HomeMy WebLinkAbout20231089.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0020, OF FOUR -LOT CORRECTED
RECORDED EXEMPTION, RE -4882, FOR REMOVAL OF LOT D - WILLIAM AND
NOBLET DANKS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on February 9, 2009, the Department of Planning Services approved Four -Lot
Recorded Exemption, RE -4882, and
WHEREAS, the Board has received a request from the current property owner, William
and Noblet Danks, 5435 East Second Avenue, Denver, Colorado 80220-5866, to vacate Lot D of
Corrected Recorded Exemption, RE -4882, located on the following described real estate, to wit:
Lot D of Corrected RE -4882; being part of the NW1/4
of Section 6, Township 4 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 William and Noblet Danks, for Partial Vacation of Four -Lot
Corrected Recorded Exemption, RE -4882, for removal of Lot D, be, and hereby is, approved,
subject to the following condition(s):
1. Upon acceptance, all supporting documents of this request, signed by the property
owners and this fully executed Resolution 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 Board of County Commissioner's Resolution and
supporting vacation request documentation with the Weld County Clerk and
Recorder. 4898503 Pages: 1 of 14
05/18/2023 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII ��.rI�Y��ti rl�'�hi�'I�iR,�I�:�hL'�I�� i11ht I�rIY�h �I II
4894950 Pages: 1 of 2
04/27/2023 01:12 PM R Fee:$0.00
Carly Kopp., Clerk and Recorder, Weld County , CO
1111 KIP MIA Mmh Ill III
Cc'.PLOP/KW/Kol APPL.
oS /23/23
2023-1089
RE -4882
PARTIAL VACATION, VAC23-0020, OF FOUR -LOT CORRECTED RECORDED EXEMPTION,
RE -4882, FOR REMOVAL OF LOT D - WILLIAM AND NOBLET DANKS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: decd.%) it,k
Mik- - - an, Chair
Weld County Clerk to the Board
erry Bud' , 'ro-Tem
S •tt K. Jam
County AP7ney
Date of signature: oN/25/2
4898503 Pages: 2 of 14
05/16/2023 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IIII kicirn14aMIChi' MINI t:liftrP4J CIT Il 11111
4894950 Pages: 2 of 2
04/27/2023 01:12 PM R Fee:$0.00
Carly Koppee, Clerk end Reoorder, Weld County , CO
11111
2023-1089
RE -4882
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Board of County Commissioners
From: Kim Ogle, Planning Services
Case: VAC23-0020
Hearing Date: April 17, 2023
Subject: Partial Vacation of Corrected Recorded Exemption RE -4882
Owners: Noblet and William Danks
Legal Description: Lot D of Corrected Recorded Exemption RE -4882; being a part of NW4 of
Section 6, T4N, R63W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 50, east of and adjacent to County Road
61
Parcel Number: 1051-06-2-00-029
Total Parcel Size: +1- 133.399 acres Zone District: A (Agricultural)
Summary:
Noblet and William Danks request to vacate Lot D, being the largest lot of a four -Lot Recorded
Exemption RE -4882, recorded August 10, 2009, reception #3641780. This partial vacation of Lot D of
RE -4882 would result in an approximately 133 acre unplatted parcel. Lot A, Lot B and Lot C of
Corrected Recorded Exemption RE -4882 are not a part of this action.
Lot D has direct access onto CR 50 and CR 61. Planning Services - Development Review has no
concerns with regard to the vacation of Lot D.
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.
4898503 Pages: 3 of 14
05/16/2023 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
NIA 11111
2023-1089
Lt I
Lot D of Corrected Recorded Exemption RE -4882 I Noblet and William Danks
Page 1
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 (Exhibit B) and the draft vacation plat map
(Exhibit C).
Section 24-11-50.6 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.
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, all documents
associated with the case and the case resolution 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 Vacation 23-0020 documents with the Weld County Clerk and Recorder.
Exhibits:
A: RE -4883 plat
B: Vacation Request Letter
C. Metes and Bounds Description
D. B. Barker Letter
4898503 Pages: 4 of 14
05/16/2023 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 l r.ft Ikill'!nlikl Kh:1112 L'J 01r li4rh ,I II
Lot D of Corrected Recorded Exemption RE -4882 I Noblet and William Danks
Page 2
January,' 17, 2023
Mr. Kim'; Ogle
Weld County Department of Planning Services
Re: banks' Request for Partial Vacation under Weld Code Sec. 24-11-50
Dear Mr Ogle,
Noblet B. Danks and William C. Danks are the sole owners of the two large lots described as:
Lot D of Dunks Recorded Exemption Number 1051-06-2 RE 4882 which was recorded at eld
County Reception Number 3461780
Lot D of Danks Recorded Exemption Number 1051-063 RE4883 which was recorded at Weld Coun
Reception Number 3636533.
We are writing this letter to request that these two lots be vacated as a "partial vacation of an exist'
Recorded Exemption" under Weld Code Sec. 24-11-50.
Weld Code Sec. 24-11-50 states: "The vacation request letter shall describe the purpose of the vaca n,
any existing improvements, and any easements or rights -of -way that may be affected."
Purpose of the vacation. We are both 76 years old and are attempting to "clear -up" any potential
problems for our heirs. One of the problems concern two Recorded Exemptions filed by the 8uderu
Both of these two Buderus Exemptions include property which both the Danks and the Buderus ag is
owned by the Dunks. This agreement is memorialized in an "Affidavit of Boundary Pursuant to C
38-35-109(5)", which the Danks and the Buderus recorded on May 18, 2004 at Weld County
Reception Number 3181271.
County Attorney Barker has suggested that the Danks and the Buderus can solve this problem by eac
vacating their large lots. We understand that our request can be granted even if the Buderus choose
to file a similar "partial request to vacate" for their two recorded exemptions. Regardless of what tin
Buderus do, we would like to have this "partial vacation" of our two large lots pursuant to Weld Cod.
section 24-11-50.
Improvements. There are no "improvements" on either lot. Both lots are used for farming. In
connection with farming, both lots have concrete irrigation ditches and both lots have an irrigation ti
Lot D of Recorded Exemption RE4883 also has a center pivot and a holding pond. However, there are
buildings on either of the two lots.
Easements or rights -of -way. There are no easements or rights -of -way that may be affected by the pal
vacation of the two large lots.
4898503 Pages: 5 of 14
05/16/2023 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
11111 lFAMIALM hirglaiI I lOVI NIMAICtllq ivi. 11111
P
Weld County Code Section 24-11-50 further states: "Partial vacations may be used to vacate the la
lot within a Recorded Exemption plat, which is greater than thirty-five (3S) acres in size, without
affecting the remaining lot(s) within the same plat."
Lot Din both of the Danks' Recorded Exemptions is the largest lot and both lots D are larger than 3
acres.
Weld County Code Section 24-11-50 further states: No notice to surrounding property owners is
required, except for a partial vacation of only the largest lot, in which case notice shall be sent to
owners of all other lots within the same exemption plat.
We still own all of the lots in RE4882. We still own all of the lots in RE4883. However, we do not ow
"Lot A RE1475". This is not to be confused with Lot A of RE4883 which we still own. "Lot A RE1475"
owned by Robert and Sharon Holderness. "Lot A RE1475" appears in the NW corner of RE4883. We
no objection if the County deems notice to Mr. & Mrs. Holderness is required.
Address of Owners:
William C. Dunks and Noblet B. Danks, 30150 WCR 50, Kersey, Colorado 80644
Signed by all owners of the lot(s) to be vacated.
c.,0244,4/
William C. Dunks
Age a ,a4.42,
Noblet B. Dunks
4898503 Pages: 6 of 14
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111 LAWN& h 7 Dl Ili II II
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5
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2
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
AMOUNT: $ CASE # ASSIGNED:
APPLICATION RECEIVED BY: PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Lot D Corrected RE -4882 and Lot D RE -4883 S 6 T 4 R 63
Complete Vacation (must include all lots)
QPartial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
D
105106200029
133.399
Lot A RE -4820 and Lot D this Plat
D
105106300033
133.639
Acreaoe Affected Easements
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: William C. Danks
Company:
Phone #: 303 355 5258
Email: wcdanks@edanks.com
Street Address: 5435 E. 2nd Avenue
City/State/Zip Code: Denver, Colorado 80220-5866
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name:
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.
� �,,.,. C_ �•� � ' 2 7/2 ra4,3 7— ,e),7,3
Signature: Owner or Authorized Agent
Date Signature: Owner or Authorized Agent Date
William C. Danks Noblet B. Danks
Print Owner or Authorized Agent Print: Owner or Authorized Agent
4898503 Pages: 7 of 14
05/16/2023 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Vacation of Lot D of Corrected Recorded Exemption No. 1051-06-2 RE -4882
which is Recorded At Reception Number 3641780 on 08/10/2009
Situate in the NW4 of Section 6, Township 4 North, Range 63 West of the 6th P.M.,
County of Weld, State of Colorado
Sec. 24-11-50. Complete or partial vacation of recorded exemption or
subdivision exemption.
The original Plat Recorded At Reception Number 3641780 on 08/10/2009 is incorporated by reference
because this is a Partial Vacation of an existing Lot Din an existing specific Plat.
Attached as Exhibit A is the Property Description — Metes and Bounds required by Sec. 24-11-
50.
Attached as Exhibit Image referencing recorded Plat — Graphic Representation of Lot D
Below is Appendix G to Weld County Code 24-11-50
APPENDIX 24-G - Vacation Plat Certificates
Amended by Ordinance No 2022-09
A. PROPERTY OWNERS' CERTIFICATE:
We, the undersigned, being the sole owners in fee of the above described property, do hereby vacate
the land division plat or record, now recognized as an unplatted tract of land.
C . �,1'— 77,01- 29: 17,i1,4�
William C. Danks Noblet B. Danks
State of Colorado
County of Weld
Before , the nde,rsigned, a Notary Public, within and for said County and State, on the f
day of (i , 2023 personally appeared William C. Danks and Noblet B. Danks to me
personally known to be the identical person who executed the within and foregoing instrument
and acknowledged to me that he/she executed the same as his /her free and voluntary act and
deed, for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above
written. nn1
My Commission Expires: IjO 00a6
4898503 Pages: 8 of 14
Carly 6Ko8P s,/2023 OCle k and Recorder, Wed County , CO
VIII1���!'X61h�',�Pir�t �M�M`�!tlt�al IV,IWd II III
Notary Public Stat 'Colorado
BILLIE J. MOORE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20024034431
MY COMMISSION EXPIRES 10!2212028
B. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL
This Vacation plat is approved by the Board of County Commissioners of Weld County, State of
Colooado. Witness my hand and the corporate seal of Weld County this 171'4 day of Apr,'
CHAIR, BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld ou ty lerk to t
•
Deputy Clerk t 7 he Board
SURVEYOR'S CERTIFICATE:
I, , a Registered Professional Land Surveyor in the State of Colorado, do
hereby certify that the survey represented by the plat was made under my personal supervision,
and that this plat is an accurate representation thereof. I further certify that the survey and this
plat comply with all applicable rules, regulations, and laws of the State of Colorado, State Board
of Registration for Professional Engineers and Professional Land Surveyors, and Weld County.
By: Registered Land Surveyor
2023.
The Plat Recorded at Reception #3641780 on 8/10/2009 entitled "Corrected" Recorded Exemption
Number 1051-06-02 RE 4882 is incorporated by reference.
The original Plat is incorporate by reference because this is a Partial Vacation of an Existing Lot Din an
existing specific Plat. Steven A. Lund, A Registered Professional Land Surveyor of King Surveyors # 34995
made the identical Surveyor's certificate in the Plat Recorded at Reception #3641780 on 8/10/2009 as
shown above.
Attached as Exhibit A is the Property Description by Paul Groves of King Surveyors, Registered
Professional Land Surveyor of King Surveyors # 38209. His certificate states that the metes and bounds
descriptions in Exhibit A is a correct legal description of Lot D, i.e. the Lot which is being vacated.
Therefore, in place of the above Surveyor's Certificate, the Weld County Commissioners accept
1. the Surveyor's Certificate on "Corrected" Recorded Exemption Number 1051-06-02 RE 4882 and
2. the Surveyor's Certificate on the Property Description Exhibit A by Paul Groves, King Surveyors
4898503 Pages: 9 of 14
05/16/2023 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
,�1�IPitiFilifillaYdlii II III 6.23 /0?9
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VICINITY VP
(NDT TD 6CilE)
c" -¢c5 ARE-yss.
iimiittiniiiittiiiitiiiinmdtmiiiittiitiHiitti RECORDED EXEMPTION NO. 1051-06:2 RE -4882
3Aayso annoreu. oa.aap waM ew�ro, ca
Z vt 3 A 11.00 0 0.00 Blevv Mmenv Olv/n & Avmrtlee
Part Of The Northwest Quarter Of Section 6, Township 4 North, Range 63 West Of The 6th P.M.,
County Of Weld, State Of Colorado
100 50 0 l00
SCA E. SN F
SGAIFFl t•=1
LEG.
iiiriiininiuiuiiiinmiiiH��iuiu�uiNiiiimi ,.
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Gorracked
RECORDED EXEMPTION NO, 1051-06-2 RE -4882
Part Of The Northwest Quarter Of Section 6, Township 4 North, Range 63 West Of The 6th P.M.,
County Of Weld, State Of Colorado
Exhibit A
PROPERTY DESCRIPTION
A parcel of land formerly known as Lot D of Recorded Exemption No. 1051-06-2 RE -
4882 (RE -4882) as recorded August 10, 2009 under Reception No. 3641780 of the
records of Weld County, located in the Northwest Quarter (NW1/4) of Section Six (6),
Township Four North (T.4N.), Range Sixty-three West (R.63W.), Sixth Principal
Meridian (6th P.M.), County of Weld, State of Colorado, more particularly described as
follows:
BEGINNING at the West Quarter comer of Section 6 and assuming the South line of the
NW1/4 /4 of Section 6 as bearing North 89°43'27" East a distance of 2472.16 feet with all
bearings contained herein relative thereto.
THENCE North 00°16'20" West along the West line of the NW 1/4 of Section 6 a
distance of 2345.32 feet to the Southwest comer of Lot A of Recorded Exemption No.
1051-06-2 RE -4820 (RE -4820) as recorded October 13, 2008 under Reception No.
3583950 of the records of Weld County;
THENCE North 89°28'17" East a distance of 1019.54 feet to the Southeast corner of Lot
B of RE -4820;
THENCE North 02°37'08" East along the East line of said Lot B a distance of 321.31 feet
to the North line of the NW l/4 of Section 6;
THENCE North 89°22'26" East along said North line a distance of 99.04 feet to the
Northwest comer of Lot A of RE -4882;
THENCE South 11°19'29" West along the West line of said Lot A, a distance of 327.90
feet to the Southwest corner of Lot A;
THENCE North 89°22'27" East along the South lines of Lots A, B and C of RE -4882, a
distance of 1381.10 feet to the East line of the NW1/4 /4 of Section 6;
THENCE South 00°48'45" East along the East line of the NW1/4 of Section 6, a distance
of 2358.66 feet to the Center Quarter comer of said Section 6;
THENCE South 89°43'27" West along the South line of the NW 1/4 of Section 6, a
distance of 2472.16 feet to the POINT OF BEGINNING.
Said described parcel of land contains a total of 5,810,859 sq. ft. or 133.399 acres, more
or less and is subject to any existing easements and rights of way of record or as now
existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Paul B. Groves, a Colorado Registered Professional Land Surveyor do hereby state that
this Property Description was prepared under my personal supervision and checking, and
that it is true and correct to the best of my knowledge and belief.
Paul B. Groves —on behalf of King Surveyors
Colorado Registered Professional
Land Surveyor #38209
KING SURVEYORS
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
4898503 Pages: 13 of 14
05/16/2023 01:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
lIla 11 III
pA20230066\desc\20230066 lot d.doc page I of 1
Vacation of Lot D of Corrected Recorded Exemption No. 1051-06-2 RE -4882 Exhibit Image
e
Situate in the NW4 of Section 6, Township 4 North, RangeWest 63 of the 61h P.M.,
County of Weld, State of Colorado
4898503 Pages: 14 of 14
05/16/2023 01:33 PM R Fee:$0.00
CarlY KcPPes, Clerk and Recorder, Weld County , CO
����ElFdirIkLhIVr��fAN'11MI�` 11 111
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: April 17, 2023
Time: 9:00 a.m.
Applicant:
William and Noblet Danks
5435 East Second Avenue
Denver, Colorado 80220-5866
Request: Partial Vacation, VAC23-0020, of Four -Lot Corrected Recorded Exemption, RE -4882,
for Removal of Lot D
Legal Description: Lot D of Corrected Recorded Exemption, RE -4882; being part of the NW1/4
of Section 6, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 50; east of and adjacent to County Road 61
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: April 5, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
CORRECTED RE -4882
Owner
WILLIAM AND NOBLET DANKS
WILLIAM AND NOBLET DANKS
Address
5435 EAST SECOND AVENUE
30150 COUNTY ROAD 50
City
DENVER
KERSEY
State Zip
CO 80220-5866
CO 80644
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 Corrected Recorded Exemption, RE -4882, in the United
States Mail, postage prepaid First Class Mail as listed above.
Dated the 5th day of April, 2023.
OU aJ col cJL
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal ServiceTM
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com
44303
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
L115
Postmark
Here
Street a
•
CXrV\ anvd Ido1oLtle 1>Xnlc5
ZIP+41
PO firs eton
.1 1 w
PS Form 3800, April 2015 PSN 7530-02-000-9047
1
1022,0 -5g*
See Reverse for Instructions
_(v r em d ette.
SENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, and 3.
• Print your name and address on the rever
so that we can return the card to you.
• Attach this card to the back of the mailpie
or on the front if space permits.
1. Article Addressed to:
Wraf1L6it4-T)a,\L
30150 entevHs-Risaci -�
Kent, o.t 2tu44
111111111 liii 11111 IIIIIIIIIIIIIIIIIH
9590 9402 7331 2028 8552 46
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Signature
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Delivery
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2. Article Number (Transfer from service label)
7017 1450 0000 9675 0152
3. Service Type
D Adult Signature
❑ Adult Signature Restricted Delivery
$Certified Mail®
❑ Certified Mail Restricted Delivery
❑ Collect on Delivery
❑ Collect on Delivery Restricted Delivery
Mail
Mail Restricted Delivery
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❑ Priority Mail Express®
D Registered Malin"
❑ Registered Mail Restricted
Delivery
❑ Signature Confirmationrm
❑ Signature Confirmation
Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt
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CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com
.41
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
4/'5
Postmark
Here
Dant,
Street and Apoor&Un
No. H0ZI
30)50
ox
rv. e. IP4
SOLetJ
PS Form 3800, April 2J15 PSN 7530-02-000-9047
See Reverse for Instructions
NOTICE
Pursuant to the zoning laws of the SI
hearing will be held in the Chambers of thf
Colorado, Weld County Administration Bu
Colorado 80631, at the time specified.
If a court reporter is desired, please (_
days prior to the hearing. The cost of engag
party. In accordance with the Americans A
required in order for you to participate in if
Office at (970) 400-4225, prior to the day of
The complete case file may be exam
Commissioners, Weld County Administratior
Email messages sent to an individual Corn
ensure inclusion of your email correspo
egesick@weld.gov.
Date: April 17, 2023
Time: 9:00 a.m.
Applicant:
William and Noblet Danks
5435 East Second Avenue
Denver, Colorado 80220-5866
Request: Partial Vacation, VAC23-0020,
for Removal of Lot D
Legal Description: Lot D of Corrected Rec
of Section 6, Township 4 North, Range 63
Location: South of and adjacent to Count
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: April 5, 2023
W
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
3:27:10 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
(-4t4rtmi ',Ott „,,l_
Signature
37-4173
Date
Property Owners Within 500 Feet of Parcel # 105106200029
Account
Parcel
Owner
Mailing Address
R4177386
096336000017
LOWER LATHAM RESERVOIR COMPANY
8209 W 20TH ST STE A
GREELEY, CO 806344699
R8943745
096531300002
R & R FARMS LLC
24334 COUNTY ROAD 61
KERSEY, CO 806449508
R0129694
105106000015
HOLDERNESS SHARON K
R0129694
105106000015
HOLDERNESS ROBERT L
23464 COUNTY ROAD 61
KERSEY, CO 806449202
R0354295
105106000018
BUDERUS DANIEL J
R0354295
105106000018
BUDERUS JULIE ANN
R0354295
105106000018
BUDERUS SUSAN H
R0354295
105106000018
BUDERUS THEODORE A
26246 COUNTY ROAD 45
GREELEY, CO 806319756
R6775810
105106200023
DANKS NOBLET B
Parcels: 17
Owner Records: 33
Page 1 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
3:27:10 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
gebp4a. . ccictAgYtcl.
Signature
3/24/73
Date
Property Owners Within 500 Feet of Parcel # 105106200029
Account
Parcel
Owner
Mailing Address
R6775810
105106200023
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R6775811
105106200024
DANKS NOBLET B
R6775811
105106200024
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R6777292
105106200026
Lok 4
DANKS NOBLET B
R6777292
105106200026 j�
w+ A
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R6777293
105106200027
Lu4%
DANKS NOBLET B
R6777293
105106200027
be -1-.P
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R6777294
105106200028
1-44- A
DANKS NOBLET B
R6777294
105106200028
La -1-
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
Parcels: 17
Owner Records: 33
Page 2 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
3:27:10 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
datdin .1danttP-zi,
Signature
124/7,3
Date
Property Owners Within 500 Feet of Parcel # 105106200029
Account
Parcel
Owner
Mailing Address
R6777295
105106200029
DANKS NOBLET B
R6777295
105106200029
L P
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R6777307
105106300030
DANKS NOBLET B
R6777307
105106300030
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R6777310
105106300033
DANKS NOBLET B
R6777310
105106300033
DANKS WILLIAM C
5435 E 2ND AVE
DENVER, CO 802205866
R7528098
105106400022
BUDERUS DANIEL J
R7528098
105106400022
BUDERUS JULIE ANN
R7528098
105106400022
BUDERUS SUSAN H
Parcels: 17
Owner Records: 33
Page 3 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
3:27:10 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 105106200029
eta-tbm .G(10tAu)rtk,
1Z4/Z3
Signature
Date
Account
Parcel
Owner
Mailing Address
R7528098
105106400022
BUDERUS THEODORE A
26246 COUNTY ROAD 45
GREELEY, CO 806319756
R4254186
105301000013
FOOS LISA JEANETTE
2108 21ST AVENUE CT
GREELEY, CO 806316719
R0124991
105301000028
MILLAGE BROTHERS INC
22744 COUNTY ROAD 59
KERSEY, CO 806449208
R6784543
105301100040
WOLFE LINDA L
R6784543
105301100040
WOLFE VERNON E
22168 COUNTY ROAD 61
KERSEY, CO 806449204
R6784544
105301100041
BUDERUS FARMS
26246 COUNTY ROAD 45
GREELEY, CO 806319756
Parcels: 17 Owner Records: 33
Page 4 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
3:27:10 PM
THE UNDERSIGNED, States that to the best of his or,her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 105106200029
Parcels: 17
Owner Records: 33
Date
Signature
Page 5 of 5
o ia�v a8EC o 272549 12/16/91 16:09._ $5..00 1/001,
'� F �}80 Y D & N �I,ERK & . RFvCOitDEit WELD CO, CO
itemptire
Dow`
17,00
WARRANTY DEED
THIS DEEI ,10Nde this 13th day of December
19 91,, benison Terry L. Rothe and Marilyn Rothe
of the '*6,6;;;,,, Weld
State ofColorado, gseoea„eed-. •
William C.•Danks and Noblet 8. Darks
whose legal address is 3033 East 1st Avenue, Suite 303
Denver, Colorado 80206
of the County of Denver
WITNESS, that the grantor, for and in condideodon of the sum of
One Hundred Seventy Thousand end 00/100ths------------------ ------- DOLLARS,
the teuelpt and suf4dency of which h hereby aclmoel dged, has granted, bargained, sold and conveyed, and by these presents doss
gram, bargain, sell, convey and confirm tmto the.gtantses, their hens and assigns forever, not in tenancy in common but in joint tenancy,
all the real property, together with improvements, if any, situate, lying and being in the County of
Weld and State of Colorado, described as follows:
The NW 1/4 of Section 6,.Townehip 4 North, Range 63 West of the 6th P.M.
TOGETHER WITH Two shares of the capital stock of the Lower Latham Ditch
Company, One and one-half shares of the capital stock of the Lower Latham
Reservoir Coeepany and two shares of the capital stock of the Lower Latham
Eetension Ditch Company
TOGETHER WITH Irrigation Well No. 2, Permit No. 2-13960 as adjudicated in
Case No. 4,3705
Including 100% of the mineral interests subject to existing leases.
also (mown by street and number a 30150 Weld Cbu my Road 50
Kersey, Colorado 80644
• TOGETHER with all and singelar the hereditament* and eppou,,uexa thereunto belonging, or in anywise appertairdng and the
revetaion and eeversioea, remainder and remainders, rents, ILIUM end proffia rhemot and al the estate, right, title, interest, claim snd
demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appsoeamms.
TOHthVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, thou heirs
and aasigniforever. And the grantor, for himaeif, his heirs and personal representatives, does covenant, grant, bargain and agree to and
with thegtaease, their heirs and assigns, that at the time of the waling and delivery of these presents, he is we11 seized of the promises
above conveyed, has good, sure, perfect, absolute and indefeasible estate .of inheritance, in law, in fee simple, and has good right, full
power and lawful authority to grant, Navin, sell and convoy the same in muter and form aforesaid, and that the same are free and dew
from all farmer and other grants, bargains, sales, liens, taxes. aeeeeeats, encumbancea and restrictions of whatever kind or nature
swot except general taxes for 1991 and subsequent years; except easements,
•restrictions, covenants, conditions, reservations, and rights of way of
record, if any: except Deed of Trust in favor of The Federal Land Bank of
Wichita recorded June 21, 1976 in Book 770 as Reo...No..1691776, which*
• The grmtor stall and will WARRANT AND FOREVER DEFEND the ebom.bargained premises in the quiet and peaoeebk
possesdon of. the grantees, their heirs and assigns, against all and every person or persons !wittily claiming the whole or any part
thereat
The singuler cumber shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHBRBOF the grantor has executed this deed on the date set forth above.
*parties of the Second park hereby assume and agree to pay.
and
State Documentary Fee
Date :/ la "`z'.1
ee",,, 2 Ter L. Ro e
STATE OF COLORADO
County of Weia
The tbregoing•insnuntent was acknowledged before me this
by Terry: and Marilyn Rothe
•J,
I•
and State of Colorado, grantees:
13th •
day of
December
Maras my hand and official seal
My eeaeeielee expires December 1
.19 9.1
,19 94 .
tkeeryWWk
1113 10th Avenue
Greeley, CO. 80631
No. 9g1A. Rev. MS. wogsAxne ns c ajaea'n..a r
aril •M1.144,1747 wane Si.. Mum CO seem —tsor139Ltf00—
cil-rm — laid k-dA.
v t -y 1 ion.
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant
William & Noblet Danks RE -4882 I Planner: K Ogle
Legal Description:
NW 4 Section 6, T4N, R63W of the 6° P.M., Weld County, CO.
Parcel ID 6:
1051-06-2-00-025
Lot A Size:
3+1- acres
Lot B Size:
3+/- acres
Lot C Size:
3+/- acres
Lot D Size:
143+/- acres
Water Source:
Lots A -D: Proposed Central Weld
County Water District, or Lot D:
Proposed Well
Sewer
System:
Lots A -D:
Proposed 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.
Ar paoved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. The applicant has proposed a well as the source of adequate water for Lot D. 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 303-866-3681), to
discuss each individual situation.
3. The West Greeley Soil Conservation District has provided information regarding the soils on the
site. The applicant shall review the information and use it to positively manage on site soils.
4. Prior to recording the plat
✓A.
The applicant shall submit a proposed building envelope(s) for Lot D to the Department of
Planning Services for review. Upon approval by the Department of Planning Services, the
building envelope shall be delineated on the plat. Additional building envelopes shall be
labeled alternative building envelope. All building envelopes shall take into consideration
impacts to productive farm ground as well as the location of incompatible uses, flood plain,
ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements
and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld
County Code.
B-./- The plat shall be titled: Recorded Exemption No. 1051-06-2 RE -4882
C. The applicant shall close the existing point of ingress and egress to the easternmost lot.
AY.-- Lots B and C shall share an access, no circle drives or additional accesses shall be granted.
The access road shall be graded and drained to provide all weather access. Accesses shall
be placed in such a location as to have adequate sight distance in both directions, shall not
be placed below the crest of a hill or where physical obstructions are present and shall be a
minimum distance of 75 feet from any intersecting County or State roadway. A 30 foot wide
joint access and utility easement, fifteen feet each side of property line, for the benefit of
Lots B, C, and D, 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.
All approved accesses shall be clearly shown on the plat. The applicant shall contact the
Weld County Department of Public Works to determine if a culvert is necessary at any
approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal
Pipe (CMP) is Weld Countys minimum size. If the applicant chooses to place a larger
culvert please contact the Weld County Department of Public Works to adequately size the
culvert.
County Roads 50 and 61 are designated on the Weld County Road Classification Plan as
local gravel roads, which require 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way. All setbacks
shall be measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. These roads are maintained by Weld County.
A. The applicant shall attempt to address the requirements (concerns) of the Department of
Building Inspection, as stated in the referral response dated January 23, 2009. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
H. The applicant shall address the requirements of Weld County School District RE -7 as stated
in the referral response dated January 12, 2009. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights -of -way.
�. Lots A, B and C shall comply with the one (1) acre net minimum lot size required by Section
24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved
road right-of-way.
K. Lot D shall comply with the one -hundred twenty (120) acre net minimum lot size required by
Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include
reserved road right-of-way.
The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code,
shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot
radius of any wellhead. Any construction within a 200 -foot radius of any tank battery
or 150 -foot radius of any wellhead shall require a variance from the terms of the
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20.C.3 of the Weld County Code.
4) All structures requiring building permits shall be located within the designated
building envelope.
5) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building
permit applications. The legal description on such deed shall include the Lot
designation and Recorded Exemption number.
6) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A, B, C and D have an adequate water
supply of sufficient quality, quantity and dependability.
7) Prior to the release of building permit, the applicant shall submit evidence of approval
from the Platte Valley Fire Protection District to the Weld County Building
Department.
8) Potential purchasers should be aware that Lot D 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.
9) 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 there after.
10) 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.
11) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
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) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
14) Effective August 1, 2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
15) Prior to the release of building permits on Lots A, B, C and D the Lot owner shall
verify with the nearest Town/City or Sanitation District to determine the location of the
nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer
line exists within four hundred (400) feet of the property line and the sewer provider is
willing to serve the proposed structure, a septic permit cannot be granted by the Weld
County Department of Public Health and Environment. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
16) The property owner acknowledges that mineral owners and lessees have real
property interests that entitle them to surface use in accordance with Colorado State
Statutes and applicable Colorado oil and Gas Conservation Commission regulations.
(Department of Planning Services)
17) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, ranking fifth in total market value of
agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural
area must recognize and accept there are drawbacks, including conflicts with
longstanding agricultural practices and a lower level of services than in town. Along
with the drawbacks come the incentives which attract urban dwellers to relocate to
rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and
the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest, and gravel roads; odor from animal confinement, silage,
and manure; smoke from ditch burning; flies and mosquitoes; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches
and reservoirs cannot simply be moved out of the way of residential development
without threatening the efficient delivery of irrigation to fields which is essential to
farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated
with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and County roads outside of
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on
patrols of the county and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to
respond to emergencies. County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for
several days after a major snowstorm. Snow removal for roads within subdivisions
are of the lowest priority for public works or may be the private responsibility of the
homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand bum,
puncture vines, territorial farm dogs, and livestock present real threats to children.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood. Parents are responsible for their children.
5. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies the applicant shall
submit a Mylar plat along with all other documentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services• Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within sixty (60) days from the date the Administrative Review was signed. The applicant
shall be responsible for paying the recording fee.
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arcinfo Coverages and Arcinfo 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 mapstco.weld.co.us.
8. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to
the Weld County Board of County Commissioners with a staff recommendation for denial.
By
Date February 9, 2009
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