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Home My WebLink About20231840.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0035, OF TWO -LOT RECORDED EXEMPTION, RE -4796, FOR REMOVAL OF LOT B - TIMOTHY AND ELANE SWANEY 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 19, 2008, the Department of Planning Services approved Two -Lot Recorded Exemption, RE -4796, and WHEREAS, the Board has received a request from the current property owners, Timothy and Elane Swane, 15575 County Road 90, Pierce, Colorado 80650, represented by Tyler Dreman, TSD Surveying, 13013 County Road 86, Pierce, Colorado 80650, to vacate Lot B of Recorded Exemption, RE -4796, located on the following described real estate, to wit: Lot B of Recorded Exemption, RE -4796; being part of the SE1/4 of Section 22, Township 8 North, Range 66 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 Timothy and Elane Swaney, for Partial Vacation of Two -Lot Recorded Exemption, RE -4796, for removal of Lot B, be, and hereby is, approved, subject to the following condition: 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. 4909733 Pages : 1 of 2 CC : PL (TP/!AN/MN ) APPL.., 07/18/2023 10:40 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO APPt- REP. 1N1 II III 0-7/24/23 2023-1840 RE -4796 PARTIAL VACATION, VAC23-0035, OF TWO -LOT RECORDED EXEMPTION, RE -4796, FOR REMOVAL OF LOT B - TIMOTHY AND ELANE SWANEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:dj W p;o, Weld County Clerk to the Board ounty ney Date of signature: O7O1/2.3 4909733 Pages: 2 of 2 07/18/2023 10:40 AM R Fee:$0.00 Carly Kappas, Clerk and Reoordar, U County , CO llll litp lLIIi1 'I 'I �wr 14il'1�+�MLa�'Lh 1111 EXCUSED 2023-1840 RE -4796 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Molly Nelson, Planner Subject: Partial Vacation of RE -4796 Hearing Date: June 28, 2023 Owners: Elane and Timothy Swaney Representative: Tyler Dreman Legal Description: Lot B of Recorded Exemption RE -4796; being a part of the SE4 of Section 22, T8N, R66W of the 6th P.M., Weld County, CO Location: West and adjacent of Highway 85; North of and adjacent to County Road 90 Parcel Number 0553-22-4-00-021 Total Parcel Size: +1- 124.75 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RE -4796, recorded July 23, 2008, reception #3568082. This partial vacation of Lot B of RE -4796, would result in an approximately 124 acre unplatted parcel. Lot A of RE -4796, 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. 2023-1840 Partial Vacation I Swaney 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 and Recorder. Partial Vacation I Swaney Page 2 of 2 To whom it may concern, I am applying for a Plat Vacation on behalf of my client, Timothy and Elane Swaney, to remove parcel no. 055322400021 also known as Lot B of Recorded Exemption No. 0553-22-4 RE -4796. 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 1509 VACATION PLAT OF LOT B, RECORDED EXEMPTION NO. 0553-22-4 RE -4796 LOCATED IN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 8N SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD, STATE OF COLORADO Di B. RECm¢D [MUPliON u0. O55J-]1-. RE -.766 A¢dipwl i0 lxC hAi R[COROCD ally ]J, ]Wb Ux¢R jj CENTER WARIER CdNER s}}, lax, R89w TMCCPnW N0. lSaaDa], BCINO PMi DE ra SOVraAsi ,/. K YCMN ]], 1dAN91d 6 NORM, RANLC bb xE5i a / ! ,/� ALUMMIu CAP W A N0. b REBAR C a1N P.w., c6uNry ar wELD. s1Art ¢ cwWAoo. d// si+uPco )xA] FOAL DFSFRIPnDN AFTER VACATION. BCw! PARt ¢ tx[ SW raA51 /A ¢ YCIpN ]]. OM15NP a xORM. RAN¢ 66 AF51 ¢ MC aM CWxry Of w[LD. sort ¢ caoRApo, worti PARnWLARLr D(sca,YD +z rouows: L Ai INE SW iN t/R CORNER ¢ SND YCnON }}, ALSO BfwO tN[ POwi ¢ BEGwxwF ONO 1NE M:51 uu[ ¢ tNE SW ixCASi ,/+ Ot' SM YCi1W xi xOR IN pOt}'5}" USt A dSiAN¢ Or CI t0 ra ¢u1ER 1/A CCRNCF ¢ SAp YC1NN }}; Of S.Ap YCDW }} jWn1 66Y]'A6' GST A dSTAN¢ a NE UxpN PACIM RA4ROAD RANI ¢ wAY AwD tNE KSt LWC PACUIC RAAIroAO SWM 1655'!}" CAT. A d51AN¢ ae'A]'a," wE5T A d5tANCC ¢ 6Ja.0, rC[l: OOt)']9" CAsI A ds1ANCC ¢ SSI.W rEEt 10 A CQv1+wML A CALMA rtD AREA ¢ „A.0 ACRES POK OR LESS SORKKIR, NOTES 1 1N15 PLAT wA3 CRCAlEO 10 vAUiE l0i B ¢ RECOR¢D EQWnW x0. OSSJ-x]-. RE -A>96 FECM¢D W aA ]J. }006 UM)[R PC¢Pipx N0, JYe06i ,To SlwfKrwO RCUCD UPW YARNOS AND d5T.v rROu RCCM¢D C12uPlIW N0. OSSl-]]-. RC -A)96 CCOROCD W JUIr I!. }DOa UNDCR RCCCPipN NO. 1y68pe} !. ANv PCRSpx ww0 RNOMNfur RC90KS. AL ICRS OR ¢rA¢5 ANY PUBLp LAxD SVAKr upvUNCNi OR LAND BOIINDMT u6Nu[N1 oR AC¢5idtr CWwi3 + 0.A25 i'Ap ()) ul5p(wCANOq PURSUAxi 10 STArt S)ATUC la -.-504 C.R.S. .. BCAgPp5 AqE BAYD ON iNE SW iN lRF ¢ 1R SWMEAsI ,/A D< YCnW ]]. 1dN5xiP a NdI M, RANLC a0 M:51 ¢ M[ 6tN P.u. SAp LwE BEAFwG Nd1M 69vYlt" M:51 BEMEN INC SNOMx udNUENi5 W tNi5 aRKr. AND Mix Au Drag eCANNcs cWTAIKD NEREw RaAnK txERF1D. LINEAR 51+x¢rtrl. ACWROwc ro maRADo uw rou wuzl cpwwcxtt ANr LEGAL A�mN eAYD uvw AxT xrtcr w rlas sIRK. M CWMEN¢D u0R( n1AN rtN KAg5 rROu 111[ D+rt OrCCCRnr iZ„ SNOwx ,177, .'. BAYD UPM ANr WCEC1 OE PROPERLY OMNERS fFRRFIFATE 1HRWd, M UnONCD�CnOnG IAICCNBr nC BAR uAP xEREW TES HCRCBY RC¢Dp+TED AS 41dM1 N[ ixWiNY TwANCY s1Art ¢ araRAOD ) ss. cpuNir ¢ wtlD MC rdKLOexL CERtRpAnW HT CWwi59W CAP6tES 41NC53 uY YAL aB�D AND SNOW RSIAND�+ir MIS PLAI'1KP or NCq[W, By CAYYEN CC CD 9v CL NOIARA PV940 flOARO (X fMIN1Y COMMISSIONERS• APPROVAL M NCSS uT NANp 1 R APPROKD BT ra BOARD ¢ CWNiY CWMR4 — ¢ a[LD CWNir, STAR Of C0.MA00. AND ra CORPdtAIC YAL O< A[l0 CWNTr MiS _ DAv DC M_. CMAM. BOARD ¢ CWN1Y C.11,551,CRs A CST wLLD COURIY ¢ERR 10 INC BOApO BY: ¢wm aERR iD THE w+RD Dirt 68.1.5" C. ,11:06' B9 vAU1ED lOi B RE-A)p6 ..; A[ACS OroSS l,l. ! AfRE5 NCi 509. ROAD 90 SWM WMTER CdNCR S]]. laN, R60w J 1/i Awuwuu CAP ON I ,/Y PPC StAVPCO ]0665 SURVFYi1Ri FFRimr.TF MCP dtCwN, A RCO52RCD PRQESSH]NAL LAND S1xRKrOR N 1K StArt ¢ C0.0RAW, W NCRCBr ¢RtfT MAl INC SURKr gCPREYN1Fp Br ra PLAt wA5 uADC uNOEq ur PERSONAL SWERv19d1. AND THAT 1Ni5 PLAT l5 AN +PCPllCA91ERRULE5. REpAAnOUS a�i AwSN¢ 1�s1A1E Q C¢OR�AODRKv5AUCixi5 PLAT CpVLT Mn, ALL BOARD OF R[d5xRAtpN rdi PRMSSpNAt CxdN[CRS AND PRORS4WAL LAND SUgKrOR5, AND wLID COUuIv. O. }OD' A00. OUO' SCALE: 1" = 200' LEGEND SUBICCI PARCCL °C"'"'rtr UNC 5[C1pN :„Tr` ' CDDC O RUD - y YCttw CORN[.. AS NOrtD su :lDm. 1�1 C1 ZJM () lie (A S 1 �o ( r g b q k W G _2i!vPi_ i5D IIPH iSD v isp IEIGI@IIISIUCDIIIIIIIIIIDII lOT R GRO55 a IIa.A672 AC 3 FOW = 1.039} AC t NET : II},�2]9 AC 4 THE SCl/L T.9N-R.66W. RECORDED EXEMPTION NO. 0553-22-4 RE -4796 BEING PART OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO WCR 90 d 50. LINE �IT4 _r~... AKA ROWE AVE SCALE t'a200' •-•+ TOWN OF PIERCE titaaeifitriirr N: swn. ua aorc soum[.sI aru+rtR or sccnw x: ro oc.R ,oar1 Ro.r»•,rn .s .wuc"rto AMP[Rtt QK1fR'^. ini[YJ•1[ �wR�t� aaanno aasnwlKn I f,'N19'MAIC q' .PfFW.I RT M nFPARMNI CF A NIMNG vRMp'^ Rovrwxr nm.� a:n.r.caaauoo�r Ol a Itl.1 psL" m'Yaq 110.�1R M¢0mI KCa¢!n ¢]tC-IICM laglN! s pA1! faMlY 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 28, 2023 Time: 9:00 a.m. Applicant: Timothy and Elane Swaney 15575 County Road 90 Pierce, Colorado 80650 Request: Partial Vacation, VAC23-0035, of Two -Lot Recorded Exemption, RE -4796, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RE -4796; being part of the SE1/4 of Section 22, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to U.S. Highway 85; north of and adjacent to County Road 90 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: June 16, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RE -4796 Owner MOUNTAIN STATES DRIVERS EDUCATION INC 1721 WEST HARMONY ROAD UNIT 106 TIMOTHY AND ELANE SWANEY 15575 COUNTY ROAD 90 ATTN: TYLER DREMAN TSD SURVEYING 13013 COUNTY ROAD 86 Address City State Zip FORT COLLINS CO 80526-7611 PIERCE CO 80650-9711 PIERCE CO 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, RE -4796, in the United States Mail, postage prepaid First Class Mail as listed above. C 171 IT' is D D D is rR rR D Dated the 16th day of June, 2023. Ocui\i/cohkys Janet M. Warwick Deputy Clerk to the Board U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'=. (19 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 $ Tr 14114 Postmark Here MOUNTAIN STATES DRIVERS e EDUCATION INC � 1721 WEST HARMONY RD, UNIT 104► FORT COLLINS, CO 80526-7611 r Instructions Cri as T E a) a) a O U • 0 U B. �o }z ❑ ❑ 0 o E -O o u) ti-- W l .- C -D Q (n J L 13 (� Q) is a) /` w o w U) a w D .a O U 0 2 2 2 a) a' c - ii (� CtI RS o rn rn_ C C is it O U) U) DOD DO a) i 2 CC C1) a) 0 a) a) U C) N v cc 0 a) Q. 2 2 ®ca ?+ ��..� C� cis ~ c c�� 0 > >tr <cAOO cs a0 > C) a) '%. a) cc o w c c 5 O 0 IS IS O 0 00 OO. c*5 ❑❑l9❑❑❑I g i a) a) 'a a)o E O O -O 0 to O U U z� (1) cts a aS) U O a as II; O Q) '" '+- cg c • C o U 0 O to4- =��a) o _ 4-1_ >t (ZS U C �n cts O CLw<O IN • Article Addressed to: • r O z� co O O CC N CC O Z oo (1) O O W U QUA H Q z Z zO(FT)J �- W O < z<�U 00crei O u.J r - r 9590 9402 6749 1074 1331 Article Number (Transfer from service label) a) a) O a) O 1.- 4-0 a) cc (a ^ co rn Lri ..13 a O D C a is r� r-1 C3 Domestic Return Receipt CO 0) O O 0 N- U) 0 N O nJ CO co LL u) 0 IT' D O C] O rR N U.S. Postal Servicee" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com`ri'. ppm 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 O Adult Signature Restricted Delivery $ Postage $ Le s TIMOTHY AND ELANE SWANEY 15575 COUNTY ROAD 90 PIERCE, CO 80651-9711 c d X B. Received by (Printed Na to z ❑❑ N 0 715 o2 c -a a) co ma) ▪ P Cs a) C us a) Tu• . Lu T3 >Co - . Postmark Here I- 0 0 *ti fie € E UU o 'D o cu N U d3 'i The CC I— CD a a >5-t 09QQ 0 ciiDD ODD so N E co a) a) .-, -o O 2 ..O ro a) EC U N CD a) 03 o. ›N cs 0 0.. °n O 0 -c i C) U a O 0 0 y) V r 9590 9402 6749 1074 1330 92 r Instructions C) a a) O co 'D m � a) a) u › NTo cc oo=En O O O �`� lti U, 0' L .1] Er a a C] Ian rl rR CI Domestic Return Receipt ru U, Er a a r -R rR a St L >z ❑ ❑ _0 O c w -° 0C a) a) 'a V � L al CD is co- o W O 0 al i UU a) .Q t a E e) l- +J . c O -a `*- .: 2�U L Q) 0 �'� a) a) ., U N � ' O Q 'a as 0 E E 5 a) (tz U o 2 150 o 4-4 .= Ea 'ail (-7s° 0C U li ° < 0 ■ ■ ■ itiens St III z O W I� Z Q O QO" pc in W CO • >- O -a 0E__co z0 co w CD0 2 V I U W- C ~ Lo U B ON -CC �w E --- r— a_ T 2 0 0 v3 03 E v c c .≥ 00 ED_ ED_ 7) _ Q} ) \V 6 O .6) 'Cy a C t) a. CC W o Co U) CC ODD DO o or aDea T -s I N 0 0 U cc '''' cc ~ z' - 0) a) a) Cl) a) a) cceas 115 cc > ≥ 0 rie C C 2 2 C C c CO U.2.2- v O O��r-, tszco'DD O 0 O O Q UUUU: cci❑❑ ❑❑DC 9590 9402 6749 1074 1331 08 2. Article Number (Transfer from service label) 2 LAI U' a D O 1 a Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com' . Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ O Certified Mail Restricted Delivery $ • Adult Signature Required $ O Adult Signature Restricted Delivery $ Postage To' se ATTN: TYLER DREMAN TSD SRVEYING 13013 COUNTY ROAD 86 PIERCE, CO 80650 1140 WYMO Postmark Here WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/26/2023 10:50:21 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. OtrAtomi Signature Date Property Owners Within 500 Feet of Parcel # 055322400021 Account Parcel Owner Mailing Address R0636586 055322000009 REICHERT KAREN S 44811 COUNTY ROAD 33 PIERCE, CO 806509716 R7970299 055322000014 CAIN MARY D 44443 COUNTY ROAD 33 PIERCE, CO 806509722 R6808896 055322200013 PADILLA RONDA B R6808896 055322200013 PADILLA NEGIL P 15331 COUNTY ROAD 90 PIERCE, CO 806509703 R5363408 055322400020 AJL 635 LLC R5363408 055322400020 1.04- MOUNTAIN STATES DRIVERS EDUCATION INC 1721 W HARMONY RD UNIT 106 FORT COLLINS, CO 805267611 R5363508 055322400021 i+o4-13 SWANEY ELANE G R5363508 055322400021 _ 04 V SWANEY TIMOTHY J 15575 COUNTY ROAD 90 PIERCE, CO 806509711 R8981129 055322400022 EUCKER CARLA S Parcels: 57 Owner Records: 78 Page 1 of 10 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/26/2023 10:50:21 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. van.(,uaAty; Signature 5' 7. -Le `Z 3 Date Property Owners Within 500 Feet of Parcel # 055322400021 Account Parcel Owner Mailing Address R8981129 055322400022 EUCKER DALE A 44405 COUNTY ROAD 33 PIERCE, CO 806509722 R0637386 055323001002 NARANJO LEO PO BOX 67 PIERCE, CO 806500067 M0170889 055323001003 HOYT MATTHEW ALAN M0170889 055323001003 HOYT JON E 44120 COUNTY ROAD 33 PIERCE, CO 806509701 R0637586 055323001003 HOYT MATTHEW A 44120 COUNTY ROAD 33 PIERCE, CO 806509701 R0536501 055323001005 MILLER MICHAEL THOMAS 16067 COUNTY ROAD 90 PIERCE, CO 806509721 R0536601 055323001006 PORTER MARGARET L R0536601 055323001006 PORTER CLINTON D 44056 COUNTY ROAD 33 PIERCE, CO 806509701 R0952801 055323001008 THOMPSON KRISTEN J Parcels: 57 Owner Records: 78 Page 2 of 10 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/26/2023 10:50:21 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. OMCo 01 5 Signature z�1 Z3 Date Property Owners Within 500 Feet of Parcel # 055322400021 Account Parcel Owner Mailing Address R0952801 055323001008 THOMPSON LEE N 44240 COUNTY ROAD 33 PIERCE, CO 806509701 R1012402 055323001013 SLADE KELLY R1012402 055323001013 SLADE CHARLES JR 44440 COUNTY ROAD 33 PIERCE, CO 806509722 R1398902 055323301020 SHESHE INVESTMENTS LLC 1635 E LAYTON DR ENGLEWOOD, CO 801137000 R0641786 055326200030 STEWART REBECCA L R0641786 055326200030 STEWART LAWRENCE E III 203 ROWE AVE PIERCE, CO 806501117 R0128892 055327000051 LESH BILLIE B REVOCABLE LIVING TRUST 201 JACKIE ANN ST PO BOX 56 AULT, CO 806100056 R0656286 055327101001 SCHOOL DIST No. RE -9 PO BOX 1390 AULT, CO 806101390 R0656386 055327101002 SCHOOL DIST No. RE -9 PO BOX 1390 AULT, CO 806101390 Parcels: 57 Owner Records: 78 Page 3 of 10 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/26/2023 10:50:21 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. J01)1,0000'1 cl I2-1-et3 Signature Date Property Owners Within 500 Feet of Parcel # 055322400021 Account Parcel Owner Mailing Address R0656786 055327102001 SCHOOL DIST No. RE -9 PO BOX 1390 AULT, CO 806101390 R0656886 055327103002 TODD ROGER L PO BOX 223 PIERCE, CO 806500223 R0656986 055327103003 DIMMICK DARLA P R0656986 055327103003 DIMMICK RODNEY L PO BOX 418 PIERCE, CO 806500418 R0657086 055327103005 AZEVEDO BRENDA PO BOX 244 PIERCE, CO 806500244 R0657186 055327103006 GARCIA GOMECINDA PO BOX 155 PIERCE, CO 806500155 R0657286 055327103007 OLIVA DANITA MARIE R0657286 055327103007 GUNTER ADAM WESLEY PO BOX 534 PIERCE, CO 806500534 R0657386 055327103008 DODDS BRENTON PO BOX 597 PIERCE, CO 806500597 Parcels: 57 Owner Records: 78 Page 4 of 10 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/26/2023 10:50:21 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. jlth 00,01 cL 61Z -1i / Z3 Signature Date Property Owners Within 500 Feet of Parcel # 055322400021 Account Parcel Owner Mailing Address R0657486 055327103009 PARIS M SUE R0657486 055327103009 PARIS DENNIS PO BOX 92 PIERCE, CO 806500092 R0657586 055327103010 GUNTER SUZANNE KAY R0657586 055327103010 GUNTER ADAM WESLEY PO BOX 534 PIERCE, CO 806500534 R0657686 055327104002 BARLOW ABRAM 449 SPENCER AVE PIERCE, CO 806505076 R0657886 055327104003 HAYWOOD MARGARET A R0657886 055327104003 HAYWOOD GERALD F (HEIRS OF) PO BOX 55 PIERCE, CO 806500055 R0657986 055327104004 HAYWOOD MARGARET A PO BOX 55 PIERCE, CO 806500055 M1127299 055327104005 ODEN GLENDA Parcels: 57 Owner Records: 78 Page 5 of 10 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/26/2023 10:50:21 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. (-Jan Oa)wc- ,.'Signature /7 l -e z 3 Date Property Owners Within 500 Feet of Parcel # 055322400021 Account Parcel Owner Mailing Address R0658086 055327104005 ODEN GLENDA RAE M1127299 055327104005 ODEN MARK 120 WALNUT AVE EATON, CO 806153626 R0658086 055327104005 ODEN MARK A 120 WALNUT AVE EATON, CO 806153626 R0658386 055327104006 101 103 4TH STREET LLC PO BOX 336880 GREELEY, CO 806330615 R0658786 055327104007 MORALES-ALCANTARA ROGELIO PO BOX 3 EATON, CO 806150003 R0658886 055327104008 MORALES-ALCANTARA ROGELIO PO BOX 3 EATON, CO 806150003 R0659086 055327105002 LESH BILLIE B REVOCABLE LIVING TRUST 201 JACKIE ANN ST PO BOX 56 AULT, CO 806100056 R0659186 055327105003 MULLER NICHOLAS S R0659186 055327105003 MULLER FRANCIS N PO BOX 471 PIERCE, CO 806500471 Parcels: 57 Owner Records: 78 Page 6 of 10 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/26/2023 10:50:21 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. Qi;04,1 ultiwi AJ IZ-Le/Z3 Signature Date Property Owners Within 500 Feet of Parcel # 055322400021 Account Parcel Owner Mailing Address R0659386 055327105006 LESH BILLIE B REVOCABLE LIVING TRUST 201 JACKIE ANN ST PO BOX 56 AULT, CO 806100056 R0659486 055327105007 LESH BILLIE B REVOCABLE LIVING TRUST 201 JACKIE ANN ST PO BOX 56 AULT, CO 806100056 R0659586 055327105008 LESH BILLIE B REVOCABLE LIVING TRUST PO BOX 56 AULT, CO 806100056 R0659886 055327105011 LESH BILLIE B REVOCABLE LIVING TRUST PO BOX 56 AULT, CO 806100056 R0660086 055327105013 LESH BILLIE B REVOCABLE LIVING TRUST 201 JACKIE ANN ST PO BOX 56 AULT, CO 806100056 R0032392 055327105016 LESH BILLIE B REVOCABLE LIVING TRUST 201 JACKIE ANN ST PO BOX 56 AULT, CO 806100056 R0032292 055327105017 LESH BILLIE B REVOCABLE LIVING TRUST PO BOX 56 AULT, CO 806100056 R0660386 055327106001 ROMERO TINA (LE) 2923 W D ST GREELEY, CO 806311205 R0660686 055327106006 SOLIS JAVIER Parcels: 57 Owner Records: 78 Page 7 of 10 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/26/2023 10:50:21 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. Dan tpam.03 5 IZL1 1 Z3 Signature Date Property Owners Within 500 Feet of Parcel # 055322400021 Account Parcel Owner Mailing Address R0660686 055327106006 SETTGAST BRENDA PO BOX 143 PIERCE, CO 806500143 R0660786 055327106007 GAYLORD JUD PO BOX 152 PIERCE, CO 806500152 R0660886 055327106008 GAYLORD JUD PO BOX 152 PIERCE, CO 806500152 R0661286 055327106011 GODBY REAL ESTATE LLC 37632 COUNTY ROAD 37 EATON, CO 806159016 R0661486 055327106012 ROMERO ALEXIS 2923 W D ST GREELEY, CO 806311205 R0016289 055327106016 RODRIGUEZ ARTHUR PO BOX 472 PIERCE, CO 806500472 R0123395 055327107009 CHRISTENSEN JEREMY J R0123395 055327107009 CHRISTENSEN RACHEL PO BOX 614 PIERCE, CO 806500614 R0333395 055327107012 JARRETT WANDA Parcels: 57 Owner Records: 78 Page 8 of 10 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/26/2023 10:50:21 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. QcOaAt)I Llc, ' �i / 7,3 Signature / Date Property Owners Within 500 Feet of Parcel # 055322400021 Account Parcel Owner Mailing Address R0333395 055327107012 JARRETT DAVID A PO BOX 467 PIERCE, CO 806500467 R0360095 055327107014 SCHACKEL NATHAN PO BOX 320 PIERCE, CO 806500320 R0662486 055327108001 SCHOOL DIST No. RE -9 PO BOX 1390 AULT, CO 806101390 R8940187 055327132001 DIXON CHONITA R8940187 055327132001 DIXON CHARLES PO BOX 461 PIERCE, CO 806500461 R3274304 055327200002 GUTTERSEN PAMELA A 201 JACKIE ANN ST AULT, CO 806105067 Parcels: 57 Owner Records: 78 Page 9 of 10 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/26/2023 10:50:21 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 # 055322400021 Parcels: 57 Owner Records: 78 Dan k)aAt,oi OL Si nil 7.3 Signature Date Page 10 of 1C PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: AMOUNT: $ CASE # ASSIGNED: APPLICATION RECEIVED BY: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be Vacated: RECORDED EXEMPTION NO. 0553-22-4 RE -4796 Complete Vacation (must include all lots) EPartial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number D 055322400021 113.4 NONE Acreage Affected Easements S 22 T8N R66W PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Elane and Timothy Swaney Company: Phone #: (970) 217-8763 Email: swaneyropehorses@aol.com Street Address: 15575 COUNTY ROAD 90 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: TSD Surveying Phone #: (970) 590-2197 Email: tylerdreman@gmail.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. 05/05/2023 Signatur?Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date TYLER DREMAN Print: Owner or Authorized Agent Print: Owner or Authorized Agent I, (We) Elane and Timothy Swaney (Owner — please print) DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM give permission to TYLER DREMAN (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: 055322400021 Lot B RE No. 0553-22-4 Re -4796 22 8 66 Legal Description: of section , Township N, Range Subdivision Name: NIA Lot N/A BlockN/A Property Owners Information: Address: 15575 COUNTY ROAD 90, PIERCE CO, 80650 Phone: (970) 217-8763 E-mail swaneyropehorses©aol.com Authorized Agent/Applicant Contact Information: Address: 13013 COUNTY ROAD 86, PIERCE CO, 80650 Phone: (970) 590-2197 E -Mail: tylerdreman@gmail.com Correspondence to be sent to: Owner EL Authorized Agent/Applicant .del__ by: Mail Emaill. Additional Info: N/A 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 corre to the best of my (our) knowledge. � a/61 /lf Date,.:3;223 Owner Signature Own Sig ature Subscribed and swam to before me this -51- day of I M t ) (t.1av�e 4- ii rrn 5 3O lie My commission expires V J Date -73 -- 48441 Pages: 1 off,2-' lZS/2022 08:43 AM R 518.00 D rlr.S0.00 ��arly Koppsa, Clark and R ir, Wald County CO ran hiV.Wi III QU)tCLAIM DEED c�}" cJ' cJ �f.3 21 %, between Timothy J. Sw and Elane *DEED, dat _ (bi Swaney (a/k/a Elane G. Ys) ose legal address is( 675 County Road 90, Pier* O 80650, of the County of Weld a of oloredo, grantor(sand Timothy J. Swaney a Mane G. Swaney ' (a/k/a Elane G. Wel�S} ise legal address is 1557 Qicunty Road 90, Pierce, 50, of the County of Weld and State,,GOlorado, grantee(s). WITNOSS, that the grantor(s), forAicfatiand valuable considera$4,4ie receipt and sufficiency,4)'' this is he'-:' acknowledged, has remi ,ieleased, sold and QUITE ED, and by these preseio remi re '= =, sell and QUITCLA u the grantee(s), heirs,Au ssors and assigns forev r, it the right;, interest, claim and de which the grantor(s) ha:fnd to the real property, er with vements, if any, situate and being in the County eld and State of Col bed as lows: r. �� (, Lot B of Req d Exemption No. 0553-2�Yt'E-4796 being situated it outheast Quarter (SE'/.) of Section 2,v ownship 8 North, Range,66C., t of the 6'" Principal Me an, Weld County, State of Colorado recokikl on July 23, 2008 at recoil no. 3568082. , ,c',> TO'HAVE AND TO HOLD \the'same, together with allf,and"'singular the appurtenar :es ind priv thereunto belonging, o 'nywise thereunto appertai and all the estate, right, tit,,interest aim whatsoever of the r(s), either in law or equity, 'tre only proper use, beneIand behoof 4the grantee, and the grant .S ) heirs and assigns forever('s IN WITNESS REOF, the grantor(s) ha � ed this deed on the da forth above. �V STA OF COLORADO , , r,COUNTY OF WELD 7.7--•,, } , \., riblia? ��> o" (c))'' Tile fo oing ' stru nt was knowledged before me thisi�, L day of, 20 ,s -,s-by 1 n95WIL) O1 t] c� ' ' §s my hand and official s v,y commission expires: I1), ,SAsik. Aran AV:�� PUBUC s > NOTARY ID 2019.046324 mmissaNmots O.1w7.20?s.' ( Page N "J) 48 4 Pares: 2 of .2 o_i�= o 02 2022 09:43 All R Fee: $:00 D Fee:$0.00 s „a i Kappa', Clerk and Reoocder, Weld County , CO GRANTOR: -" Elane G. S*ey (a/k/a Elane G. Wellsy, '..,a/i/i <",- - The oing ins (Liu nenw)edged before me this Vlfit y hand and official mission expires: Duran PUBLIC 8T P COLORADO ifor4ARY 1O 20134046324 MY F5.', MS Odatar 7, 20,5 �Jt Page a 7J `J 9143 2�. Notarycrllic j Co p feris 11119e. COLORADO DEPARTMENT OF PLANNING SERVICE RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: & Elane Swaney RE -4796 Planner. Ogle Timothy Legal Description: Part SE4 Section 22, T8N, R66W of the 61' P.M., Weld County, CO. Parcel ID #: 0553-22-400011 Lot A Size: 1 CH -l- acres Lot B Size: 108+!- acres Water Source: Lot County Lot North # 2617 A: B and Weld Proposed Water Medical County District North Hardship: Water Weld District Sewer System: Lot Lot Lot # SP-O3004O9 A: B: B: Proposed # Medical SP -9700156 Hardship 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 X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. 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 Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The West Greeley Soil 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. 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0553-22-4 RE -4796 B. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing septic system meets all requirements of the Weld County Department of Public Health and Environment and meets the current I.S.D.S. regulations. C. All septic systems must be located on their respective lots and meet all lot line setback requirements. Evidence of meeting this standard shall be submitted to the Department of Planning Services. D. Lot A shall use the existing residential access point as no additional accesses shall be granted. E. Lot B shall use the existing residential / agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. F. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. G. County Road 90 is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. The applicant shall address the requirements of Weld County School District RE -9 as stated in the referral response dated April 14, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall complete and submit the appropriate zoning and building permit applications and pay the appropriate fees to the Weld County Department of Planning Services for the mobile home located on Lot B. J. The applicant shall submit written evidence to the Weld County Department of Planning Services verifying that the occupant of the mobile home permitted by ZPMH # 2381 for a medical hardship remains at this residence and at this location. Should the person for whom the medical hardship was permitted no longer reside in this location, the medical hardship shall be removed within 30 days of vacancy. K. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. L. 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. M. 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. f 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 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any constructor within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance horn the terms of the Section 23-3-10 of the Weld County 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) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lot(s) A and B may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0325 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59 and 60. 5) The installation of any septic system within the 100 -year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 6) 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. 7) 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. 8) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 9) All mobile homes as medical hardship uses are temporary. Allowance of the mobile homes shall be extended only if the use continues to be in conformance with the criteria established in Section 23-4-170 of the Weld County Code. The mobile homes shall be removed from the property if the mobile home cannot be legally permitted for an approved use as listed in Chapter 23, Article IV, Division 3 of the Weld County Code. 10) 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. 11) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 12) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 13) Prior to the release of building permits on Lot A, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 14) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 15) WELD COUNTY'S RIGHT TO FARM; Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 longstanding 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 area: 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; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. 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 operator alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 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. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. 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. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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 Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days horn the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. 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 may be added for each additional 3 month period. 6. 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, Arcinfo 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 maps(a.co.weld.co.us. 7. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date May 19, 2008 Hello