The URL can be used to link to this page

Browse Search

Home My WebLink About20231459.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0025, OF TWO -LOT RECORDED EXEMPTION, RECX16-0117, FOR REMOVAL OF LOT B - CALEB SPEAR, CYNTHIA SPEAR, SAMUEL SPEAR, LISA SPEAR, AND JONATHAN SPEAR 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 15, 2016, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX16-0117, and WHEREAS, the Board has received a request from the current property owners, Caleb Spear, Cynthia Spear, Samuel Spear, Lisa Spear, and Jonathan Spear, 7665 Statesville Road, Watertown, Tennessee 37184, represented by Intermill Land Surveying, 1301 North Cleveland Avenue, Loveland, Colorado 80537, to vacate Lot B of Recorded Exemption, RECX16-0117, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX16-0117; being part of the E1/2 SW1/4 of Section 20, 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 Caleb Spear, Cynthia Spear, Samuel Spear, Lisa Spear, and Jonathan Spear, for Partial Vacation of Two -Lot Recorded Exemption, RECX16-0117, for removal of Lot B, be, and hereby is, approved, subject to the following condition: 4902839 Pages: 1 of 2 06/09/2023 11:44 AM R Fee:$0.00 Carly. Koppes, Clerk and Recorder, Weld County , CO ■III �I��MV��: IL4�iwF�' �a� �3 �Yl+l,l�l �Y4 "III cc: Pl. (TP/MN/6S),RPPL., APP{,. REP. 06/20/23 2023-1459 RECX16-0117 PARTIAL VACATION, VAC23-0025, OF TWO -LOT RECORDED EXEMPTION, RECX16-0117, FOR REMOVAL OF LOT B - CALEB SPEAR, CYNTHIA SPEAR, SAMUEL SPEAR, LISA SPEAR, AND JONATHAN SPEAR PAGE 2 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D., 2023. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: detyLi ;vk. Weld County Clerk to the Board BY: APP County orney Date of signature: Q1i %07 Mike Freeman, Chair Perry L. Brick, Pro-Tem Scott K. James Lori Saine 4902839 Pages: 2 of 2 06/09/2023 11:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIINFJEIDF:leilik I &O Ah III III 2023-1459 RECX16-0117 To: From: Subject: Hearing Date: Owners: Representative: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Eric Sheley, Planner Partial Vacation of RECX16-0117 May 24, 2023 Caleb Spear, Cynthia R. Spear, Samuel Spear, Lisa Spear and Jonathan Spear Intermill Land Surveying 1301 N. Cleveland Ave, Loveland CO 80537 Legal Description: Lot B of Recorded Exemption RECX16-0117; being a part of the E2SW4 of Section 20, T1 N, R63W of the 6th P.M., Weld County, CO Location: North of and adjacent of County Road 6; 0.25 Miles East of County Road 63 Parcel Number: 1477-20-3-00-047 Total Parcel Size: +/- 76.83 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RECX16- 0117, recorded November 9th 2016, reception #4250564. This partial vacation of Lot B of RECX16-0117 would result in an approximately 76.83 acre unplatted parcel. Lot A, of RECX16-0117 are not a part of this action. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 2023-1459 Vacation of Lot B of RECX16-0117 I Spear Page 1 of 2 Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Vacation of Lot B of RECX16-0117 I Spear Page 2 of 2 Intermill Land Surveying 1301 N. Cleveland Ave. Loveland, Colorado 80537 (970) 669-0516 RECORDED EXEMPTION VACATION REQUEST FOR LOT B, RECORDED EXEMPTION NO. 1477-20-03 RECX16-0117 THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 63 WEST FO THE 6TH P.M., WELD COUNTY, COLORADO Please accept this letter as the formal request for the vacation of Lot B, Recorded Exemption No. 1477-20-03 RECX16-0117 situate in the East Half of the Southwest Quarter of Section 20, Township 1 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. The parcel number of vacant property is 147720300047. The owners wish to vacate Lot B of Recorded Exemption No. 1477-20-03 RECX16-0117 for estate planning purposes. Steve Stencel with Intermill Land Surveying, Inc, as Authorized Agent for property owners. \\HAL\prj\P-9438-Spear\doc\Submittal Packet\Spear-Vacation Request.doc VACATION OF LOT B RECORDED EXEMPTION NO.1477-20-03 RECX16-0117 �'ioitix �nsiw and . Ran -.1 R9'5)'b•E_ _ _ o-i--f- ) e..b ., s..uw� zo-rIi . ai..w. rrnern .n z0-1IN-REJW 9ecllon ]D-itx-R9JW 9R955't Wmw SB955'13, 1307.89' LOT B OF RECORDED E%EMPTION N0. 14])-z0-03 RECX16-011] or E ORO Of cWuiv COMMi9SIX1OER5 6 HELD COUNiv j n.w - w.,, e.wi4nt .t Ww. .r a.n e, c r rd•ianie.� nA�o v ,..........- rn s..iI a..n.. c..n.. �w, zD-nx-Rs>w soulN I 'DR®Nr.L SC.Ef:i'= zoo' LEGEND VICINIT' MAP scar -1• = z9o9' ®•.w .....m. w.�.^ or ..., .....- Hem. (.e�.-mnr) _ . RiMl-.r-war GENE.. NOTES ^N Ln. ... .`��a"�"iwia cwntr. �• ixA.gti..u.. ,. " .�.�.�:�..t... to ...^. sREnR REcoxDED E%E.nRTnN xo. ,4n-xoa] REczIW.RI,) © o I -seu� E wun ® e jest Ouwter Loma section w-T1N-PBSW vvraYTee�w.: ISM w.1 u ii�ir u�i+eniW r�ru RECORDED RDD C DD C XEft TDO0 N 1477-20-03 ECK16-01X177 VICINITY MM sa.-t•=woo' C""sallon"!wt/n6 Cana P.3w 5p9'SS'IS'W xoPimxru scns:r-ear I I/IB cant Seeti'n""w-ilN-Ps]W wu f -i7 W.,wwb�rewuebpem) _ _ s.�e.ii•••' coma n.I.w 30—T1N—RBSW Y°Nv oaa UC �t0.W� ww m.. a./."e... .a.v. 130J.89' LOT B 78.49x scree (pOBB) J6.Be2 pCIe9 (trot) 2.93x pOrpe (prose) 2.e6x aClee (Iles) x.w v cwn,r "°°"sv (�,eoba Uwu ,' e'ryry ., ssn v tY a .yt a b"r 1 S/Vi 1306.61' � - — — - WELDCOUNTYROAD6 �893)HJO"E R61 ).t]' soulY Ouartr Cana i. er a Yon RO-TN-PPSw X _ m /•• ewv pw.n .w.wl • " PRDPERIY OWNERS CEFRFIGTE: r.777.. rb. m. uw�mr mJ6.1186L. n>IIl Se955't ]'W 3s18.IJ' WM. nrvtmrw w v m w.t u. mwN..n r,pv% M aw.t .wm.nnn b n. m. .uueu.. _ aw.wa W iYu "� � Iwmuu_w�,mi Y��a YmY wwM. s n . vb_ ..n _. � a -a ayu ,o ,))gym I�) IwaaY"i. m...wnnn....._., Mena �anYr .wnvw, uN� u.Y row n wY aMy, Nn 1w Ea.t aata c.m.r S bn RO-TIN-P.]w a.n J/f Rws O.qu va..n) PPOPFRIY DESCH. w.. w. °�� 1o[ibrl4 eWb+ gym» pp� m.nw� M 1snea wb ywwNnau. tsv.'. P-7MN NNF.AP PECOPUED E%EM1PIiON rv0. tan -1W3 REC%,60t t 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 24, 2023 Time: 9:00 a.m. Applicant: Caleb Spear, Cynthia Spear, Samuel Spear, Lisa Spear and Jonathan Spear 7665 Statesville Road Watertown, Tennessee 37184 Request: Partial Vacation, VAC23-0025, of Two -Lot Recorded Exemption, RECX16-0117, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RECX16-0117; being part of the E1/2 SW1/4 of Section 20, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 6; 0.25 mile east of County Road 63 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: May 12, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX16-0117 Owner BRENT AND JESSICA SABEC CALEB, CYNTHIA, SAMUEL, LISA, AND JONATHAN SPEAR Address 31455 COUNTY ROAD 6 7665 STATESVILLE ROAD City State Zip KEENESBURG E N ES B U RG CO 80643-8406 WATERTOWN TN 37184-3747 ATTN: STEVE STENCEL INTERMILL LAND SURVEYING, INC 1301 NORTH CLEAVELAND AVENUE LOVELAND CO 80537 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, RECX16-0117, in the United States Mail, postage prepaid First Class Mail as listed above. 0 N a a O r -R rR Dated the 12th day of May, 2023. Dan (iOah Go) GL 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''t. rt Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required • Adult Signature Restricted Delivery $ $ Postage $ Total Postage and Fees S rerv+- art srry anaBt pro.. La e. IP+4® Postmark Here 5s; C6t to .C? gap 3V4bLp ----- PS Form 3800, April 2015 PSN 30-02-000-9047 0 IN % \Z toD � CU r _� O o0) 'I- 0 c •D as a) cn (sac) Q) Q) -D as 0 0 CA w 0t N CD 2 w .F3 Ws (13 U N a. CC 00 c.44 is; wrg LET,— 00 O a as — -- o 5'S-Oc2c v; .c a> 9a> accccocncnoc ❑❑❑ ❑❑ a C] es a O m 0 a) a) t5 CC IN g s c J O O C1) U-13 o .D cti (-4 -p E + 4-' O t) W s- -0 C C cts c3 C U o - o ecn 4-4 ec Q. >' ci ec c c CO O •i 0 +� U O.. w < • T 4-44 ctr,c)\›Q' '1/4C) to It-) 'AT 9590 9402 6749 1074 1334 67 a *Cc) oct U E O U, .a a) t Q is N U. O O a ON a ri O N ea CS ilem• Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 Cr U, U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'' titYA •••••:m, Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) O Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery • Adult Signature Required $ Adult Signature Restricted Delivery $ $ Postage $ Tota Postage and Fees le et, n4 -bit � Postmark Here Yl U...t i , f ., l �SGt. a S�tr�a 36rviY4hcvt 3p4c'-r O S / CIn�AnP�o.,gF�Do - �4 �1 C Y e IP+4® 1,e3v iik) OD; 3'7 XL)- gb4) 1 a. PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions a) W c L- U) O Q .42. 'a C'*) N U as ([S N - " C T CO tj) ca a)s C 4) as U a) O � C- Uac°n ■ ■ a) CC N o E� o N C 2 13 w o co 4- -O cti 0 C ≥ !^ O W is V 7_ ® U TA _o _o L u) a) ifs ea Q 2 cc E E 3 J W c c ink UUCa 0 2 2 a 1 i .g).1-4.1) (LS cm a5 •C O c c n. cc cc a e5 co cc DOD DO O 'iV a) U_ 0 .� U N cc a) > cc - - 4) a) 15 i XOO-' C c c o-d c- ) i e 4.4 -0 0 � ' i►= C►-, U 00000. ❑I DDD[ a U a. co as O O T r� Sh. \-1 m 9590 9402 6749 1074 1334 43 2. Article Number (Transfer from service label) 4 a) CD a U U• ) CC CU � o P- 113 ' ^ L•' / is a a CI O CI is Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 J co d X }o Z DD T• 0 O E.n o' ) N C ttS a) 0 V"C7 v%•• CO C Q) W tn� . N- 112 � a c O -a M w U CZ N -0 s r (d i E E c a) O O cs E 4-d -4S O '% 0 o IZ 0 V IC CS jai tv# ti r(, t oCEPC% \rt.: et '11 1,-- a t, '\‘' aL.3 Cn U) 2 i a- - CO DOD Do a) 2 U C C 'C O 0 ta ta E a) cc'a5 UV� 13 2 2 ? 2 ,�.4-4...4+.0 fn U) 0 N CLS • .a` c rn ai cm= -. a) a)a)._._ a) crcc cow cc a) -v 71) ID CD U o a: a• u) U © a ' 0 o ate)- w a0 U 0 0 NES 7 Cu so sea 0I U- aa)) a 0) U U) cc ❑❑❑i i- N C O a a CC C .- CC .ts LI O O It 0 rn 0 0 N O 0 to CO O a T 03 Co E lL co 0_ 4 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) ❑ Codified Mail Restricted Delivery Adult Signature Required Adult Signature Restricted Delivery $ Postage $ Total PA) St PS Form 3800, April 2015 PSN 7530-02-000-9047 Postmark Here See Reverse for Instructions 2 C WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/25/2023 10:31:00 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. OM OQnu)i ck.. U Z5I Z3 Signature Date Property Owners Within 500 Feet of Parcel # 147720300047 Account Parcel Owner Mailing Address R6525886 147720000008 HILLENBRAND MARY E ETAL C/O MARY E HILLENBRAND 1007 S 21ST ST COPPERAS COVE, TX 765223426 R8964278 147720300021 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R8947489 147720300046 ' SABEC JESSICA P R8947489 147720300046 4411 -A- SABEC BRENT L 31455 COUNTY ROAD 6 KEENESBURG, CO 806438406 R8947491 147720300047 104". SPEAR CALEB R8947491 147720300047 W P SPEAR JONATHAN R8947491 147720300047 1,64-4 SPEAR LISA R8947491 147720300047 1,01' SPEAR SAMUEL R8947491 147720300047 1w)J- SPEAR CYNTHIA R 7665 STATESVILLE RD WATERTOWN, TN 371843747 Parcels: 10 Owner Records: 18 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/25/2023 10:31:00 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. OCCA(.O'rdc.. Li 17,6 Z 3 Signature Date Property Owners Within 500 Feet of Parcel # 147720300047 Account Parcel Owner Mailing Address R2792703 147720400016 SCHREIBVOGEL SPENCER W 3747 COUNTY ROAD 59 KEENESBURG, CO 806439428 R6531486 147729000008 WARREN SUSAN JANE R6530986 147729000008 3W FARMS LLC 27570 COUNTY ROAD 10 KEENESBURG, CO 806439441 R6531486 147729000008 WARREN WILLIAM W 27570 COUNTY ROAD 10 KEENESBURG, CO 806439441 R8945190 147729200002 WELD COUNTY PO BOX 758 GREELEY, CO 806320758 R8945191 147729200003 DEVER LAUREN R8945191 147729200003 DEVER DARREN 31306 COUNTY ROAD 6 KEENESBURG, CO 806438410 R8945192 147729300004 THOENE CAREY R8945192 147729300004 THOENE KEITH 1601 COUNTY ROAD 49 HUDSON, CO 806428601 Parcels: 10 Owner Records: 18 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/25/2023 10:31:00 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 # 147720300047 Parcels: 10 Owner Records: 18 Oaf\ Ltictic or ck q 1 z5) Z3 Signature Date Page 3 of 3 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: AMOUNT: $ CASE # ASSIGNED: VACZ3 ' OO Z5 APPLICATION RECEIVED BY: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be vacated: LOT B RECORDED EXEMPTION NO. 1477-20-03 RECX16-011775 20 T 1 N R 63 W OComplete Vacation (must include all lots) ❑Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number B ' LI 112 d360d.fi 76.49 No Affected Easements Acreage Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Caleb Spear, Cynthia R. Spear, Samuel Spear, Lisa Spear and Jonathan Spear - .Company: Phone #: 1-615-732-2387 Email: calebkylel@gmail.com Street Address: 7665 Statesville Road City/State/Zip Code: Watertown, Tennessee 37184 APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: Steve Stencel Company: Intermill Land Surveying Phone #: 1-970-669-0516 Email: steve@intermill.net Street Address: 1301 North Cleveland Avenue City/State/Zip Code: Loveland, Colorado 80537 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. 2 2023 Si4r1"ature: l5wsar'�6r Authorized Agent Date Signature: Owner or Authorized Agent Date (See Attached Sheet 2 for Owners Signatures) Print Owner or Authorized Agent Print Owner or Authorized Agent List of Owners: Caleb Spear Cynthia R. Spear Samuel Spear Lisa Spear Jonathan Spear Caleb Ste. Typed or pr re name S uel Spear Typed or printed name / gnat a ' Spear Typed or printed name Cynthia R. Spear C n��iCz spur Typed or printed name Lisa Spear Typed or printed" name Owner _Cure Address: Phone: DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17Th AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM I, (We), (See Attached Sheet 2 for List of Owners) give permission to Intermill Land Surveying (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: Parcel No. 147720300047 Legal Description: E 1/2 of the SW 1/4 of Section 20 , Township 1 N, Range 63 W Subdivision Name: Lot Block _ Property Owners Information: 7665 Statesville Road, Watertown, Tennessee 37184 1-615-732-2387 calebkyle1 @gmail.com E-mail` Authorized Agent/Applicant Contact Information: Address: 1301 North Cleveland, Loveland, Colorado 80537 Phone: 1-970-669-0516 sieve@intennill.net E -Mail: Correspondence to be sent to: Owner El Authorized Agent/Applicant.. by: Mail Email Additional Info: (See Attached Sheet 2 for Owners Signatures) I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this dofiment, that the information stated above is true and correct to the best of my (our) knowledge. Date 2 Subscribed and sworn to before me this 2a-3 My commission expires Owner Signature Date day of , 20 by Notary Public List of Owners: Caleb Spear Cynthia R. Spear Samuel Spear Lisa Spear Jonathan Spear Owner(s): Caleb Spea i"( CSeZS,,- Typed or pro ted name Typed or printed name Cynt is R. Spear hioL ? S'1D ea Sam / I Spear Lisa Spear ecor- 54 Typed or printo name Typed or printed name a Typed or printed name The foregoing instrument was acknowledged before me this By CS, My commission expires: day of Notary ublic 48080L Pages: 1 of 2 02/08/2028-12:21 PN R Fee :$18.,� t5 Fee :$0.00 Carly s, Clerk and Recordsr, W.10 County , CO IN ANN .K' l4ilftall'i wIv ► II I State Documentary Fee', Date: READ No Doc Fee Required Gait Claim Deed .. `(Pursuant to C.R.S. 38-30-113(1)(d)) • �`serantor(s), CYNTHIA R. SPEAR,,dd;ose street address is 7415 STAi'E.5YILLE ROAD, City or Town ot;WATERTOWN. Covaty of WI -46N and State of lENNE SE4 87`fi84, for the consideration of "':TAi►'Oollars and Other Good and ItjIuabte Consideration In hand paid, hereby seA ayald quitclaim(s) to CYNTHIA R. ;SPEAR AND CALEB SPEAR AND SAMUEL SPEAR AND LISA WEIN-0 • :` AND JONATHAN SPEAR g4Jptrrt Tenants whale street addtee�, ta'7415 3TATEYILLE ROAD, l;814'Town of WATHERTOWN, CoixTtp:ol WILSON and State of ESSEE, rhea, the tollovvHg raaapiaperty in the County of Weld endOate of Colorado, to wit: Sae at0actiad CORRECT,$DEED TO CORRECT THE LFQAL'DESCRIRT1ON ON QUIT CLA DEED RECORDED MAY 23, 202E AT RECEPTION ft CORRECT,* e -e f sown by street and number as VACANT LAND, KEENESBUR9,?04'80643 with ell Its app. Signed this day of stated 1 y R i"tl�0'''�'(. Ggiu1}rof L, 2 z3 144/ cetoc:88,11ii C ( The toxeg,s� oing Itadged before me on this:day ai J0a) CYNTHIA R SPEAR Exhibit A t ; RECORDED EXENOMON Nck:607•2u* RECX16-0117, REC ED NOVBABER Z, 2016 AT RECOflON ice.426 564, PORTIONOFCPAOTEM ►`OTEM OF SECTION 20, TOW '1 NORTH, RANGE 63'WEST .. OF THE 61H P.33.. COUNTY (*WELD, STATE OF COLORADO; :; ' - •; s• 4880101 ilges t 2 of 2 @2/06/2833 . ��Q1 PM R F..:616.00_ D 4f i0 • F!0 Carly v_�JOrk and Rtoord.r, Wald o d. CO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Kenneth J. & Cynthia R. Spear 1 RECX16-0117 Planner: Ryder Reddick Legal Description: Being the E2 SW4 of Section 20, Ti N, R63W of the eh 6 P.M., Weld County, CO Parcel ID #: 1477-20-3-00-015 Lot A Size: +/- 3 acres Lot B Size: • +/- 77 acres i Water Source: Lot Lot A: B: Well Proposed Permit #249847 Well Lot Lot A: B: Septic Proposed Permit Septic #SP -0300148 Sewer S stem: y Yes No X Criteria Checklist Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district X 4. Consistent with efficient and orderly development X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. 2 The applicant has proposed a well as the source of adequate water for Lot 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. 3 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 RECX16-0117 Page 1 of 5 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. 4. Prior to recording the plat: A. The applicant shall address the requirements (concerns) of State Division of Water Resources, as stated in the referral response dated August 8, 2016. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. The applicant shall address the requirements of Weld County School District RE -3J as stated in the referral response dated August 2, 2016. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. 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 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. F. 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. 5. Items to be included on the plat A. The plat shall be titled: Recorded Exemption No. 1477-20-03 RECX16-0117. B. All approved accesses JI iaii be clearly sl iuwi i vii the pith s id labeled viii I the approved access permit number (AP16-00357). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. C. County Road 6 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. D. 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. E. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 6. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. RECX16-0117 Page 2 of 5 * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) 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 has an adequate water supply of sufficient quality, quantity and dependability. 7) Potential purchasers should be aware that Lots A and B 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. 8) 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. 9) 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. 10) The property owner shall control noxious weeds on the site. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) 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. 13) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 14) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. RECX16-0117 Page 3 of 5 15) 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. 16) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shunting sports, legal h?7inn of niiisanra 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 RECX16-0117 Page 4 of 5 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 bum, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 7. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall. submit one (1) electronic copy or one (1) paper copy of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 9. 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. 10. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: _' "I ' iL:e•c .der Reddick; Planner I RECX16-0117 Page 5 of 5 Date: September 15, 2016 Hello