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HomeMy WebLinkAbout20231839.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0033, OF THREE -LOT RECORDED EXEMPTION, RECX16-0034, FOR REMOVAL OF LOT C - MICHAEL AND BETTY 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 April 28, 2016, the Department of Planning Services approved Three -Lot Recorded Exemption, RECX16-0034, and WHEREAS, the Board has received a request from the current property owners, Michael and Betty Coan, 28242 County Road 10, Keenesburg, Colorado 80643, to vacate Lot C of Recorded Exemption, RECX16-0034, located on the following described real estate, to wit: Lot C of Recorded Exemption, RECX16-0034; being part of the NW1/4 of Section 14, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Michael and Betty Coan, for Partial Vacation of Three -Lot Recorded Exemption, RECX16-0034, for removal of Lot C, be, and hereby is, approved, subject to the following condition: 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along 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. 4909732 Pages: 1 of 2 07/18/2023 10:40 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 cc:PL(1P/MN/MN), APP(,, 07/26/23 2023-1839 RECX16-0034 PARTIAL VACATION, VAC23-0033, OF THREE -LOT RECORDED EXEMPTION, RECX16-0034, FOR REMOVAL OF LOT C - MICHAEL AND BETTY COAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: j) W Jep;„k Weld County Clerk to the Board BY: AP Co F % Attorney Date of signature: O7/11/2-3 4909732 Pages: 2 of 2 07/18/2023 10:40 AM R Fee:$0.00 iillgra6liiikieCliaiiilalii4licritill1111 ountyCO�i���ri ti11111 EXCUSED M. eman, Chair 4-30. Lori Saine Pro-Tem 2023-1839 RECX16-0034 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Molly Nelson, Planner Subject: Partial Vacation of RECX16-0034 Hearing Date: June 28, 2023 Owners: Betty and Michael Coan Legal Description: Lot C of Recorded Exemption RECX16-0034; being a part of the NW4 of Section 14, T1 N, R64W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 10; approximately 0.50 miles West of County Road 59 Parcel Number: 1475-14-2-00-042 Total Parcel Size: +/- 122.86 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot C, being the largest lot of the three -Lot Recorded Exemption RECX16- 0034, recorded August 11, 2016, reception #4227383. This partial vacation of Lot C of RECX16-0034 would result in an approximately 122 acre unplatted parcel. Lot A and B of RECX16-0034 is not a part of this action. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 2023-1839 Vacation of Lot C of RECX16-0034 I Coan Page 1 of 2 'fie -X Lp-db3t4 Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Vacation of Lot C of RECX16-0034 I Coan Page 2 of 2 April 25, 2023 To: Weld County Planning Department I am requesting that Lot C RECX16-0034 be vacated. Thank you, Michael J Coan Vacation Plat of Lot C, Recorded Exemption No. 1475-14-02 RECX16-0034 Iocats4 in the taorthwest t/4 of Section 14, Township 1 North Range S4 West of tha 6th P.M., County of Wald. 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NZ TYRQT a � � aXb f r.MC 4 W WNiwn:� l%ntG54 5?tiWN Y.FRNC N UN00 m E OW WWNAIYtlidt �WIL Ct IL�'£C� a 0101 -0 IRE ...ITO ON I, Srt_ E ONJERSCNED, B[ING TYE SOl£ OwNE IN FEf OE ME F90Ppery DfSCRBCD HEREON ECOGN2EU ti rN UTRS TRACT Of NVD, DO NCREBY VACATE THE'..AND gN510N PLAT 0" RECORD AS SHOWN D,t "Nt AC.DUPANPNC NAP HfltEOX, iX61WG EAS'EMFNIS ARE NO' PFFECfcU PY THIS WOPnON UJLE� �NUIUTF.O AS YAGIED ZY TH13 PLAT' CN i E AWONPPNY�NG MPR 5 IKRCL't REDACI'l AS�SIIOM'N.TMR04I: RIWi3 OE VPY IARE�NO� PRCEI'u. � X5�`:PL,:TONAtiI ON 'elE AttONPNmNG BOA ACO 'AU,. OF COURJY C0SONER5 E'ERJIFlOATE 0f AFFROVA IO �iNE� uY HAND AND THE COR D OOUnry THIS E4Y BY' OEPETY CT.. TO TH. BONTD TE: JaR FOR�PN� ON BfMALFE�F��E TR�W+WCOIROHA�O CO AYttn�Mti wlr.A+WApµ.M meoicezet fr. Ir ti ar1Yl4 W 1101 P R7?MI� MFMII � RR�� y1 ,• . ]� I fill. M wM 1 GMne wA �' L UW 1l, eif Vacation Plat of Lot C, Recorded Exemption No. 1475-14-02 RECX16-0034 Looted in the Northwest 1 4 of Section 14, Township 1 North, Rp�n1gqe 6a eat of the 6th PN, COUnty pt Weld, SLptO Of COIOrodo Sheet 2 of 2 ♦ Tend 8>< rveepFng Co. . Mr ae ee+., CO 11$14..316.4.1.06.411.11 ....,e,,. Q19µ'+191,RIh1iM1lbgiJYipfl.FdCY/r(IIbKIVIY,II VIII W)ELD COUNT CI5acr Recorded Exemption No. 1475-14--02 RECX16-0034 TNG SfPUCTUPE5 WILL OP 00 MEET THE MINIMUM SETBgLN AND RFFSET REQUIREMENTS FOR THE "" S�UREDY FROM MEEEIR�FE RGHTr OF WAEELINE.ION OF SETBFCK I ME WELD COUNtt CODE, THE OCCUPANCIES OC ICTE0 WITXINRA ZOOMOOT EFHDIUS Of ANY iANN FNED US OF RNITSTMIK fl^A ERY ORO OR :E FROM THE TERMS R THIS CHAPTER IN 1) ANY MORE STRUCURES OR USES ON SITE MUST OBiuN THE APPROPRI4TE ZONIxG RID BUIL01 FUi M)E WELDD CO�NITOBWgD OE C0MUIPoS5LEN' ac TPo^NN B rra N x,IRB aOnP dF5 THE RWELD COIDINIT�CODEPROVED BY PRIOR TO THE RELE45E OE BUILDING PERMITS, ME APPUCANL SHALL SDBMIT A RECORDED DEED DESCRIBING THE LOT UPoN B ICH THE BDILDING PERMR IB REWFSTED WRH THE BUILDING PERNR MPLIUTON5. THE LEG4 DESCRs'-' ON SUCH DEED SHALL INCLUDE THE LOT DESIGNATION ANO RECORDED IXEYPNON NUMBER. PRIOR TO THEO RELFISE OF BUIL➢IC 2 -„7 -„tam APPUUNT SHRL SUBMIT EWOENCE TO THE DEPARTMENT OF PLANNING SgNCE5 LHAT 5 A, B, AND C YMV£ WATER SUPPLY DF SUFTILIENT WRRY, OURrtfly RID DFPENDABILRY. W/1KHTK WSPFOR OUT IS DEyIRPIGATI0N ^AWfI�/OR iNE WATERING OF 9T0CA^K A, --a ETHEGSTFTEFDVI 6IONO0f WIATER RESOUR ES SSUES ALL WELL PERMIT$. TREPWLORID0 DEPM ENT OEUPUBIBJC HWEA^RLTXTµ0 EN�LR0NN^EM. ME WELDMCOUNILIL' DEPNANiMENT^0f PUBLIC^RHFALiH ,4FLED BY EMVIRONMENT STRONGLY ENCOURAGES WELL USERS TO TEST THEIR ORINNINC WATER PRIOR TO CONSUMPTION PNp PEPIOOICRLY ERE RTER. 111 POTENTNL PURCHASERS SHOULD BE AWARE TNT MPgOVAL OF THIS RECORDED IXEMPTON DOES NOT GUARANTEE THAT WELL PERMRS WILL BE ISSUED FOR ME LOTS. ANY LOT MAY BE DEEMED NON -BUILDABLE IF ME LOT OWNER IS UNABLE N OBTNx a WELL PERMR. THE STATE DMSpN OF WATER RESOURCES ISSUES ALL WELL PERMRS. 12) THE PROPERTY OWNER SMALL CO I WEE ON THE SITE. 1J) HISTORICAL FLOW PATTERNS OND RUNOFF AMOUNTS WILL BE MV iRNEO 0 SOE. 2 BUI DING PERMITS SHALL BE OB RNEO PRIOR TU THE CONSTRURION OF NY BUI DING. Era Ni ME THE DEFINILION 0 AG IE%EMPi BUILDING PER THE REWIREMENTB OF SECTION 1B- 1 x0 PND SECTION 19 -J -10.B IJ OP THE WELD C FR nNDEAN OELECMICAI. RM�OFCPLUEMBIHG PERM TEIS REWIREDCF0R ANY ELECTS., SE.1. T0L TMEWRUIIDING O WIATER FOR fNi POULTRY. YRRERING OR WASHING OF LIVESLOCR 18) IRIGHT TO EJtIFUCi MINERR RESOURCES STATEMENT: ...III. HAS SOME OF THE MOST ABUNORR MINERAL RESOURCES, C NG, BUi NOT LIMITED TO SWD Au0 GpAVEL. OIL. NANRR CAS, To CUL. UNDER ifRE J4 OF THE COLORP➢0 REVISED SiANTE5. MINERALS ARE VITR RESOURCES BEUUSE i THE STPTE'5 COMMERCML MWERR DEPOSRS ARE ES55EENTVL TO THE 5Tl ECONOMY; (B THE POPULOUS COUNTIES OF THE STATE FACE A CRITICAL SHORTAGE OF SUCH OEPOSR5: ANp (C) SUCH DEPOSRS PHRACTICABLE OISNUPnO OG�THIE EL0L0C �D OURIu1YOF 11FE OFOTNE CIw111ZEN5 OFE THE POCPGL0USOCIWS NTRI+EUUS OFU THE STA� L RESOURCE LI :RESOURCE 5 TED PROPERtt MEAS MUST R ARE BUPHINGE RIE9�AND M AMCRICULTURR PftWU1DC ACRICULTURR OPERATI sERwEiENot aE FourDio ODS OR PRARICES �IER HAS BEEN. AND CONTINUES TO BE. THE UFEUNE PR0PEEftIT^N0WNER�5�O RM^SI0ENISPMUSBET REA�ELI E •THEY STRUCTURES, UNLESS THEY INVE AN ADJUDIGTED RIGHT TELT STATE DFDfuwARE) R45E ONTRESPONSE PRONDEE0TB^YLVOLUNI MATTER HOW OffEN RE BY NECE55RY. BE MOPE SELF-SUFFICIENT TIUN UR6w bwELLE PRO nY 0 ME AGRICULTURR COMMUNItt. RERISTC TO ASSUME THAI JT LTAT' OF RESIOEMML DETELOPMEMu WHEN MOVING TO ME COUNtt, AKE WATER FROM IRPIUTION DITCHES, LANES, OR OTHER aL°iilo^ coui SPEED TPAFFlC NEUH00 UALREIMTFS SQUARE MILES w SIZE (TWICE THE 512E OF THE TES. CELENCittRIGT�PO EP G0R�PIIMP5 SNJDU CEDER P NDT OPERAlEl00NI5.MHIGH^NO PoORTR,ENOT ONLY TOR THE RT£4iN'CTµ BUOTPFLB0 UFERNTHERPR0TECTON GF Located in the Northwest 1 4 of Section 14, Township 1 North, Range 64 est of the 6th P.M., County of Weld, State of Colorado Sheet 1 of 1 HWY 51 CR 10 LOT A -LOT B CR 6 7::PROPERtt DESCRIPTION: OF RENORDED E%EMPTION N0, 1675-10-01 PRENe47.°1: J, BEJNG ^ PPRT OF THE NORTHWEST /4 OF SECTON 14, i SHIP ORM, RRIGE 64 WEST OF THE 6TH I L ERIDUW. COUNtt OF WELD. STATE OF COLORADO. PROPERTY OWNER'S LERiIFICATE: ASTSHOWR0N THE ATTACHEDHL;4 U DERSiNIDETH6FPROPERBir LOCATED MiHEEAGf)ICULTUERFL 20N�DI5 PEIih 5L ALSO INTENDED TO PROVIM gREA5 FOR THE CONDUCT OF OTHER USES BY RIGHT. ACCESSORY USES qND USES BY SPECIAL REVIEW. srATE a coLDrupo COUNtt Di wELD 55. ^ - THE FOREGOING 0 PF5 WAS D AND SfAL. T U IC N 9l11_ CERTIFICATE OF APPROVAL BY, THE DEPARTMENT OF PUNNING SERVICES-AOMINISiRA_TIVE REVIEW: LHIS PLAT IS ACCEPTED '• EO : THE DEPARTMENT OF PLWNING SERVICES FOR FLUNG. ICES STATE OF COLORPDO COUNTY OF WELD 55. THE F0REGONG CERTFlUDIyO.N�I WiiASMMACKNOWLEDGEO BEFORE ME THIS 11'- OPY OF -__, "' LIY COMWSSION E%PIRES L��� D AND SEyA,'L��'ygW., NOTMY PUBLIC SURVEYOR'S NOTES: BA55 OF BEWINCS: TIE NORTH UNE OF THE,°,2,E SL OF SECiIOH TOWNSHIP NORM, RgNGE 69 WE5f OF LHE aEuirv[" HS gA�SUMED TO BEAR souTH seB'tT 14 wESi AS NUNENTEO HEREON WiH ALL REwRIxGs WMRNED rvERUN EASEMENT CERTIFICATE: T 0. F'OR EIHEPUA 056 SOHOWNREOR OESCFIITi HEREON. BENEEIi OF' THE PROPERTIES SHOWN OR DESCRIBED HEREON, El3MEN15 Tp��µry�RIIEIIC MY mIWIRtlip mlWAp IW1^{Elpp 0 COLORADO UW YOU MUST COMMENCE ANY LEUL ACTION BASED UPON ANY DEFER IN THIS SURVEY EC, _ AAA ARSGARER YOU fIR5i DISCWER SUCH DEfECi N NO EVENT NAY ANT ACTION BASED UPoN ANY DEFECT IN MI5 EttLOYMENCEO MORE 1HRI TEN YEARS FROM THE DATE OF ME CERTFIUTON SHOWN HEREON. IN NO EVENT SHALL _ 1 IXCEED THE OOLUR AkOUNT FOR THIS SURVEY. MI EL J. COnN ERSLIN WNO NNOIYINGLT REMOVES OR NNONING�Y CAUSES i0 BE REMOVED gNY_PUBUC UNO EURVEY MONUMENT, AS UMENT RECORD RRACPCE i0F UND OSVRVEYINGRD ONSTIMiIITIESWAN E%PRESSIONNOF PP0FESEI0IIEALE0PINI0NE REG.4RDINGNTDIIOSE WµI�H ARE SUBJECT OF ME CERTIFIUTN)N, AND DOES NOi CONSTITUTE A WAPFAxtt OR GUARANTEE. i l ED. SURVE'YOR'S LERTIFIG RE PRDFE5510NAL SURVEI'OR oREPARED UNDER ND ERSOWLR IAIPERNSI0N aD 1HP�0� DPIOAi EREµ ACLE�RTR � AT MIS IIPMER CERptt THAT THE SURVEY RID THIS PLAT COMPLIES WITH ALL APPLICABLE RULES . MATE OF COLORADO. STATE BOARD R REGISIPAIION TOR PROTESSIONAL ENGINEERS AND ELD COUNtt. FOR NID 0 NBf!iILLFS�f 8046 AMCOLORC^ nDp CO ONATION�NG LO p Ww 111. dimezivth,t Kea/ IAtti. Surveying Co. NT T-RN\n H.AgM51•\Male-W JI.Me �I1� iik;1ilitiliBklHCd air,, 4.0MITI UMINUM COP LS 2JT6B. ENE RPDWfi nRC DELTA CHORD BFARwG CHORD C1 I5.00' 219.fi6' 56}T'I J' 530'!J'2T 21D 2!' C2 215. W.60' t6'OB'59' $6T56'00 60.M' RE 0 Recorded Exemption No. 1475-14-02 RECX16-0034 Located in the Northwest 1 4 of Section 14, Township 1 North, Range 64 est of the 6th P. M., County of Weld, State of Colorado Sheet 1 of 1 e.Ra-0oo, \ RE�nNox xB. ,rsR>o, m O, R Y� �y y8 N6ff IJ'24'E 350.01' LOT C I30.00 ACRES+t/ ONETfi ✓j \- EaT 1/1 CORNER SECTION 14 wOuuIHUY +' REfinR wITH 3 tj4' COP IS 22096. M:96B'}9 12 P:sefflB'56 2652.40, CENTER + CORNER SECTION f1.-' A�UYIN M CAPEBNR W�IiH 2 /2' oarx . ca+NER s2rnoN + OLUMwUM CAPEL6 2]269.! I/1' PUNIC SCALE i'=200' 200 400 600 6 . lmainrid ♦ Ia�nd §urveying Co, ro a fu moEOAf �nns�er-fm raos+r�em • .fi..11.... 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: June 28, 2023 Time: 9:00 a.m. Applicant: Michael and Betty Coan 28242 County Road 10 Keenesburg, Colorado 80643 Request: Partial Vacation, VAC23-0033, of Three -Lot Recorded Exemption, RECX16-0034, for Removal of Lot C Legal Description: Lot C of Recorded Exemption, RECX16-0034; being part of the NW1/4 of Section 14, Township 1 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 10; approximately 0.50 mile west of County Road 59 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: June 16, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX16-0034 Owner MICHAEL AND BETTY COAN Address 28242 COUNTY ROAD 10 City State Zip 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, RECX16-0034, in the United States Mail, postage prepaid First Class Mail as listed above. rR ru cr Lri IT' O L rR rR N Dated the 16th day of June, 2023. J \ (DaAudi z k Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com `. F1 Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) O Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ $ Postage $ To' SE MICHAEL AND BETTY COAN 28242 COUNTY ROAD 10 KEENESBURG, CC 80643-9415 Postmark Here Lu 0) Lu J a 0 cn w rr d X Date of Delivery d C n- .5 cCC > - Z ❑ ❑ C•• T E o ou) Lla N +-- C v as c Oa) -� 1- ni a) �, a) - -w • a 4 • o (13 Q co 4•- O Article Addressed to: a) U -i U) e CC a) a ate) i N cc CDI Q. c c o Cn In a) a) -e cQt'a) . Z 0) Q c� 0o O >- O co Q Woo � Q3 E (] c Z z CM Q D D JOm L1JQUHi S U cv W N I- C c O O fi T a) cc— UU° E15a U a) CO o� aaa 0la The 0 a) 0 0 U a) cvpp - — 2 c coo 'o o o dr- tit U a) C a) 0 0 <0000 t ❑❑k❑❑❑L 9590 9402 6749 1074 1331 22 Article Number (Transfer from service label) N ul N D C� 1 rR 0 Domestic Return Receipt co u7 O O O O O O to Z CL O N A T co CI) 0 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/25/2023 2:30:41 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. v JQa'1 aJGUI udi Z%C, 561Z-3 Signature Date Property Owners Within 500 Feet of Parcel # 147514200042 Account Parcel Owner Mailing Address R6489986 147511000004 BRNAK GEORGENE L R6489986 147511000004 BRNAK JAMES J PO BOX 305 KEENESBURG, CO 806430305 R6490086 147511300005 BRNAK JAMES J PO BOX 305 KEENESBURG, CO 806430305 R2152903 147511400033 BRNAK JAMES J PO BOX 305 KEENESBURG, CO 806430305 R6492886 147514000003 COAN BETTY A 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R6492986 147514000024 SCHREIBVOGEL KRISTINE M R6492986 147514000024 SCHREIBVOGEL STEPHEN J 3747 COUNTY ROAD 59 KEENESBURG, CO 806439428 R6493086 147514000025 SCHREIBVOGEL KRISTINE MARIE R6493086 147514000025 SCHREIBVOGEL STEPHEN J 3747 COUNTY ROAD 59 KEENESBURG, CO 806439428 Parcels: 16 Owner Records: 27 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/25/2023 2:30:41 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. JA,n ll)Qutuf , S Z5`Signature Z3 Date Property Owners Within 500 Feet of Parcel # 147514200042 Account Parcel Owner Mailing Address R0265893 147514000027 COAN BETTY A 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R8946465 147514200008 COAN BETTY A R8946465 147514200008 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R8946466 147514200009 COAN BETTY A R8946466 147514200009 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R8946467 147514200010 COAN BETTY A R8946467 147514200010 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R8946803 147514200040 COAN BETTY A R8946803 147514200040 o- A COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 Parcels: 16 Owner Records: 27 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/25/2023 2:30:41 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. 5./2-5123 Signature Date Property Owners Within 500 Feet of Parcel # 147514200042 Account Parcel Owner Mailing Address R8946804 147514200041 W4 -D COAN BETTY A R8946804 147514200041 4-r COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R8946805 147514200042 1,4C) COAN BETTY A R8455300 147514200042 '74^ WV COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R8946805 147514200042 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 R6493286 147515000007 WARREN SUSAN J R6493286 147515000007 WARREN WILLIAM W 27570 COUNTY ROAD 10 KEENESBURG, CO 806439441 R2227403 147515400028 ANDERSEN ANDREA L R2227403 147515400028 ANDERSEN TRAVIS J 27550 COUNTY ROAD 10 KEENESBURG, CO 806439441 Parcels: 16 Owner Records: 27 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/25/2023 2:30:41 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 # 147514200042 Parcels: 16 Owner Records: 27 Jan lxiitAAA) 5 /Z5 � Z3 Signature Date Page 4 of 4 Account Parcel Owner Description R8946805 R8455300 147514200042 COAN MICHAEL) 147514200042 COAN MICHAEL J 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 28242 COUNTY ROAD 10 KEENESBURG, CO 806439415 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: AMOUNT: $ ZS C CASE # ASSIGNED: APPLICATION RECEIVED BY: ��S PLANNER ASSIGNED: ❑Complete Vacation (must include all lots) Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number L•; 2.cp/-Z3 M PLAT INFORMATION Title of plat to be vacated: R. E g.. 1475 — / 4 - O Z Q ECX 16 - Oo$4- s 14 T j R 44-VJ L aTc- g Acreae PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: /N{C1.1At L a`) C AS Company: .._..-- Phone #: 303-704-344o Email: ag M Coo N @ b4 DO . CO i'1 Street Address: Z8 z.1-2. Cie / 0 City/State/Zip Code: le e, . /V GS 6O46„, co. 6,04 .4.3 APPL___ICAUT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: /hICN*EL T', 'c OAN AAA --Be- y A. C o 41.) Company: G Phone #: 303 ..-704_ 3440 Email: Tim C0fr/ )(poi c . CO a .f Street Address: Z gz4 Z C City/State/Zip Code: g ee.N.e_c 6 o e G, Co. S0(.43 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. A. Cop,/,) &44) 4/425 % Signature: Owner or Authori d Agent Date Signature: Owne r Authorized Agent m icbtA-gL T. C.o /EN 'Be t A • ' OA rJ Print: Owner or Authorized Agent Print Owner of Authorized Agent 4 1?23 D to Prepared by: Michael J Coan, 28242 County Road 10., Keenesburg CO. 80643 and Betty A Coan, 28242 County Road 10, Keenesburg, CO 80643 Parcel ID: 147514200042 Quitclaim Deed 4894788 Pagesof: 1 carZ6Kn� $ci: k a�rul R o�.=Zw:Od Cow�tF.y ;Sco THIS DEED is dated March 23, 2023, 1111 '� 011 {4iCIA tit 11111 between: Michael J Coan, of 28242 County Road 10., Keenesburg CO. 80643, and Betty A Coan, of 28242 County Road 10, Keenesburg, CO 80643, (collectively the "Grantors") AND Michael J Coati, of 28242 County Road 10, Keenesburg, CO 80643, and Betty A Coan, of 28242 County Road 10, Keenesburg, CO 80643 (collectively the "Grantees") WITNESS, that the Grantors, for and in consideration of the sum of $10.00, the receipt and sufficiency of which is hereby acknowledged, remises, releases, and sells, as well as quitclaims, unto the Grantees, their heirs and assigns forever all the right, title, interest, claim and demand which the Grantors have 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 NW4 14, 1N, 64W Lot C REC EXEMPT RECX16-0034 according to the recorded plat in the Office of the County Clerk and Recorder filed August 11, 2016. This property is also known by street number as 28240 County Road 10, Keenesburg, Colorado 80643. Assessor's schedule or parcel number: 147514200042. Page 1 of 3 Quitclaim Deed Grantor Acknowledgement STATE OF COLORADO COUNTY OF i ie,(. . Page 3 of 3 The foregoing instilment was acknowledged before me, h t1rm. (a , this day of t.t L , 01/), t 3 , by the Grantors, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Myyf commission expires to -.) l -o .'` 5. Notary Public, the State of Colorado County of Wild. 4694768 Pa9est 3 of 3 04/2612023 83:24 Ph R Foo:$23.00 Car(Y KoPp�f, Cloak end Raoo�d�r, nu: County CO VIII I ��� %i I� C6i�'EL I�'di��l� lhl�4l Ali lti �! III ANTOINETTE S FORMOLO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19914409164 MY COMMISSION EXPIRES Quitclaim Deed Page 2 of 3 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges belonging on the property, or in anywise appertaining to the property, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use and benefit of the Grantee, and the Grantee's heirs and assigns forever. IN WITNESS WHEREOF the Grantor has executed this deed on the day and year above written. Signed in the presence of: Witness name 141-S-)1 ei#14'j Michael J Coen Betty A Co 4894768 Pages: 2 of 3 84/28/2823 03:24 PM R Fee:$23.00 D Fn.:$0.00 Carly Kopper, Clerk and Recorder, Weld County , CO IiiIINP.r 4WiliChifiehlik11431111.41, Wit 1111111 Ccoi,) DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Michael J. & Betty A. Coan RECX16-0034 I Planner: Michael Hall Legal Description: Lot T1 N, D of R64W Recorded of the Exemption 6th P.M., Weld RECX16-0033; County, CO being a part of the NW4 of Section 14, Parcel ID #: 1475-14-2-00-032 Lot A Size: +/- 5 acres Lot B Size: +/- 5.65 acres Lot C Size: 120 net acres Water Source: Lot Lot Lot A: B: C: Proposed Proposed Proposed Well Well Well Sewer System: Lot Lot Lot A: B: C: Proposed Proposed Proposed Septic Septic Septic Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. 2 The applicant has proposed a well as the source of adequate water for Lots Al B and C. 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. RECX16-0034 Page 1 of 6 3. Prior to recording the plat A. The applicants are proposing a shared access for proposed Lot A of RECX16-0034 and Lot A of RECX16-0033. The applicant shall submit to the Weld County Department of Planning Services: 1) A recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. B. The applicants are proposing a shared access for proposed Lot B of RECX16-0034, Lot B of RE -4007 and Lot C of RECX16-0034 across Lot C of RECX16-0034. The applicant shall submit to the Weld County Department of Planning Services: 1) A recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. C. Lots A and 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. D. Lots A and B shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot C shall comply with the one -hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.2 of the Weld County Code. Net acreage calculations should not include future road right-of-way. F. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. G. RECX16-0034 shall be recorded after RECX16-0033. 4. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1475-14-02 RECX16-0034. B. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. C. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00101). 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 Road 10 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. RECX16-0034 Page 2 of 6 E. Show and label the easement per Amended Recorded Exemption RECX16-0033 that provides access to Lot C and D of RECX16-0033 now known as Lot C of RECX16-0033 and Lot C of RECX16-0034. Reference the reception number for RECX16-0033 on the plat. F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 5. The following notes shall be placed on the plat: 1) 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 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 perm its. 3) Lot A and Lot B are not eligible for a future land exemption in accordance with Section 24-8-20.C.2 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) Evidence shall be submitted indicating land has been released from the CRP program prior to the release of building permits. 6) 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. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B and C have an adequate water supply of sufficient quality, quantity and dependability. 8) Potential purchasers should be aware that Lots A, B and C 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 thereafter. RECX16-0034 Page 3 of 6 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) The property owner shall control noxious weeds on the site. 12) The historical flow patterns and runoff amounts will be maintained on the site. 13) 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. 14) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 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) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 18) 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 RECX16-0034 Page 4 of 6 manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 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 respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. RECX16-0034 Page 5of6 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. 74,/ Ne By: Date: 04/28/2016 Michael Hall, Planner I RECX16-0034 Page 6 of 6 Hello