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes - Clerk and Recorder, Weld County , CO
QUITCLAIM DEED
THIS DEED, made this 20th day of October , 2021, between Dennis W. Neal and Marie -
Christine M. Neal , GRANTOR, whose legal address is 7691 WCR 23, Fort Lupton, CO 80621,
and between Dennis W. Neal and Marie -Christine M. Neal , GRANTEE, whose legal address
is 7691 WCR 23, Fort Lupton, CO 80621.
WITNESSETH, That Grantor, for and in consideration of the sum of Five Hundred Dollars
($500.00), and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, has remised, released, sold, and QUITCLAIMED, and by these presents
does remise, release, sell, and QUITCLAIM unto Grantee and Grantee's heirs, successors, and
assigns, forever, all the right, title, interest, claim, and demand which Grantor has in and to the
real property, together with improvements, if any, situate, lying, and being in the County of Weld
and State of Colorado, described as follows:
Lot B, Recorded Exemption No. 1311.26-1 RECX16-0089; Part of the Northeast'/. of Section
26, Township 2 North, Range 67 West of the 6'h P.M., County of Weld, State of Colorado
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use, benefit
and behoof of Grantee and Grantee's heirs, successors, and assigns forever. The singular number
shall include the plural, the plural the singular, and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF, Grantor has caused this deed to be executed on the date set forth above.
Signed this 20th day of October, 2021.
[Signature and Acknowledgment on following page.]
1 of 2
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Dennis and
Christine
Neal
RECX16-0089
Planner:
Kim Ogle
Le al
g
Descri
p
tion:
Lot
of
the
B of
6th
Recorded
P.M
,
Weld
Exemption
County,
CO
RECX13-0127
being a
part
of
the
NE4
of
Section
26, T2N,
R67W
Parcel
ID
#:
1311-26-1-00-055
Lot
A Size:
+/- 10
acres
Lot
B Size
+/- 110
acres
Water
Source:
Lot
Lot
A: Proposed
B: Well
# 300035
Well
Sewer System.
Lot
Lot
A.
B:
Proposed
SP
-1600060
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.
The applicant has proposed a well as the source of adequate water for Lot A. 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.
Dennis and Christine Neal
RECX16-0089
Page 1 of 6
3. Topographic or physical features of the proposed Lot A, 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
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 applicant shall address the requirements (concerns) of the Colorado Division of Water
Resources, as stated in the referral response dated June 7, 2016. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
B. The applicant shall attempt to address the requirements (concems) of the City of Fort Lupton,
as stated in the referral response dated June 21, 2016. 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 Fort Lupton Fire
Protection District, as stated in the referral response dated June 27, 2016. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
D. 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.
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 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.
G. 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. 1311-26-1 RECX16-0089
B. A 30ft minimum wide joint access and utility easement extending across Lot B from County
Road 23, for the benefit of Lots A and B. 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. All approved accesses shall be clearly shown on the plat and labeled with the approved
access permit number (AP16-00274). The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved road
access point.
D. County Roads 18 and 23 are designated on the Weld County Road Classification Plan as
collector roads, which require 80 feet of right-of-way at full build out. There is currently 60 -feet
of right-of-way. An additional 10 feet from the centerlines of County Roads 18 and 23 shall be
delineated on the plat as future County Road 18 and future County Road 23 right-of-way. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way
and this information shall be noted on the plat. All setbacks shall be measured from the edge
Dennis and Christine Neal
RECX16-0069
Page 2 of 6
of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These roads
are maintained by Weld County.
E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code.
F. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
6. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
* No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall
be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius
of any wellhead or within a twenty -five-foot radius of any plugged or abandoned oil and
gas well. Any construction within a two -hundred -foot radius of any tank battery or one -
hundred -fifty -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.
6) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A has an adequate water supply of sufficient
quality, quantity and dependability.
7) Potential purchasers should be aware that Lot A may not be eligible fora 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.
Dennis and Christine Neal
RECX16-0089
Page 3 of 6
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) Potential Purchasers are hereby notified that a confined animal feeding operation (SUP
62 — Turkey Farm) is located directly north and east of the intersection of County Roads
18 and 21. Off -site impacts that may be encountered include noise from trucks,
tractors and equipment; dust from animal pens and odors from animal confinement,
silage, and manure.
16) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel,
oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the state's commercial mineral deposits are essential to
the state's economy; (b) the populous counties of the state face a critical shortage of
such deposits; and (c) such deposits should be extracted according to a rational plan,
calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their geographical and
geophysical locations. Moreover, these resources are protected property rights and
mineral owners should be afforded the opportunity to extract the mineral resource.
17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with long-standing agricultural practices and a lower level of services
than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise
and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone
forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
Dennis and Christine Neal
RECX16-0089
Page 4 of 6
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to
be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs and livestock, and open burning present real threats.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood.
7. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County
Code. The applicant shall submit one (1) electronic copy or one (1) paper copy of the plat for
preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant
shall submit a Mylar plat along with all other documentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of
Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60)
days from the date the administrative review was signed. The applicant shall be responsible for
paying the recording fee.
8, In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Administrative Review was signed
a $50.00 recording continuance charge shall added for each additional 3 month period.
9. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maoslfco.weld.co.us.
Dennis and Christine Neal
RECX16-0089
Page 5 of 6
10. If the exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time, for good cause shown, upon a written
request by the applicant.
By:
Date: July 4, 2016
Dennis and Christine Neal
RECX18-0089
Page 6of6
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