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HomeMy WebLinkAbout20231391.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0023, OF TWO -LOT RECORDED EXEMPTION, RECX19-0109, FOR REMOVAL OF LOT B - MICHAEL COAN 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 September 26, 2019, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX19-0109, and WHEREAS, the Board has received a request from the current property owner, Michael Coan, 28242 County Road 10, Keenesburg, Colorado 80643-9415, to vacate Lot B of Recorded Exemption, RECX19-0109, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX19-0109; being part of the SE1/4 of Section 17, Township 1 North, Range 63 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 Michael Coan, for Partial Vacation of Two -Lot Recorded Exemption, RECX19-0109, for removal of Lot B be, and hereby is, approved, subject to the following condition(s): 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. 4902836 Pages: 1 of 2 06/09/2023 11:44 RM R Fee:$0.00 Carly Koppes;Cie, and Recorder,, JeeiduCounty , CO ``` cc :PL(TrAiwr J), PPL. 2U1;i-]ivl 06 /14 /23 RECX19-0109 PARTIAL VACATION, VAC23-0023, OF TWO -LOT RECORDED EXEMPTION, RECX19-0109 FOR REMOVAL OF LOT B — MICHAEL COAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddthiv JC.Gt ;e1 Weld County Clerk to the Board BY: o y Attorney Date of signature: O5 Mik man, Chair ry L. B k, Pro-Tem ott K. James evin D. Ross Lori Saine 4902836 Pages: 2 of 2 06/09/2023 11:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2023-1391 RECX19-0109 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Molly Nelson, Planner Subject Partial Vacation of RECX19-0109 Hearing Date: May 17, 2023 Owners: Michael Coan Legal Description: Lot B of Recorded Exemption RECX19-0109; being a part of the SE4 of Section 17, T1 N, R63W of the 6th P.M., Weld County, CO Location: North of and adjacent of County Road 8; West of and adjacent to County Road 65 Parcel Number 1477-17-4-00-007 Total Parcel Size: +1- 112.78 acres Zone District A (Agricultural) Summary: The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RECX19- 0109, recorded December 18, 2019, reception #4551474. This partial vacation of Lot B of RECX19-0109 would result in an approximately 112.78 acre unplatted parcel. Lot A of RECX19-0109 is not a part of this action. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 2023-1391 Vacation of Lot B of RECX19-0109 I Coan Page 1 of 2 -Rfic.X I er-D) (q Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Vacation of Lot B of RECX19-0109 I Coan Page 2 of 2 April 19, 2023 To: Weld County Planning I am requesting that Lot B, RECX19-0109 be vacated. Thank you, -)(Y‘jk.<1,.a Michael J Coan Vacation Plat of Lot B Recorded Exemption No. 1477-17-4 RECX19-0109 T 474 loeated in tM $elsthlGtt t l4 cf S�CttOn t 7, t 4% Rpng.: tt3 4 of tht 8th P.M., County of Wqul, Stote 01 Cdarado Sheet 1 of 2 PROPEFn'�p�TO1�R6E�W�VA�/L�ApEJ1�ERjO:♦ �Rp�- R�Em}iON�Yp�IR WRT p11Ci� THE SDIIMIFAST�1/SECT TOOK TJ d46R11EfMN E 8S VEiT R TXE QIH PRNCIPAI D D1 STATE OI C0.pRM0. AVOW V.4T GID $EC TIX. R!]R WTRR N@MWRT sec. e LIN. R0.]W SEC. 9 T N, RASW 9EC. B T N, RB]W Ai& 5[C 6 T N, RSTW rr NGNO, WP gar, LO COUNTY NOTES: i�uvrtle� A�m,e�+xµo e,oP�aATMTORrft�n eo�u/rr�wpc�� �` G°wm°uwD Nowaus wEEDs oN T.rE snE PUReurar ro 70 K 1Vf01We1L AOW /WTIK 1N0 am.,.00os WLL t 111W0MO OY mg SIR PROPERLY OWNER'S CERTin TC: TR1KCr o"#tN D DO I[ HfTMvi A rNiMw.M,f,,,,. r OGP RFEOIA�i5�SIq�WW M1 n[ YX.Oae" °tom M /E� � THE rccouP,wnNG w,P — PLADT LIMN MIK Ylpllp THE 45bIPMlTNG WP 5 N Ror ABEL, MGnq{, STATE OP CIXOR,➢0 CQPRY OF We6O TIE TOREARG CO0.0.00N Ne OhW1.110011 OPIO WITNESS w YwD ANO SCAL. OAY 6 30 00..O T0031. raE�p � Ee101► Q01MTifpM'K �IeAEMTR p Aq�OYW 'WS WGnOu PUT WAS APRgpIED gy T„E BMRO OF COLLNTv COUP rrl,E5 w NAND AND THE CORPORATE s_Yi aP Nm 000.3, 000 T,y1R�eRTAq SIMKT00Y CgTeLCATIO SURYETOR'S NOTES: 1 II HtSI'+ Of Atte THE YUni LME OF 1NE mtT.iFA5* ,�� OP 73 1T, ,Orr , NORM, R,wcE it W6i OF T4E 01 �Dp 6TIf P.Y.. 6 AS9IUEA 1D BFM SIXIM BPI�SS' RFSr I6 1g1�lIYENIE➢ N[REOM WRN N1 BEVING9 CQRANFD NERFIN HFlAT1£ TNEAETD. 06NEO a E}V ei 30p/D YEI� EVY259D rt+ C.S 9UtKY,WN�RW�Ypg�/pLipy�K51NETiEOF. A LLS. SURhT fWT r [ ttlftLVCS CU4GElp f 01 L L MlrESINLL "t�"�6�Yf1'wii�"i 'ai$r i�"�t�i"°Esw�or1E 1m1o1m wo r+ nm oR oRoee m �1t nw R oenxTo THE use DP T,E Wuw VwY•. M M IwE ii eE TI"Dit uRn`Y'" n rriiha A pR 01 EA9FIIENiG IND .119 p' WM' Of R,21 NN/E , rATF I ANE9RM� WEST VRD SI1M4`�ING C04PN.YN,O A1E 6 EQEON. NO TR4L COYYRYDII WAS PRN1OCp BY nE NFNi fOR iW9 SUPNY. 4lifilE 0. I.LS. ]WDIE T01t AND W�IWf OT AMEIRGx LNIO SUW�21W10 G0. caaRwo colaP'DRuaN K WEL'1 COUN!v, S'A2 DE 0=0.0. a m rArt- lll�E SIu'F mr��p� •A�0l1M•�R�1041W WOR MRMs 1Ra100R1 WAW�Y T41W10,R,WY,W!!•.V Wt�y d Ixot . wwjY Vacation Plat of Lot B Recorded Exemption No. 1477-17-4 RECX19-0109 Located in 1M $ouUNo�t S/� of $11o1P4n 17, Township 1 Nmtb, RO .83, it of County o6-Wal�$tota od Colgto0o Sheet 1 of 2 waar MNW�MERS 6F weD O�WNrvOF COUNTv ♦S RECEPTION N0. SW'Mira' UMW W aV ti.i1YO IN �NNDE� -mot l I L11lig n FG- Ijio' NA. Ii -"toSNi7 nono e g �qa.,y PI s4 rEuoo PEASIIC c.P 0, -DD PIASPC CM LS ROT LOC TOlE 0 P00 400 600 } T 4flw�r R f��MR r r�iiriieuii►wr irMalwbl'w'r r n WELD COUNTY NOTES: 1) REWT IXEM.:101 ON ApIACENG PROPERRES NAT RNSE 1HE ISwE OG COMPLLWCE,2 n1E INRNT OF NE RECONOED E EMPTION PROCESS. MPflOJAL OG 11113 REWRDEO E%EMPRON DOES NOT GURANIEE MPflW11 OF NNflE MPLIGnONs ON ADJWEW PROPERRES. x) ALL PROPoSED OR ENSRNG STRUL47 WILL OR W MEET THE MINIMUM SETBACK MD OFFSET REOVIRan FOR 1NE ZONE O ICf IN WHICH THE PROPERTY 5 LOGTED. PURSUANT TO THE DEFlNITgN OF SETBACK IN THE WELD COUNTY CODE, NE REOUIREO SETBWK IS YGRUREO fROM 1HE FUNRE RICHi-Oi-WAY UNE WO BUIIaNC OR 51RUCTUPE AS DEFlNED MD UMOED TO TRME OCCUPANCIES LISTED AS CRWPS A B, E, N. I, MD R IN SECTION b3.1 OF 1NE 3018 INTEA1NnONAL BWLMNG CODE SHALL BE CONSTRUCTED WRHM A 3W -FOOT RADIUS OF AW TMK BATTERY OR W11HM A 8p -FOOT RWIUS OF MT 4,,EA OR WIMW A 36-iTMT RADIUS OF MY PLVOOED at ABVIWNED aL D CM WELL. AW CONSTRUCTION WRWN A app-FWT RADUS OF AW TMK BATfElO OR 180-FWi RADUS a MY WELUIEW SHNL REOWRE A YARMNCE FROM THE TFRYS OF THIS CHIPTER IN WCORDANLE WRH wBSECRON 33-8-t0.C Oi MIS CODE. ]I LTD' FUNRE SRNLCTUpEs ON US6 SRE MUST OBTNN ME APP ER .740.06.110.00,1.3%01. COYYIS€40.AE115 HI1 0.WCEWRn Ali OFS .EwL Coeescc 07.. BY e) nL rcfFss MD uam EwffYEXrs ME Dmxwrm FOR rHE eEIaFR DF ALL owXERs of Lors pEPIcrED aN r13s nAr. LUDWG OMERS of FlIIURE L01S CRGlEO THEREFROM, REGMOESS Oi LOT CONFICUMTNRI OR HUMBER OF MD WITHOUT UMRARW OF THE USE OR 1NIENSRT Di THE USE OF SUCH EASEMFNrs. NO LOT OWNER WY INSTALL A 61ST OR OINERNSE IMPEDE 1HE USE Of wCH EASEYFHR WITNOUI THE APPROVAL OF ALL PERSONS WRM RMARs Di USE M wCH 101 ARIOR ro THE REIGSE OF BONDING 1.71 , THE APPLICMT sIVLL BE REOUIREO TO SUBMR A COYPIEIE ACCESS APPUGOW Pdt TBELIMINMYILY APPROVED' ILCE33 LOGTION A$ SHOWN ON TH5 PLAT. 111 MY WORK )NAT MAY OCCUPY MD/OR ENCRGCN UPoN MY COUNTY G.:7:r WAY OR EI ....LLL ACWIRE M pOYED RLGXT-Of-WAY USE PERYR PRIOR TO COMMENCEMEW. IZ) NE RISTOWCAL FLOW PATTERNS MO RUNOFF MOUNrs WILL BE MNNTNNED ON TXE SRE. ePM E T&ORWIEF E YR LAS FEpUEM51ED ME 1M�1NE Bu1NINCE PENMR ErTo s EnW1ER1£�GLDEEDOESCRIP110N ON SLMH e N SHALL INCLUDE NE LOT DESIGxF,n0I1 MD RECONpEp IXEMPRON NUMBER. 541 P@qi TO ME REIFa OF BUILDING PERYRs, TILE MPININT MAN =VIA OEPMiYENT Oi PUNNING E CES 11NT LO15 A MD B 1MVE M AOEOGIE WATER SUPPLY OG wFncIEW MO aPENDABIIM. IS 70,NL PoRCINSER5 SHOULD 1;..0rE Ors40,0=7.07/ A WY NOT BE WANE FOR A OaIESTK: WELL PERWT WHICH ILLOWS i0 OIR9IDE IRNIG110N MO/OR iF1E WAIENNG OF STOLN MIMICS. TXE STALE DMSIW OF WATER RESWRCES ISwE5 ALL WELL PERMRB. POIQLIYL PoRLMASFRB SNWLD BE AWME T1MT GRWNOWAIER WY Na MEET ALL aUNNNLG WATER STMDMOS M DFfNED W THE Ca0AAD0 DEPARiMEM OP PUBLk NEN.M MD FNVtlNINYEM. 1NE WEIR LWRTY DEPARMEM O PUBIIt XFK1N MD ENWRaIYEM SIRONOLT ENLWRAOES WF11 USERS ro IEBi MEIR DRINKING WATER PRK)R ro CONSUYPTNNI MD PFINODKNLY MEREMTER. 1]1 PpTEHIML WRCINSERs SNOUID ff AWIAE TINT IPPRWN. OF 1N5 REClj E%E ITT DOES ROT GLWUNTEE 11MT WELL w6L�PEgWLLT THE �AIE FOM90NEOF W TER NESWRC6 ERSUD EEEYSNL I�MELL PEAI�EEIRs. IF 1NE LOT OYMER IS UNABLE TO OBWN A OR O THE CONSTRUCTION OF AW wILDWG wI1ANIS TINT MEET 11g pEFlNRpN rs RILLVIH,TWE OF - 1C0 2YPUOMMCE NUSf BE f1�LED W�IIMY IT]CPIM WNG �ARIIYM REWIRED FOR MY ELECiXMK SEPNCE TO 1HE wILOXC OR WMpt PoR Mtri fEE. 072,17-111M2 M1 p PROPOSEAOND�O�PIINWA6E IYPREo Pi A ro THE FII STRUCTURE OF ME WUHM 301 RlglT ro IXTRALT WNEML R60URCE5 STATEMEM: WELD COUNtt HW SOME OF THE MOST MIINDANT MINERAL RESWRCES, WDING. BUT NOT YMRED TO SMD MD CMYELL,, a , W.NRAL %AS MD COO. UNDER TITLE b M ME WLOM00 PEYIYD SGTUIES, WWNf]LLS ME VRAL FESWRCES BECAUSE (A� ME SGTES tOMMEWIAL MWEML OEPOSRS ME E55FNR4 N Mf STATE'S ECWOW' (B 1HE POPULWS WUNllE5 OF THE STATE FACE A CMIICAL SHORTWE Di wCN DEPoSTISMD (C) wCR DEPOSTIS SNWLO ITT ACCORDING TO A MnOWL PLAN. GLCUUTED TO AVON) WASTE OF SUCH OEPOSfR MD %I THE LEAST PPILIICMLE OISRUPIIW OF 1HE ECOLOGY MD OVILtt OF LIFE OF 1XE CTOZENS OF ME PoPUlAU5 COUNTIES OF nE STALE. NINF� RNES�OIULXCE SIIWFS ME i1M%EOWTOESIHI PROTECTED PROPERTY WGR15 MD MINERAL MESiI%EDEMTO tEN11EIR OEOCWPMGTMEL IVNDI GE AHD YINETNL OWNERS S ULD BE AfFORDE L1/27241,7, TWELD LWNTYB WG1T ro FMN STAIEYEM: WELD LWNT! N d PROpUC 2A 1,7,HE fi1Nr-10iTMEwELD a]uNtt W IONPETMN WRM;ULNPE. PERSONS YpANG IMO A RURAL ARG MUST RE CITN LONG-STANOMC AORN:ULNRAL PRACIICEB AND A LOWER I OME ME INCENINE5 WHX:N ATTRACT URBW bAIILER5 10 RD VICK OF CM NaBE ANO WNCESTON, MD 111E IWP]L ATMOSI fGNR6 WXN:H ATIRNCT IMBYI DW'FIlER5 ro RU21L WELD a ASBOCNTEO W1M RIIS E°Glrgi marELL'TW' IWACrs. INCLUONG MORE F PENS, FIELD WORN. HARVEST AM GHIIVEL RO4D5: DOOR HNIY IlWIl4L LaANENe1T. SXIGf AND WNURE S401tE TROY IXICH wPNING: f1JE5 MO IbSW(IOE5: NUHIMG MO 1PAPNNG ACINRIE5: SHOOTING SPoRIS, IECiLL NA2WG OF NUISMCE WILWFE: Mp T11E l5E OF PESTICIDES MD FERnuTFA5 M ME FIElD5. WCWMHG ME USE G AEgM1 SPMTWG. R 5 La0Tp11 PRACRCE Tat N�RVL APR PTO LMONEL EEWTRMATIO�N fK WSf�11WlEg5 N. CRU�L1�wE XW�5 MTd EPSRWNUCE�IS n Iv6UIL�RdSPMm SNLLL NOTWBE FWNDUTO AMA PEMU&OElC OR PR�NA�TE Nu6MCE Ibf 111E NNI�ULNSR,�LPOPEIMIgN ,WEG �roL BEE 5 fxET°N EMPLOYS YEn10D5 ON PPALlICE5 TINT ME WYMONLT OR REASONABLY ASSOCNIED WRH AGPICULIURAL PROaLLnON. WATER 11,W BEEN. MD COMWUES TO BE. ME UfEIINE Fat TXE AGWWLIIMAL COYYUNM. R 5 UNRFKIs11C TO ASSUME TXAT PROPERTY ONNE�AEs�MOW NE9DENR YUSBEi NFYIIRE'OTNEYUI OCMNOTTTNtYE WATREESR IpQRNE DEVE ONE RCNE5, ELutE5,00P roOR1ERE WUN1Y. SIxUCNflE5. UNLESS MEY RAVE M WJUDIGIED WGNT TO THE WATER. TRR opD. DI WD MG OF PPp%IIMTELY R WSW SpUM MITES IN SIZE f1YlICE ME SIZE a iNE N011E TRM TXREE 1M%ISMD SEVEN HUNDRED MITES OF STATE MD C ROWS OUTSIDE IMGNRUOE OF ME MG ro BE SEINED STRET t5 �NUftE RESOURCES. UW ENFOACEMEM Is RWEEESP�ONS�ESMNCLUgNO IWAWPEN�FOF EMENT,EAMBVIANCE M!D f1FE�FlPEEPROiELTON 5 UBESUALLYELLD VINO MUST LGVE IHDR JOBS MO fMIUEs TO RESPWB TO EMERGENCIES. WUHtt GRAV0. ROWS. NO RE BlWEO. WILL NOT PROVIDE INE SAME VINO OF wRFWE E%PECiED FROM A PAYEp ROW. SNOW UR OREL DS IN ME CWNtt iHW IN M URBAN OR SUBURBM BERING FNiM EWIPYEM MD ES 1ERRTESTb IEEA1. FC u WCS µDEWINEPSU'TOLBN µDO EPENRBUR�NWDREPIaYM i IS I4PORTAM. NOT WLY FOR THEIR $REED', BUT AI50 GOR NE PPoIECl10N OF Recorded Exemption No. 1477-17-4 RECX19-0109 Located in the Southeast 7 4 of Seetion 17, Township 1 North, Range tt est of the 6th County of Weld, State of Colorado Sheet 1 of 2 NCINM YAP SLUE: '3000' SURVEYOR'S NOTES: AM11 BISIS OF BEVau THE SOUM UxE OF THE VPIE S. 1/ OF .a= ] TONNSYP 1 HONTN. ,ri 63 WEST OF 'S P.Y. S ASwYED TO BEM SW111 BW13'S]' WEST AS YDNUYENIED MERTON WRN NL BFMINCs COMNNED HEREIN EUINE THERETO. Z) NL asTANC SXOYIN REHE. TAE GROUND ObTANCEs M U.S N [ 9m UPoN MY DEFECT W 1H6 wkJEY WRNIN AY MY A r BASED IrE AW DEFECT IN TH6 ME CERIIFIGnW SHOWN HE1tE0N. M NO EVENT SNNL O�N�FDPERSONaI� K1JOrR110� RFLB OvECSR 011 ON CO �SESCOMEP ASBE�M�ED IN�SECINRL bLMD W() YCORNUYEMW. AS PESTORATgN OF TAD' BUCK YONUSE OR VINO KNOWMCLY REMOVES OR NNOWMGLY CAUSES ro BE 411, MY BEARING TREE KNOWING wCX IS A BEARING 1XEE OR OMFR WCESSORY, A$ 061NE0 BY SECTION b -BS -10] (��, C.R.S.. EVEN IF sup vF_RSON NW TITLE TO ME LINO W WHICH SND 40NU4EW OR ACCESSORY IS WGTED. COMMITS /, CLUSS 2 iIJD PERSON MAS CAUSED A COLOPIDO PROFESSIOWL LMD SURVEYOR TO 'FERENCE MMNS FOR GCH wCN MWUYENI OR WCESSOM REMOVED IMO RECOPD WPSILVlT TO ARDCIE SJ OF TIRE b. CR.3. B1 CERWFIGnON DEFlNED: THE USE a THE WOPD MERIIFY OR 'CERRFIGnON' W A REasTERED PROFESSIONAL UND S RVYOR, IN 1NE PAACum M VND SURVEYNG, COHSTRUIES M IXPRESSIW OF PROFESSIONAL OPINION PEOMpNG THOSE FACrs OF f1NDINOs WHICH ME SUBJECT OF 111E CERRFlGnON, MD GOES NOT CONSRTUIE A WMRNM OR CUARWIEE, ERNER EXPRESS um. e) EASEMFNTs MD RIGHTS a WAY OF RECORD INVE BEEN RESFIACHEO BY AMERICM WESL VND SURVEYING COMPMT, MD E SHOWN HEREON. NO TITLE CWMIIMEM WAS PRONOEo BY NE WENT FOR 0115 wINEr. PROPERTY DESCRIPnON: LOTS B OF RECORDED IXEYPTION N0. 14])-1]-4 REC%14-OOJS RECORDED JULY 3] 2014 AT RECEPTION N0. 40]23)4 MfNDUN,P�NTY OF WED N� h OF COLOSERAWW i]. TOWNSHW 1 NdIIN. RANGE 6! WEST OF T1E B1H PWNCIPK PROPERTY OWNER'S CERTIFICATE: 111E UNpfRSIGNED. BEING ME SaE OWHFR W FEE Of ME ABOVE DESLgeEO PNOPERM. DD XEAElO sUBDMpE 1HE SME AS SMOYM ON i1C ATTACKED YIP. UNOERBTMD THe PROPExTT 5 LOGIEp IN 1HE AGRKXANRAL xONE asngcT MD 5 AL50 MIENOED TO PROVMIE MEAS FOR THE CaIaMT a OMER USES W RN;11T, ACCESSaN USES IMO 056 BY SPECML REMEW. YNONEL . R...A AfW. 0 l..aLrWV STALE a caoRADo CWNtt OF WELD, ' � 55. wrN _ MD SELL. IWrtA�nn�mi uoo muaem�,i W��t 1 NOT BLIC CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES -ADMINISTRATIVE REVIEW: STATE OF CaalI40 CWNtt Oi WELD SS. WffNE55 W HMD MD sFll, INTO(/T�WARv��A�!�.YPUB�LIC EASEMENT CERTIFICATE: �OF ETNEPUYR OAS SDNOWN OEWR <�HIBTEED FF g SURVEYOR'S CERTIFICATE: MERLE R. A REWSTERED PROFESSgWLL LAND SUMEYa+ W ME STATE OF CWOgIOO W HEREBY CERMY 11NT NIS RECORDED IX PUT WAS PREPARED UNDER W PERSONAL wPERNSION, NM RNi 1M3 PUT Is M ACCURATE RFPRESEMAIgN IREIIEOF. FUITMEA CEIRRY TINT ME SURVM Mp LNIS PUi COMPILES WIN NL MPLN%1BLE RULES REGUUIKW5 MO UWb OF ME STATE OP COLORWO. STATE BOMD OF REGISTUIKM fat PROFEBSOINL ENGINEERS MB PROF6510NAL wmEYars, MD WElO COUNTY. ERLE R. P.LS. ]8048 �R IND ON BENAIf OF l EWCM WE31' UWp SURVEYING CO ;�`�'Iw A COLORADO LORPOR.ATIW {.` �` -4 Yed Lana ,sz ej tag co. b En 1x1. �IMIKV W 11111 r111R�bIW ' IWW�WR/AW4� [ 1 . xm' 1 YMAW R YM 1 bldfD R IaI I bR: NP.ro. N. mIF TR PW Recorded Exemption No. 1477-17-4 RECX19-0109 Located in the Southeast 1/4 of Section 17, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado Sheet 2of2 �._. 80' RIGHT-OF-WM (30' EAd SIpE OF SECTION LINE1 FOR CWN11' RMD B RECOR O MAY 0, 1838 RECEPTON N0. 3&5593. 0..34 9431.E 200 400 600 rizer, red A WwM 9'nR4 0gw.4 - 1/1 Wl V I1ti !t• 1R1 3 FttOI-W-IQ . ,wl I tl[Gffi Im. UII 1 YM[: M.wiror to mtR IeMRpt6: tt-tt-mtR ._4w3tl' te-e,e I fYE x::\Ti-21\llMJfaT\91TR[Calwww.pp� NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Date: May 17, 2023 Time: 9:00 a.m. Applicant: Michael Coan 28242 County Road 10 Keenesburg, Colorado 80643-9415 Request: Partial Vacation, VAC23-0023, of Two -Lot Recorded Exemption, RECX19-0109, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RECX19-0109; being part of the SE1/4 of Section 17, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 8; west of and adjacent to County Road 65 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: May 5, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX19-0109 Owner TRENT AND JORDAN MADSEN MICHAEL COAN Address P.O. BOX 633 28242 COUNTY ROAD 10 City State Zip KEENESBURG CO 80643-0633 KEENESBURG CO 80643-9415 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RECX19-0109, in the United States Mail, postage prepaid First Class Mail as listed above. 1.11 re Cr D D D D D LSI rR Ps r -R D N Dated the 5th day of May, 2023. C.) 1,00A to) c.ic, 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". Certified Mail Fee AL LI r)5 Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) • Certified Mail Restricted Delivery • Adult Signature Required $ • Adult Signature Restricted Delivery $ $ Postage $ Total Postage and Fees S ryttit Postmark Here Jordan ad Se I) Strove- pt. N P Box N 33 �, I I tate, Z1P+4 6 ft1 ./ 1 a ft PS Form 3800, April 2015 PC:4 7530-02-000-9047 See Reverse for Instructions Flo •43 -D i n -M 0 r Fi U) -+ m -4 0 0 11 0 r m -+ 0 -4 X 33 -4 • w w SENDER: COMPLETE THIS SECTION C) < a ❑❑ 0 C) 0 O o }z ❑❑ a i U Q) 2 r U C O -c - • (Dm E N U U -0-C�a U N Z7 1 -in . Q r (U a w V) N -p 4= N (CS U O U O O N E a� o E� o 0) en c -a as a) b cnJ cn N 0 -o -yy 1O (CS a) o To W >- 0 X "cC 'c0 w22 'cv-vv 02 mina) c cn (n > cv cd t o CO a)� CC 'c a) a) a) .0) .0) a) a. cc cc C CO ft DOD DO a) 0 0 a) .5 N a) cc a) 0 a) 2®cc_≥ 'tis CO :.._ " o 0 c c22 c c m v v O O U cn Co a) a) 4-1 '0D N 00 QQ`0000 2 C C O O CO 03 >, E E > cc - U0° e Cl c c-i❑❑tk❑❑❑C N Domestic Return Receipt rip rR Ui D D S U, rR N D PS Form 3811, July 2020 PSN 7530-02-000-9053 m U, a I' CJ U, 1 U.S. Postal Service? CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.corn". 4- 1.1 ,.1 aaCertified Mail Fee Extra Services & Fees (check box, add lee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees N Sent To ctie eocti\ Str Apt ,.qrratx o - lt Ci =tat= IP 4® tP PS Form 3800, April 2015 PSN 7C30-02.-000-9047 5/5 Postmark Here 3-c 4 See Reverse for Instructions N >-z ❑ ❑ r E o E o 4 C -D CD N ≥ D RS � a) vw 1O } 0 4- O a) > a ago C o • O 4-- (/) cci te cd al a -O rs O - (iS o v N - stii O a O ctsr U U O i Q) Q) O 3 +'_C a >, (0 _c a--1 o cr. Qo a . a . Article Addressed to: C) D tti ceC "cr- ‘)c) t, c.. STh rn a. ci 2 O 2 .a. 2 C) a) C, a) cc v i U C .L O N .4-' • tCJ CC E c U a) c� t/) > CO • c cc o in C 0 ci ii DOD ❑❑ a) O ≥ O U -D N U c caN a) a) m I— as 03 0 c c22 c (/) Q 1)) ate) o ) 0 -0 -el a)a)o Q OOO cfi Li NEI El I` 0 co co O co I` C� CT) LCD 0) CD -a a) U a) a) a) O .a a) v a) cr a) 5 mlLi -Q ro U E O 0 C co Q N U, U, Er a a a I= O Ul rig HI D Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/19/2023 8:32:40 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. �JR.VI l,Uph wrrk, ,411 Signature Date Property Owners Within 500 Feet of Parcel # 147717400007 Account Parcel Owner Mailing Address R6778451 147716200005 THOENE CAREY R6778451 147716200005 THOENE KEITH 1601 COUNTY ROAD 49 HUDSON, CO 806428601 R1026102 147717000018 QUIMBY JOENNE R1026102 147717000018 QUIMBY MARK 31545 COUNTY ROAD 8 KEENESBURG, CO 806438300 R8979759 147717100049 LAWLEY STACY R8979759 147717100049 LAWLEY BRAD 25650 MCKELVIE RD ALVO, NE 683041800 R8953441 147717200048 RUUD KARL A 7 CORRAL VIEW CALGARY AB T3Z 3B7 CANADA, R1401902 147717300022 JINER SUSAN L R1401902 147717300022 JINER TERRY 31459 COUNTY ROAD 8. KEENESBURG, CO 806438300 Parcels: 16 Owner Records: 25 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/19/2023 8:32:40 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. Uc cJ "110)T3 Signature Date Property Owners Within 500 Feet of Parcel # 147717400007 Account Parcel Owner Mailing Address R8945243 147717300025 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R5255708 147717400001 MADSEN LAUREN N R5255708 147717400001 MADSEN JASON T 2967 COUNTY ROAD 61 KEENESBURG, CO 806438608 R5255808 147717400002 COLALEO LINDA S R5255808 147717400002 COLALEO VITTORIANO N 3275 COUNTY ROAD 65 KEENESBURG, CO 806438604 R5255908 147717400003 COLALEO LINDA R5255908 147717400003 COLALEO VITTORIANO 3275 COUNTY ROAD 65 KEENESBURG, CO 806438604 R8964285 147717400006 Loo- P MADSEN JORDAN R8964285 147717400006 I" 4- A MADSEN TRENT PO BOX 633 KEENESBURG, CO 806430633 Parcels: 16 Owner Records: 25 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/19/2023 8:32:40 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. _)G1 el 100u to) de - Signature Date Property Owners Within 500 Feet of Parcel # 147717400007 Account Parcel Owner Mailing Address R8964286 147717400007 1.(j-? COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R7811899 147717400013 CARDINAL COMMUNITY ACADEMY 3101 COUNTY ROAD 65 KEENESBURG, CO 806438604 R6778944 147717400016 RAMIREZ ERNESTO CONCEPCION LOPEZ 3161 COUNTY ROAD 65 KEENESBURG, CO 806438604 R6778945 147717400017 SCHISSLER JANEANE M R6778945 147717400017 SCHISSLER RONALD A 3165 COUNTY ROAD 65 KEENESBURG, CO 806438604 R6787466 147717400020 CONTRERAS JUAN ANTONIO CORDOVA 31825 COUNTY ROAD 8 KEENESBURG, CO 806438300 R6525886 147720000008 HILLENBRAND MARY E ETAL C/O MARY E HILLENBRAND 1007 S 21ST ST COPPERAS COVE, TX 765223426 Parcels: 16 Owner Records: 25 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/19/2023 8:32:40 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 # 147717400007 Parcels: 16 Owner Records: 25 cn k(DOA et LiiItglz3 Signature Date Page 4 of4 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION E XEPTIONS FOR PLANNING DEPARTMENT US DATE RECEIVED: AMOUNT: $ CASE # ASSIGNED: APPLICATION RECEIVED BY: _3 PLANNER ASSIGNED: PLAT INFORMATION Title of platto be vacated: Reco(2.De D 6X EvkPT)v& No. /4 77 -17 - 4- S _� T� R 1() ►; Complete Vacation (must include all lots) R ECX / 9 —0/0 9 Partial Vatation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number Acreacte Affected Easements 13 14 771 74 0 g 7 111.12 i A cc ess l oc_A-T? o,..) i i „d e. — t N -e p PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: MtC I4AEL. 1' CorA 1J Company: Phone#: 303-704-3490 Email: 13fv\CC0v}N yAH00. Co $4 Street Address: 2a.2.42- C t2. /0 City/State/Zip Code: EE`N ES $ ut2 G; ex, 80 43 APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: 5A-44 -e_ Company: Phone #: Email: Street Address: _ City/State/Zip Code: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision exemptions. e&A-i0 `� 2 Z,3 Signature: Owner or A orized Agent Date Signature: Owner or Authorized Agent Date cj-fnf✓L T Co kN Print: Owner or Authorized Agent Print: Owner or Authorized Agent 4889261.,. Pages: 1 of 4'. 03/29/2023.11:28 AM R. Fee:$28..00 D Fee:$0.00 Carly.KoaPO , Clerk and Recorder Weld County FM N I �cr lialLi Prepared by: Michael J Coan, 28242 County Road 10., Keenesburg Co. 80643 Parcel ID: 147717400007 Quitclaim Deed THIS DEED is dated 11'144-cl-I 7 , z OZ3 , between: Michael J Coan, married, of 28242 County Road 10., Keenesburg Co. 80643, (the "Grantor") AND Michael J Coan, married, of 28242 County Road 10, Keenesburg, CO 80643, (the "Grantee") WITNESS, that the Grantor, for and in consideration of the sum of $10.00, the receipt and sufficiency of which is hereby acknowledged, remises, releases, and sells, as well as quitclaims, unto the Grantees, their heirs and assigns forever all the right, title, interest, claim and demand which the Grantor has in the real property, together with improvements, if any, situate, lying and in the County of Weld of the State of Colorado, described as follows: PT SE4 17 1 63 LOT B Rec Exempt RECX 19-0109 according to the recorded plat in the Office of the County Clerk and Recorder filed Dec. 18, 2019. This property is also known by street number as TBD County Road 8, Keenesburg, Colorado 80643. Assessor's schedule or parcel number: 147717400007 Page 1 of 4 Quitclaim Deed _ _ Page 2 of 4 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges belonging on the property, or in anywise appertaining to the property, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use and benefit of the Grantee, and the Grantee's heirs and assigns forever. IN WITNESS WHEREOF the Grantor has executed this deed on the day and year above written. Signed in the presence of: Witness signature rte c: 11`v,,rt o l d Witness name 4889261 Pages: 2 of 4 03/29/2023 11:28 API R Fee:$28 00,D Fee_; $0:0,0 Carty Koppea, Clerk andReoorder.,_ Weld County , CO II III Quitclaim Deed Page 3 of 4 Spousal Acknowledgement I, Betty A Coan of 28242 County Road 10, Keenesburg, Co. 80643, spouse of Michael J Coan, in accordance with the above Quitclaim Deed, and in consideration of the above sum and other good and valuable consideration received, do hereby waive and release to the Grantee all rights of dower, curtesy, homestead, community property, and all other right, title and interest, if any, in and to the above property. STATE OF COLORADO COUNTY OF 1411 lc( Spouse's Signature; The foregoing instrument was acknowledged before me, &etSet l nr-►Q 'h tfi'b , this ^jam day of I..tA clti , o2p a by the Grantor's spouse, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. My commission expires 60- l 2 - a0 Cue Notary Public, the State of Colorado County of W1.Q ICI 4889261 Pages: 3 of 4 03/29/2023 11:20 AM R Fee:$28.00 D Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County CO 1111 FACI A.1.1I0Q11N NA1CL 11111 TERESA LYNNE SMITH NOTARYPUBLIC'._. STATE_OF COLORADO: NOTARY Ib 20124038374 ,MY COMMISSION E%PIRES JUNE 12 2024, ti Quitclaim Deed Page 4 of 4 Grantor Acknowledgement STATE OF COLORADO COUNTY OF 0 ( A The foregoing instrument was acknowledged before me, liiiesk hnp_ in , this 1 day of , . SvGl, , de..- , by the Grantor, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. My commission expires (0 -1 - x?. Notary Public, the State of Colorado County of 1,0,Q (ot 4889261 Pages: 4 of 4 03/29/2023 11:28 AM R Fee:$28.00 D Fee:$0.00 Carly Koppel, Clark and Reoordar, Weld County , CO 514/1111 4728360. Pawls, .1 of .1 Carly Seps s OClerk er,d RaeOre ratuo0a C�oliniv $0.00 Cpl I �1 N 1 'h '1l.4�'tti�4�4 RIif illOdl4rh' 1 1 WHEN RECORDED RETURN TO: Nlaual J Coen 20242 County Road 10 Keenesburg, Colorado 80643 QUITCLAIM DEED THIS DEED, made this 25th day of Jane 2021 between Michael J Coen Colorado - and Micheal J Coan whose legal address is28242.County Road 10, Keenestw(g, Colorado 80843 ("Grantor"), of the County of wee and State of ("Grantee") WITNESS, that the Grantor, for and in consideration of 10. Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, and the Grantee's heirs and assigns forever, as •• Soie Oe,,e, , all of the right, title interest, claim and demand that the Grantor has in and to the real property, together with the fixtures and improvements located thereon, • if any, situate, lying and being in the County of Web and State of Colorado, described as follows: Lot B, Recorded Exemption No. 1477-17-4 RECX19-0109, 111.12 acres +I- gross Also Known As: n/a TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim, whatsoever, of the Grantor, either in law or in equity, to the only proper use, benefit and behalf of the Grantee, and the Grantee's heirs and assigns forever. EXECUTED AND DELIVERED on the date set forth above. STATE OF: Colorado } } ss. COUNTY OF: W:¢1\c }• The foregoing instrument was acknowledged before me 2 ct.-1 Michael J Coan Witness my hand and official seal. My commission expires: 12,-) C-,' Ll S , 2c c2 Public JENNIFER'NESSUNK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184010441 f MY COMMISSION EXPIRES MARCH 6. 2022 •• if tenancy is unspecified, the legal presumption shall be tenants in common (C.R.S. 38-31-101). DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Michael J. Coan Applicant: RECX19-0109 I Planner: Michael Hall Le al g Descri p tion: Lot Ti N, B of R63W Recorded of the Exemption 6th P.M., Weld RECX14-0035; County, CO being a part of the SE4 of Section 17, Parcel ID #: 1477-17-4-00-021 i Lot A Size: +/- 5 acres Lot B Size: +/- 110 acres Water Source: Lot Lot A: B: Proposed Proposed Well Well Sewer System: Lot Lot A: B: Proposed Proposed Septic Septic Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2 Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6 Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. If residences or structures requiring water and sewer are constructed or used for the proposed lots, Weld County OWTS Permits are required for septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. 2 The applicant has proposed a well as the source of adequate water for Lots A and B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. RECX 19-0109 Page 1 of 6 3. Prior to recording the plat: A. The applicant shall address the concerns of the Public Works Referral dated August 26, 2019, relating to the proposed Lot A and Lot B access location. B. The applicant shall address the comments of the Colorado Division of Water Resources, as stated in the referral response dated August 7, 2019. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall satisfy the concerns of Weld County School District RE -3J, as stated in the referral response dated August 8, 2019, per Section 24-8-40.K.1 of the Weld County Code. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.8 of the Weld County Code. Net acreage calculations should not include future road right-of-way. F. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8- 40.P. of the Weld County Code. Net acreage calculations should not include future road right- of-way. 4. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1477-17-4 RECX19-0109 B. A 30 foot wide joint access and utility easement extending across Lot B from County Road 8, for the benefit of Lots A and B and all future exemption lots, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. C. Show and label the 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. D. County Road 8 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall 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, Chapter 23, Article III, Section 23-3- 50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. E. County Road 65 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall 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, Chapter 23, Article III, Section 23-3- RECX19-0109 Page 2 of 6 50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 5. The following notes shall be placed on the plat: 1) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 2) 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 2018 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 5) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 6) 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. 7) 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. 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 9) 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. 10) 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. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of RECX19-0109 Page 3 of 6 lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 13) 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. 14) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity and dependability. 15) Potential purchasers should be aware that Lot A may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 16) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 17) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 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 29-3-20.6.13 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. 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 person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. RECX19-0109 Page 4 of 6 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 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. RECX19-0109 Page 5 of 6 6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 8. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. 9. 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 recorded exemption. 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: 09/26/2019 Michael Hall, Planner II RECX19-0109 Page 6 of 6 Hello