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Home My WebLink About20231243.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0016, OF TWO -LOT RECORDED EXEMPTION, RECX14-0131, FOR REMOVAL OF LOT B - MICHAEL COAN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on December 30, 2014, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX14-0131, and WHEREAS, the Board has received a request from the current property owner, Michael Coan, 28242 County Road 10, Keenesburg, Colorado 80643-9415, to vacate Lot B of Recorded Exemption, RECX17-0131, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX14-0131; being part of the SE1/4 of Section 19, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Michael Coan, for Partial Vacation of Two -Lot Recorded Exemption, RECX14-0131, for removal of Lot B be, and hereby is, approved, subject to the following conditions: 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. 4897569 Pages: 1 of 2 05/11/2023 11:00 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 "Ill Cc : PL ('T?/NN /ht1), RPPL . os/r1/23 2023-1243 RECX14-0131 PARTIAL VACATION, VAC23-0016 OF TWO -LOT RECORDED EXEMPTION, RECX14-0131 FOR REMOVAL OF LOT B - MICHAEL COAN PAGE 2 2. All recorded easements and rights -of -way (including County Road Rights -of -way) shall be delineated on the plat by book and page number or reception number. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: v;4, Weld County Clerk to the Board County Attorney Date of signature: 05/09/23 4897569 Pages: 2 of 2 05/11/2023 11:00 AM R Fee:$0.00 Carly Kopp�s, clerk and Racordar, W®ld County , co L Ma* 11111 4rr,___-Freeman, Chair 6L4 y L. Bu Pro-Tem 2023-1243 RECX14-0131 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Chris Gathman, Planner Subject Partial Vacation of Lot B of Recorded Exemption RECX14-0131 Owners: Michael Coan Authorized Agent: Michael Coan Legal Description: Lot B of Recorded Exemption RECX14-0131; being a part of the SE4 of Section 19, T1 N, R63W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 4 section line (non -county maintained) and west of adjacent to County Road 63 Parcel Number 1477-19-4-00-017 Total Parcel Size: +1- 74.36 acres Zone District: A (Agricultural) Summary: The applicant is requesting to vacate Lot B of RECX14-0131. RECX14-0131 was recorded on January 14, 2015 under reception #4075816. Lot B borders County Road 6 on the south and County Road 63 on the east. Both County Road 6 and County Road 63 are gravel roads and are designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local roads, which requires 60 feet of right- of-way. An agricultural access onto Lot B from Weld County Road 6 has been approved under permit # AP14- 00514. Lot B is currently a vacant parcel. 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. 2023-1243 513 Vacation of Lot B of RECX14-0131 I Coan Page 1 of 2 "Rsc_)(14-o131 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. Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following conditions. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. B. All recorded easements and rights -of -way (including County Road rights -of -way) shall be delineated on the plat by book and page number or reception number. Vacation of Lot B of RECX14-0131 I Coan Page 2 of 2 April 14, 2023 To: Weld County Planning I am requesting to Vacate Lot D, RECX14-0131 Thank you. e,� Michael J Coan Vacation Plat of Lot B Recorded Exemption No. 1477-19-4 RECX14-0131 Being the East 1/2 of the Sourtheast 1/Si:. Section 19, 'EP7o. North, iie 63 West ofth County of Weld, State of Col Sheet 2 of 2 0 x0/3 � REfiNR WRH 2'1B UNINUN fAP LS 12]30. $6r07'77Y1 1317.50' SOUND ]R ^p E6,R]WwN ZR SECTION 1 UNINV / LEGEND: ClION CONTROL M UNE. FOUND 5/8" RE6W WITH PIA COOROM RIG. OF WAY E%ISLING CO ORAP.C .4LF 1' -zoo' 200 400 600 LINE. NOT 04D TRAVELED SURFACE. I. 38046 wGTED ON Br RESOLUTION No. _- coinMlssIDNERs or weio co°u i°roP couNTr ECOROED ___ M RECEPTION NO. _____ 74.36 ACRES A- 111:41:45.- VoEuro EAST / B CORNER SECTION wMx ��IUIN NV'/1" Ri6W WITH ] 1/<" N CAP 5 ]x993. Ac[ _ _Nero usrE`7'Si4"s- WELD COUNTY ROAD fi \ Ecn Lii. it , 63,..uiw.1i1Y4«. FOUND ]/4 CRE9PR WRHIDN 20. .LLUMINU C4P LS 73D77. 1/4 121117nm Isn�`� ' �2RZe,e, ,, lid/ land S azitA g Co. Fa W/ pn0 CarpnlMn MI Po Ye. 1b, Yr1YhWM EO YYPoI P:]84191-i6H . nT.W,I.areY.un sruE 1 - 200' 1 0xw m. Na I cxLc%m n. cm I O+Tc: rN,wN 28, 2m.Y Vacation Plat of Lot B Recorded Exemption No. 1477-19-4 RECX14-0131 Located in the Ecsl 1/2 of the Southeast 1/4 of Section 19, Township 1 North, Range 63 West of the 6Th P.M., County of Weld, State of Colorado Sheet 1 of 2 PROPERTY N BE YAGIED: NOT %b SB fi BE G%A PARTONOF TIE GSTi%3 OFLTHE SOUTHFrW/SLi01%400f SECTION 19�r TOWNSMP 1NNOMH 4kANGES6 wESf POTION HE 6TH PRINCIPAL MERIDIAN, COUNtt OF W L0. STATE OF COLOMDO. PROPERTY DESLNIPTION AFTEF VAG LION: / PRiNC1PN PN FIDMN� COUNISV! OE)WELO,TMSIASE O! CO oMtO MORE PMTICUURLT5aSCRI 8 AS TONOOEWGJ WEST °". 6TH OOGOB'])G YIE51�� OIStANC�E rOG03,)6 )�FFEGETIO LOi THE EAST A 01: CE EAST LINE OF I USi 1, KN N0. rt A SOU NE WEST 111 R LESS. COUNTY OF WELT, STATE D LEGEND: HEEq F �HC fi H PGN. i6EASr MEO iD BEMHNO M Ob06'J WEST. AS MONUINEN EO HEREON WiNi AIL VB ARING5 CONIAINEOE fiJ I REUTNE iHEREYO. i1 C 0 COLORA00 UW YOU USi COMMENCE ANY LEUL ACTION TIN ANY DEFECT W THIS SURVEY WITHIN NPEE YEARSCAtER YOU nRST DISCOVER SUCH DEFECT N NO EVENT VAv ANY RCTION w5ED U� 0 MANY DEFECT IN TH15 SURVEY ENCEEOATHECDOLNUR EAMWNirfOR415 SUME7 GTE OF THE LERNFIUWON SHOWN EREON. EVENT SHILL THE LMBILItt GL' co Nu RE HAS TITLE i0 THE LANG ON WHICH SNO NONUNCNT ORACCESSORY IS LOCATED COMNILS A CIASS f M19DENFANORUNL55RIOF TO SUCH ,EMI': SNO PERSON HAS GL5E0 COLORADO PROEE55c VJ. SURVEYOR i0 ESTABLISH Ai LEAST 1W0 W`YNE55 40NI1MENi0 RECORD PURSGNi 50FO�EACH65Up MO UMEfiNi A'TACCESSORY REMOVED ANO INS FILED OR GUSED TO BE ED 51 CEIITIFIGTgN pEFINED: E USC OF THE WORD 'CERTIFY OR 'LERTInUTIG' BY A RECISTEREO PROFESSIONAL UNO S INETOR, IN 1HE PRACTICE OF UNO SURVEYING, CON5TITUTE5 AN E%PRESSION OF PROFESSIONAL OPINION ,ECHOING 1H05E FACTS OR iMP�IIEO WHICH ARE SUBJECT OF nIE CERTIEIGl10N. ANO 00E5 NOi CONSERUTE A WARMNIY OR GUARANTEE. ERHER E%PRESS 61 EASEMENTS ANDNOPIGHTS G YNV OF RECORD HAVE BEEN RESURCHED er AMERICAN WCST '.° SURVEYING `.........°° 5 01YN HEREON. LE LOMMITMTENT WAS PROVIDED BY THE CLIENT fOR iNl5 SURVEY. i, 6CF9]W B T 5SEC R63W SEC. ) ii5 R6JW NJ, SEC. 19 i S R63W ia�noflu 55C.R 20 i 63W CR 4,4 TS5C.R30 6]W '55,1 SCALE.1 =TOGA' WELD COUNTY NOTES: THE HISLORIC/5L ELOW PATTERS ANO ftUNGF AMOUNTS WILL BE MNMWNED ON THE SITE. PROPEprY OWNER'S CERDFKAlE: TFACL 0 OLANDNW MEREBVrVMAFL.rap UNISWNrPUT 0 RECORD AS SWONEOiHL pCCOMPANYINGEMZ° EH R re'. E%ISONG EASMENi5 ARE NOi AfFELTED BY THIS VAG110N UNLESS INDICTED AS YAGTED BT iN15 PUT' ON 1HF ACCOMPANYING MAP HGEpON. NY EASEMENT CREATED BY THE ORKINAL UND DNISION PUT THAT IS NOT SHOWN AS VAGTEO ON 1HE ACCOMPANYING 5 HEREBY REO/5ClEO A5 SHgYN, qOM RIGHTS -Of -WAY ARE NOi gEFECTEO BY THIS VAGnON. MICHAEL J. LOAN STATE OF COLOMDO COUNtt DF WELD l( - NO WrtN PIRES __. ANT 5U, NOTARY PUBLIC IS LEGGED BEFORE NE THIS ____ GY OE ED lNTCATE OF APP L ION APP CORP.MTE SEAL ONWR. 50.0 pF COUNT' 50.555,0NER5 ATTEST: WELD COU., LLERN i0 THE 90/5,0 pEPUTY GLENN TO THE BOARD 5 OF WELD OUNtt. SiAIF Oi COLORA00. ]0 .155EYOR'S LERTInGTE: 1. 4ERLE p. H005. A gECI5TERED PROFESSIONAL UND 5URVEMR IN THE E OF COLORADO, Dll HERERY CERTIFY TFMI THIS VAFURrITOHER ER " M�iP�HEOSUNMEY ANO iwG5PUpRCONP ILETDWITN ALL �1PL�ILABpR PULLES NRU�IONS �ND UWSrIOG iHEERSElO,Li' OF OLORADO. SLATE BDMD OF REGISTRATION OR OFESSONAL ENGINEEfl$ AND OFESSIONV_ SUPVEYOR5, ANO WELD COUNrv. E MERLE R. 005. P.L5. 36046 OR ANO ON RENAL! Of �CO UORAOOE CORPORATIONEYINC CO. } W" Land 3urve pg Co. WN/ 0.mV Cxy�llen INI Po BY tN, W'NNRM CD IfiIDI . P..bi-NE-ISR � mrK.WluWplel.mn DLL. c:uNLs< DIESAwN YAu,IDR PNms14AREc%I.-Ru, MwiL.W= .M. w .]-a> i RSWs1o�Jii�i 1 am.m m. LOH 1 a,s: E..,mY m. ,o:, ..oigne,ea/rk greed Recorded Exemption No. 1477-19-4 RECX 14-0131 WELD COUNTY NOTES: ALL PROPOSED OR EXISTING walk. OF 0o MEET slag SETBACK AND OfF5ET EZB CEKMIEN THEPoWELO iii CODECa FEOUIREDESEP'iPoBACK IS IMEASLUPED FRPoOM METNTUREERIGHT,, AY LINE. •R WILDONGN IN SELTOIIIR: A2b(1-FOOT RADIUS OF ANY A 1W0-HU OREO-FOOT roRADI OF ANY TANK OBRCTIEN OR ONE-HUNOREFlLFILL SHALL REOUIPE A VARMNCE FROM TME 1ERM5 GF THIS CIIMIER IN ACCORDANCE DE RED OSE OCC NCI 5. 23 2) ANT FUURE STTtUCLURE5 OR USES ON SITE MUST OBINN LHE APPROPRMR 2 NING AND BUILDING PERMITS. WELD COUNTY CODE. GIBLE GOR A fUTURE GND EXEMPTION IN ACCORDANCE WITH SECTION 2a 8-20.C.1 Of iNE 1�LES5 pafi BY DECD CWDNNEXBEOANRO Of CNAOMMISSIONEERS M M.COgD�NttCE WiT,(31b ONE11Te 10.P. OF TME WEIR COUNTY CODE. RECOPOEp E%EMPDONS d! AOUACEN, PROPERRES NAY PNSE THE ISSUE DF COMPLWICE WRH THE INTENT 0 THE RECOPOEO E%E4PnON PFOLES5. PPRWAL OF MI5 RECORDED EXEMPTION DOES RT GUARANTEE APPRWAL OF FUTURE APPIICATON5 ON nDJACENT PROPERirt5. PRIOR TO THE RELGSE OF BUILDING PERMR5. THE APPLICANT SHALL SUBMIT A RECORDED DEED DESCRIBING 1HE LOT UPON WHICH THE BOLDING PERM' IS RE417, WITH TME BUILDNG PERMT APPUGTION5. E LEGAL OESCRIPTON ON SUCH OEFD SHALL INCLUDE THE LOT DESIGNATON AND RECORDED EXEMPTON NUMBER. B P TO TME REIFASE OF BUILDING PERMITS, THE APPLIGNT SHALL SUBMIT EWOENLE TO THE DEPARTMENT OUAN�xIN1�S0EKN0ABTMIL'YT. NE LOl5 A AND LOi B H/,VE Ax ApEOUATE wATER SUPPLY OF SUFTICIENi WAlltt, P�RMUZ,F,T ANLL S�FOR U1510E eRRIGARON ANN/OR THE WATNEAPINGOOF 310ONIAMMFAOIS. Vela owai. Oi WATEP RESOURCES ISSUES ALL WELL PERMITS. Being the Eost 1/2 of the Sourthecst 1/4 of Section 19, Township 1 North, Range 63 West of the 6th 41^n - County of Weld, State of Colorado f0 NUNU '5'. PFE9FFRWRH r 19. 101 POIENTAL PURCHASERS SHOULD BE MVME THAT CROUNDNATER MAY RT MEET ALL DRINKING WATER i ALUMINUM GP LS 123J0. 5B9'OJ'2J". _ kJ AS DEFINED Bf THE COLOMOp DFPARiMENi OF PUBLIC HEALTH AND ENVIPONMENT. RIE WELD DRINKING WATER PRIDRPTO �COLINCSUMP�IION µD PERRIOgCLLLY �E E LAYFFERTURABES WELL USERS TO TEST THEIR � 1312.50' 5E"J/a�K TJO/REBCARRWIEnI5Z CT/fM t9.= / ALUMINUM GP LS 38016. Sheet 1 of 1 LOi A W. 6 sCAlECINtt MAP : 2000' G �EE TN ,,5 URCNIS EPSMIROWILL BE ISSI�IFD FOR THE L03. - LOT MALYE# UEDIED NpI BUELDARBLE 6 wELLLPERM�NIi5ER 5 UNABLE TO OBTNN A WELL PERMR. THE STATE DMSICN OF WARP RESOURCES ISSUES ALL 2) SHOULD NOXIOUS WEEDS EXIST ON TIE PROPERtt OP BECOME ESTABlI5HED AS A RESULT OF TME WROPOSED DEVELOPMENT TIE APPLIGNT/1AN00WNER SHALL BE RESPONSIBLE FOR CONTPOLUNG THE NOXIOUS ))FDS, PUPSVANi TO CHAPTER 5. ARIICIES I NID II OF TIE WELD COUNTY CODE. MEETBTHEFlNRION Of CE TO TIE 0 1HE CONSTRUCTION OF ANY BUILDING. BUILDINGS THAT EREEDEBUELMNC fEERMII5F HOWEVER 29 CEHIIfTGTE pF CiroN iPrNWIMEM ANO AN ELECTRICAL AND)ONR PLUMBING PERM' IS LDINC OR WATER FOR WATEWNC OAA ASHINC OF LNESTOCK 1) THE HISTORIC fLOW PATTERS AND RUNOFF AAI UxT5 wIL 1 F)THFTCA°,14IOE RW EIMPPCTHFEEE PROGMM.LOTS VRLL BF REOUIREO TO ADHERE TO THE FEE SFRUCNFE Ob) BUILDING PERMRS ISSUED ON THE PROPOSED LOTS. WILL BE REQUIRED TO ADHERE TO 1XE FEE STRUCTURE OF THE COUNTY FACILItt TEE AN0 OPPINACE IMPACT F£E PROGRAMS. PoS D E%IEPNEM PoN� JI,NX RICCAWTON DITCHES,WIC:*�51 NI �N B NIGH SPEED TRAFFIC SAND BUP5. PUNCTURGS AND AUFEEY� BUij jig FOR TIfNERPROECTIONROwT1F TANF. # � SEF 5/B' � . FW ND S, TE 65 NOTED IC REBAR WOH BLUE PIA511C GAP L5 12330. 6. GRAPHIC SCALE 1'200' 600 F�D/N CAPRENflEAP WiiIC1iI�N 9.--� ALUNINU 531995. 1/1• \ FAST /0 CORNER SECTOx 19.— OIUND 3/a' EBAR WITH 2' �\ PLUMINU GP LS 123J0. LOT A 5.32 ACRES +\ GN 5.00 ACRES +\- � 1 rcRMRv a.''�S5�Y Jy • NBB'0> 2J'E a96.89' T LOT B J .36 ACRES +\- GR055 J1.98 ACRES +\- NET nrtlluE aE°iXNwmNED. �iKi aosl• \II12.6B' -A4 \�- SOVTH tea CORNER SECTION 9. MUMIN3 a• LILW MTH 2 1%1' P•c[ 3eo y Ai Gv s 2J501. WELD COUNTY ROAD 6 I Ei3/e CPEBAEF WITHIjNt�1' % ALUMINUM aP Ls 2]on. LIU,TE TIESRRE ACCURATE APPUGBLE R a+oiEssroNu PROPERTY11//DESCRIPTION: PRZ7, MEpIDMNTMCONtt OE WEL�� STATEEOFOCOLORADO. NSHIP I NORTH. RANGE b] WEST OF THE 6TH PROPERTY OWNER, CERTIFICATE: }HE UNDERSIGNED, BEING TME SOLE DXNEP IN FNE OF iM ABOVE DESCRIBED PROPERtt, DO HEREBY SUBDIVIDE ONE DISIFIGT AIIDW�9 SEMEN ED VETO PROAOE AHEERA�C THE CO RUCT Oi OTMEP USES BY MGNTUACCE 01, USES AND USES BY SPECML REVIEW. STAB OF O�LO�P,A�FDD r COUutt 0�11♦IF'� ) SS THE FOREGOING CER'fIGTON WAS ACKrvOWLEDGEO BEFORE ME THIS i. OF 3. 1" a- is» CCMMISSION EXPIRES __ NESS M1' HAND AND SEAL. :757,70:5,0":07.'0`55:1575,7575:40:5::=5:7/07.c575 -0",°:""R"'" REVIEW: LING. DIRECTOR. —.cu.?, OF PGNWNC ERV($ 7STATE of COLORADO 0 OF WELD ) 55. THE FOREGOIR CER'FIGTON WAS AIY COMMISSION E%PIgE5 ySlaa 55 HANG AND SEpA�L�'. L��y"y� NOTAFY PUBLI� SURVEYOR'S NOTES: WESB OIG TiE BM roPGRSN IPK NEP pINl�E6 ASS�MEDWTONB�INORTHF 6YOYIbfi'1EA TTO, wis5MONUMEN�iEOHEREON eJ WITH ALL BEARINGS CONTMNE➢ HERIH, REIAINE THERETO. 2) ALL ONTMICES SHOWN HE ARE GRWND DISTANCES IN V.5. SURVEY FEET SLI(NLIC'OWRIHIN TUREEL °""‘E,-,14:4.557,4, DINS 0 SHOWN HEREON WINO IEVENL HALL�TMLIANI ON WHO KNOWINGLY pEM0VE5 OR KNOWNCLY SURVEYOR, CERTIFICATE: 5, A REG GIN OE UP DEFECT IN THIS ANY ACTION BASED �OF THE CERTIRGTION RVEY. NC CE D SU ORVRADTNCE CIIOFtt15fIOlURTE5EAN E%PRUSSION OFRPPIOi�E5510NLLO0PINI0N� ICH ARE 5UBIECT OF ME CERiIFIGT10N, AND DDES RT CONSi'uTE A 5 OR IMPIlEO. PIAROFW�51 PREPARED UNDE�H OMY IPEfl50NP�LATSUPERN5pNGANO GHAT �E�PICAER i5 p0IAW5 OF THERST TETOF LOLORTMAE00 STATE BANGR� ER $FORH ALL OFESSIONAL SURVEYORS. AND WELD COVNtt. iORLNVD ON BEH� O �a6 ANCOLOPADO CORPORATION PING CA Isnr veying ro 60•,21. 66.60 W 10101 • 1.63460-161. 6,16-R7E-0lJS • a,w.76 AM6XM W.R LtME I• • WXl IMW: gym. a. 2911 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 3, 2023 Time: 9:00 a.m. Applicant: Michael Coan 28242 County Road 10 Keenesburg, Colorado 80643 Request: Partial Vacation, VAC23-0016, of Two -Lot Recorded Exemption, RECX14-0131, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RECX14-0131; being part of the SE1/4 of Section 19, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 4 section line; west of and adjacent to County Road 63 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: April 21, 2023 N Er 0 0 0 rR a N ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX14-0131 Owner DAVID AND SHAINA CLARK MICHAEL COAN Address 2415 COUNTY ROAD 63 28242 COUNTY ROAD 10 City State Zip KEENESBURG CO 80643-8602 KEENESBURG CO 80643-9415 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RECX14-0131, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 21st day of April, 2023. LoctA (Arnica__ Janet M. Warwick Deputy Clerk to the Board U.S. Postal Servicet° CERTIFIED MAIL® RECEIPT Domestic Mail Only � For delivery information, visit our website at www.usps.com ' . I 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 ., PS Form 3800, April 2015 PSN 7.;3&I-02.000-9047 4 zi Postmark Here dirde S D ,LI3 - girt - See Reverse for Instructions m 1 0) N, 4.• -�— C °' CD r Q Q Z C) IN1 a) 0 ❑ �❑ J`C` T C a?r c. •E -2 -a >` > Ibis 1 ; a}) ,.NTutu a) X 0 i O 0 _47! 00 icu U -a a) QU ❑ Dt a a a) U a) CC c O C) U N a) CC ) cc • ≥ •? aa0o 2 c c 'U o o W O 00 ❑❑❑[ i cri (d N T E O a • U U) ocs a ci 13 E C O 0 -a U C 0 a) a) 13 m t Q ✓ T LO ' LO CO CO 0 9590 9402 7331 5� N U, 3 ■■ RI IT" a) co O C D z U Q N I a 0 a 1 a r — Domestic Return Receipt CO 8 0 0 9 i O N- U) O O T CO co tL co n. a a I' U.S. Postal Service CERTIFIED MAILS`'' RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) Certified Mail Restricted Delivery Adult Signature Required $ Adult Signature Restricted Delivery $ $ Postage Total Postage and Fees USE 4I7A Postmark Here See Reverse for Instructions a E v �7 r?) c)sessezzfl Q X m C 0 -o -o so Ct3 a) C) d a) U N CIJ 2 CC 00 a C3 E m 'cam._ UU O �m� 02 V) O Ci3 N 'i ≥ O c w .0 .0) a' cc a U) CO CC C c 2 2 Cn U)Liz (n -0 a) a) <40000. r) a m 0 c .a ≥ -o a) o a) o ti a t- o U) N U CC ti O N CC 8 o o c — n a a). 20CC.≥.> -a-) 7) tr 00'- 0U 11 a) a) O O cvi ODO( items 1, 2, and 3. 0 a) a O O • a) (I) U Cl)..o O Q. > i) (d O O 4-4 a) O O ai -O 0 Uco ai U y E 92o ctsC) -o a 8 a 4) O a) D"_ 5 1 -co +r C o O O L. a) = a =3 ra) o }'-C >1 CO -C 4-1 4-0 Cl. O Q o • • 1. Article Addressed to: I co kr) v l 3 1 anims :.; lv INNIMMNISMIP 2028 8551 9590 9402 7331 nu- Q-' 0 a Len Domestic Return Receipt M O O 0 N- ths 0 0 5) w CO CO IL 0 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/17/2023 11:47:09 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. C4OCC .I/60A ► L Signature Date Property Owners Within 500 Feet of Parcel # 147719400017 Account Parcel Owner Mailing Address R8943305 147719100019 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R8940809 147719400016 444 CLARK SHAINA L R8940809 147719400016 ��/'�/� ' CLARK DAVID C 2415 COUNTY ROAD 63 KEENESBURG, CO 806438602 R8940811 147719400017 .11 1] W4 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R8974632 147719400022 OLIVAS FELIX CARDIEL AGUIRRE R8974632 147719400022 OLIVAS ANA CRISTINA AVENA 16141 CASLER AVE FORT LUPTON, CO 806214402 R8974633 147719400023 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R1026502 147720000011 CHAVEZ BERNARDO R1026502 147720000011 CHAVEZ ALMA 2266 COUNTY ROAD 63 KEENESBURG, CO 806438601 Parcels: 14 Owner Records: 21 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/17/2023 11:47:10 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. Jtht;d114 U (AD uL Signature Date Property Owners Within 500 Feet of Parcel # 147719400017 Account Parcel Owner Mailing Address R6787470 147720300003 YORK MAURICE K II 2356 COUNTY ROAD 63 KEENESBURG, CO 806438601 R8964278 147720300021 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R8945189 147729200001 WALTERS TAYLOR 14940 UMPIRE ST BRIGHTON, CO 806038884 R8945192 147729300004 THOENE CAREY R8945192 147729300004 THOENE KEITH 1601 COUNTY ROAD 49 HUDSON, CO 806428601 R8957179 147730100010 WEISENBORN CHRISTINE RENEE R8957179 147730100010 WEISENBORN FREDERICK R 30668 COUNTY ROAD 6 KEENESBURG, CO 806438415 R8957180 147730100011 PERKINS LAND & LIVESTOCK IV LLC 1514 MAIN ST UNIONVILLE, MO 635651658 R6778741 147730100021 ZAVALA JESSICA Parcels: 14 Owner Records: 21 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/17/2023 11:47:10 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 # 147719400017 (-AZ& 114 - OciA 1-11 /-7 X23 Signature Date Account Parcel Owner Mailing Address R6778741 147730100021 ZAVALA MARCO 30938 COUNTY ROAD 6 KEENESBURG, CO 806438415 R6778742 147730100022 BUROUGH JANELL R6778742 147730100022 BUROUGH OTIS 1725 COUNTY ROAD 63 KEENESBURG, CO 806438420 Parcels: 14 Owner Records: 21 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/17/2023 11:47:10 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 # 147719400017 Parcels: 14 Owner Records: 21 Date Page 4 of4 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: 3/ Cv [ 2 3 AMOUNT: $ r CASE # ASSIGNED: VAC- 13 - 00 ( (6, APPLICATION RECEIVED BY: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be vacated: LOT D, R EGoeaeAD Gk6M'PT to a R ECX 14 -021 S /9 T / N R /.SLO IN 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 Acreage Affected Easements B 147719400017 74.3k NONE PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: M, 1,Ck}A EL T. CoAN Company: Phone#: 303 — 704-3490 Email: gMCo�4N MH00 co Street Address: 2824? cLcx)A `TY Roma /o City/State/Zip Code: K�NE5$Soto4.1 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. „3,0 Signature: Owner or C'.cprized Agent /At Cto- EL T C.O A -N Print: Owner or Authorized Agent Print: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date 4818174 Pages; 1 of 4 04/12/2022 01:22 PM R Fee:$28.00 R Fee:$0.00 Prepared by: Carly Koopes, Clark and Recorder, Wald County , CO 1Iil 1fdli h11110 4 II t14 Bill Michael J Coan 28242 County Road 10, Keenesburg, Colorado 80643 Parcel ID: 147719400017 Quitclaim Deed THIS DEED is dated , between: Michael J Coan, married, of 28242 County Road 10, Keenesburg, Colorado 80643, (the "Grantor") AND Michael J Coan, married, of 28242 County Road 10, Keenesburg, Colorado 80643, (the "Grantee") WITNESS, that the Grantor, for and in consideration of the sum of $10.00, the receipt and sufficiency of which is hereby acknowledged, have remised, released, and sold, as well as quitclaim, unto the Grantees, their heirs and assigns forever all the right, title, interest, claim and demand which the Grantor has in the real property, together with improvements, if any, situate, lying and in the County of Weld of the State of Colorado, described as follows: PT SE4 19-1-63 Lot B Recorded Exemption No. 1477-19-4 RECX 14-0131 according to the recorded plat in the Office of the County Clerk and Recorder filed January 14, 2015. This property is also known by street number as TBD County Road 6, Keenesburg, Colorado 80643. Assessor's schedule or parcel number: 147719400017. 4818174_ Pages: 2 of 4 Carly Mee., CIerk Pena Recd der, .i1d County F.:$0,00 11111 r �a'i,« l u , t��'i trilif chili iivi 11111 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges belonging on the property, or in anywise appertaining to the property, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use and benefit of the Grantee, and the Grantee's heirs and assigns forever. IN WITNESS WHEREOF the Grantor has executed this deed on the day and year above written. Signed in the presence of: Signature /V1,1 e..14 A t; -L_ t`_o A N Name 442 Michael .1 Coan 4818174 Pages, 3 of 4 04/12/2022 01:22 P11 R Fee:$28.00 0 Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III lM.lWIACIEN' 11111 Spousal Acknowledgement I, Betty A Coan of 28242 County Road 10, Keenesburg, Colorado 80643, spouse of Mich l n, in accordance with the above Quitclaim Deed, and in consideration of the above sum and other good valuable consideration received, do hereby waive and release to the Grantee all rights of dower, curtesy, homestead, community property, and all other right, title and interest, if any, in and to the above property. Spouse's Signature: STATE OF COLORADO COUNTY OF The foregoing instrument was acknowledged before me, nptritt,b , this 11 k>, day of by the Grantor's spouse, personkly to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. My commission expires 3i 7-,2 Notary County of GO Q, id MORGANN DANIELS O NOTARY PUBLIC - STATE OF COLORADO I NOTARY ID 20214010708 I MY COMMISSION EXPIRES MAR 17, 2025 4818174 Powys:. 4 of 4 04/12/2022 01:22 PM R Fee:$28.00 County :$G 00 III I Carty Kopp., Clerk and Recorder, Grantor Acknowledgement STATE OF COLORADO COUNTY OF U—) C� tlk.J5 , this L!I day of The foregoing instrument was acknowledged before me, V o , by the Grantor, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the rostrum ent the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. My commission expires`'3"I 1 `,31 Notary ' blic, the State of Colorado County ofW MORGANN DANIELS NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20214010708 MY COMMISSION EXPIRES MAR 17, 2025 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Michael J Coan RECX14-0131 Planner: Tiffane Johnson Legal Description: East 63 West half of of the the Southeast 6th P.M., Weld Quarter County, of Section Colorado 19, Township 1 North, Range Parcel ID #: 1477-19-0-00-011 Lot A Size: +/- 5.0 acres Lot B Size: +/- 75.0 acres Water Source: Lot Lot A: B: Proposed Proposed Well Well Sewer System: Lot Wastewater System Lot Wastewater System A: B: Proposed Proposed Treatment Treatment Onsite Onsite Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3 Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. 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. RECX14-0131 Page 1 of 5 2. The applicant has proposed a well as the source of adequate water for Lot A and 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. Prior to recording the plat: A. The applicant shall address the requirements of Weld County School District RE -3J as stated in the referral response dated December 8, 2014. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. Lot B 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. C. 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. D. 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. E. 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. 4. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1477-19-4 RECX14-0131. B. All recorded easements shall be delineated on the plat by book and page number or reception number. C. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number AP14-00514. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. D. County Roads 6 and 63 are designated on the Weld County Road Classification Plan as local roads, which require 60 feet of rights -of -way at full build out. The applicant shall verify the existing rights -of -way and the documents creating the rights -of -way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future rights -of - way. If the rights -of -way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. E. Setback radii 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. 5. 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. RECX14-0131 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 twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty -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) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 6) Evidence shall be submitted indicating land has been released from the CRP program prior to the release of building permits. 7) 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. 8) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and Lot B has an adequate water supply of sufficient quality, quantity and dependability. 9) Potential purchasers should be aware that Lot A may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 10) 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. 11) 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. 12) 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. 13) Building permits shall be obtained prior to the construction of any building. Buildings RECX14-0131 Page 3 of 5 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. 14) The historical flow patterns and runoff amounts will be maintained on the site. 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 16) 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. 17) 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; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel RECX14-0131 Page 4 of 5 roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit 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. 7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 8. The Department of Planning Services requests respectfully 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 maps@co.weld.co.us. 9. 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: ' CiA7-e, E_�Z•�iit_, Tffane Johnson, Planner Date: December 30, 2014 RECX14-0131 Page 5 of 5 Hello