The URL can be used to link to this page

Browse Search

Home My WebLink About20230135.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF THREE -LOT LOT LINE ADJUSTMENT, LLA22-0030, FOR REMOVAL OF LOT D - DRIETH FAMILY TRUST, C/O CYNTHIA REDDINGTON, TRUSTEE 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 November 16, 2006, the Department of Planning Services approved Four -Lot Recorded Exemption, RE -4543, and WHEREAS, on July 27, 2022, the Department of Planning Services, approved Three -Lot Lot Line Adjustment, LLA22-0030, of Recorded Exemption, RE -4543, and WHEREAS, the Board has received a request from the current property owners, Drieth Family Trust, do Cynthia Reddington, Trustee, 325 Cook Street, Denver, Colorado 80206, represented by LandProfessionals, LLC, do Mark Drouhard, 103 Blue Heron Court, Mead, Colorado 80542, to vacate Lot D of Lot Line Adjustment, LLA22-0030, located on the following described real estate, to wit: Lot D of Lot Line Adjustment, LLA22-0030, located in the NE1/4 and N1/2 SE1/4 of Section 6, Township -3 North, Range 68 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 Drieth Family Trust, do Cynthia Reddington, Trustee, for Partial Vacation of Three -Lot, Lot Line Adjustment, LLA22-0030, of Recorded Exemption, RE -4543, for removal of Lot D, be, and hereby is, approved, subject to the following condition: 1. As described in Sections 24-11-50.H and 24-11-50.1 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 4878303 Pages: 1 of 2 01/24/2023 03:03 PM R Fee:$0.00 Gc'.PL(TP/MN/Ko)APPL, 2023-0135 Carly Koppes, Clark and Recorder, Weld County , CO RPPL. ReP. RE -4543 IIII �U�1�1� I��Vf �� iJ��i � � 4�� Oki 11 III of /3./23 PARTIAL VACATION OF THREE -LOT, LOT LINE ADJUSTMENT, LLA22-0030, FOR REMOVAL OF LOT D - DRIETH FAMILY TRUST, C/O CYNTHIA REDDINGTON, TRUSTEE PAGE 2 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: da,f,A) Weld County Clerk to the Board eputy Clerk to he Board County - •rney Date of signature: 01/17 /23 4878305 Pages: 2 of 2 01/24/2023 03:03 PM R Fee:$0.00 Carly KeMP.B, Clerk and Reee der, Weld County , Co Dili I��. iiil+H I 'V GIZi1 �4�� k ialat«'�� Wkh 1I II 1 2023-0135 RE -4543 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Kim Ogle, Planner Subject: Vacation of Lot D LLA22-0030 Hearing Date: January 9, 2023 Owners: Drieth Family Trust Legal Description: Lot D of LLA22-0030; situated in the NE4 and N2 SE4 of Section 6, T3N, R68W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 3 approximately 0.25 miles north of County Road 36 Parcel Number: 1207-06-1-00-023 Total Parcel Size: +1- 125 acres Zone District: A (Agricultural) Summary: The property owners request to vacate Lot D, being the largest lot of Four -Lot Recorded Exemption RE -4543, recorded April 26, 2007, reception # 3471637. This Recorded Exemption divided a parcel into an approximately 4.182 -acre Lot A, a 2.253 -acre Lot B, a 2.277 -Acres Lot C. The property owner completed a Lot Line Adjustment LLA22-0030 to modify the parcel boundary of Lot D from 150.986 -Acres to 125.0 -Acres. The LLA22-0030 plat was recorded October 12, 2022, reception # 4860722. No easements were dedicated on either the RE -4543 plat or the LLA22-0030 plat. The access to said lot is not affected. 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. 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. 2023-0135 I9 Vacation of LLA22-0030 Page 1 of 2 Rt.-11543 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 conditions. 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. Vacation of LLA22-0030 Page 2 of 2 Vacant Request Letter To: Department of Planning From: Drieth Family Trust utd. 4/23/2019 By: Mark Drouhard — LANDPROFESSIONALS, LLC, Authorized Agent As per the requirements of the Plat Vacation, owner is requesting the vacation of Lot D of LLA-0300 which is currently 125 acres. The purpose of this request is to create a 35 acre dryland vacant parcel and the residual 90 acre vacant parcel (see draft survey). There are no improvements on this parcel. The existing easements are shown on the LEA -0300 Survey Plat. A portion of this property is irrigated with a center pivot, but the farm is way short on water (Supply Ditch). The 35 acre parcel will be a dry building site, the 90 acre parcel will continue to be irrigated with a center pivot for the month of June (river run for the Supply Ditch). Unfortunately, with the new 35 -acre rule, owner would have preferred to complete a Recorded Exemption under the old rules, creating a smaller rural parcel/lot and preserved more into open farm lands, but now we are requesting the 35 and 90 acre parcels. LAND SURVEY PLAT A PpIA 0 THE NORTHEAST TITER AND THE NDRTH HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 6B WEST OF THE 6TH P,M., COUNTY OF ELD, STATE OF COLORApO. +pL.v � IMrM .s ti.rw r. tr�ww..r w. rr �.Y.r NM w� W ti1N YII» WI4 MU MlL �LDi� .oI T1 P•zz-osn +.v LOT LINE ADJUSTMENT # LLA22-0030 EI'40NMIhMA7idIWYIgIYMgIU'JY{lW �XI L0 I' f3, C AND D OF RECORDED EXEMPTION N0. 1207-06-4 RENTS, LOCATED IN THE NOR.HEAT QUARTER AND THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 68 WEST OF TIfE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. PUT NOTES: e)ami. er rn. wue cm.. y rs.. w, w r.m.a...r cwew s .um..«« w rm w., wry,mr ,e uw<. rx wsxr. i a) .«.e. an m. Nr. u,w « memrm« so mnpore wr tinPo<r. u ro xmi„a�ir row•..e .cme mmrm„ .. x..,, m in,. qd. ev iii �.: <.a .rm.,<.,,me.. w1e9v wmir rogk.rim.. to w >rim m ..cn eaea enmi �.a.w the wr«a�q+uiim ewa mmi w«7m °r . ••Ei)P4� a o .°...,e m• wn°uce„ i'me .. erre.r °r u• r«e w,1.Kre.c « ,';.- <.,.eer. a :�� ;r., ,q r e..mw rr , m..m„m..r „ �.<r m e. a .�:� .w a ,..n.<� w ,• r n�..,, „,n. 's) N r m me wmuw. or «rew. m mn we ew rr cm...n• .wew «reme .. m.e..rw x,m u. �eo-mr-vn&vv imowr P«. w,° w° e« me.<r c« „ar„e. •• m m. r« em,w,.. m m. cw. r m rr ... .awu.cee an v otecue v�P.ry np.w m° em�em'.•m o..�.'.•.nede ne orNr°w r« .ovrw y r <.wn LEGEND GENERAL NOTES: nm. mu dwa .•o.� hn.mdb. ma nrwmme. w°w.e oe/m�'.e t �mo� e « mm w �' �e<°...n r"e maid �rmm rwe, `°— PROPERTY DESCRIPTOR: PROPERTY OWNER'S CERTFICgTE: tn.). u e.e ww.rr .. •.« rrf h u DEPARTMENT CF PLANNING SERVICES' mOMeNIFTRgTVE RENEW CERTi PTEOF eAcP c . ei c�°mo �•e v' a s..a. •r eL4lebu-w w.mrs�.e. aa.ow.aq« «r>. ,.. m.�mr ��AAv.,�rrobJn rftl511NE RANStEM NoranPUNUG jTATE OFGOL(NUDO NmARr lozmsaMezT Ytl55DN E%RRFSARE �.IDN n Swncei Ca o��15 �10b] • Smla o o eo nypiia enenu 11°n for ProleeaimmP En�q veers �aee Prorseelond n 2 DRIETN LLA �IIM�Cd1All#`1W M""MNh NLJI(hlh: F� MINI m o,rrn (Mom o0 of Da�x7 m r LOT LINE ADJUSTMENT # LLA22-0030 LOTS B, C AND D OF RECORDED E%EMPTION N0. 1207-06-4 RE -4543, LOCATED IN THE NORTHEAST QUARTER AND THE NORTH HALF OF THE SOUTHEAST OUAR TER OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH F.M., COUNTY OF WELD, STATE OF COLORADO. LEGEND a/v pn ar w� y ul 11b, °na/v a,e/mn e'r u�ri xa Colo ��S �SDn6Y ncei z� >.# >y aa N Y Z Q 94( J J i3 Zq 27 LOT LINE ADJUSTMENT # LDTS T: C AND D OF RECORDED E%EM PTION N0. 1207-06-F RE -/,513, LOCATED IN THE NORTHEAST QUARTER AND THE NORTH HALF OF THE SOU THFAST QUARTER OF SFC'ION 6, TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WFI D, STATE OF COI ORADO. PUT NOTES: .�i .i.• H• n. +.mvn. ° f r• n wd w��«• m w v«c, v��v. m •uen a«a •n•i incM1,e• in• Lei p ar,e Cvece o nen m e«wa�• .e�m vv r •u ium� vue �r. vum..r e a vvmeeeinr. v+m� «+iv ua 5m+u« �.e� -e�• a. +.«nKe�.o+ =i : •vr r�t:i�wd a. •gym. ena it wev .w.:r <w• . •ib.i •i ine �.i+• ai cmm•.dien even. �ww.unmi. m n..e «- r t Sol A.n a «r m ma w• w+•vv :.rn.. i.m�r �mlrsl i«. e r d v m we.ee..e w ma 4s .+�. nm�. .r snm, ve i :o me v.am vv � voa � ar :... «• m aqv ,. me.v vmm. .. :•. 1,11.7....«..=, Woad r« vw,an•. .�Ielv�� ei Please remove as This tloes nol appear applicable. LEGEND Q�w«re.mva w�� qnm o��«. re �m.,..«m., .« >., >�« er mm•..me w «,«,..�.i o �,. w.. c r r m..«>... LLA22-00301 PROPERTY OWNER'S CERTIFICATE: DEPARTMENT OE PLANNING SERVICES' ADMINISTRATIVE R LZVICERTIvFIwI OFAPPPROmA v. Fe ,w.m DRiETH LLA LOT LINE ADJUSTMENT # LLA21-0030 LOTS B, C AND D OF RECORDED E%EMPTION NO. 1207-06-A RE -A6<3, LOCATED 'N THE NORTHEAST QUARTER AND THE NORTH HAIF OF THE SOUTHEAST OUAR TFR OF SECTION 6, TOWNSHIP 3 NORTI i, RANGC 68 WCST OF Ti IC 6T11 P.M., COUNTY Of WELD, STATE OF COLORADO. •�//.G).M a n..im mbY. a �i%rsnotri r.� mo nnnr�m rve .oe�ioi, nawwe N% t/�orfl 9277 1I AIIN IHII N� YY YIY NIYN YRI IY NIII YY IIY .11,1 Y�IDaA'[.ro•EbL."b°: d�MCi II...,. NO S I _ HOWARD LATERAL DITCH MONUMENTATION DETAIL slsa5>Sew JAJ.ca CM�SETR CW3NIT ROnD) / j J i N:AI NOT IN iHIS RE / — _ 58_38'w _ 5.34.., 005 3R.s sR 58G'59'�4'W SET 15' WIfxE55 CORNER s[E wONUNENT.rION �- DETRII ABOVE LOT "0" 150.986 ACRES CEN[ERB „EP IroN 6, RBBW I FOUND 2" 886 ACRES +/— 5w CORNER N UP L5 ]35W. IAAJ LINE n0 5 PEBNR 1-I/2 UNLESC NOi 5 O 5 EO iHERW15E ..ESS CORNE4 M1 NRFitTEEAI ofNs— sumE�Eo)5 IR41Wi10 N LITERAL x,TGx o I LKE Di 5PMY JHE � I NO3'31 Zs? � ExISi'•xC OIiCy PC Lor .e 8 �E� , ��l ,x LNI x PLEE55 •u ..00.�e .-, e r 5C�Jr µ 30' l0i P PCCE55 x R50W EWx WIT l.3 fxVLLWG ACCLS5N[PSEwCNI �U6.03' E � t/aC50ECi10 VICINITY MAP NOTES: ') PI es mee � ue,woeF ara P <eEea. Ixl the a 1nlnon PP a •e Ix� wwm Nc � r eoae�<tx<,oR�l,eaxePleo�u n9 m<e,„«a I.nm tn< Nn�,.< a -PI- y x<. 2000 RECORDED EXEMPTION N0. 1207-06-4 RE -4543 P P.RCEL DF Lum LW.RD M ra wsi W.AF[R •VO iN[ NORM ON[-MYf slxrc "::: wE OE Wu tt 7i7 w[RI04N� CNi7iE WFIAx. R,LxoE� OLORWW, LEGAL DESCRIPTION: OF rnE SOUiNFAsi OURR[ER PND THE �Icu of o' E sl.r,t vmNGlvu wEmDIPN BEING WORE RnPi IMLT CESCRlilEO as FOI�lOW5, ix Tn. orsc.po PROPERTY OWNER'S CERTIFICATE: IxN. ,E woExwGrm, a�xc ,rE zolt owxFgs; w •EE a nW ,cLon u. an. R�ilano. Bulleinas Inal me.l ♦xP us[s � 5Pa+u �� <�� PnwR wsss n i D4N?FROw IwHENCEEiNFIH. < „eJ to ewv+nx L w1[TM OE.. <. PIP ^9 eP nxiM1e r5me(Or _I I) J IO a PmR[s <. W.[sx nx ass 11Z� �ww., ,o�: . emn mPR<t « exa n< „e.m,.ele.io.�• G Pea F«. xP.<w E� ^oJ1Y�7 mro acouPV . BASE OF BEARINGS: IE J. MOOIff �4RY PUBLIC 2?P coLORAoo .RR�WFG R. „N T�.�Lw"Ww R xPi L<PxP 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@weldgov.com. Date: January 9, 2023 Time: 9:00 a.m. Applicant: Drieth Family Trust c/o Cynthia Reddington, Trustee 325 Cook Street Denver, Colorado 80206 Request: Partial Vacation of Three -Lot Lot Line Adjustment, LLA22-0030, for Removal of Lot D Legal Description: Lot D of Lot Line Adjustment, LLA22-0030; located in the NE1/4 and N1/2 SE1/4 of Section 6, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 3; approximately 0.25 miles north of County Road 36 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: December 29, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF LLA22-0030 Owner DRIETH FAMILY TRUST DRIETH FAMILY TRUST C/O CYNTHIA REDDINGTON, TRUSTEE ATTN: MARK DROUHARD LANDPROFESSIONALS, LLC Address 17875 COUNTY ROAD 3 325 OAK STREET 103 BLUE HERON COURT City BERTHOUD State Zip CO 80513-8021 DENVER CO 80206 MEAD CO 80542 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 Lot Line Adjustment, LLA22-0030, in the United States Mail, postage prepaid First Class Mail as listed above. rR C EN II O Q" ru QT' 1 ow Ps I 173t te, Z Dated the 29th day of December, 2022. Omit rn . LJDaA (A)cJ� Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com-% L 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 $ Adult Signature Restricted Delivery $ $ Postage $ Total Postage and Fees Sent Stre liZq Postmark Here ram; tAi -erriA/z•F Poe°x Road 3 c0513 - PS Form 3800, April 2015 PSN 7530-02-000-9047 a 2.1 O N r1 rR a r• a a U- ru N M U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. rIFFS L Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ O Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ $ Postage To t S T Stre� Postmark Here stage and Fees t-> .M. OtiAltbale- re - - - - --wa`�'t ? by f' Gc� dc:,'rte r�A r PO qx No. ll � a alt 1 e ZIP+4 a ....1s1 A ssau ift I PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION a) i a) .Q eCTI U 0 E ›� c 0 -c O y-- v5 O ce .wP- as E ea) c soca ccs ID fl. U cv-00E +aa r= ° N 171 E m U U o N .S - a) o , sc U' .� U c c c Ct O C,) 0_ ccoo<4-1 OIII NI I 0 O o •«•a s_ c 0 a .5- 0 > 0 O O Q N kp c 1� L4a - Acts •e fak c j Si41 N aUt 0� N N 0 2 Q. X "Fo t �0 0 0) "i a) 0 2 .� I- U C C 0 0 CC i:fl O D 0 VS c 6 76 •E:b2 C C 0n).7)C) a.. cc c0 C ❑❑❑ DO z a) a' ≥ o .� > 'D 4-6 a) .r. U /� •L NU LL Q: 0 0 4iii, as OO a c2200 •U -a U) a) •U U U • -, 4= Q) stt'__ Q ODUor) ❑ ODD Article N 0 U, cc so N r-9 rei Q^ ru r1 Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 pa m r -R rR a CI a-- ru 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 TotalPostage acid Fees $U&VkDb S enLTo Stre d t. N Postmark Here Q rD ?rbc55i�naJ5 L09 O Box No. WO el ar $D5ci!'L PS Form 3800, April 2015 PSN 7530-02-000-9047 6/13/23, 10:02 AM USPS.com® - USPS Tracking® Results LISPS Tracking® Tracking Number: 70192970000011367476 Copy Add to Informed Delivery (https://informeddelivery.usps.comi Latest Update FAQ s Remove X Your item was delivered to an individual at the address at 4:32 pm on January 4, 2023 in DENVER, CO 80206. Get More Out of USPS Tracking: USPS Tracking Plus° • Delivered Delivered, Left with Individual DENVER, CO 80206 January 4, 2023, 4:32 pm • Arrived at USPS Regional Facility DENVER CO DISTRIBUTION CENTER January 4, 2023, 1:18 am iIn Transit to Next Facility January 3, 2023 Arrived at USPS Regional Facility COLORADO SPRINGS CO DISTRIBUTION CENTER January 2, 2023, 7:46 am Departed USPS Regional Facility DENVER CO DISTRIBUTION CENTER December 31, 2022, 9:02 am 71 CD CD Q C) v 7 - Arrived at USPS Regional Facility https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70192970000011367476%2C 1/2 6/13/23, 10:02 AM USPS.com® - USPS Tracking® Results LISPS Tracking° Tracking Number: 70192970000011367490 Copy Add to Informed Delivery (https://informeddelivery.usps.comi Latest Update FAQ s > Remove X Your item was delivered to an individual at the address at 4:30 pm on January 3, 2023 in DENVER, CO 80206. Get More Out of USPS Tracking: USPS Tracking Plus° Delivered Delivered, Left with Individual DENVER, CO 80206 January 3, 2023, 4:30 pm • In Transit to Next Facility January 2, 2023 • Departed USPS Regional Facility DENVER CO DISTRIBUTION CENTER December 31, 2022, 9:25 pm • Arrived at USPS Regional Facility DENVER CO DISTRIBUTION CENTER December 30, 2022, 10:35 pm • Hide Tracking History ii CD CD https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70192970000011367490%2C 1/2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/16/2022 8:26:14 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. C.9a�rvt. u)a)w, �. Signature )71 ►c�1 z� g Date Property Owners Within 500 Feet of Parcel # 120706400016 Account Parcel Owner Mailing Address R4715386 120705000041 NOBLE ALICE DIANE R4715386 120705000041 NOBLE VERNON MICHAEL 5308 ROCKING TREE GROVE COLORADO SPRINGS, CO 809067785 R0055593 120705000061 STILLROVEN FARM INC 17629 COUNTY ROAD 5 BERTHOUD, CO 805138019 R0145894 120705000061 STILLROVEN FARM INC 17629 COUNTY ROAD 5 BERTHOUD, CO 805138019 R8979743 120706100017 DRIETH FAMILY TRUST Lo - 7 1,1-A- r',,e -1)/D5,) 17875 COUNTY ROAD 3 BERTHOUD, CO 805138021 R4720507 120706100020 DRIETH DUANE A 17875 COUNTY ROAD 3 BERTHOUD, CO 805138021 R8979742 120706400016 Li -- C/ DRIETH FAMILY TRUST _ i'J LA -4Z 7- - OL L.) 17875 COUNTY ROAD 3 BERTHOUD, CO 805138021 Parcels: 6 Owner Records: 7 Page 1 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/16/2022 8:26:14 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 # 120706400016 Parcels: 6 Owner Records: 7 nut i L( , 0Q,A Signature rattlic)Z_Te Date Page 2of2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/15/2022 4:21:33 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. (j arud 1 i w`, �1G Signature IZ/IbI2Z- Date Property Owners Within 500 Feet of Parcel # 120706100024 Account Parcel Owner Mailing Address R4700386 106131000066 WASSERMAN CAROL A R4700386 106131000066 WHITT ANTHONY W 18025 COUNTY ROAD 3 BERTHOUD, CO 805138035 R4700486 106131000067 REINKING CYNTHIA L R4700486 106131000067 REINKING RICHARD D 18125 COUNTY ROAD 3 BERTHOUD, CO 805138013 R7502298 106131300077 HUNEKE PAMALA M R7502298 106131300077 BERGQUIST MARCELO R 18100 COUNTY ROAD 1 BERTHOUD, CO 805138018 R4700886 106132000022 WILSON VICKIE S JOINT REVOCABLE TRUST R4700886 106132000022 WILSON WALTER W JR JOINT REVOCABLE TRUST 4665 3RD AVE SW NAPLES, FL 341192927 R3486505 106132300079 MILLARD CHRISTINE L Parcels: 15 Owner Records: 25 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/15/2022 4:21:33 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. (icwi-ni .Ja)I± 17_11 �.t I zZ Signature Date Property Owners Within 500 Feet of Parcel # 120706100024 Account Parcel Owner Mailing Address R3486505 106132300079 MILLARD DIRK G 1081 COUNTY ROAD 38 BERTHOUD, CO 805138023 R0055593 120705000061 STILLROVEN FARM INC 17629 COUNTY ROAD 5 BERTHOUD, CO 805138019 R0145894 120705000061 STILLROVEN FARM INC 17629 COUNTY ROAD 5 BERTHOUD, CO 805138019 R8979741 120706100015 )j (.G 0 DRIETH FAMILY TRUST L - t -t -A z.--66---) 17875 COUNTY ROAD 3 BERTHOUD, CO 805138021 R8979743 120706100017 1,0 4- D DRIETH FAMILY TRUST La 4— t LL44- z.z -btu W') 17875 COUNTY ROAD 3 BERTHOUD, CO 805138021 R4720907 112`0706100024 LAft 4 ) DRIETH FAMILY TRUST 17875 COUNTY ROAD 3 BERTHOUD, CO 805138021 R6778285 120706200025 HABLE PATRICK E R6778285 120706200025 HABLE KAREN SUE 17626 COUNTY ROAD 1 BERTHOUD, CO 805138018 R6786046 120706200031 PARSONS HOLLY B Parcels: 15 Owner Records: 25 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/15/2022 4:21:33 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. dccuttro . Signature 12IILrIZZ Date Property Owners Within 500 Feet of Parcel # 120706100024 Account Parcel Owner Mailing Address R6786046 120706200031 PARSONS ERICK B 17622 COUNTY ROAD 1 BERTHOUD, CO 805138018 R5271508 120706201004 BURLSESON SHELBY R5271508 120706201004 BURLESON ROBERT 17811 KELLER DR BERTHOUD, CO 805132615 R5271608 120706201005 GAFFNEY TAMARA LYNN R5271608 120706201005 GAFFNEY WAYNE MICHAEL JR 17818 KELLER DR BERTHOUD, CO 805132615 R5271708 120706201006 MCCONNELL ANN K R5271708 120706201006 MCCONNELL ROBERT G 17810 KELLER DR BERTHOUD, CO 805132615 Parcels: 15 Owner Records: 25 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 12/15/2022 4:21:33 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 # 120706100024 Parcels: 15 Owner Records: 25 Signature 17))O7,1 Date Page 4of4 Street Address: PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION Lot D of LLA 22-0030 being a part of the NE4 of Section 6, T3N, R68W of the 6th P.M., Title of plat to be vacated: Weld County, CO. S T R ['Complete Vacation (must include all lots)0Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number Acreage Affected Easements D 1207-06-1-00-023 125 all addressed on the Survey Plat associated wit LLA22-0030 which is ceFtelitkimally approved s o b pi,' T ft iK4 c "d,; PROPERTY OWNER(S) (Attach additional sheets if necessary) Name: , DRIETH FAMILY TRUST utd. 4/23/2019 Company: Phone #: 303.888.1488 Email: cindie.reddington@comcast.net City/State/Zip Code: APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Mark Drouhard Company: LANDPROFESSIONALS, LLC Phone #: 970.381.6307 Street Address: City/State/Zip Code: Email: mark aalandpros.net 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 exemption or subdivision exemption. ^� 8/31/2022 Signs u ter or orized Agent Date Mark Drouhard Print: Owner or Authorized Agent Signature: Owner or Authoriz ent Date Cynthia A. Reddington, Trustee for the Drieth Family Trust Print: Owner or Authorized Agent 7/20/2021 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM Drieth Family Trust utd. 4/23/2019 Mark Drouhard, I, (We), Cynthia A. Reddingtoa, Trustee , give permission to LANDPROFESSIOANLS, LLC (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access or OWTS permits on our behalf, for the property located at (address or parcel number) below: //// Lot D of LLA22-0030 (this parcel is eortditieRally approved, awaiting recording 5 (A.W1,7® "/54 t Legal Description: NF4 and N2SF4 of Section �Townships_ N, Range_M_ W Subdivision Name: LLA22-0030 Lot Block Property Owners Information: Address: Phone: 303.888.1488 E-mail: cindie.reddington@comcast.net Authorized Agent/Applicant Contact Information: Address: Phone: 970.381.6307 E -Mail: mark@landpros.net Correspondence to be sent to: Owner 11 Authorized Agent/Applicant g by: Mail Emailg Additional Info: This authorization is for a Plat Vacation request and application Owner Signature: Owner Signature: Date: Statement of Authority 1. This Statement of Authority relates to an entity name Drieth Family Trust utd April 23, 2019 and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: ❑ corporation ❑ nonprofit corporation limited liability company 0 general partnership 0 limited partnership ❑ 0 registered limited liability partnership 0 registered limited liability limited partnership ❑ limited partnership association ❑ government ur governmental subdivision or agency ■ Mist (Section 38-30-108.5, C,R.S.) 3. The entity is formed under the laws of Colorado. 4. The mailing address for the entity is 325 Cook Street, Denver, CO 80206; Physical Address: 17875 WCR 3, Berthoud, CO 80513-8021 5. The X name ❑position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is: Cynthia A. Reddington, Trustee 6. The authority of the foregoing person(s) to bind the entity is ❑ not limited limited as follows: Cynthia A. Reddington, pursuant to Section 6.03 of the Trust has the authority with respect to all matters relating to real properly interests, including oil, gas and mineral rights and any leases thereto with the exception of the sale of real property. 7. Other matters concerning the manner in which the entity deals with interest in real property: See Paragraph 6, above. D�;iieth Fa Lily Trust tttd ri1 23, 2019 rCy t'a A. ington, Trustee t' STATE OF COLORADO ss COUNTY OF Execution Date: d % �1 . The foregoing instrument was acknowledged before me on A. Rcddington, Trustee of the Drieth Family Trust. Witness my hand and official seal. My commission expires: c2 Lj / 12 l 2. 2 CADATA.pdocs4eolcs.InteMili-DriethFronTr-CAR. wpd 4p., . t 1 z `T ;2022, by Cynthia Notary Pu JULIE WEUMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20024000208 MY COMMISSION EXPIRES 04/12/2026 4517271 08/23/2019 01:29 PM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRANTY DEED DELORES A. DRIETH, Grantor, whose street address is 17875 County Road 3, Berthoud, CO 80513-8021 for the consideration ofLess Than $ 10.00, in hand paid, hereby sell and conveys to DRIETH FAMILY TRUST utd April 23, 2019,17875 WCR 3, Berthoud, Colorado 80513-8021, the fallowing real property located in the County of Weld, State of Colorado, to wit: Lot D of Recorded Exemption No. 1207-06-4, RE 4543, recorded 4/26/2007 at Reception No. 3471637, situated in the Northeast Quarter and the North One-half of the Southeast Quarter of Section Six, Township Three North, Range Sixty -Eight West of the Sixth Principal Meridian County of Weld, State of Colorado aka: Vacant Land together with 65 units allocated to said land by the Northern Colorado Water Conservancy District Parcel No. 120706400023 with all its appurtenances and warrant(s) the title against all persons claiming under Grantor subject to all encumbrances, easements and right of -way in use or of record and to all matters of record. Signed this 2-) day of .Y �'3 , 2019. GRANTOR: Ck. �J 11��i✓ Gz Delores A. Drieth STATE OF COLORADO COUNTY OF BOULDER Subscribed, acknowledged and sworn to before me by Delores A. Drieth thisI)I day of t tiff , 2019. SS, My commission expires: PHILLIPS WON,� [SEAL] Nutary F ub�ir, Stott of Cotolado Notary IG „ 1 9944 007 508 MyCOrotthsSlJflExttrr•:;.} g 2012 C:1PA'i'AWvpdacs\rcalesaS,Warrlleed-Drieth-1.at D-Tnat.decd.wpd DEPARTMENT OF PLANNING SERVICES LOT LINE ADJUSTMENT (LLA) ADMINISTRATIVE REVIEW Case #: LLA22-0030 Planner: Kim Ogle Submittal Date: July 1, 2022 Applicants: Drieth Family c/o Mark Drouhard, Land Professionals, LLC Trust, Parcel ID #s: 1207-06-4-00-022, 1207-06-4-00-021, 1207-06-1-00-023 Legal Descriptions: Lot SE4 B, of Lot Section C, and 6, Lot D of R68W Recorded of the Exemption 6th P.M., Weld RE -4543, County, being CO the NE4 and the N2 T3N, Location: West 38 of and adjacent to County Road 3, approximately 825 -feet south of County Road Zoning: A (Agricultural) # of # of # of Plats: Lots: Parcels: One (1) (3) (3) Three Three Lot Before/After: B Size +/- 2.5 acres/ +/- 8.0 acres Lot Before/After: C Size +/- 2.5 acres/ 22 acres +/- Lot Before/After: D Size +/- 150 acres/ +/- 125 acres Water Before/After. Source Lot Lot Lot B: C: D: Proposed Proposed Proposed Sewer Before/After. S y stem Lot Lot Lot B: C: D: Proposed Proposed Proposed OWTS OWTS OWTS LTWD LTWD LTWD The Lot Line Adjustment criteria and process are detailed in Chapter 24, Article X of the Weld County Code. Referral Agency Review: The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Weld County Department of Public Health and Environment, referral dated July 7, 2022 • Weld County Department of Planning Services — Development Review, referral dated July 8, 2022 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Town of Mead, referral dated July 6, 2022 ■ Little Thompson Water District, referral dated July 6. 2022 • Weld County Department of Planning Services - Code Compliance, referral dated July 7, 2022 • Weld County Oil and Gas Energy Department, referral dated July 14, 2022 • Howard Lateral Ditch Company, referral dated July 15, 2022 • Colorado Division of Water Resources, referral dated July 15, 2022 ■ County of Larimer, referral dated July 18, 2022 LLA22-0030 Page 1 of 6 The Department of Planning Services' staff has not received responses from the following agencies: • Town of Berthoud • County of Boulder • Colorado Parks & Wildlife • Kerr McGee OnShore, LP • Longmont Conservation District • Berthoud, Fire Protection District • Weld County School District RE -1J 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 Code have been met. This Lot Line Adjustment is approved with the following conditions of approval in accordance with information submitted intthe application and the policies of Weld County. 1. The draft plat shall be amended as follows: A. The map shall be prepared per Section 24-10-50 of the Weld County Code. B. The plat shall be titled: Lot Line Adjustment # LLA21-0030 C. The plat shall include the attached Weld County Plat Notes listed in Section 3 of this document. D. The plat shall bear the certifications shown in Appendix 24-F of Chapter 24 of the Weld County Code. Do not include the Board of county Commissioners Certificate. E. The plat shall contain a list of the history of land divisions and amendments, which resulted in the parent parcels. Reference previous land divisions by case number, reception number and recording date or deed. F. The new Lot Line Adjustment lots shall be designated from smallest to largest in acreage, on the plat map and legal description, as specified hereafter: 1) Lot B of RE -4543 is now known as: Lot B of LLA 22-0030 2) Lot C of RE -4543 is now known as: Lot C of LLA 22-0030 3) Lot D of RE -4543 is now known as: Lot D of LLA 22-0030 G. Lot acreages shall comply with the minimum lot size in the underlying zone district and/or the acreage requirements per Section 24-11-20 and Section 24-11-30 of the Weld County Code: H. The Lot Line Adjustment lots shall comply with the criteria of the land division being amended per the Standards outlined in the applicable Article of Chapter 24 of the Weld County Code. I. Show and label the existing lot line to be amended with a dashed -line type and the proposed lot line with a solid heavy line type. J. CR 3 is a gravel road and is designated on the Weld County Functional Classification Map (Code_ Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. If the existing right-of-way is not 60 feet, plat shall show the additional 20 feet and label it as "Reserved Right -of -Way." The applicant shall delineate and label on theme 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. LLA22-0030 Page 2 of 6 K. Show and label the existing and proposed access points and the usage types (Agricultural, Residential, Commercial/Industrial, and/or Oil and Gas). Public Works will review access locations as a part of the plat submittal. L. If applicable, show and label any existing access easements across proposed Lot A and Lot B on the plat. (Department of Public Works) M. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-70.E of the Weld County Code. N. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 2., .The following Plat Notes shall,be placed on the plat: 1) The purpose of this Lot Line Adjustment is toiadjustthe boundaries between Lots B, C and D of RE -4543 now known as Lots B, C and D of LLA22-0030. 2) No lot may be amended or divided except in accordance with Chapters 24 or 27 of the Weld County Code, as amended. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) 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. '5) 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. 6) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 7) The access will be utilizing unmaintained County right-of-way. Maintenance of the unmaintained County right-of-way will not be the responsibility of Weld County. 8) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 9) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) 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 Lot Line Adjustment number. 12) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots B,.C and D have an adequate water supply of sufficient quality, quantity and dependability. 13) Water service may be obtained from Little Thompson Water District. 14) The parcels are 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. LLA22-0030 Page 3 of 6 15) 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 16) 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. 17) No occupied building or structure shall be constructed within two hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. 18) 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. 19) 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. 20) 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. 21) 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 LLA22-0030 Page 4 of 6 that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who'must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not , be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. • People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 3. Next Steps: Per Section 24-10-50 of the Weld County Code: The Lot Line Adjustment 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. 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. 4. Enforcement: Per Section 24-10-60 of the Weld County Code: A. If the Lot Line Adjustment 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 th'e 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. i LLA22-0030 Page 5 of 6 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. 5. Plat Recording Process: Per Section 24-10-40.1 of the Weld County Code: 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. Per Section 24-10-40.J of the Weld County Code: The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. Per Section 24-10-40.K.of the Weld County Code: The Lot Line Adjustment 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, Planning Fee Schedule Item #24; (Ordinance 2021-19, effective January 1, 2022), 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. 6. 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 Lot Line Adjustment 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. By: Date: July 27, 2022 Kim Ogle, Planner LLA22-0030 Page 6 of 6 Wine. COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Abraham Drieth and Delores RE -4543 Planner: J. Hatch Legal Description: S2 Weld NE4 County, and N2 SE4 CO. of Section 6, R68W of the 6th P.M., T3N, Parcel ID #: 1207 06 000015 Lot A Size: 5 +/- acres Lot B Size: 2.5 +/- acres Lot C Size: 2.5 +/- acres Lot D Size: 150 +/- acres Water Source: Little District Thompson Water Sewer System: Septic Yes No X x X X X Criteria Checklist 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2 Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district 4. Consistent with efficient and orderly development 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County.. 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. Topographic or physical features of the proposed Lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. Prior to recording the plat A. The applicant shall submit a proposed building envelope(s) for Lot D to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. B. The plat shall be titled: Recorded Exemption No. 1207-06-4 RE -4543 C. Lots A, B and C shall each be granted one access, no circle drives or additional accesses shall be granted. The access road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present. D. The applicant shall provide the Department of Planning Services with evidence that the additional accesses to Lot A have been permanently closed/removed OR the applicant shall submit justification for the need for the existing multiple access points and/or the need for additional access points. The submitted information shall be reviewed in accordance with Chapter 8, Article II and Chapter 24, Article II, Section 24-8-40 of the Weld County Code. E. Lot D shall use the existing 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 3 is designated on the Weld County Road Classification Plan as a local gravel 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. H. The applicant shall attempt to address the requirements (concerns) of Supply Irrigating Ditch Company, as stated in the referral response dated October 6, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. I. The applicant shall attempt to address the requirements (concerns) of Town of Mead, as stated in the referral response dated October 11, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. J. The applicant shall address the requirements (concerns) of Weld County Building Department, as stated in the referral response dated October 26, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. The applicant shall address the requirements of Weld County School District RE -1J as stated in the referral response dated October 24, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. L. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights -of -way. M. Lots A, B and C 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. N. Lot D shall comply with the one -hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. O. 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. P. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 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 construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of 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, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B, C and D have an adequate water supply of sufficient quality, quantity and dependability. 7) Prior to the release of building permit, the applicant shall submit evidence of approval from the Berthoud Fire Protection District to the Weld County Building Department. 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) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 10) 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) 11) 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) 12) 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 operation 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 from 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, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsa,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 , November 16, 2006 Jacqueline Hatch ❑ Planner o r Hello