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Home My WebLink About20231562.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0028, OF FOUR -LOT RECORDED EXEMPTION, RECX18-0070, FOR REMOVAL OF LOT D - FIRESTONE CATTLE RANCH, LP 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 June 21, 2018, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX18-0070, and WHEREAS, the Board has received a request from the current property owner, Firestone Cattle Ranch, LP, P.O. Box 517, Eaton, Colorado 80615-0517, represented by AGPROfessionals, c/o Hannah Dutrow, 3050 67th Avenue, Suite 200, Greeley, Colorado 80634, to vacate Lot D of Recorded Exemption, RECX18-0070, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX18-0070; being part of the N1/2 of Section 10, Township 2 North, Range 67 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 Firestone Cattle Ranch, LP, for Partial Vacation of Four -Lot Recorded Exemption, RECX18-0070, for removal of Lot D, be, and hereby is, approved, subject to the following condition(s): 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. CC: PL(TP/MN /WA RPM.. 2023-1562 RECX18-0070 (MI c/2.3 PARTIAL VACATION, VAC23-0028, OF FOUR -LOT RECORDED EXEMPTION, RECX18-0071, FOR REMOVAL OF LOT D - FIRESTONE CATTLE RANCH, LP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dditio Weld County Clerk to the Board BY: AP ney Date of signature: 06/1 Sco Mi man, Chair Perry L uc�(, Pro-Tem tt . James evin D. Ross Lori Saine 4904662 Pages: 2 of 2 06/20/2023 11:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ��1�1L�aCEhr4�l'IhI'l�G��f4441L'r(y'�4LJiik tl III 2023-1562 RECX18-0070 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Molly Nelson, Planner Subject: Partial Vacation of RECX18-0070 Hearing Date: June 5, 2023 Owners: Firestone Cattle Ranch LP Representative: AGPROfessionals c/o Hannah Dutrow Legal Description: Lot D of Recorded Exemption RECX18-0070; being a part of the N1/2 of Section 10, T2N, R67W of the 6th P.M., Weld County, CO Location: East and adjacent of County Road 19; approximately 245 ft South of County Road 24 Parcel Number: 1311-10-2-00-033 and 1311-10-1-00-013 Total Parcel Size: +/- 136.77 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot D, being the largest lot of the four -Lot Recorded Exemption RECX18- 0070, recorded September 27, 2018, reception #4434371. This partial vacation of Lot D of RECX18-0070 would result in an approximately 136 acre unplatted parcel. Lot A, Lot B, and Lot C of RECX18-0070 are not a part of this action. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 6/5 Vacation of Lot D of RECX18-0070 I Firestone Cattle Ranch LP Page 1 of 2 2023-1562 RECX18-0070 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 D of RECX18-0070 I Firestone Cattle Ranch LP Page 2 of 2 Firestone Cattle Ranch, LP PO BOX 517 Eaton, CO 80615 March 7, 2023 Weld County Department of Planning Services 1555 N. 17'' Avenue Greeley, CO 80631 RE: Vacation of Lot D of Recorded Exemption No. RECX18-0070 To Whom It May Concern, We are writing to request the vacation of Lot O of Recorded Exemption No. RECX18-0070, as recorded on September 27, 2018, at reception no. 4434371. The legal description for the subject property is listed below: Lot D of Recorded Exemption RECX18-0070 recorded September 27, 2018, at reception no 4434371, being a Part of the North Half of Section 10, Township 02 North, Range 67 West of the 6" P.M., County of Weld, State of Colorado. The requested vacation is a partial vacation of RECX18-0070, affecting Lot D RECX18-0070 only. The existing 20' shared access and utility easement across Lots A and B of RECX18-0070 for the benefit of Lots A and B of RECX18-0070 as dedicated by the RECX18-0070 plat, and the 40' access and utility easement for the benefit of Lot B of RECX18-0070 and Lot A of RECX18- 0071 as dedicated by the RECX18-0070 plat are expected to remain and be unaffected by the partial vacation. No property resulting from the vacation will be left without access to a public road right-of-way as Lot D of RECX18-0070 abuts public road right-of-way to the west. As no road right-of-way was dedicated by the RECX18-0070 plat, no existing right-of-way will be affected by the partial vacation. The partial vacation is not expected to affect any existing improvements. A copy of the recorded RECX18-0070 plat and the draft partial exemption vacation plat are included with this letter. Sincerely. Ace T. Berry Enclosures: I. Recorded RECX18-0070 Plat 2. Draft Partial Exemption Vacation Plat OM q.9nu9, iw10 290. way. �ro e9eaa ate m' 19101 sas99s9 »w u. s�ie oo, 40 eaaoi mel w .sa9i VACATION OF LOT D OF RECORDED EXEMPTION NO. 1311-10-02 RECX18-0070 BEING A PART OF THE NORTH 1/2 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, CO LEWD [(Y AGPROfessionais ID'21a DEVELOPERS OF AGRICULTURE VACATION PLAT SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, CO 2of2 VACATION OF LOT D OF RECORDED EXEMPTION NO. 1311-10-02 RECX18-0070 BEING A PART OF THE NORTH 1/2 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, CO VICINITY MAP ®AGPROfessionals DEVELOPERS OF AGRICULTURE GO 60636 in FNq 1O 83: t<ai 606s3w ,00. VACATION PLAT SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, CO 1 of ��N04jHMi11Y. .. #r11�CYlIW �Mi RECORDED EXEMPTION NO. 1311-10-02 RECX18-0070 PART OF' THE N 1/2 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 87 WEST, OF THE 8TH P.M., WELD COUNTY, COLORADO Ra nuoRun'° m 401 Oar, TY MAP — 2000' y�_�,_ o.n ocscrswnru. , 9/10(18 C�3N�CE A^CES Rr CLIENT: AGPROFESSIONALS HAMMER LAND ,SURVEYING, INC. 3050 67TH AVE. SUITE 200 3060 67tH AVENUE suiTE zoo .-_______., _ _.. ........ _ _ .......____ GREELEY, CO 80834 4FTY, c c1 goa�a PH 370—�35 9:318 ei ,c�c „m �m,m uww,n wx uniru. ne ijaF.a .,aw..., fwa� w`ia mwn°tmwW"«a 4)". 10, TOWNSHIP 2 NG RANGE ;67 WH$T,'' 6TH P M. RECORAEll EXEMPTION SBCTIQN �IQ,TOWNSH[P 2 NORTH, H�NGB 07 1TEST. 6TH P.M. OBf,1602E DATE: '8/02/.RECX18-0070 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 5, 2023 Time: 9:00 a.m. Applicant: Firestone Cattle Ranch, LP P.O. Box 517 Eaton, Colorado 80615 Request: Partial Vacation, VAC23-0028, of Four -Lot Recorded Exemption, RECX18-0070, for Removal of Lot D Legal Description: Lot D of Recorded Exemption, RECX18-0070; being part of the N1/2 of Section 10, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 19; approximately 245 feet south of County Road 24 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: May 24, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX18-0070 Owner JAMES SNOOK TERRA CONSTRUCTORS INC. DANIEL ROBSON FIRESTONE CATTLE RANCH LP ATTN: HANNAH DUTROW AGPROFESSIONALS Address 9144 COUNTY ROAD 24 P.O. BOX 1670 4529 COUNTY ROAD 36 P.O. BOX 517 3050 67TH AVENUE, SUITE 200 City State Zip FORT LUPTON N CO JOHNSTOWN CO PLATTEVILLE CO EATON CO 80621-9712 80534-1670 80651-9616 80615-0517 GREELEY CO 80634 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, RECX18-0070, in the United States Mail, postage prepaid First Class Mail as listed above. U, EN - a N Dated the 24th day of May, 2023. • (Jail DD, c itsf 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'='. 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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 Sent To Stre 5 Postmark Here irt5-1-trit es4,441-c—Raktek L -P 5t.No.P0X X .. City, S n CD g b5I1 PS Form 3800, April 2015 PSN 7530-02-040-9047 See Reverse for Instructions If , WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/5/2023 12:32:31 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. c i0LnLiaAwcL Signature ` Date Property Owners Within 500 Feet of Parcel # 131110200033 Account Parcel Owner Mailing Address R5361886 131103000021 SPITZER DEBORA LYNN 9179 COUNTY ROAD 24 FORT LUPTON, CO 806219700 R5363486 131103000043 KING WENDY S R5363486 131103000043 KING JARED J 9503 COUNTY ROAD 24 FORT LUPTON, CO 806219711 R5363786 131103000049 BOKOWSKI CARRIE L R5363786 131103000049 BOKOWSKI KIRK L 9535 COUNTY ROAD 24 FORT LUPTON, CO 806219711 R5363986 131103000060 BOOK LOIS M R5363986 131103000060 BOOK DUANE H 9575 COUNTY ROAD 24 FORT LUPTON, CO 806219711 R5364786 131103000065 PARISH JEFFREY N 11142 COUNTY ROAD 19 FORT LUPTON, CO 806219706 R5364886 131103000066 GRILL RENEAY M Parcels: 31 Owner Records: 41 Page 1 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/5/2023 12:32:31 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. Uctr t c,1 C.!% 6/51 3 Signature Date Property Owners Within 500 Feet of Parcel # 131110200033 Account Parcel Owner Mailing Address R5364886 131103000066 GRILL JONATHAN LS 9145 COUNTY ROAD 24 FORT LUPTON, CO 806219700 R7734998 131103300074 MUELLER RACHAEL R7734998 131103300074 MUELLER ADAM 9467 COUNTY ROAD 24 FORT LUPTON, CO 806219711 M0100603 131103300075 SHAW INVESTMENTS LLC 300 KALAMATH ST DENVER, CO 802231150 R7735098 131103300075 SHAW INVESTMENTS LLC 300 KALAMATH ST DENVER, CO 802231150 R7735198 131103300076 PHILLIPS DARRELL G PO BOX 483 PLATTEVILLE, CO 806510483 R5366186 131104000015 NEW COAL RIDGE DITCH COMPANY C/O RICHARDSON RASHELLE 10879 COUNTY ROAD 17 LONGMONT, CO 805049441 R0007690 131109000060 BUZZETTA SHARON 10475 COUNTY ROAD 19 FORT LUPTON, CO 806219703 R0904001 131109000069 MARTIN RUTH M 8592 COUNTY ROAD 24 FORT LUPTON, CO 806219710 Parcels: 31 Owner Records: 41 Page 2 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/5/2023 12:32:31 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. UCLA OA (AY( a 615 �3 Signature Date Property Owners Within 500 Feet of Parcel # 131110200033 Account Parcel Owner Mailing Address R6777841 131109400071 KAUFFMAN LAND & DEVELOPMENT LLC 1675 BROADWAY STE 2800 DENVER, CO 802024690 R6777843 131109400072 BUZZETTA SHARON 10475 COUNTY ROAD 19 FORT LUPTON, CO 806219703 R8953478 131110100013 FIRESTONE CATTLE RANCH LP PO BOX 517 EATON, CO 806150517 R8958324 131110100035 FERNANDEZ ISIDRO 9576 COUNTY ROAD 24 FORT LUPTON, CO 806219712 R8958325 131110100036 FIRESTONE CATTLE RANCH LP PO BOX 517 EATON, CO 806150517 R8967354 131110101002 WHITE PEAKS 2 LLC PO BOX 115 MEAD, CO 805420115 R8956719 131110200025 WADE KYLE R8956719 131110200025 WADE MICHAEL R8956719 131110200025 WADE JACQUELINE 1326 BRAMBLE PL LONGMONT, CO 805048712 Parcels: 31 Owner Records: 41 Page 3 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/5/2023 12:32:31 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. art OM ) 6151 z3 Signature Date Property Owners Within 500 Feet of Parcel # 131110200033 Account Parcel Owner Mailing Address R8956722 131110200028 DURBEN SHANE E 9348 COUNTY ROAD 24 FORT LUPTON, CO 806219712 R8956797 131110200030 COLLINS RHONDA MAXINE R8956797 131110200030 4- la SNOOK JAMES 9144 COUNTY ROAD 24 FORT LUPTON, CO 806219712 R8956798 131110200031 TERRA CONSTRUCTORS INC PO BOX 1670 JOHNSTOWN, CO 805341670 R8956799 131110200032 W4- b ROBSON DANIEL 4529 COUNTY ROAD 36 PLATTEVILLE, CO 806519616 R8956800 131110200033 Lbt 1) FIRESTONE CATTLE RANCH LP PO BOX 517 EATON, CO 806150517 R8956956 131110200034 JACOBSEN CHARLOTTE Q R8956956 131110200034 ANDERSEN TROY 10848 COUNTY ROAD 19 FORT LUPTON, CO 806219704 R8967355 131110201001 WHITE PEAKS LLC PO BOX 115 MEAD, CO 805420115 Parcels: 31 Owner Records: 41 Page 4 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/5/2023 12:32:31 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. UaAOftk m51 Signature Date Property Owners Within 500 Feet of Parcel # 131110200033 Account Parcel Owner Mailing Address R8956937 131110300008 FIRESTONE CATTLE RANCH LP PO BOX 517 EATON, CO 806150517 R8956938 131110300009 BOYD JENNIFER R8956938 131110300009 BOYD JEFFERY J PO BOX 498 FREDERICK, CO 805300498 R8956940 131110400011 FIRESTONE CATTLE RANCH LP PO BOX 517 EATON, CO 806150517 R8956986 131110400015 FIRESTONE CATTLE RANCH LP PO BOX 517 EATON, CO 806150517 Parcels: 31 Owner Records: 41 Page 5 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/5/2023 12:32:31 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 # 131110200033 Parcels: 31 Owner Records: 41 C-.) an bQQ,j) cJk.. 6/6 Z �, Signature f Date Page 6 of 6 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/5/2023 12:35:20 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. acin 1,0 VI u.) ck- 5 5 12. 3 Signature Date Property Owners Within 500 Feet of Parcel # 131110100013 Account Parcel Owner Mailing Address R8953478 131110100013 W4-17 FIRESTONE CATTLE RANCH LP PO BOX 517 EATON, CO 806150517 R8958325 131110100036 FIRESTONE CATTLE RANCH LP PO BOX 517 EATON, CO 806150517 R8956800 131110200033 FIRESTONE CATTLE RANCH LP PO BOX 517 EATON, CO 806150517 R8956940 131110400011 FIRESTONE CATTLE RANCH LP PO BOX 517 EATON, CO 806150517 Parcels: 4 Owner Records: 4 Page 1 of 2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/5/2023 12:35:21 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 # 131110100013 Parcels: 4 Owner Records: 4 Dew (Damp) LL 616[2.3 Signature Date Page 2of2 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS O P NNING DEPARTMENT USE: DATE RECEIVED: 4 / €� �` c/a -3 'GGZ.9, PLANNER ASSIGNED: FA/ PLAT INFORMATION Title of plat to be vacated: Lot D of Recorded Exemption No. 1311-10-01 RECX18-0070 S 10 T2 R67 El Complete Vacation (must include all lots)0 Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number D 131110100013 & 131110200033 136.49 N/A - no vacation of easements proposed PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Firestone Cattle Ranch LP Company: Phone #: 970-454-3000 Email: Street Address: PO BOX 517 City/State/Zip Code: Eaton, CO, 80615 APPLICANT/AUTHORIZED AGENT (Authorization must be included if them is an Authorized Agent.) Name: Hannah Dutrow Company: AGPROfessionals Phone #: 970-535-9318 Email: hdutrow@agpros.com Street Address: 3050 67th Avenue City/State/Zip Code: Greeley, CO 80634 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 exemption or subdivision exemption. 4i0/33 Sign=ture: ' _ • uthoriz Agent Date Signature: Owner or Authorized Agent Date -I,10nrech sOutrOwl Print: Owner or Authorized Agent Print Owner or Authorized Agent 7/20/2021 DEPARTMENTS OF PLANNING BUILDING. DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17. AVENUE GREELEY, CO 80631 AUTHORIZATION FORM !. (We), Fesetens Cattle Ranch. LP AGPROh�ss+anele give permission to (Owner — please print) (Authorized Agent/Apptkanf--please print) to apply for any Planning. Building, Access, Grading or OWTS permits on our behalf, for the property looted et (address or parcel number) below: Parcel nos. 131110100013 6 131110200033 Legal Description: Lot D d RECX78-0O70 of Section 10 . Township 2 N, Ranger' Subdivision Name: wA Property Owners Information: Address: PO BOX 517, Eaton, CO 80816 Phone: 970-4544000 1 WA Block wA E -marl: Authorized Agent/Applicant Contact Information: Address: 3050 87th Avenue. Greeley, CO 80834 Phone. 970-535-9318 E -Mall: Mme°."®agProe.cen Correspondence to be sent loc Owner fi entfAppiicsnt 1 , by Mall Emali_EL Additional Info: I (We) hereby certify. under penalty of perjury end ether carefully reading the entire contents of this document, that the Information stated above Is true and correct to the best of my (our) knowledge. DateDate Owner Signature Subscribed and sworn to before me this " day of ACS' aefit, My commission expires 7-) 7'' Y 441432 lJ Poges: 1 of 2 07r11/ OZ:17 P8 R Fes:=10= Carly , Clerk and Recorder, :�1�4t1Ik 1114114I 4�f ,nty, co ANENT OF AUTHOR (§38-30-172, C.R.S.) This Statement of Authority feiai to an entity' named c�(�r FIRESTONE CATTLE \ 2. The type of entity is ❑ Corporation 0 Nonprofit Motion ❑ Limit =.` ;:. lily Company ❑ de' , Partnership tufted Partnership P, A COLORADO LIMITED ERSHIP 0 Regis' milted Liability Partnership ❑ Limited Liability Limited P ❑ Partnership Association eminent or Governmental Su ion Ion or Agency Trust ta� The entity Is formed under the Iit4 f Colorado 4. The mailing address for 1; y is 5. The © name g (`=lot each person authorized to title to real half of the entity is FCR EEO GENERAL P � BY. ACE BERRY, MANAGE4,i' °. .mil � 8. The aut " t the foregoing person(s) to entity: Is. not limited X ed as follows: Approval of Li <-'56)\'' P . Firestone Cattle Ranch, LP Tmi majority interest if incurring iebt�e $10,000.00 �1 7. tRTe0lnaftera concerning the mannaC is ich the entity deals with Inlere ih'reat property: f} s Statement of Authority Is e ed on behalf of the entity pursu tb the provisions of §38-30-172, on `s1 This ' Statementthe of ti Authorit t d ends and supersedes In all res s,eny end all prior dated Stateme Authority executed behalf of an� 4 7r\ o.94 ® `°'/' 'This farm should .the absence sibs stets t7� @. nn 4 In▪ struments conveying, enc LLC A COLORADO LIMB nn O l© CO' � c O� (#< s g or otherwise affecting �.. UTY COMPANY, <,. ,e,, , , 60) , ,_, O (4 o re and Notary Ackno gement on Second Peg � \ C (51 sad unWu the entity is cepabie of "n LA be prime lads su8redty mud be recorded to c )` (6' `4> 1111111 I1 I II 11 In K 9c_ 0 °<:.3 4414328 ��a: 2 of 2 07/!1/20!0 0 . 7 PH R F�a:$1B.00 Carly K lark and Raaordar, Wald IllIMP `F Executed this 9' day of tad �U cr anl�J� Nikes 1I 111 T%C REESTONE CATTLE RANCH Okotoks.AS, T� Attn: 44 xm 65 closing/record r `Ii) \r" FIRESTO BY: 8 Q St -"ICOLDRADO 49" The foregwad e oing -by ACE BERRY AS - 2) •ti MITES PARTNERSHIP D LIABILITY COMPANY, QIL PARTNER @ 4 \-1(A .YNAUDREYBLACH NOTARY PUBLIC STATE OF COLORADO ® NOTARY MYCOMMISSIONIDE%MESJUNE*2021 ckna►Nadped before ma on t day R OF FCR FEEDERS, �}� LIMITED LIABI ':.. PANY, OF RRESTONE 1:E RANCH LP, A COL OR1117Kk 11i17ED PARTNERSHIP Witness and official aa01, My Ion expires (Q ? ^, IORADO LIMITED PARTNE 018179th St, Canadd 2$ tit K 8' @�• KS) 2O1 ,(4 NERAL PARTNF) 8 cr // 25156297 (390731) I I 4414329 Pages: 1 of 4 07/11/2910 02:17 PM R Fee•$28.00 D Fee:S0.00 Carly Koppea, Clerk and Recorder, Weld County, CO �� I �Lrl��Il��'I 'I�►I�II t I 1 V M GLhtMIR 11 II Quit Claim Deed (Pursuant to 38-30.116 C.R.S.) THIS DEED, made on Z1,14 eq / p by FIRESTONE CATTLE RANCH LP, A COLORADO LIMITED PARTNERSHIP WHO ERRONEOUSLOOIC'E FIRESTONE CATTLE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantor(s) of the County of Zjejr and State of COLORADO for the consideration of "' Ten Dollars and Other Good and Valuable Consideration dollars In hand paid, hereby eels and qultolalme to FIRESTONE CATTLE RANCH LP, A COLORADO LIMITED PARTNERSHIP Grantee(s), us Entity whose street address is County of Weld, state of Colorado, the following real property In the County of Weld and Stale of Colorado, to wit: State Documentary Fee Dab: 00.00 No Doc Fee Required See attached `Exhibit A" also known by street and number as 9084, 9144, 8576 COUNTY ROAD 24, 10180,11848,10182 COUNTY ROAD 18 AND 9241 COUNTY ROAD 22, FORT LUPTON, CO 80621 with all Its appurtenances. FIRESTONE CATTLE RANCH LP, A COLORADO LIMITED PARTNERSHIP WHO ERRONEOUSLY TOOK TITLE AS FIRESTONECATTLE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY BY; FCR FEEDERS, LLC A COLORADO LIMITED LIABILITY COMPANY, GENERAL PARTNER State of COLORADO County of it i,eid )ss we MINN AUDREYBLACM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174026008 MY COMMISSION EXPIRES JUNE 28, 2021 i The foregoing instnrment was acknowledged before me on this day of 41 by ACE BERRY AS MANAGER OF FCR FEEDERS, LLC A COLORADO U + D UA (04{PANY, GENERAL PARTNER OF FIRESTONE CATTLE RANCH LP, A COLORADO LIMITED PARTNERSHIP WHO ERRONEOUSLY TOOK TITLE AS FIRESTONE CATTLE, LLC, A COLORADO LIMITED LIABILITY COMPANY When r dad rehrm to: FIRESTONE CATTLE RANCH LP, A COLORADO LIMITED PARTNERSHIP 370181 79th St. East Okotoks AB, T1S2A2 Canada Form 33 closing/deeds/gcd.html 25156297 (390731) Ill I Illllll 11111 III IIMI II III 4414322 Pages: 2 of 4 91/11/2018 02:17 PM R F.a:$28.00 D Faa:$0.00 Carly KoPPas, Clark and Raoordar, Wald County, CO VIII INI�.�14��Nti�� I I�I�Ik'I�r�L� ��«r'rf lEl"�IiK �ti��lY 11111 Exhlblt A Escrow No. 25158297 PARCEL I: A PART OF THE S1/2 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: ASSUMING THE SOUTH LINE OF THE SW1/4 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 87 WEST AS BEARING NORTH 89 DEGREES 39 MINUTES 10 SECONDS WEST BETWEEN A 31/4" ALUM. CAP PLS 13258 ON THE EAST END AND A 21/2" ALUM. CAP LS 14823 ON THE WEST END, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE SOUTHWEST SECTION CORNER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P. M., SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF THE SW1/4 OF SAID SECTION 10, NORTH 00 DEGREES 07 MINUTES 23 SECONDS EAST FORA DISTANCE OF 1313.67 FEET TO THE NORTHWEST CORNER OF THE S1/2 OF THE S1/2 OF SAID SECTION 10; THENCE DEPARTING SAID WEST UNE ALONG THE NORTH UNE OF SAID S1/2 OF THE 81/2, SOUTH 89 DEGREES 40 MINUTES 59 SECONDS EAST FORA DISTANCE OF 421.85 FEET; THENCE DEPARTING SAID NORTH LINE, NORTH 00 DEGREES 03 MINUTES 34 SECONDS EAST FORA DISTANCE OF 1024.56 FEET; THENCE NORTH 88 DEGREES 49 MINUTES 54 SECONDS EAST FORA DISTANCE OF 902.33 FEET; THENCE souni 00 DEGREES 03 MINUTES 14 SECONDS EAST FORA DISTANCE OF 1047.96 FEET TO A POINT ON THE NORTH LINE OF SAID 5712 OF THE S1/2; THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 40 MINUTES 59 SECONDS EAST FOR A DISTANCE OF 3908.44 FEET TO THE NORTHEAST CORNER OF SAID S1/2 OF THE S1/2; THENCE ALONG THE EAST LINE OF THE SE1/4 OF SAID SECTION 10, SOUTH 00 DEGREES 18 MINUTES 31 SECONDS EAST FORA DISTANCE OF 1316.94 FEET TO THE SOUTHEAST SECTION CORNER OF SAID SECTION 10; THENCE ALONG THE SOUTH LINE OF SAID SE1/4, NORTH 89 DEGREES 38 MINUTES 28 SECONDS WEST FOR A DISTANCE OF 2598.80 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 10; THENCE ALONG THE SOUTH UNE OF THE SW1/4 OF SAID SECTION 10, NORTH 89 DEGREES 39 MINUTES 10 SECONDS WEST FORA DISTANCE OF 2631.44 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION CREATED BY: HAMMER LAND SURVEYING, INC. 3050 67TH AVE. SUITE 200 GREELEY, CO 80634 PARCEL II: A PART OF THE 61/2 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE STO P. M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: ASSUMING THE NORTH LINE OF THE NW1/4 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST AS BEARING NORTH 89 DEGREES 59 MINUTES 59 SECONDS EAST BETWEEN AN UNREADABLE 21/2" ALUM. CAP ON THE WEST END AND A 31/4" ALUM. CAP LS 23500 ON THE EAST END, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST SECTION CORNER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 8TH P.M., THENCE ALONG THE NORTH LINE OF THE NW1/4 OF SAID SECTION 10, NORTH 89 DEGREES 59 MINUTES 59 SECONDS EAST FORA DISTANCE OF 1186.88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID NORTH LINE, NORTH 89 DEGREES 59 MINUTES 59 SECONDS EAST FORA DISTANCE OF 1438.95 FEET TO THE NORTH ONE -QUARTER CORNER OF SAID SECTION 10; THENCE ALONG THE NORTH LINE OF THE NE1/4 OF SAID SECTION 10, SOUTH 89 DEGREES 46 MINUTES 07 SECONDS EAST FOR A DISTANCE OF 2616.01 FEET TO THE NORTHEAST SECTION CORNER OF SAID SECTION 10; THENCE ALONG THE EAST LINE SAID NE1/4, SOUTH 00 DEGREES 11 MINUTES 45 SECONDS WEST FORA DISTANCE OF 2642.13 FEET TO THE EAST ONE-OUARTER CORNER OF SAID SECTION 10; THENCE ALONG THE SOUTH LINE OF SAID NE1/4, NORTH 89 DEGREES 43 MINUTES 08 SECONDS WEST FOR A DISTANCE OF 2119.20 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 03 MINUTES 26 SECONDS EAST FOR A DISTANCE OF 691.68 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 50 SECONDS WEST FORA DISTANCE OF 488.09 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 07 SECONDS EAST FORA DISTANCE OF 1689.33 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 03 SECONDS WEST FORA DISTANCE OF 1198.62 FEET; 4414329 Pages: 3 of 4 07/11/2818 02:17 PM R Fee:=28.80 D Fee:$0.19 Carly Kopp., Clerk and Reoordar, Weld County, CO THENCE SOUTH 00 DEGREES 21 MINUTES 12 SECONDS EAST FOR A DISTANCE OF 165.67 FEET; THENCE NORTH 86 DEGREES 42 MINUTES 22 SECONDS WEST FOR A DISTANCE OF 233.82 FEET; THENCE NORTH 01 DEGREES 25 MINUTES 28 SECONDS WEST FORA DISTANCE OF 416.02 FEET TO THE POINT OF BEGINNING. LEQAL DESCRIPTION CREATED BY: HAMMER LAND SURVEYING, INC. 3050 67TH AVE. SUITE 200 GREELEY, CO 80634 PARCEL 111: A PART OF THE 81/2 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: ASSUMING THE SOUTH LINE OF THE SW1/4 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST AS BEARING NORTH 89 DEGREES 39 MINUTES 10 SECONDS WEST BETWEEN A 31/4" ALUM. CAP PLS 13258 ON THE EAST END AND A 2 1/2" ALUM. CAP LS 14823 ON THE WEST END, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE SOUTHWEST SECTION CORNER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P. M., THENCE ALONG THE WEST LINE OF THE SW1/4 OF SAID SECTION 10, NORTH 00 DEGREES 07 MINUTES 23 SECONDS EAST FOR A DISTANCE OF 1313.67 FEET TO THE NORTHWEST CORNER OF THE 5112 OF THE S1/2 OF SAID SECTION 10, SAID POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID WEST LINE ALONG THE NORTH LINE OF SAID S1/2 OF THE S1/2, SOUTH 89 DEGREES 40 MINUTES 59 SECONDS EAST FOR A DISTANCE OF 421.85 FEET; THENCE DEPARTING SAID NORTH UNE, NORTH 00 DEGREES 03 MINUTES 34 SECONDS EAST FORA DISTANCE OF 1024.56 FEET; THENCE NORTH 88 DEGREES 49 MINUTES 54 SECONDS EAST FORA DISTANCE OF 902.33 FEET; THENCE SOUTH 00 DEGREES OS MINUTES 14 SECONDS EAST FORA DISTANCE OF 1047.99 FEET TO A POINT ON THE NORTH LINE OF SAID 1/2 OF THE S1/2; THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 40 MINUTES 59 SECONDS EAST FOR A DISTANCE OF 3908.44 FEET TO THE NORTHEAST CORNER OF SAID S1/2 OF THE S1/2; THENCE ALONG THE EAST LINE OF THE SE1/4 OF SAID SECTION 10, NORTH 00 DEGREES 18 MINUTES 31 SECONDS EAST FORA DISTANCE OF 1316.94 FEET TO THE EAST ONE-OUARTER CORNER OF SAID SECTION 10; THENCE ALONG THE NORTH LINE OF THE S1/2 OF SAID SECTION 10, NORTH 89 DEGREES 43 MINUTES 08 SECONDS WEST FOR A DISTANCE OF 5238.75 FEET TO THE WEST ONE -QUARTER CORNER OF SAID SECTION 10, THENCE ALONG THE WEST LINE OF THE SW1/4 OF SAID SECTION 10, SOUTH 00 DEGREES 07 MINUTES 23 SECONDS WEST FOR A DISTANCE OF 1313.67 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION CREATED BY: HAMMER LAND SURVEYING, INC. 3050 67TH AVE. SUITE 200 GREELEY, CO 80634 PARCEL IV: A PART OF THE N1/2 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P. N., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: ASSUMING THE NORTH LINE OF THE NW1/4 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST AS BEARING NORTH 89 DEGREES 59 MINUTES 59 SECONDS EAST BETWEEN AN UNREADABLE 2 1/2" ALUM. CAP ON THE WEST END AND A 3114" ALUM. CAP LS 23500 ON THE EAST END, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST SECTION CORNER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P. M., SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF THE NW1/4 OF SAID SECTION 10, SOUTH 00 DEGREES 07 MINUTES 43 SECONDS WEST FOR A DISTANCE OF 2626.97 FEET TO THE WEST ONE -QUARTER CORNER OF SAID SECTION 10; THENCE ALONG THE SOUTH LINE OF THE N1/2 OF SAID SECTION 10, SOUTH 82 DEGREES 43 MINUTES OB SECONDS EAST FORA DISTANCE OF 3119.55 FEET; THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 03 MINUTES 26 SECONDS EAST FOR A DISTANCE OF 691.68 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 50 SECONDS WEST FOR A DISTANCE OF 488.09 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 07 SECONDS EAST FOR A DISTANCE OF 1689.33 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 03 SECONDS WEST FORA DISTANCE OF 1198.62 FEET; THENCE SOUTH 00 DEGREES 21 MINUTES 12 SECONDS EAST FORA DISTANCE OF 165.57 FEET; THENCE NORTH 86 DEGREES 42 MINUTES 22 SECONDS WEST FOR A DISTANCE OF 233.62 FEET; THENCE NORTH 01 DEGREES 25 MINUTES 28 SECONDS WEST FOR A DISTANCE OF 416.02 FEET TO A POINT ON THE NORTH LINE OF SAID NW1/4; THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 59 MINUTES 59 SECONDS WEST FORA DISTANCE OF 1186.88 441432$ Pages: 4 of 4 07/11/2818 02:17 PM R F..:$28.00 D Fea:$8.00 Carly Kappaa, Clark and Raoordar, Wald County, CO 9CASN9rW1PLIIIItlehlivi 11111 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION CREATED BY: HAMMER LAND SURVEYING, INC. 3030 67TH AVE. SUITE 200 GREELEY, CO 80634 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Diamond c/o Dallas Land, Horton, LLC Manager RECX18-0070 Planner: Angela Snyder y Legal Description: A part of the N2 of Section 10, R67W of the 6th P.M., Weld County, CO T2N, Parcel ID #: 1311-10-1-00-013 & 1311-10-2-00-016 (One property split by tax district boundary) Lot A Size: ± 2.26 acres Lot B Size: ± 3.09 acres Lot C Size: ± 4.99 acres Lot D Size: ± 146.33 acres Water Source: Lot Lot Lot Lot A: B: C: D: Proposed Proposed Proposed CWCWD Tap CWCWD CWCWD CWCWD #213 Tap Tap Sewer S stem: y Lot Lot Lot Lot A: B: C: D: Septic Unpermitted Septic Proposed Permit Permit Septic #619740327 Septic #G19760216 Tap 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. Narrative: The proposed application is being processed in conjunction with Subdivision Exemption SUBX18-0021, to separate a second habitable residence. The 157.25 -acre property was created by deed April 10, 2018, Reception No. 4389834. The property includes two parcels. Parcel #1311-10-1-00-013 in Tax Area 2258 and Parcel #1311-10-1-00-016 in Tax Area 2288. Cases RECX18-0071, RECX18-0072, RECX18-0073, SUBX18-0022, and SUBX18-0023 are related cases, also being processed in conjunction with this application. The affected school districts, RE -1 and RE -8, each submitted one request for all seven cases for cash -in -lieu fees for new lots created within their respective district boundaries. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. If residences or structures requiring water and sewer are constructed for any proposed Lot, Weld R ECX 18-0070 Page 1 of 6 County Septic Permits are required for septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. 2. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. Prior to recording the plat: A. There is a Use by Special Review Permit SUP -64, hearing date July 15, 1970, for a Turkey Farm in the A (Agricultural) Zone District. This permit encompasses all of proposed Lots A, B, C and D. The applicant shall address the continued operation of SUP -64 and with which lot(s) it is to be associated. If the applicant wants to remove any of the lots from SUP -64, a partial vacation or complete vacation shall be done prior to recording the Recorded Exemption plat. B. All septic systems located on the property shall have appropriate documentation from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system for the residence located on proposed Lot B of this application. Any existing septic system which is not currently documented through the Weld County Department of Public Health & Environment will require a Statement of Existing Evaluation prior to the issuance of the required documentation. In the event the system is found to be inadequate, the system must be brought into compliance with current Onsite Water Treatment Septic (OWTS) regulations. C. The applicant shall address the requirements of Weld County School District RE -1, as stated in the referral response dated May 11, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. The applicant shall address the requirements of Weld County School District RE -8, as stated in the referral response dated May 10, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. E. The applicant shall address the requirements of the Central Weld County Water District, as stated in the referral response dated May 30, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. F. The applicant shall attempt to address the concerns of the City of Fort Lupton, as stated in the referral response dated May 10, 2018. G. Lots A, B and C shall comply with the one (1) acre net minimum lot size required by Section 24- 8-40.L of the Weld County Code. Net acreage calculations should not include future road right- of-way. H. Lot A shall comply with the less than thirty-five (35) acre gross maximum lot size required by Section 24-8-10.6 of the Weld County Code. Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. J. 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. RECX18-0070 Page 2 of 6 4. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No.1311-10-02 RECX18-0070 B. A 30 -foot -wide joint access and utility easement extending across Lot A and B, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. C. Show and label the preliminarily approved access point(s) and the usage type. D. County Road 19 is a paved road and is designated on the Weld County Road Classification Plan as a arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and 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. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. E. County Road 24 is a paved road and is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the future and 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. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. F Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 5. The following notes shall be placed on the plat: 1) SUBX18-0021 was approved in conjunction with this Recorded Exemption for the purpose of dividing off a second set of existing improvements from the parcel. 2) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the edge of right-of-way or future right-of-way line, whichever is greater. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 5) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. RECX18-0070 Page 3 of 6 6) The property owner shall control noxious weeds on the site. 7) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 8) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 9) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 10) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 11) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 12) The historical flow patterns and runoff amounts shall be maintained on the site. 13) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 14) Prior to the release of building permits on Lots A, B or C, the applicant shall submit evidence to the Department of Planning Services that the Lot has an adequate water supply of sufficient quality, quantity and dependability. 15) 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. 16) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 17) 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. 18) Potential Purchasers are hereby notified that a 24" gas line is permitted by USR-1063 Reception #2444383, and is located on the proposed Recorded Exemption lots. 19) Potential Purchasers are hereby notified that turkey farm is permitted by SUP - Reception #2444383, and is located on the proposed Recorded Exemption lots. Off - site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 20) 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. RECX18-0070 Page 4 of 6 21) 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. 22) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel RECX18-0070 Page 5 of 6 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. Any proposed subdivision adjacent to or contained within this recorded exemption may be considered to be urban scale development. Urban scale infrastructure may be required. 7. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall be added for each additional 3 month period. 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. 4(By: ..„,.41 � �C 9 Snyder, O61) ---)Z----' gela Planfer RECX18-0070 Page 6 of 6 Date: June 21, 2018 Hello