The URL can be used to link to this page

Browse Search

Home My WebLink About20232621.tiffRESOLUTION RE: APPROVE VACATION OF PUBLIC FACILITY DIVISION, PFD22-0004, AND RECOMBINE LOTS INTO ORIGINAL ACREAGE - BARCLAY FARM PROPERTY, LLC, C/O RICHARD JOHNSON 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 February 8, 2023, the Department of Planning Services approved Public Facility Division, PFD22-0004, creating parcels of 36.68 acres and 3.099 acres in -size, more or less, and WHEREAS, said property is located in part of the SW1/4 SE1/4 of Section 14, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado; being more particularly described as Lots A and B of Public Facility Division, PFD22-0004, and WHEREAS, the Board has received a request from Barclay Farm Property, LLC, c/o Richard Johnson, 5745 Waverley Avenue, Firestone, Colorado 80504-5857, to vacate said Public Facility Division, PFD22-0004, and 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 vacation, and WHEREAS, any persons owning dedicated and recorded easements and rights -of -way crossing the parcels to be vacated, if any, may continue such use after formal vacation by Weld County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Public Facility Division, PFD22-0004, be, and hereby is, vacated, and the Lots, be, and hereby are reverted to the original acreage. BE IT FURTHER RESOLVED by the Board that any persons owning dedicated and recorded easements and rights -of -way crossing the parcels to be vacated, if any, shall not be affected by this vacation authorized herein, unless reflected differently on the Public Facility Division plat. 4923332 Pages: 1 of 2 09/29/2023 12:04 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2023-2621 PL2896 CC'. PL (rP/MP/m4), APR., APPL. RE?. is/cal/23 VACATION OF PUBLIC FACILITY DIVISION, PFD22-0004, AND RECOMBINE LOTS INTO ORIGINAL ACREAGE - BARCLAY FARM PROPERTY, LLC, C/O RICHARD JOHNSON PAGE 2 BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to record this Resolution in the records of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C,1 „x,/4:64 Weld County Clerk to the Board 1,6 Deputy Clerk to the Board Scott K. James 7IRVED ' FORM: County A rney Date of signature: g I i LI I zb 4923332 Pages: 2 of 2 09/29/2023 12:04 PM R Fee:$0.00 Carly KopPes, Clark and Recorder, Weld County , CO 11111 D. Ross aine 2023-2621 PL2896 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Molly Nelson, Planner Subject: Complete Vacation of PFD22-0004 Hearing Date: September 11, 2023 Owners: Barclay Farm Property LLC Representative: Richard Johnson Development Corporation do Richard Johnson Legal Description: Lot A and Lot B of Public Facility Division PFD22-0004; being a part of the SW4SE4 of Section 14, Township 2 North, Range 67 West, of the 6th P.M., Weld County, Colorado Location: North of and adjacent County Road 20; Approximately 0.25 miles of West of County Road 23 Parcel Number(s): 1311-14-4-00-072 and 1311-14-4-00-073 Total Parcel Size: +/- 40 acres Zone District: A (Agricultural) Summary: The applicant requests to completely vacate Public Facility Division PFD22-0004, recorded April 5, 2023, reception number 4890805. This complete vacation results in an approximate 40 acre unplatted parcel. Vacation Criteria: The Vacation of a Public Facility Division plat criteria are detailed in Chapter 24, Article VIII of the Weld County Code, being the Public Facility Division Article within the Weld County Subdivision Ordinance. Section 24-8-90. A of the Weld County Code, states in part: "A property owner may request a complete vacation of an existing Public Facility Division." Section 24-8-90 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-8-90. A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. 2023-2621 Vacation of PFD22-0004 I Barclay Farm Property LLC Page 1 of 2 j7 LZS 9 Le 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 Section 24-8- 90. H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Vacation of PFD22-0004 I Barclay Farm Property LLC Page 2 of 2 Molly Nelson From: Rich Johnson <rjdcolorado@gmail.com> Sent: Tuesday, August 22, 2023 03:55 PM To: Molly Nelson Subject: Re: VAC23-0046 Follow Up Flag: Follow up Flag Status: Flagged sTO: Molly Nelson, Planner 1 Department of Planning Services RE: VAC23-0046 Good afternoon Molly, I was at a Fort Lupton Planning & Zoning preliminary meeting in 2020. I had a piece of property I wanted to develop into 2 acre sites and was considering annexing the property into The City of Fort Lupton. Taw Tamlin, Fire Marshal for the Fort Lupton Fire Department asked me if I would be willing to donate a couple of acres of ground to the fire department for a new substation. He said the area was under served. I talked with my business partner several days later and we decided it would be a good thing to do to support the community. Fire Department Chief Phil Tiffany came out and looked at the area and said it would work for them. We ended up changing our plans for the property and I told Chief Tiffany that the new plan would not support land for a new substation. I also told the chief of our intention to purchase additional property and added that we would find a piece of ground for them for their new substation. In 2022 my partner and I purchased 159 acres in unincorporated Weld County and subdivided the property into four equal parcels. I sold three of the parcels then contacted Chief Tiffany and told him to come out and look at Tract 4, the remaining parcel. I told him we would be willing to donate a 300' x 450' piece of ground in the southwest corner of Tract 4 to them for no charge. Chief Tiffany said the parcel would work for them. I immediately began the process to create the 3.099 acre Public Facilities Division parcel through the Weld County Planning Department. The Chief notified the fire departments attorney in downtown Denver. The attorney sent me a contract that was not an approved real estate contract by the Colorado Real Estate Commission. In addition to being a builder and land developer I am also a licensed real estate broker in Colorado. I received my initial license in 1987 and have been active in real estate for over 30 years. My partner and I had some issues with the contract the attorney had written. She modified it several times, but we were still not in agreement. In an effort to keep the process going I told the attorney that I would continue with the creation of the fire department parcel and that once it was created we could all sign a modified contract. The Public Facilities Division was approved by the Weld County Planning Department in March or April 2023. I was under the impression that the fire department was doing their due diligence on the property during the platting process. This was not the case. After the parcel was approved, they then began their due diligence. About a month later they realized that there was a high pressure oil line on the property along CR 20 that created a potential danger for the future occupants of the proposed substation. They notified me that the parcel would not work for them. They were very apologetic and I was disappointed but that is the way things go some times. At this point we feel the best thing to do is to return the Tract 4 parcel to it's original size and vacate the 3.099 acre parcel that was created. Thank you for your consideration in this matter. Regards, Rich Johnson Managing Partner Barclay Farm Property LLC 5745 Waverley Avenue Firestone, Colorado 80504 303-877-0453 On Tue, Aug 22, 2023 at 7:37 AM Molly Nelson <mrnelson@weld.gov> wrote: Good morning, I am reaching out regarding VAC23-0046. This is scheduled to go to the Board of County Commissioners on September 11, 2O23. This will be on the consent agenda and will only be pulled off if one of the Commissioner's has questions, or if someone from the public has questions or concerns. In order for this to go to the Board on September 11, 2O23 could you please write me a request letter stating why you are vacating the PFD, etc. This is a part of the requirements for vacating! If you could send this to me at your earliest convenience. Best regards, Please be advised our Office has moved. As of Friday, March 10, 2023 our new office location is 1402 N 17th Ave, Greeley, CO 80631. Molly Nelson Planner I Department of Planning Services 1400 N 17h Ave Greeley, CO 80631 mrnelson eweldgov. com Phone: (9701400-3525 2 �rur i =too' "otr� e�x v.u. [u�xir or wuo, s,wit o, ...oxno�. ors Nm�o ns �ouows. x°rw a ,rt xsoav w. ,so oo rttt uou. ♦zt wt5t twt .t tot swl/�s�t ,x[ sl/, or solo w[to. stw,E orr �. azwoc. pow["vow ucwzt °.scxie.o .s ractows. ru.. c"""". �.t°tl/,. sw�o xnmx ,. m nit Paw= o w �.xxx,i �. txt o: xt °wv. of xt "I" of VACATION PLAT VACATION OF PUBLIC FACILITIES DIVISION PFD22-0004 PART OF THE SW1/4 OF THE SE1/4 OF SECTION 14, T2N, R67W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. AREA = 3.099 ACRES, MORE OR LESS. COUNTY ROAD 20 r„,"7, SEt/16 CIXt. 5 sB rna. scc. t� SHEET 1 OF 1 bCr MAP -w —v B.,,RO OF C C LCL wxc w» aoahwF� �o'.:vw,� CIVILA RTB i Imw xveusriw.�l r.xo a.w,u ."1"17", oww.ai « m .uo caws core. PUBLIC FACILITIES DIVISION PLAT SNIP'�1'k'bi1141Y'L4W'yJ'J7Mfl4IWIWNtlI PUBLIC FACILITIES DIVISION PFD22-0004 PART OF THE SW1/4 OF THE sup. OF SECTION 14, T2N, R67W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. AREA m 3.099 ACRES, MORE OR LESS. ° e ,. .caunc .. .rwrorto nrNr-ar-w.. asc oevwr roman ,o e.. e�x.noxx sw,n. S, SC �. sr.� o(�aax.00s"x• 6 e,w r.w.. ca+,. o. wn. sr.rz ar"'�aaw.00, x'�wxeam .Ss`ruo'.es.'xw, nerve of ww acauewc wr m s�i. cawm 6 :.ro sect �.. ,.ow wa me sa,ausr camwR .m recr uaw nc .Es, .,,e os >«�`sroisar°i,we Yv:' vo �MNnmc IPntT '" n.e s.,o scrnaw �. ,a o�. u�i�a ca�� am`vm sccnw as me sMi. a iwc sc�i. a e� wr�r�w vnaamn uc'o.}� e. Aia.ao e..a�wso,� . � eweEe a ftr-Lwe SHEET 1 OF 2 rcv.n,urwr rr ri �xnirxr, anvtrrc - w,wwwm�nvr ra roew rcxnFle�rt or nwnovN ur '�vsli,� �L�wGLLh PfD22—OW4 LQI txQnta „ro u ncH xz.�, xaxs CIVIL ,.n,w.��n PUBLIC FACILITIES DIVISION PI AT irSa " hkhalm. PUBLIC FACILITIES DIVISION PFD22-0004 PART OF THE SW1/4 OF THE SE1/4 OF SECTION 14, T2N, R67W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. AREA s 3.099 ACRES, MORE OR LESS. u.pCN ?0 ?0?3 SHEET 2 OF 2 riff- 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: September 11, 2023 Time: 9:00 a.m. Applicant: Barclay Farm Property, LLC c/o Richard Johnson 5745 Waverley Avenue Firestone, Colorado 80504 Request: Vacation of Public Facility Division, PFD22-0004, and Recombine Lots into Original Acreage Legal Description: Lots A and B of Public Facility Division, PFD22-0004; being a part of the SW1/4 SE1/4 of Section 14, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 20; approximately 0.25 miles west of County Road 23 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: August 30, 2023 ADJACENT PROPERTY OWNERS FOR VACATION OF PFD22-0004 Owner Address BARCLAY FARM PROPERTY, LLC C/O RICHARD JOHNSON 5745 WAVERLEY AVENUE City State FIRESTONE CO 80504-5857 Zip 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 Vacation of Public Facility Division, PFD22-0004, in the United States Mail, postage prepaid First Class Mail as listed above. N U, N 0 a a II rR rR Strei 4o6o., o IP+4® Dated the 30th day of August, 2023. Jai\ LociALO) ck 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 ` 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 so Postmark Here To stage an Fees $ �ctn�-� 1.--CtinfjP.OPC( cPiaid Johncinx. er' I at_ A nue� e� ♦ $D5b� 5857 1t, PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions as a) rn a) oci O U) i) E C O .C 0 ■ a; C) a a) 0 a 0 a O O co }z ❑❑ T 0 O o W v - C -� a) as t N 'DN "0 73 ctf CD w › r - ‘r) plc V 1 O re C E o L.L. N cn ---S ga Pea Ctf Fr) a C C. ~ I- O 0 W22 0tz_0 00 2 a) 2a) Cu o C) — C ca a) a) a) .m .0) a_ cc a Cl) ) ❑❑❑ DO a) � T CD CO N N � T CrJ CO N O 0 V a) , a) cc a) 0 a) U .y U) cc a a) O a) U 0 Article Number (Transfer from service label) N a C3O 2 9 N U, rcr — II a INI r -- .I Domestic Return Receipt co 0 rn 0 0 6 co Ls -) CO 0 O a a) CO 0 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/22/2023 4:19:21 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. (iCtiA upcutAol Signature 2 z [ z3 Date Property Owners Within 500 Feet of Parcel # 131114400072 Account Parcel Owner Mailing Address R0289087 131114000008 PUBLIC SERVICE CO OF COLO TAX SERVICE DEPARTMENT PO BOX 1979 DENVER, CO 802011979 R4482906 131114300001 ADAME LAZARO LARA 10409 COUNTY ROAD 20 FORT LUPTON, CO 806218943 R6780533 131114300063 NEWMAN BARBARA J R6780533 131114300063 NEWMAN WILLIAM D 7576 W 83RD WAY ARVADA, CO 800031631 R8981439 131114400072 1,0'r P BARCLAY FARM PROPERTY LLC 5745 WAVERLEY AVE FIRESTONE, CO 805045857 R8981440 131114400073 BARCLAY FARM PROPERTY LLC 5745 WAVERLEY AVE FIRESTONE, CO 805045857 R5419686 131123000001 ROZELL WATSON TRUST 10444 VICTOR ST COMMERCE CITY, CO 800220703 R0142594 131123000046 GRANER JESSE B & MARY JANE FAM TRST B-2 R0142594 131123000046 GRANER STEVEN C Parcels: 9 Owner Records: 12 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/22/2023 4:19:21 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. ICI 22 `23 Signature Date Property Owners Within 500 Feet of Parcel # 131114400072 Account Parcel Owner Mailing Address R0142594 131123000046 GRANER FAMILY TRUST PO BOX 351237 LOS ANGELES, CA 900359637 M1071097 131123000046 GRANER J B PO BOX 351237 LOS ANGELES, CA 900359637 M0259408 131123000046 GRANER JESSE B TRUSTEE OF TRUST B-1 PO BOX 351237 LOS ANGELES, CA 900359637 Parcels: 9 Owner Records: 12 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/22/2023 4:19:21 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 # 131114400072 Parcels: 9 Owner Records: 12 Dan tiouuaui � g I z7.1 z3 Signature Date Page 3 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/22/2023 4:22:31 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. CJaw\ (3a, w c .L I zl l Z3 Signature Date Property Owners Within 500 Feet of Parcel # 131114400073 Account Parcel Owner Mailing Address R0288987 131114000006 PUBLIC SERVICE CO OF COLORADO TAX SERVICE DEPARTMENT PO BOX 1979 DENVER, CO 802011979 R0289087 131114000008 PUBLIC SERVICE CO OF COLO TAX SERVICE DEPARTMENT PO BOX 1979 DENVER, CO 802011979 R4482906 131114300001 ADAME LAZARO LARA 10409 COUNTY ROAD 20 FORT LUPTON, CO 806218943 R6780533 131114300063 NEWMAN BARBARA J R6780533 131114300063 NEWMAN WILLIAM D 7576 W 83RD WAY ARVADA, CO 800031631 R8947924 131114300067 NEWMAN BARBARA J R8947924 131114300067 NEWMAN WILLIAM D 10359 COUNTY ROAD 20 FORT LUPTON, CO 806218943 R8978657 131114400069 ESTRADA JOAQUIN 5745 WAVERLEY AVE FIRESTONE, CO 805045857 R8978659 131114400071 SARWAR SHAGUFTA A Parcels: 13 Owner Records: 18 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/22/2023 4:22:31 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. vafl 1•VAO, I.6 41- gZ3 Signature I2Zl Date Property Owners Within 500 Feet of Parcel # 131114400073 Account Parcel Owner Mailing Address R8978659 131114400071 SARWAR SHAHZAD 12441 ARLINGTON AVE BROOMFIELD, CO 800205756 R8981439 131114400072 BARCLAY FARM PROPERTY LLC 5745 WAVERLEY AVE FIRESTONE, CO 805045857 R8981440 131114400073 6 4- 13 BARCLAY FARM PROPERTY LLC 5745 WAVERLEY AVE FIRESTONE, CO 805045857 R5419686 131123000001 ROZELL WATSON TRUST 10444 VICTOR ST COMMERCE CITY, CO 800220703 R0142594 131123000046 GRANER JESSE B & MARY JANE FAM TRST B-2 R0142594 131123000046 GRANER STEVEN C R0142594 131123000046 GRANER FAMILY TRUST PO BOX 351237 LOS ANGELES, CA 900359637 M1071097 131123000046 GRANER J B PO BOX 351237 LOS ANGELES, CA 900359637 M0259408 131123000046 GRANER JESSE B TRUSTEE OF TRUST B-1 PO BOX 351237 LOS ANGELES, CA 900359637 Parcels: 13 Owner Records: 18 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/22/2023 4:22:31 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 # 131114400073 Parcels: 13 Owner Records: 18 J0.vt tA _ icvut,a � c� Signature Date Page 3 of 3 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE; DATE RECEIVED: AMOUNT: S CASE # ASSIGNED: APPLICATION RECEIVED BY: PLANNER ASSIGNED: PLAT INFORMATION f f ? zZ ie Title of plat to be vacated: ii'alG PIP'6v'oA' ❑Complete Vacation (must Include all MS) QPartial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number Acreage Affected Easements y/ 3//l yyDODPq^ 3•r 7 ST l''lrl PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: edirr L9 iez12 /� 1� i LC Company: / Phone #: 77— i%'YS3Emall: e !r '7 /L- • �v�7 Street Address: S7 yer, -,4 ' 1.,,c-7 APGO/WE City/State/Zip Code: --iyisi,e4 vw." ?cc, fi-Cj..5C-4/ APPLICANT1AUTHORIZED AGENT (Authorization form must be included if there is en Authorized Agent.) Name: Richard K. Johnson Company: Richard Johnson Development Corporation Phone #: :303-877-0453 - - Email: rjdcolorado@gmail.com Street Address 5745 Waverley Avenue City/Stale/Zip Code: Firestone, Colorado 80504 I (We) hereby depose and state under penalues of perjury that all statements, proposals,and/or plans submitted with or contained within the application are true end correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Aultrorigad 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 s(gnatory hes the legal authority to sign for the corporation. I (We) have reed and agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision exemptions. 7//7/2e4.3 - Signature: Owner or thoilzed Agent Date Signature: Owner or Authorfaed Agent Owner or Authorized ` PrtnL Owner or Authorized Agenl 2frr, , OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING 1, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Barclay Farm Property LLC is Limited Liability. Company formed or registered on 03119/2022 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with'this office. This entity has been assigned entity identificatiaim.number 20221447366 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 07/06/2023 that have been posted, and by documents delivered to this office electronically through 07/10/2023 09:17:01 - l have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 07/10/2023 (d; 09:17:01 in accordance with applicable taw. Thin certificate is assigned Confirmation Number 15132038 .vtac�,�i Secretary of State of the State of Colorado 'End of Ceruticate Yuliar_ ,t , et15,or Ward irlrr►rurr,,aill Nora ihr Col.., Srs....1a/.xtao, n•rhsi, i, lull, anti ienaerdiatels ',laid egad dim°, li ms+nw. err, an apius. this townie a aad srtlidih' of a • er,17“ ie ohm., a rt tnnainelly eras Fr nub/Wood by rish.g the Validate a Certinewe page o! Our Sever/an' a State • wauetr. .....hlrmlwor.,nrhL,,,,areierarcet,lorma, entering titc t erafjtetr'F confirmation number displayed ..n the ft, ni err, and fiUauutx the uaniaNi,u ,tilde• d Cewrrartay ih,• Wm.., of u t r, iris art• is uwrrh'anliaual and 44 not neerreart• h+ the tuba' and rlfresivr wawa, al a ',TV,. Fur MOM taftmmatiuti, van our wrhow lailN 11'9'1,,llrnrjal�eprtgm-(5,•k "Rrrund.,e ►mdm:mks. brute names,'read-rikrt "Frraterur' +tsirrlQawruas 7/10/23, 0:17 AM Coiarado Sa o buy orStets--Summary FOr Ihi5 Reaer&. Ms" historysad a ewe.. et ouod hum Soho.. to.nid eet aaaat � >i rent mufti watlltcilloo 3iebselbs tut t10f1aCit1011 r/nfYe/ptW hour tauoollification auOrteu Moms eu7tne�t information austmw Stunt EAQs, Glossary pod Intorno . Summary Nance Status Elm* Farm Property uc Hood Standing Formation dale 0511812022 ID numbsr 20221497365 Forte Limited Wittily Conw.nv Periodic report month May 5745 YVaverley Ave, Firestone. CO 6E1504-5867, US Jurisdiction Principal office street address Prinetpot Wei msiUng address 5745 wavertay Ave. Fusstorie, CO 40554-58557. US Registered Agent Noma Richard K Johnson Stmt address , 5745 yyavertey Ave, Purslane.P160060104-5807,I201 Melling addrmis 5745 Wevertey Ave, Firestone. CO80504-4357, US Egg t ftw B_ g111Stgt►grs Gel a of aced standul0 Gel n ones entries of dos:m de F� Set ss senate ia rws04 fillna Zebrine. to email mermaid, Unsert(6550 tare email 8elific rrrcm Siusonbe re tesincer(sario1 tnssbacntre horn text nntittca6gp Sack trttpaliwww,colerddo sievibitd8ustoossEntityaelalLdOentityid2=202214973888masterFiieid=20221497386&nametYp=ENTSerch7yp=ENTITY 171 48356 06/17/2022 09:49fiM TotaF 'ages: 1 Rec Fee: $13.00 Garry Koppes - Clerk and Recorder, Weld County, CO STATOIENT OF AUTHORITY x'`:;'"(38-30-172, C.R.S.} 1. This Statement of Authoriy relates to an entity named Barclay l'enn Property LLC, a Colorado limi etd liability company And is execuler(cr1 behalf of the entity pursuant to itieppYovisions of Section 38-34-,1.72 C.R.S. ; •,.. 2. The type4t=e lhty is a LLC 3. Thehi►ailing address for the entity is: 4. The entity is formedvnder the laws of COLORADO 5. The name offs person(s) authorized to execute•knsfruments conveying, encumbering, er'otherwise affecting fRle to real property on behalf of the,ybtfly is: H., RI9 ARD K. JOHNSON, GENERAL MANAGER • The authority of the fo,re,going person(s) to bind the entity is :Nat limited OR CI Limited as foll,oA . 7. Other matters concerning the manner in which the erat'deals with interest in real property.,, State (Colorado CAAnty of Weld 71, Le The foregoin Irument wayicIrnowledged before me this ay of June, 2022 by Richard K. Joh0son, as general ma of Barclayynn Property LLC, a Colorado unlit r ` __ s. t 3tb�f2`I PUELIC Of COLORADO t NoTAR, ID 19994004351 t 9yyl1SSI„ ON Ek°1RESAPRIL2 _,,,,,_3{ Page 1 ail _ 4837544 Pages: 1 of 2 06/24 .12022 12:23 PM R Fae:$1b de D Faa:$0,00 Carl .Koppaa, Clark and Raoordar;,Wa1d County , CO Spec**`Warranty Deed (Pursua C.R.S. 38-30-113(1)(b) Grantpr Barclay Farm Property, , A COLORADO LIMITED- BILITY COMPANY, whet treet address f $745 Waverley Avenue F(gytone, CO 80504, Town of trestone, County of Welc}- �hfd the State of (?� tcolorado for the consideon of ($10.00) Ten doll `hand paid, hereby sell conveys to Barclay Farm Property LLC AbLORADO LIMITED LIABJl7 COMPANY, whose strdddress is 5745 Waverleyz Avenue, Firestone 80504, Town of Firestynd, County of Weld and the State of Colorado, To wit Tract 4 of prairie View Ranch Tracts located in the SEX of Section 14, T2N, R67W of the 6t" p.bA , Weld County rado described as folloWst oi5 ( 2')'S Seeihibit "A" Legal DescriptiotnAttached: ;,aaso known as VACANT, FORT LUPTON, CO ER(41- With all of its appyrtOtances and warrant(s) the't(tle to the same against ali persons claiming under m (us), subject to;St iGtory Exceptions. = ° ` Signed thjgday of June 24, 2022 �C, BAI C Y FARM PROPERTY LLS, `QOLORADO LIMITED LIABI Y COMPANY ,� Cs, The foregoing instry,rr t was acknowledged bef me on this day of June, 1022 by RICHARD K JOHNSON, MAIWSJING PARTNER FOR BAFtcy0<FARM PROPERTY LLC, �1C-f O ORADO LIMITED LIA0iktTY COMPANY Witness y hand and official seal My,0111mission expires on qL-1-i'2oZ. ILEEN P TRACY NOTARY PUBLIC STATE OF COLORAQ NOTARY ID MY COMMISSION 09/19/2025 4837S44 Pages: 2 of 2 06/ ./ 2 12:23 PM R Fee:$ .00 D Fee:$0.00 Cu `KbpPeys�, Cl�Irk alndy�Raoorder l 1d County�AI'tt Wild �I 'i iilI114171':i" O4414f�hi NIMAWI'Yi ld It : P303.682.1131 F 303.682.1149 June 21, 2022 :: info c* ts.us vrv�fe2l�Lilarts.us :: 1500 Kansas Avenu, i0e 2-E Longmont, CO 80W,,' A description et a Tract 4 of Prairie Viet "Ranch located in the SE 74 of Section 14, T2N 7W of the 6th P1!�, in Weld County, Coloraao. For: Johnson & Associates, LLC LEGAL DESCRIPTION All of the SW1/4 of b SE1/4 of Section 14,E N, R67W of the 6th PCounty of Weld, Stat€ , Colorado, more P icularly described as foil ws: COMMENCING at the Southeast �C�prner of said Section 1,$,, from which the S1/4 Cprnef of said Section 14 ears S89°59'22"W, 2,6W.77 77 feet (Basis of Being), thence S89°59'22" 1315.38 feet along .South Line of the SF) Of said Section 14 to the -E1/16 Corner of said, ction 14 and the POINT OF BEGINNING; c . 'Thence S89°5922"W,,4 5.38 feet along the Sppia Line of the SE1/4 of Section 14 to the S Corner of said Sec t5oi t4; Thence N0°0833"W, 1320.28 feet alonnlhe West Line of the SW4,1of the SE1/4 of said motion 14 to the C7Vi16 Corner of said Sectio#,;1 4; , ; . _1 ;; j, Them S89°58'28"E, 1314.85 '&6i along the North Line 8f the SW1/4 of the SE1/4 t`said Section 14 ,t?r, he SE1/16 Corner of saiti; `ection 14; -' ; '≥� si`;v a Thence S0°09'58"E, 1)t9.46 feet along the East Line of the SW 1/4 of tl e' El/4 of said Section ≥,1 the POINT OF BEYNNING. Area = 39.A48 —acres, more or less. NOTICE: Accordin(;t �i, Colorado law you must commence any legal settelt based upon any defect in this- J survey within thre(years after you first discovered,suj' defect. In no.;-eveolt, may any action based a* my defect in this sil&oey be commenced more than lsli:years from the4aoe of the certification shown herd]; ‘,01111011I ``°A1p iiRiE OQ O .. Frank N. Z) x 1 O s r Colorado',pfpssrdal Land. 01 Surveyor ld`4 405 1500 Kans 40�,� ?-E ticsiiont, CO 80501 iii/" �� l Date: i r��u24'!,�� Fil€ ;"-15730-Ig1 Tract 4 062122.doc ? Project: 1673-0 Development Servi Os or the Communities of th¢,'Ftiture DEPARTMENT OF PLANNING SERVICES PUBLIC FACILITY DIVISION (PFD) ADMINISTRATIVE REVIEW Case #: PFD22-0004 Planner: Molly Nelson Submittal Date: January 6, 2023 Applicant: Barclay 5745 Waverly Farm Property Avenue. LLC Firestone, c/o Richard CO 80504 Johnson Parcel ID #: 1311-14-4-00-070 Legal Description: i The SW4SE4 County, Colorado of Section 14, 2 North, Range 67 West, of the 6th P.M., Weld Township Location: North 23 of and adjacent County Road 20: Approximately 0.25 miles of West of County Road PFD Lot Size: +/- 3.099 acres Remainder Lot Size: +/- 36.38 acres PFD Water Lot Source: Proposed Well PFD Disposal Lot Sewage Source: Proposed Septic The Public Facility Division criteria and process are detailed in Chapter 24, Article VIII of the Weld County Code. Referral Agency Review: The Department of Planning Services' staff has received referral responses with comments from the following agencies: ❖ Fort Lupton Fire Protection District, referral dated January 6, 2023 ❖ Colorado Division of Water Resources, referral dated January 11, 2023 ❖ Weld County Department of Public Health and Environment, referral dated January 10, 2023 ❖ Weld County Department of Planning Services — Development Review, referral dated January 11, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ❖ Town of Firestone, referral dated January 9, 2023 ❖ Town of Frederick, referral dated January 20. 2023 ❖ Weld County Department of Planning Services — Code Compliance. referral dated January 6, 2023 The Department of Planning Services' staff has not received responses from the following agencies: ❖ City of Fort Lupton ❖ Colorado Parks and Wildlife Narrative The proposed application seeks to create a lot for benefit of creating a permanent, legal lot for the Fort Lupton Fire Protection District. This Public Facility Division (PFD) is creating a 3.099 -acre PFD Lot with a 36.38 -acre remainder lot. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the Lot Line Adjustment Overview and Standards per Sections 24-10-10 and 24-10-20 of the Weld County PFD22-0004 Page 1 of 6 Code have been met. This Lot Line Adjustment is approved with the following conditions of approval in accordance with information submitted in the application and the policies of Weld County. 1. Prior to recording the plat: A. The applicant shall address the requirements of the Department of Planning Services — Development Review as stated in the referral response dated January 11, 2023 and submit a drainage narrative. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. The applicant shall address the requirements of the Department of Planning Services — Development Review as stated in the referral response dated January 11, 2023 and submit a traffic narrative. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall address the requirements of Colorado Division of Water Resources, as stated in the referral response dated January 11, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. The applicant shall acknowledge the comments of the Fort Lupton Fire Protection District, as state in the referral response dated January 6, 2023. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. E. The applicant shall record new deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception number of the Public Facility Division plat. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. 2. The draft plat shall be amended as follows: A. The map shall be prepared per Section 24-8-50 of the Weld County Code B. The plat shall be titled: Public Facility Division # PFD22-0004 C. The plat shall include Weld County Plat Notes listed in Section 3 of this document. D. The plat shall include the certifications contained in Chapter 24, Appendix 24-D of the Weld County Code. Do not include the Board of County Commissioners Certificate. E. The Public Facility Division lot shall be designated in alphabetical order from PFD Lot (3.099 acres) to the remaining acreage (approximately 36.38 acres) on the plat map with a legal description for each new parcel created via the Public Facility Division. F. The lot to be utilized by the public facility shall be designated as "PFD22-0004 Lot" on the plat map and legal description. G. The plat shall show the location and setback radii of any active, shut-in, or plugged or abandoned oil and gas wells and tank batteries. H. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. County Road 20 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. PFD22-0004 Page 2 of 6 J. Show and label the permitted access point onto CR 20 and include the usage type. (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). K. Show and label the drainage flow arrows. L. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 3. The following Plat Notes shall be placed on the plat: 1) The purpose of this Public Facility Division, PFD22-0004, is to create a permanent, legal lot for Fort Lupton Fire Protection District, consistent with the intended purpose of a Public Facility Division. 2) The subject public facility is subject to compatibility and permitting requirements per Chapter 22 [Comprehensive Plan] and Chapter 23 [Zoning Ordinance] of the Weld County. 3) The lot which contains the public facility shall not be further divided by land division process as described in Chapter 24 of the Weld County Code, as amended. 4) The lot which does not contain the public facility may be considered as land eligible for future land division utilizing the Planned Unit Development, Minor Subdivision, Rural Land Division or Public Facility Division processes. 5) Public Facility Divisions lot lines may be amended utilizing the Lot Line Adjustment procedure as detailed in Chapter 24, Article X of the Weld County Code, as amended. 6) No Planning or Building permits shall be issued for any improvements on the lot which contains the public facility, except for permits related to the public facility. 7) Any future structures or uses on site must obtain the appropriate zoning and building permits. 8) 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 Public Facility Division number. 9) 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. 10) No building unit shall be constructed within two hundred fifty (250) feet of any oil and gas facility, nor within fifty (50) feet of any plugged and abandoned oil and gas well. No other building shall be constructed within fifty (50) feet of any oil and gas facility nor any plugged and abandoned oil and gas well. 11) Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld County Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. 12) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. 13) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 14) Access on the site shall be maintained to mitigate any impacts to the public road including damages PFD22-0004 Page 3 of 6 and/or offsite tracking. 15) 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. 16) 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. 17) The historical flow patterns and runoff amounts will be maintained on the site. 18) Water service may be obtained from an appropriately permitted well. 19) The parcel is currently not served by a municipal sanitary sewer system. Sewage disposal may be by on -site wastewater treatment systems (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 20) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. 21) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 22) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which 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. PFD22-0004 Page 4 of 6 Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. Next Steps: Per Section 24-8-50 of the Weld County Code: A. The Public Facility Division revised draft plat shall be submitted once an application is approved. The applicant shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised plat. There may be subsequent rounds of review. B. Upon approval of the draft plat and completion of the conditions of approval, the applicant shall submit the signed and notarized approved plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning Services. The approved plat and additional requirements shall be recorded within one hundred twenty (120) days from the date the administrative review was signed or from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. PFD22-0004 Page 5 of 6 5. Enforcement: Per Section 24-8-60 of the Weld County Code: A. If the Public Facility Division plat has not been recorded within one hundred twenty (120) days from the date the Staff Report was administratively signed or the date of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions within one hundred twenty (120) days of approval, the Director of Planning Services may grant an extension for a period not to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the applicant is unwilling to meet any of the conditions of approval or the extension expires, the application will be forwarded to the Board of County Commissioners for reconsideration. The entire application may be considered for denial by the Board of County Commissioners. Alternatively, the Board of County Commissioners may consider upholding, modifying, or removing the contested conditions of approval. B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance may result in locking of the lots and withholding Weld County permits. C. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land has been approved and recorded per Section 30-28-110(4), C.R.S. 6. Plat Recording Process: Per Section 24-10-40 of the Weld County Code: A. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners. If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by the Board of County Commissioners, the Chair of the Board shall sign the plat. B. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. C. The Public Facility Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. Per Appendix 5-J of the Weld County Code: D. Should the plat not be recorded within the required one hundred twenty (120) days from the date the Administrative Review was signed, a $50.00 Recording Continuance fee shall be assessed for each additional three (3) month period that the plat has not been recorded, beyond the initial one hundred twenty (120) days. 7. Recording New Deeds: The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the Public Facility Division plat. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. kt(r-) By: Molly Nelson, Planner I Date: February 8, 2023 PFD22-0004 Page 6 of 6 Hello