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HomeMy WebLinkAbout20231650.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0034, OF FOUR -LOT RECORDED EXEMPTION, RECX18-0034, FOR REMOVAL OF LOT D - CANYON TRAIL FENCING, LLC, CIO CHRISTIAN PETERSHEIM •<„F..31 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 May 14, 2018, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX18-0034, and Q � � WHEREAS, the Board has received a request from the current property owner, Canyon ° �' Trail Fencing, LLC, do Christian Petersheim, 20651 County Road 96, Pierce, 7�N m Pierce, Colorado 80650, to vacate Lot D of Recorded Exemption, RECX18-0034, located on the �Qm following described real estate, to wit: 0 Lot D of Recorded Exemption, RECX18-0034; being part of the SE1/4 of Section 6, Township 8 North, ?-o Range 66 West of the 6th P.M., Weld County, Colorado MI 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: Imo Colorado 80650-0468, represented by Tyler Dreman, Atwell, LLC, 13013 County Road 86, 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 Canyon Trail Fencing, LLC, do Christian Petersheim, for Partial Vacation of Four -Lot Recorded Exemption, RECX18-0034, for removal of Lot D, be, and hereby is, approved, subject to the following condition: 1. As described in Sections 24-11-50.H and 24-11-50 I 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 -V &Pi psN/ES), APPI.. o -r % (93 2023-1650 RECX18-0034 PARTIAL VACATION, VAC23-0034, OF FOUR -LOT RECORDED EXEMPTION, RECX18-0034, FOR REMOVAL OF LOT D - CANYON TRAIL FENCING, LLC, C/O CHRISTIAN PETERSHEIM PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditAis) W 44.4242 Weld County Clerk to the Board O1 . (Jan td ' Deputy Clerk to the Board APPD AS County • torney Date of signature: 14 /2-3 if4-0 2.3 ink -3, 0 - eman, Chair Lori Saine 4907621 Pages: 2 of 2 07/06/2023 11:49 AM R Fee:$0.00 illiitiBliCilitikliillaiiAiliiniiiiikii ldCountyCO+�li ii h 11111 2023-1650 RECX18-0034 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Eric Sheley, Planner Subject: Partial Vacation of RECX18-0034 Hearing Date: June 12, 2023 Owners: Canyon Trail Fencing, LLC c/o Christian Petersheim Representative: Tyler Dreman, Atwell, LLC 13013 CR 86 Pierce, CO 80650 Legal Description: Lot D of Recorded Exemption RECX18-0034; being a part of the SE4 of Section 6, T8N, R66W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 27; North of and adjacent to County Road 96 Parcel Number 0553-06-4-00-014 Total Parcel Size: +/- 137.714 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot D, being the largest lot of the Four -Lot Recorded Exemption RECX18- 0034, recorded June 27, 2018, reception #4410788. This partial vacation of Lot D of RECX18-0034 would result in an approximately 137.714 acre unplatted parcel. Lot A, Lot B, and Lot C of RECX18-0034 are 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. 2023-1650 Vacation of Lot D of RECX18-0034 I Canyon Trail Fencing, LLC ---FiC7C I g f DEB4 Page 1 of 2 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 a18-0034nd Recorder. Vacation of Lot D of RECX18-0034 I Canyon Trail Fencing, LLC Page 2 of 2 To whom it may concern, I am applying for a Plat Vacation on behalf of my client, Canyon Trail Fencing, to remove parcel no. 055306400014 also known as Lot D of Recorded Exemption No. 0553-06-4 RECX18-0034. We have submitted the application and all supporting documentation, including the draft plat. We humbly request that the application be reviewed, and please reach out if there is anything else needed to complete the vacation. Thank you, Tyler Dreman, PLS TSD Surveying VACATION PLAT OF LOT D, RECORDED EXEMPTION NO. 0553-06-4 RECX18-0034 LOCATED IN THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP BN SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD, STATE OF COLORADO LEGAL DESCRIPTION TO RE VACATED OT D. RELORDEO ENENPTIDN N0. 055]- 6-e RFC%tB-DD a CLDROIUG i0 ME PL T RECOROEO AINE 2>. 20i0 UNDER RECEPTION x0. 1110)88. BEING PART OF THE SOUTHEAST 1/1 Of SECTION 6. TOWNSHIP B NDRIH, RANGE 66 WEST OF HE 61n P.M., COUNir OE WELD, STATE OE COLORADO. IFS.M DESCRIPTION AFTER VACATION BEING PART OE TM F7= Sr 1/1 OF SELDOM 6, ipwu5HIP B NOR1N, RANGE 66 WEST Of THE 61H P.Y., CWNIv Of MELD. STAt[ O< COLORADO, NAVE PARTICULARLY Of5CRIBED AS FOLLOWS: COUYENCING AT T. SOUHEAST CORNER Of SAID SECTON 6, ALSO BEING THE POINT OF BEGIUNING: [NCE ALONG THE SWH uNE OF ME SWHEASi t/1 a SAID SECTION 6 uORTN 08'SH'J6' WEST A DISTANCE OF 18_005. 5Dp,H WEST A DISTANCE Df iH 09']5']J' fA51 A pI51ANCE 0< 480.00 FEET TO ON b: t Off5A1D SEpo NN 6 WTH DO'1 ) . E. 1 A DISTANCE Of il11 6 A D NE OFSBE GINNING, DRE OR E55 SURVEYOR'S NOTES JUNE 2),rC: uTIV17O1410NANOL0,1t0)08 RELDROEO E%EMPLIDN N0. 055J -O6-1 REC..... ftECORDEO Ou ATwELL RELIED UPON BEARINGS AND DI E%EMPTION x0. O55}06-1 REC%10-0031 RELOROEO ON JUNE 1). 1018 uNDER RECEP110N u0. 1110)88 i OR ACCE FMOVE OuD5A CLASS CES () NISOC'T ANOR PURSUANT�UYENTT OR TA NC 1a-♦-so0. c�suEx sspar rw0 To sin n ARE BASSO ON THE SW IH LINE OE THE SWlnEA5T t,1 OF SECTIpN 6, TOWNSHIP a NOR H. HUGE 66 WE SRI OE THE 61 SAID FINE BEARING NIXIH 80 NE $XOWN uONUMEU TSr ONRHIS SuavEY, ANO w1N ALL OHER BEARIxC5 CONTAINED HEREIN RELATiFr 11AiFRE TO. T AR OSTAHCE5 5HOWN HEREON ARE IN u.5. SURVEv ;EFT. M� DING TD COLptA00 LAW v0U YUSi COuuEUCE ANY LEGAL ACTION BASED UPON ANv AFFECT IN TH RCS YEARS AFTER YOu fIft51 DISCOVERED SUCH DEfEL i. x x0 fvENl 4Av ANY AC 110N BASED UPON IANY OEfECµr BEN COMMENCED MgEF THAN TEN YEARS FROM HF GATE DF CERTIfICAIION SnONN HERf ON. PROPERTY OWNERS CERTIFICATE (wE), THE uR RE GN OLE DxNER(s) lu FEE of CANYON TRAIL FENCING. LLC CHRIS PCTERSNEIx XiEGgNG CERlIf1CA601 uu15510N ':05 ES s ur HAND D sfu RO ER CRIB ED AxD SHOWN HEREON, BY ANO OER wEDOCW^1Y l0 EXIST NG OF-WAr ARE NOT TH15__DAY COLIC W'INESLMY HANDAT IS APPROVED BY THE BOPRO Of L AND THE CORPORATE SEAL Of WfLO COUNT CHAIR, BOARD Of COUNTY CONNIS510NER5 ATTEST'. BY WELD COUNTY CLERK 10 THE BOARD Or., CLEF% TO THE BOARD CT o couNTY, STATE OF COLORA00. DATE CEuiER pUAR TER CIXiNER se. 1BN. RBBw FAST QUARTER CORNER 56, iBV 2 1/2' AIUMINUu CAP ON 2 t/2' ALUMINUx CAP ON N0. 8 RE605, STAMPED 286te NO. 6 REBAR N B9,=1, E. 1599.60' $TAN PfD LOr A I NED1 IA PARJI ]0` gCCE55 EASEMENT J LDl I) LO15 A. B. C. NO O ZEd.�B�0031 NOiI A PrA JI A RECEPTION 0.1410]86 LOT CO NOT A PART I � I .0 8935'33' coo CSWH DUARIER CDR ER 56, TBu, R66w ] Aup AwulNuu cAv ON No. 6 REBAR 51 ED 1pB56 %NW T°, CERTIFICATE 1YLER OREMAN. A SURVEr REPRESS NTEOrBF EPRESEN TAi10N PUICABLER RULES, REGULATI BO NLBASS Of ".;"""A: STCTIOu CORNER 56. TBu, R66w ALUMINUM CAP 05TH OPEO 16051 RESSIWpNA ULAND SURVEY R IN THE 5 ATE W COLIXtADO. OA NERSBY CERiSIfr LA FLIP HER CER IfDER nAi HESSURKYUANDW HIS PLA� COMPLYHWITH ALL A iD LAws E0F TEE RSTAlVED op caoagoo, s re .SIONaL Glu A ROFESSIONAL LAND SURVfrDR5. AND WELD CWNTY. TTLER ORENAN, PL5, ]0)29 DATE 200' SCALE: 1 = 200' LEGEND UBJECI PARCCL BOUNpARv LINE ufsEME LNI L NE. As Nolm - LINE SECTION CORNER, AS NOTFO w 4 VACATION PLAT APRIL 2025 5D na. 150 P.M T5D 10Ip0001 WELD COUNTY NOTES' +u) I EGAr, Dsrr572,Nn — „. BNIFAIII1dH1'NCAMAIDI1111K11 N111III B1H RM.. CWHIvhCf (M:LO�S���OF LW6MA00. IP B xORIH, R,WGF 66 A£6T P +HE LOrAL AREA. CONTAINS 6,]31.98] 50. FT. OR 15{.515 ACRES. MORE OR LESS. RECORDED EXEMPTION No. 0553-06-4 RECX18-0034 BEING THE SOUTHEAST QUARTER OF SECTION , TOWNSHIP : NORTH, RANGE 66 WEST OF THE 6TH PM. COUNTY OF WED, STATE OF COLORADO N t/1 sfc�oN e _y A'6 REBM iH 2.5' ALUMINVu CAP LS 16151 CONFIXtMs MM MONUMEni RECORD 9/3/99 665+9' OBOR REOJ5Cp N JWNER N14E: P aau.L,. RE�J500 nR FLua uA✓ C t/{ 5ECnON a Y6 REBAR MTH 2.5' ALUMINUM CAP L5 23500 CONFORMS MIN MONUMENT RECORD 3/30/06 cs t/te sEmnoN a CONFORMR rH µ.25' ALUM NUM CA 5 O62 5 MM ONUMENr RECOROP]/St/ s t/{ s6cnaN e w+roRMs xtiH uavuweruir�IgccoROP>`//�+%osss db REBAR MM 2, 5' ALUMINUM tCAP�l5T1651 CONFORM9 MTN MONUMENT RECORp 9/1/89 SE 14 SE6 TBN, R66W, 6TH CTION P.M. nor o +J6. ++6 ACRES (NEn '8 d6OF`BAR vnWTH zs- ALuu x/µfie penad6 9s DBMS H MONUMENT RECORD 9/3/99 BO sE coRNER sfcnaN e CONFORMS MlH2HorvUUENi RELOFD )/3+/+� BA818 OF BEARINGS NBB'59'36'W - _ SURVEYORS NOTE$ ZaF fiEARINcs: N7,%V6'W 1AssroV ALorvc rHE saun, uNE aF rHE sue.lEcr ROPERTY. MONUMENIED a5 SHOWN HEREON. 1) ME PURPOSE OF iHl9 E%EMPIION SURI£v IS i0 CREATE FWR SEPARATE PROPERTIES FROM ONE PROPERiT. 3) FLR000 INFORMgrION. A PORnON OF LOi A IS LOCATED iN 20NE 'q" (SPECIAL F100D HAZARD A EA 9u0JECi i0 INUNOAnON BV THE tR ANNUAL CHANCE FLOCD - MTH NO BASE iL0p0 EIEVAnON5 DETERMINEp), a5 SHOMi ql ME FLMA iL00p In5URANCE RA1F MaP, MAP rvUMBER OBt2JC906E EFFECnvE PATE �ANUARv �n fCDR0ER5 FOR S.,. b NO 57 uPONENvcofrzciolH° cs wa+°,E°T LAW rou uusr coMMErvcE ANT LEcu Acnwr BAsfD DEFECT. IN nW0 EKNLHMAT ANT ACnONI Bi EE pEUPOvOgNTE CFECWi HM+SBSUP�r BF W COMMENCED M E HAn TEN vEAR5 FRpA AlE OE THE CERnFICAnON BHO HEREON. OWNER AATHLE, ,. ILRNER SURVEYORS aT1Fr iTA•• vlcml7. MAP R N0. 98 NORTH N0, 96 2 I I� WRY OR, :CZ GRIBL ROAM DEPARTMENT OF PUNNING SERVICES CERTIFICATE' zmuM! r`or2—"::1:0- /41, ,«N O/••TA¢Cs c�Ac%NMwcMcm �A.o�zo/B. ORNERSRIP CERTIFICATE• EASEMENT CERTIFICATE: EHRHART LAND SURVEYING 1 OF 1 DRAWN BY: LF 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: June 12, 2023 Time: 9:00 a.m. Applicant: Canyon Trail Fencing, LLC c/o Christian Petersheim 20651 County Road 96 Pierce, Colorado 80650 Request: Partial Vacation, VAC23-0034, of Four -Lot Recorded Exemption, RECX18-0034, for Removal of Lot D Legal Description: Lot D of Recorded Exemption, RECX18-0034; being part of the SE1/4 of Section 6, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 27; north of and adjacent to County Road 96 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: May 31, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX18-0034 CX 18-0034 Owner GREGG NEWBY RANDY AND CHERISH KAHLER COURTNEY AND DAYMION CLEMENT CANYON TRAIL FENCING, LLC C/O CHRISTIAN PETERSHEIM ATTN: TYLER DREMAN ATWELL, LLC Address 47399 COUNTY ROAD 27 P.O. BOX 73 47387 COUNTY ROAD 27 P.O. BOX 468 13013 COUNTY ROAD 86 City N UNN N UNN N UNN PIERCE PIERCE State Zip CO 80648-9716 CO 80648-0073 CO CO CO 80648-9716 80650-0468 80650 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, RECX18-0034, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 31st day of May, 2023. jai\ (A)Ctil 1 Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service"" CERTIFIED MAIL° RECEIPT L rH tO Domestic Mail Only a O O H Ps For delivery information, visit our website at www.usps.com Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) O Return Receipt (hardcopy) ❑ Return Receipt (electronic) Certified Mail Restricted Delivery O Adult Signature Required ❑ Adult Signature Restricted Delivery $ $ Postage Total Postage and Fees Sent To -Street a City, St 5)31 Postmark Here R'1 od Zfl v PS Form 3800, April 2015 PSN 7530-02-000-9047 -a U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . Fi rats 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 PS Form 3800, April 2015 PSN 7530-02-000-9047 U1 513i Postmark Here co a) CO cn (I) C L- c, • t < Q ❑ ❑ 0 S, a) 0 >c ❑ ❑ M a) o o2 C -O 112 73 al 2 13) 'D MI a) a,c O w >- (1) ❑O❑ DO o d) 0) CC co I a. as a, a —C( OCCCCs ra- rn rn -o 0 0 aSasstEE�'wf (/)-0v10 0 aa)) o o <<OOOO t ri❑❑A❑❑❑E a" a) ≥ aN o a) > -o "0 O a) 13 cti cu N T E a 0 U • a) co ED - 0 0 0 O "2 U i C) co O U) U a) 0 E 'a- co .c cn 4-1 U Q U i U a 4�- O stu 0 C d 9590 9402 6749 1074 1333 82 Ri U- N U - III Ell r1 1 N Domestic Return Rece, PS Form 3811, July 2020 PSN 7530-02-000-9053 P-- U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'd. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) Certified Mail Restricted Delivery O Adult Signature Required $ E] Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ 5131 Postmark Here ar►d rn%t n CLtIiLtAk fy l, or i3ox ;o. City S ZIP+4* n f l LIS -qq1 PS Form 3800, April 2015 PSN 7530-02-000.9047 I NOTICE Pursuant to the zoning laws of the hearing will be held in the Chambers of t Colorado, Weld County Administration E 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 exa Commissioners, Weld County Administrat Email messages sent to an individual Cc ensure inclusion of your email corresu egesick@weld.gov. Date: June 12, 2023 Time: 9:00 a.m. Applicant: Canyon Trail Fencing, LLC c/o Christian Petersheim 20651 County Road 96 Pierce, Colorado 80650 Request: Partial Vacation, VAC23-0034 Removal of Lot D Legal Description: Lot D of Recorded Section 6, Township 8 North, Range 66 Location: West of and adjacent to Coun (see Legal Description for precise locatio Board of County Commissioners Weld County, Colorado Dated: May 31, 2023 W 2 w E a 4 W d CO CL U) ON 3206 `o kill 0 C CO 'r o 0 _NO N O O O W I n I I U] C 0 0 O rR 1 0 N 0 ce Q O m ww 03 w�0 w 0Ow WCmw 0 It O r- CD N O Q O0 cc OC m�� z« z oo �D o o O c z W Z D O 4t- Z 1.11 c:: If LL.. 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In accordance with the Americas required in order for you to participate Office at (970) 400-4225, prior to the da° The complete case file may be e Commissioners, Weld County Administr, Email messages sent to an individual L ensure inclusion of your email corre. egesick@weld.gov. • Date: June 12, 2023 Time: 9:00 a.m. Applicant: Canyon Trail Fencing, LLC c/o Christian Petersheim 20651 County Road 96 Pierce, Colorado 80650 Request: Partial Vacation, VAC23-003 Removal of Lot D Legal Description: Lot D of Recorded Section 6, Township 8 North, Range 66 Location: West of and adjacent to Cou (see Legal Description for precise locatio Board of County Commissioners Weld County, Colorado Dated: May 31, 2023 111 o oIli Q 00 cr,-, IIo� I0 I 1 to 2c, rijs r; r N co O t\ QOM a. o a n 0 O "I, n- No ~' rioo u a 0 oc a 0 m wF-- _ w 0 I- 1 CO O w OO wm LLc w Ur-aO co N- O co O co N c'r I44 SH KAHLER w I CD U co w Z O cx 6 >-o nmz z • oo Q (ynZ An ri ui XI '-a S v .j.t. u;ts,1a.'t4:'^•. i cc ill C ar na. t+'1 IL h aI. 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Y ::t Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) O Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) El Certified Mail Restricted Delivery El Adult Signature Required O Adult Signature Restricted Delivery $ Postage Total d2bfltbfl stage and Fees $ tvml fll Song D PS Form 3800, April 2015 PSN 7530-02-000-9047 a) a) C a) < Q D❑ ai C) ecTs 4.0 O ..Q 4-3 0 U 0) U Ct N — > Z ID 13 00 E .O 2 u) s'aC RS al Q) a) 13 1O (CS ,a) >, C a) co'ca 5)3� c v) E -- cs 3 r 0 Q a o -s3 � \\".. 92 -O . . ‘a (in C) CD CC • N v 42 2 !•:- 22 • 0 0 X11'. Postmark Here I- O 0 03 03, 00I D L 2 2 Q) - U • N N ( fd ttS O Q) � t m eoil cr. lY=Urnwa DOD ❑❑ 0 0 C) =taro. Q) cc 0, a) a) v) c C 2 nC c rn 0 0 U (A (n ssi'a< < U O Ucei 0 ENO 0 O E U _ • t3/4, to 9590 9402 6749 1074 1331 84 -Q U co E 0 eel a) is to c0 is -13 U- 0 I] S 0 is rR N CI N Domestic Return Receipt to 0 rn 0 0 0 O to CL O r CO co LLL 0 is ED m is N me 0 a 0 0 r -1 0 U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com `). FACIA 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 $: 1 c r- Dre- Sent7i i ► fl 4-wtif Street a d ADp t N et+ or 9O Box No. PS Form 3800, April 2015 PSN 7530-02-000-9047 5 an Postmark Here NOTICE Pursuant to the zoning laws of the S' hearing will be held in the Chambers of th Colorado, Weld County Administration Bi Colorado 80631, at the time specified. If a court reporter is desired, please days prior to the hearing. The cost of engar party. In accordance with the Americans required in order for you to participate in V Office at (970) 400-4225, prior to the day of The complete case file may be exan Commissioners. Weld County Administratic Email messages sent to an individual Con ensure inclusion of your email correspc egesick@weld.gov. Date: June 12, 2023 Time: 9:00 a.m. Applicant: Canyon Trail Fencing, LLC c/o Christian Petersheim 20651 County Road 96 Pierce, Colorado 80650 Request: Partial Vacation, VAC23-0034, Removal of Lot D Legal Description: Lot D of Recorded E: Section 6, Township 8 North, Range 66 W Location: West of and adjacent to Count: (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: May 31, 2023 Q en ON N 00 O OQ 40) N. CO in o CO CO v O O a' N N O O a-� a act 0 ww �w�O OE- } O W 0 O m w rif) CC CL CD 80632-0758 c0 N II MI U, rR Ji N U� J Ll_l CD _ � U W zi Iw w J z Q Q co 00 U z n' X 0=oU �D al Z U QOOw U U Q_ a. • a tots be .. S'S ,.. :C it. , :C !ll It. 4 3: tCI L.• CI: CI "I Is ;;oU.i i a; •I •.1.., •.r 02_02, •. MP, .•: ••_•s •41.02, .e.OM ... .•po. .t, —•• •a—., ••t •.— .rt ..a • ale •. ,•— •'S .r • ISO NISI II • •..H. ••• •., sift •■ ••• glee IS •I!•it •.• ' SS •I.., N, . I, • al la.. .1.., ..••••. 0202... •.... ,. •515 •_.' flair* • S•. •15 II MOOS 'C,. S • QM. .lit • ea ... • S. •H .•a •N •..••• • _,. • ▪ RIP rani • e•— WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/10/2023 3:32:47 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. CID') 1,t)C4 WI W 6'612_3 Signature Date Property Owners Within 500 Feet of Parcel # 055306400014 Account Parcel Owner Mailing Address R3312305 055305200001 NORDHAUSEN SOPHIA L ET AL C/O KAREN CHRISTNER 1500 E 11TH ST APT 102 MC COOK, NE 690013491 R8956317 055305400021 PURSLEY J ANNE R8956317 055305400021 PURSLEY CHRIS 72852 338TH AVENUE ENDERS, NE 690272722 R0629486 055306000001 WHITETAIL FARMS LLC 10829 RIST CANYON RD BELLVUE, CO 805126205 R4158806 055306100007 PADILLA RONDA B R4158806 055306100007 PADILLA NIGEL P 15331 COUNTY ROAD 90 PIERCE, CO 806509703 R4158906 055306100008 PADILLA RONDA B R4158906 055306100008 PADILLA NIGEL P 15331 COUNTY ROAD 90 PIERCE, CO 806509703 R8962482 055306300016 LEHMAN HOLLY L Parcels: 13 Owner Records: 21 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/10/2023 3:32:47 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. UCIAA latAUJ 1 CI, 51 10123 Signature Date Property Owners Within 500 Feet of Parcel # 055306400014 Account Parcel Owner Mailing Address R8962482 055306300016 LEHMAN JOSHUA A 12439 COUNTY ROAD 96 NUNN, CO 806489707 R8962483 055306300017 LEHMAN HOLLY L R8962483 055306300017 LEHMAN JOSHUA A 12439 COUNTY ROAD 96 NUNN, CO 806489707 R8955126 055306400011 NEWBY GREGG K Lb4^ N 47399 COUNTY ROAD 27 NUNN, CO 806489716 R8955127 055306400012 KAHLER CHERISH W4- 13 R8955127 055306400012 L KAHLER RANDY PO BOX 73 v"7 NUNN, CO 806480073 R8955128 055306400013 CLEMENT DAYMION J 00 R8955128 055306400013 CLEMENT COURTNEY S 47387 COUNTY ROAD 27 I.O4" C, NUNN, CO 806489716 R8955129 055306400014 CANYON TRAIL FENCING LLC PO BOX 468 1,6-1--'J PIERCE, CO 806500468 Parcels: 13 Owner Records: 21 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/10/2023 3:32:47 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. ict I,I�Mu��cJc. 51 Z3 t D Signature � Date Property Owners Within 500 Feet of Parcel # 055306400014 Account Parcel Owner Mailing Address R0629986 055307000003 TURNER KATHLEEN K R0629986 055307000003 TURNER JAMES T 800 HAWKSTONE DR UNIT 10 EATON, CO 806159034 R0899101 055308000011 WILD BASIN RANCH LLC C/O KEVIN MOERSCH/LAURA LEHSTEN 42875 COUNTY ROAD 29 PIERCE, CO 806509301 Parcels: 13 Owner Records: 21 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/10/2023 3:32:47 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 055306400014 Parcels: 13 Owner Records: 21 Ciain lion ki ciCJ Signature Date Page 4 of 4 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: AMOUNT: $ CASE # ASSIGNED: APPLICATION RECEIVED BY: PLANNER ASSIGNED: VprCz3 - b b 3 4 _ PLAT INFORMATION Title of plat to be vacated: RECORDED EXEMPTION NO. 0553-06-4 RECX18-0034 5 6 T8N R66W 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 D 055306400014 137.714 NONE Acreage Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: CHRISTIAN PETERSHEIM Company: Phone #: (970) 566-8376 Email: CTFBARNS@YAHOO.COM Street Address: 20651 COUNTY ROAD 96 City/State/Zip Code: PIERCE, CO, 80650 APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: TYLER DREMAN Company: ATWELL,LLC Phone #: (970) 590-2197 Email: TDREMAN@ATWELL-GROUP.COM Street Address: 13013 COUNTY ROAD 86 City/State/Zip Code: PIERCE, CO, 80650 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. 4/25/23 Signat : Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date TYLER DREMAN Pint Owner or Authorized Agent Pint: Owner or Authorized Agent Subdivision Name: N/A Property Owners Information: 20651 COUNTY ROAD 96, PIERCE CO, 80650 Address: DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM I, (We), CHRISTIAN PETERSHEIM , give permission to TYLER DREMAN (Owner— please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 055306400014 LOT D RECX18-0034 Legal Description: of Section 6 , Township8 N, Range66 W Lot" Block N/A Phone: (970) 566-8376 E-mail: CTFBARNS@YAHOO.COM Authorized Agent/Applicant Contact Information: 13013 COUNTY ROAD 86, PIERCE CO, 80650 Address: Phone: (970) 590-2197 TDREMAN@ATWELL-GROUP.COM E -Mail: Correspondence to be sent to: Owner EL Authorized Agent/Applicant by: Mail Email Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Date Date Owner Signature Owner Signature Subscribed and sworn to before me this My commission expires day of , 20 by Notary Public STATEMENT OF AUTHORITY Order No.: CS0606577S 1. This Statement of Authority relates to an entity' named Canyon Trail Fencins LLC, a Colorado Limited Liability Company, and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: ❑ Corporation O Registered Limited Liability Partnership ❑ Nonprofit Corporation O Registered Limited Liability Limited Partnership 0 Limited Liability Company O Limited Partnership Association ❑ General Partnership O Government or Governmental Subdivision or Agency ❑ Limited Partnership O Trust 3. The entity is formed under the laws of Colorado. p /� ,...,�yy 4. The mailing address for the entity is ,.57 �/� �!� e?/ -c- KU e �Q ‘.3-(1 5- The 0 name 0 position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Chris Petershiem, Owner. 6. .The authority of the foregoing person(s) to bind the entity is ❑ not limited ❑ limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: IN WITNESS WHEREOF, the undersigned have executed this document on the dates) set forth below. Canyon Trail Fencing LLC, a Colorado Limited Liability Company BY: Chris Petershiem Owner State of Colorado };s CountyofLl''�h( The f afgoing instrument was acknowledged before me this 18th day of April, 2023 by Chris Petershiem, wner, on behalpf Can on Trail -Fencing LLC, a Colorado Limited LiabilityCompany, a Limited Liability Company and ackn¢,wledge to mq that he/she executed the same. lotanPublic My Commission Expires: (SEAL) NICOLE SC'iAEFER N :i'z ry Public of Colorado Notary ION 19984000221 My,,,r ,,,: on Exiddes 01-052026 'This form should not be used unless the entity is capable of holding title to real property. .The absence of any limitation shall be prima facie evidence that no such limitation exists. The statement of authority not be recorded to obtain the benefits of the statute. Statement or Authority (Legal) COD1327.doc / Updated: 03.09.23 Page 1 Instructions: Please print this document for your records. MyBizColorado COLORADO DEPT OF LABOR AND EMPLOYMENT Your UI Account Number and UI Premium Combined Rate are provided below. Please note that the rate information provided in this document assumes your Qualifying Date for liability is in the current calendar year, and that this rate information is subject to change upon review of your industry classification. For more details on UI premium rates for new employers, please visit our Employer Premium Rates web page by going to www.colorado.gov/cdle/ui; click on Businesses & Employers; then click on Information; then click on Employer Premium Rates. Account Activation Your account will be available for further online processing within one or two days, depending on the day and time of your online registration. Your information enters into our system through a batch process that runs each weeknight, except holidays. Colorado Workers' Compensation Act. The Colorado Workers' Compensation Act requires all public and private employers in Colorado, with limited exceptions, to carry workers' compensation coverage for their employees. If you have not already done so, please contact your insurance agent to secure workers' compensation insurance. If you have any questions concerning workers' compensation, please contact our Customer Service Unit at 303-318-8700. Feedback We appreciate your comments. E-mail us at employer.services@state.co.us. Filing Information Your filing information is as follows: Date: 11/26/18 Business Name: Canyon Trail Fencing, LLC Address: 20651 County Road 96\n\nPierce, Colorado 80650-9600 UI Account Number: UI Premium Base Rate: UI Bond Principal Rate: 930081.00-5 0.02470 0.00000 UI Premium Combined Rate: 0.02470 Websites State of Colorado: www.colorado.gov Colorado Department of Labor and Employment: www.colorado.gov/cdle MyBizColorado PDF Receipt Instructions: Please print this document for your records. MyBizColorado COLORADO DEPT OF REVENUE Thank you for registering with the Colorado Department of Revenue! Your electronic application has been received. You will receive your Sales Tax License and/or Wage Withholding information in the mail in the next 10 business days. You may use this receipt as a temporary Sales Tax License in the interim. Filing Information Your filing information is as follows Date: 11/26/18 Name: Canyon Trail Fencing, LLC Address: 20651 County Road 96\n\nPierce, Colorado 80650-9600 Sales Tax Account Number: N/A Sales Tax Filing Frequency: N/A Wage Withholding Account Number: 04222058 Wage Withholding Filing Frequency: Monthly ($7,000 to $49,000/year) Websites State of Colorado: www.colorado.gov Colorado Department of Revenue: www.colorado.gov/revenue Colorado Department of Revenue Online Customer Support Site: revenuestateco.custhelp.com File and pay your sales tax online: www.colorado.gov/RevenueOnline Register to pay by EFT: www.colorado.gov/revenue/eft Please wait 2-3 business days while we validate your registration before attempting to access your account in Revenue Online. You will receive your license(s) in the mail within 10 business days. If you do not already have access to Revenue Online, you may use information from that letter to sign-up. MyBizColorado PDF Receipt 4893216 04/19/2023 08:06 AM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $42.50 Carly Koppes - Clerk and Recorder, Weld County , CO 0Order No.: 598-CS0606577-152 Doc Fee: $42.50 GENERAL WARRANTY DEED THIS DEED, Made this 18th day of April, 2023, between KW Nunn LLC grantor, and Canyon Trail Fencing LLC, a Colorado Limited Liability Company, as Tenant in Severalty whose legal address is 0 TBD County Road 27, Nunn, CO 80648, grantees: WITNESS, That the grantor, for and in consideration of the sum of Four Hundred Twenty -Five Thousand And No/100 Dollars ($425,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO, described as follows: Lot D, Recorded Exemption No. 0553-06-4 RECX18-0034, being the Southeast Quarter (SE1/4) of Section 6, Township 8 North, Range 66 West of the 6th P.M., recorded June 27, 2018 at Reception No. 4410788, County of Weld, State of Colorado. also known by street and number as 0 TBD County Road 27, Nunn, CO 80648 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for themselves, their heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien but not yet due and payable, subject to statutory exceptions as defined in CRS 38-30-113, revised. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 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, the grantor has executed this deed on the date set forth above. GRANTOR: KW Nunn LLC BY: — Eric Whitehead Manager/Member Deetl (General Warranty - legal) C001295.tloc ! Updated: 9.29.22 Page 1 4893216 04/19/2023 08:06 AM Page 2 of 2 GENERAL WARRANTY DEED (continued) State of Colorado } }ss County of Larimer } The fore ®ing instrument was acknowledged before me this 18th day of April, 2023 by Eric Whitehead, Manager Member, o behalf of KW Nunn LLC, Limited Liability Company and acknowledged to me that he/she xecut t same. Notary Public ,I6y Commission Expires: (SEAL) Deed (General Warranty- Lgal) COD1295.doc! Updated: 0.29.22 ti �.¢ary Public i Cola"acid es 0 i1 i "193P,.OOpZ2t J Page 2 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Eric Whitehead RECX18-0034 Planner: Michael Hall Legal Description: Being a part of the SE4 of Section 6, T8N. R66W of the 6th P.M., Weld County, CO Parcel ID #: 0553-06-0-00-010 Lot A Size: +/- 5.3 acres Lot B Size: +/- 5.3 acres Lot C Size: +/- 5.3 acres Lot D Size: +/- 137.1 acres Water Source: Lot Lot Lot Lot A: B: C: D: Proposed Proposed Proposed Proposed Well Well Well Well Sewer System: Lot Lot Lot Lot A: B: C: D: Proposed Proposed Proposed Proposed Septic Septic Septic Septic 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 Lots A B. C & D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. RECX18-0034 Page 1 of 6 3. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 4. Prior to recording the plat: A. The applicant shall attempt to address the requirements (concerns) of the Colorado Division of Water Resources as stated in the referral response dated 03/22/2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. The applicant shall address the requirements of Weld County School District RE -9, as stated in the referral response dated 03/28/2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0553-06-4 RECX18-0034 B. A 30 foot wide joint access and utility easement extending across Lot D from County Road 27, for the benefit of Lots A, B, C and D 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 preliminarily approved access point(s) and the usage types. D. County Road 27 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. E. County Road 96 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. F. Show the floodplain and floodway (if applicable) boundaries on the plat. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number and/or appropriate study. G. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. RECX18-0034 Page 2 of 6 H. 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, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner shall control noxious weeds on the site. 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. RECX18-0034 Page 3 of 6 13) A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -0908E, 0925E, and 0920E dated January 20, 2016 (Unnamed Stream floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 14) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 15) The installation of any septic system within the 100 -year flood plain shall comply with the Weld County O.W.T.S. flood plain policy. In accordance with the State of Colorado O.W.T. S. Regulations, no septic system shall be installed within the floodway. 16) 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. 17) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot Lots A, B, C and D have an adequate water supply of sufficient quality, quantity and dependability. 18) Potential purchasers should be aware that Lots A, B and C 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. 19) 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. 20) 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. 21) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 22) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 23) 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. RECX18-0034 Page 4 of 6 24) Potential Purchasers are hereby notified that a Major Facility of a Public Utility (24" gas pipeline) is permitted by USR-1183 and is located on the east property line of the Recorded Exemption lots. Off -site impacts that may be encountered include dust, noise and traffic from maintenance, trucks and other industry -related activities. 25) 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. 26) 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 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 RECX18-0034 Page 5of6 magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 7 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 9. 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: 05/14/2018 Michael Hall, Planner I RECX18-0034 Page 6 of 6 Hello