HomeMy WebLinkAbout20231565.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0031, OF FOUR -LOT RECORDED
EXEMPTION, RECX18-0073, 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, RECX18-0073, 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,
3050 67th Avenue, Suite 200, Greeley, Colorado 80634, to vacate Lot D of Recorded Exemption,
RECX18-0073, located on the following described real estate, to wit:
Lot D of Recorded Exemption, RECX18-0073; being
part of the SW1/4 and SE1/4 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, RECX18-0073, 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.
4904665 Pages: 1 of 2
06/20/2023 11:49 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
CC : PL(TP/MN/NIN),
APPL. 2023-1565
11111 O7/IS /,23 RECX18-0073
PARTIAL VACATION, VAC23-0031, OF FOUR -LOT RECORDED EXEMPTION, RECX18-0073,
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: diz*A') ' p;oe
Weld County Clerk to the Board
County A"orney
Date of signature: 06/13/23
4904665 Pages: 2 of 2
06/20/2023 11:49 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
kt ITT I rY hh II II
2023-1565
RECX18-0073
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Nelson, Planner
Subject: Partial Vacation of RECX18-0073
Hearing Date: June 5, 2023
Owners: Firestone Cattle Ranch LP
Representative: AGPROfessionals c/o Hannah Dutrow
Legal Description: Lot D of Recorded Exemption RECX18-0073; being a part of the SW4 and SE4 of Section
10, T2N, R67W of the 6th P.M., Weld County, CO
Location: East and adjacent of County Road 19; North of and adjacent to County Road 22
Parcel Number: 1311-10-4-00-011
Total Parcel Size: +/- 124.69 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot D, being the largest lot of the four -Lot Recorded Exemption RECX18-
0073, recorded October 03, 2018, reception #4435864. This partial vacation of Lot D of RECX18-0073
would result in an approximately 136 acre unplatted parcel. Lot A, Lot B, and Lot C of RECX18-0073 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 RECX18-0073 I Firestone Cattle Ranch LP
Page 1 of 2
2023-1565
RECX 18-0073
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 RECX18-0073 I Firestone Cattle Ranch LP
Page 2 of 2
Firestone Cattle Ranch, LP
PO BOX 517
Eaton, CO 80815
March 7, 2023
Weld County Department of Planning Services
1555 N. 17" Avenue
Greeley, CO 80631
RE: Vacation of Lot 0 of Recorded Exemption No. RECX18-0073
To Whom It May Concern,
We are writing to request the vacation of Lot D of Recorded Exemption No. RECX18-0073, as
recorded on October 03, 2018, at reception no. 4435864. The legal description for the subject
property is listed below:
Lot D of Recorded Exemption RECX18-0073 recorded October 03, 2018, at reception
no. 4435864, being a Part of the South 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 RECX18-0073, affecting Lot D RECX18-0073
only. The existing 30' shared access and utility easement across Lot C of RECX18-0073 for the
benefit of Lots A, C, and D of RECX18-0073 and Lot D of RECX18-0072, as dedicated by the
RECX18-0073 plat is 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
RECX18-0073 will continue to utilize the shared access and utility easement. As no road right-
of-way was dedicated by the RECX18-0073 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-O073 plat and the draft partial exemption vacation plat are
included with this letter.
Sincerely,
Ace T. Berry
Enclosures:
1. Recorded RECX18-0073 Plat
2. Draft Partial Exemption Vacation Plat
.Ti!iV6P
VACATION OF LOT D OF RECORDED EXEMPTION NO. 1311-10-04 RECX18-0073
BEING A PART OF THE SOUTH 1/2 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TI-I P.M., WELD COUNTY, CO
MINTY MAP
mB , s.tl. JBH
AGPROfeSSionals
G W �U BBBN
tl IBJ 19JlHBS
to z Jc .�a.aa s�n.iw
DEVELOPERS OF AGRICULTURE
(zoel sasa>Bi
VACATION PLAT
SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M.,
WELD COUNTY, CO
1 of 2
VACATION OF LOT D OF RECORDED EXEMPTION NO. 1311-10-04 RECX18-0073
BEING A PART OF THE SOUTH 1/2 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, CO
LEGEND
•
H0: 3030
®AGPROfessionals '
DEVELOPERS OF AGRICULTURE
VACATION PLAT
SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M.,
WELD COUNTY, CO
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3050 6
CHANGE ACCESS CKH e
3050 67TH AVE. SUITE 200
GREELEY, CO 80634
RECORDED EXEMPTION NO. 1311-10-04 RECX18-0073
PART OF THE S 1/2 OF SECTION 10, TOWNSHIP 2_ NORTH, RANGE, 67 WEST, OF THE 6TH
P.M., WELD COUNTY, COLORADO
-----
LOT Rj1 LOT D -�
LOT D I
WGG 22
CINITr MAP 1 = 2000
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LEGEND
NOTED R SEi SECi,ON CORNER AS
;� x0iC0. OR Sfi ONE-OunRLER CORN
REASiIO GSR HAMMER IRLGYTa30l
R0A0 RIG
En5ENEN1
a 0 0
HAMMER LAND SURVEYING, INC.
3050 67TH AVENUE, SUITE '200
GREELEY, CO fi0634
PH: 970-535-9318
RECORDED EXEMPTION
SECTION 10, TOWNSHIP 2 NORTH,
RANGE 67 WEST, 8TH P.M.
SECTION 10, TOWNSHIP 2 NORTH
RANGE 67 WEST, 6TH P. M.
UBC 508
DATE: 8/02/18 RECXI B-0073
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 80615-0517
Request: Partial Vacation, VAC23-0031, of Four -Lot Recorded Exemption, RECX18-0073, for
Removal of Lot D
Legal Description: Lot D of Recorded Exemption, RECX18-0073; being part of the SW1/4 and
SE1/4 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; north of and adjacent to County Road 22 (see
Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: May 24, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX18-0073
Owner
FIRESTONE CATTLE RANCH LP
JEFFERY AND JENNIFER BOYD
10182 WCR 19 LLC
ATTN: HANNAH DUTROW
AGROPROFESSIONALS
Address
P.O. BOX 517
P.O. BOX 498
147 SOUTH DENVER AVENUE
City
State Zip
EATON CO
FREDERICK CO
FORT LUPTON N CO
80615-0517
80530-0498
80621-1305
3050 67TH AVENUE, SUITE 200 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, RECX18-0073, in the United States
Mail, postage prepaid First Class Mail as listed above.
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Dated the 24th day of May, 2023.
fah LOOM cpti z k,
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service
CERTIFIED MAIL° RECEIPT
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See Reverse for Instructions
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
5/8/2023
10:28:36 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
iLn LVQAIt)i c
5 I c j Z3 Signature
Date
Property Owners Within 500 Feet of Parcel # 131110400011
Account
Parcel
Owner
Mailing Address
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
R6777841
131109400071
KAUFFMAN LAND & DEVELOPMENT LLC
1675 BROADWAY STE 2800
DENVER, CO 802024690
R8953478
131110100013
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
R8956937
131110300008
`.4* Pr
FIRESTONE CATTLE RANCH LP
PO BOX 517
EATON, CO 806150517
R8956938
131110300009
1t --a
BOYD JENNIFER
R8956938
131110300009 1
LA' s
BOYD JEFFERY J
PO BOX 498
FREDERICK, CO 805300498
Parcels: 13
Owner Records: 15
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
5/8/2023
10:28:37 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
( JQ.VI OLh u
5I 113 Signature
Date
Property Owners Within 500 Feet of Parcel # 131110400011
Account
Parcel
Owner
Mailing Address
R8956983
131110300012
ttm L
10182 WCR 19 LLC
147 S DENVER AVE
FORT LUPTON, CO 806211305
R8956940
131110400011
W 1-D
FIRESTONE CATTLE RANCH LP
PO BOX 517
EATON, CO 806150517
R8956986
131110400015
FIRESTONE CATTLE RANCH LP
PO BOX 517
EATON, CO 806150517
R5381886
131111000001
ENDERSON RANCH LLC
53299 COUNTY ROAD 104
GROVER, CO 807299535
R4854207
131111300049
STABE ALLEN M
R4854207
131111300049
KLAIN LORAINE L
10103 COUNTY ROAD 22
FORT LUPTON, CO 806219315
Parcels: 13 Owner Records: 15
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
5/8/2023
10:28:37 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 131110400011
Parcels: 13
Owner Records: 15
Jan latAto
5 -)?1 .Z3 Signature
Date
Page 3 of 3
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED: 2012.3
C23 - a.% I PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Lot D of Recorded Exemption No. 1311-10-04 RECX18-0073 S 10 T2 R67
❑Complete Vacation (must include all lots)DPartial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number
Acreage Affecte
D
131110400011
123.93
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.
wJSi nnature:er or Auihedze Agent
� Q
C 2trniYi1
th
ate zOk
Signature: Owner or Authorized Agent Date
dnt: Owner or Authorized Agent Print: Owner or Authorized Agent
7/20/2021
DEPARTMENTS OF PLANNING
BUILDING. DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 1T" AVENUE
GREELEY, CO 80831
AUTHORIZATION FORM
1, (We)• Roden. Cattle Ranch, LP AGPROIeetlonale
give permission to
(Ow — please print) (Authorized Agent/Applicant-pleese print)
to apply for any Planning, Building, Access, Grading or OWT8 permits on our behalf, for the property located
at (address or parcel number) below:
Patel no. 131110100011
Legal Description:WC. ot RECXt8-0073 10 2 07
of Section . Township N, Range W
Subdivision Name: WA Lot NIA two NIA
Property Owners Information:
Address: PO BOX 517. Eaton, CO 80816
Phone: 870-054-3000
E -mall:
Authorized Aged/Applicant Canted Information:
Address: 3050 675 Avenue, Greeley, CO 80834
Phone: 870.535-8318 E-Ma0: hdutrow®appres.com
Corresp ndenae b be sent to: Omer fi Authorized li ant/Apptic ent fl by: Min_ Enka
Additional Info;
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document, that the Information stated above is true and corned to the best of my (our) knowledge.
�7
Owner Signature
Date
Owner Signature
Subscribed and sworn to before me this l day of _1111 Cif
A CP 8o r ro
My commission expires s; I y .29
4414329 Pages: 1 of 4
07/11/2018 02:17 PM R Fee :$28.00 D Pee :$0.00
Carly Koppel, Clark and Recorder, Weld County, CO
MalralkMOO4ilIRt
Quit Claim Deed
(Pursuant to 38-30-116 C.R.S.)
1100 DEED, made on Cr 2a18 by FIRESTONE CATTLE RANCH LP, A COLORADO LIMITED
PARTNERSHIP WHO ERRONEO Y K' TITLE FIRESTONE CATTLE RANCH, LLD, A COLORADO LIMITED ABIUTY
COMPANY G.11.048) of this County of kid' fd Uand State of COLORADO for the consideration of "' Ten Dollars
and Otter Good and Valuable Coneidera8on "" dogma M hand paid, hereby sells and quitclaims to FIRESTONE CATTLE RANCH LP, A
COLORADO LIMITED PARTNERSHIP Grantee(s), as Entity whose street address is County of Weld, state of Colorado, the following real
properly In the County of Weld and State of Colorado, to wit:
Slate Documentary Fee
Date:
$0.00
No Doc Fee Required
Sea attached "Exhibit A"
also known by street and number as 9084, 9144, 9576 COUNTY ROAD 24, 10180,10848,10182 COUNTY ROAD 19 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 1,04d
)
KALYNAUDREYBLACH
NOTARYPUBUC
STATE OF COLORADO
NOTARY ID 20174018808
MY COMMISSION EXPIRES JUNE 28, 2021
The foregoing Immanent wits acknowledged before me on this day of 1 r' �
ACE BERRY AS MANAGER OF FCR FEEDER, LLC A COLORADO U D LTA IT toomP NY, GENERAL PARTNER OF
FIRESTONE CATTLE RANCH LP, A COLORADO LIMITED PARTNERSHIP WHO ERRONEOUSLY TOOK TITLE AS FIRESTONE
CATTLE, LLC, A COLORADO LIMITED LIABILITY COMPANY
Q
e?*
My Commission expires "f!"? �ZD 71
When r o dad return to: FIRESTONE CATTLE RANCH LP, A COLORADO LIMITED PARTNERSHIP
370181 79th St. East
Okotoks AB, T1S2A2 Canada
Form 33 closIng/deeds/gcd.html 25158297 (390731)
a.w+�sra,e«x
III I IIINII IIIu III IIII II III
4414329 Pogo*: 2 of 4
Carly KKopp.s,BClerk amend Raoorder, ee Weld County, .#0.01'1
1111 U�.rI �Pti�� � lJl'l�k�lr�«� �'«i�ri Iff lWilci'11'IY 11111
Exhibit A
Escrow No. 25158297
PARCEL I:
A PART OF THE S1/2 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 87 WEST OF THE 6TH P. M., COUNTY OF WELD,
STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING: ASSUMING THE SOUTH UNE 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 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 LINE ALONG THE NORTH UNE OF SAID S1/2 OF THE S1/2, SOUTH 89 DEGREES 40
MINUTES 59 SECONDS EAST FORA 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 03 MINUTES 14 SECONDS EAST FORA DISTANCE OF 1047.96 FEET TO A POINT ON THE
NORTH UNE OF SAID S1/2 OF THE S1/2;
THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 40 MINUTES 59 SECONDS EAST FORA DISTANCE OF 3908.44
FEET TO THE NORTHEAST CORNER OF SAID S1/2 OF THE S1/2;
THENCE ALONG THE EAST UNE 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 UNE OF SAID SE1/4, NORTH 89 DEGREES 38 MINUTES 28 SECONDS WEST FOR A
DISTANCE OF 2598.80 FEET TO THE SOUTH ONE-OUARTER 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.
3060 87TH AVE. SUITE 200
GREELEY, OO80634
PARCEL II:
A PART OF THE N1/2 OF SECTION /0, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 8111 P. M., COUNTY OF WELD,
STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING: ASSUMING THE NORTH UNE OF THE NW1/4 OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67
WEST AS BEARING NORTH 89 DEGREES 69 MINUTES 69 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 UNE OF THE NE1/4 OF SAID SECTION 10, SOUTH 89 DEGREES 46 MINUTES 07 SECONDS
EAST FORA DISTANCE OF 2618.01 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-0UARTER 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 2119.2O FEET;
THENCE DEPARTING SAID SOUTH UNE, NORTH 00 DEGREES 03 MINUTES 26 SECONDS EAST FORA 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 Papa : 3 of 4
07/11/2018 02:17 PM R Fee:$28.00 D Fee:00.00
Carly Kopp., Clerk and Recorder, Weld County, CO
VIII Il III
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.
LEGAL DESCRIPTION CREATED BY:
HAMMER LAND SURVEYING, INC.
3050 67TH AVE. SUITE 200
GREELEY, CO 80694
PARCEL III:
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 UNE 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 8114" 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 87 WEST OF THE
6TH P. M.,
THENCE ALONG THE WEST LINE OF THE SW114 OF SAID SECTION 10, NORTH 00 DEGREES 07 MINUTES 23 SECONDS
EAST FORA DISTANCE OF 1313.67 FEET TO THE NORTHWEST CORNER OF THE S. 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 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 SOUTH 00 DEGREES OS MINUTES 14 SECONDS EAST FORA DISTANCE OF 1047.96 FEET TO A POINT ON THE
NORTH UNE OF SAID 1/2 OF THE S1/2;
THENCE ALONG SAID NORTH LINE SOUTH** 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 i8 MINUTES 31 SECONDS
EAST FOR A DISTANCE OF 1316.94 FEET TO THE EAST ONE -QUARTER 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 FORA 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 FORA 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. 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 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 2628.97 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 99 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 FORA 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;
THENCE SOUTH 00 DEGREES 21 MINUTES 12 SECONDS EAST FORA DISTANCE OF 165.57 FEET;
THENCE NORTH 86 DEGREES 42 MINUTES 22 SECONDS WEST FORA DISTANCE OF 233.82 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 1188.88
4414329 Pogo.: 4 of 4
07!1112018 02:17 PM R F..:$28.00 D Faa:00.00
Carly Koppos, Clerk and Recorder, Wald County, 0
IIII IYUfIIIFilhO'll iIR [Ir «IIMPIIIREIlk Ik 1I III
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Diamond
c/o
Land,
Horton,
LLC
Manager
RECX18-0073
Planner:
Angela
Snyder
Dallas
Legal
Description:
A
part of
the
S2 of
Section
10. T2N.
R67W of
the 6th
P.M.,
Weld
County.
CO
Parcel
ID
#:
1311-10-4-00-018
Lot
A Size:
± 4.14
acres
Lot
B Size:
± 4.23
acres
Lot
C Size:
± 4.33
acres
Lot
D Size:
± 123.93
acres
Water
Source:
Lot
Lot
Lot
Lot
A:
B:
C:
D:
Proposed
Proposed
Proposed
Proposed
CWCWD
CWCWD
CWCWD
CWCWD
Tap
Tap
Tap
Tap
Sewer System:
Lot
Lot
Lot
Lot
A:
B:
C.
D:
Proposed
Proposed
Proposed
Proposed
Septic
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.
Narrative:
The 136.63 -acre property was created by deed April 10, 2018, Reception No. 4389834. Cases RECX18-
0070, RECX18-0071, RECX18-0072, SUBX18-0021, 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
County Septic Permits are required for septic systems and shall be installed according to the Weld
County On -site Wastewater Treatment System Regulations.
RECX18-0073
Page 1 of 6
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 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
C 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
D 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
E The applicant shall attempt to address the concerns of the City of Fort Lupton, as stated in the
referral response dated May 10, 2018
F A shared access is proposed for Lots B and D across Lot D of RECX18-0070 The applicant
shall submit to the Weld County Department of Planning Services
1) A recorded copy of any agreement signed by all the owners of the property crossed by
the access
2) A 30 -foot -wide joint access and utility easement extending across Lot D of RECX18-
0070 from County Road 19, for the benefit of Lots B and D of RECX18-0073, shall be
shown clearly on the plat The access shall be for ingress and egress and shall be
referenced on the plat by the Weld County Clerk and Recorder's reception number
The easement shall be graded and drained to provide all weather access
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 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
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
RECX18-0073
Page 2 of 6
4. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No.1311-10-04 RECX18-0073
B. A 30 -foot -wide joint access and utility easement extending across Lot A and C, for the benefit
of Lots A and C, 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 an 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. 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.
F. 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 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.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20.C.3 of the Weld County Code.
4) 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) The property owner shall control noxious weeds on the site.
6) 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.
7) 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
RECX18-0073
Page 3 of 6
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.
8) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
9) 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.
10) 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.
11) The historical flow patterns and runoff amounts shall be maintained on the site.
12) 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.
13) 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.
14) 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.
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) 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.
18) 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.
19) 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.
20) 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,
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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.
21) 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
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.
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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.
By:
I (S;;C.,11-O(e
gela Snyder, Planffer
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Date: June 21, 2018
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