HomeMy WebLinkAbout20223077.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -4721,
FOR REMOVAL OF LOT B - STANLEY AND MARY ODENBAUGH
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 November 5, 2007, the Department of Planning Services approved
Two -Lot Recorded Exemption, RE -4721, and
WHEREAS, the Board has received a request from the current property owners, Stanley
and Mary Odenbaugh, 21255 County Road 54, Greeley, Colorado 80631, to vacate Lot B of
Recorded Exemption, RE -4721, located on the following described real estate, to wit:
Lot B of RE -4721; being part of the E1/2 SW1/4 of
Section 22 and the NW1/4 of Section 27, Township 5
North, Range 65 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. All easements (created by separate document) delineated on the RE -4721 plat
shall be delineated on the vacation plat, unless they have been previously vacated.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Stanley and Mary Odenbaugh, for Partial Vacation of
Two -Lot Recorded Exemption, RE -4721, for removal of Lot B, 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.
4868048 Pages: 1 of 2
11/21/2022 11:12 AM R F..:$0.00
Carly Koppss, Clerk and Recorder, Weld County , CO
cc: PL(-rM/Mw /cc,), p PPL .
11/29/22-
2022-3077
RE -4721
PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -4721, FOR REMOVAL OF
LOT B - STANLEY AND MARY ODENBAUGH
PAGE 2
2. Recorded easements and rights -of -way shall be delineated on the plat by book
and page number or reception number.
3. A portion of the property to be vacated is located within the floodplain/floodway.
The floodplain boundary shall be delineated on the plat.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE I./p COUNTY, COLORADO
ATTEST: C/) JC,(1D;4,
Scut K. James, Chair
Weld County Clerk to the Board
Mike
BY:
APP
teve Moreno
Lori Saine
ney
Date of signature: IlflN/2.2
4868048 Pages: 2 of 2
11/21/2022 11:12 AM R Fee:$0.00
Carly Kopp. , Clerk and Reoorder, Weld County , CO
VIII I r�IIM�C PLi ITT' IM ti I�fi'r sl Li�t�Y�h 11111
2022-3077
RE -4721
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Chris Gathman, Planner
Subject Partial Vacation of Lot B RE -4721
Hearing Date: November 7, 2022
Owners: Stanley E. Odenbaugh and Mary E. Odenbaugh
Legal Description: Lot B of RE -4721; being a part of the E2SW4 of Section 22 and a part of the NW4 of
Section 27, both located in T5N, R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 54 and approximately 'A mile east of County
Road 43
Parcel Number: 0961-22-3-00-010
Total Parcel Size: +/- 67.74 acres Zone District: A (Agricultural)
Summary:
The applicant is requesting to vacate Lot B of Recorded Exemption RE -4721. RE -4721 was recorded on
1/15/2008 under reception # 3529102.
There is one permitted access point AP18-00042 — Residential.
This section of CR 54 is covered by an access control plan. The plan recognizes this access point as
multi -use (ag and res) with no future recommendations.
Therefore, this access point shall be used for the future residential access. No other access point onto
CR 54 will be permitted.
A 30 -foot joint access and utility easement off County Road 54 providing access to Lots A and B of RE -
4721 and SE -1121 was delineated on the recorded RE -4721 plat. This easement connects to an east west
40 -foot access, utility and irrigation easement that crosses lots A & B of RE -4721 and SE -1121. The
easements must be maintained so as to not land lock a parcel in the future.
All easements (created by separate document) delineated on the RE -4721 plat shall be delineated on the
vacation plat unless they have been previously vacated.
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.
Vacation of Lot B Corrected RE -3218 I Johnson
Page 1 of 2
2022-3077
qr1
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.
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following conditions.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owners and shall be submitted for recording with the recording fee to the Department
of Planning Services. The vacation is in effect the date of recordation of the land survey plat with
the Weld County Clerk and Recorder.
B. All recorded easements and rights -of -way shall be delineated on the plat by book and page number
or reception number.
C. A portion of the property to be vacated is located within the floodplain/floodway. The floodplain
boundary shall be delineated on the plat.
Vacation of Lot B Corrected RE -3218 I Johnson
Page 2 of 2
VACATION REQUEST LETTER
Attention: Department of Planning Services
The purpose of this Vacation Plat of Lot B of Recorded Exemption No. 0961-22-3 RE4721,
recorded at Reception No. 3529102, is to remove the large lot from the RE so that this area can
be combined with a secondary parcel and then split in to Two (2) 35 Acre tracts. There is an
existing residence and a 2 outbuildings situated in the Southwesterly corner of the parcel along
with a secondary residence and outbuilding situated along the North line of the parcel. The
majority of the lot is lowland wet areas and a seepage ditch that generally runs East/West across
the land. There is a Thirty (30) foot Joint Access and Utility Easement, dedicated per the RE
Plat, at the Southwest corner of the parcel along with a Forty (40) foot Access, Irrigation &
Utility Easement, dedicated at Reception No. 3516840 and a Fifteen (15) foot Irrigation & Utility
Easement, dedicated at Reception No. 3513954, that overlap, and run EastMest across the Snails
side of the tract. There is also a Home Light and Power Company easement that runs along the
West line, dedicated at Reception No. 1952269, that has an undefined width.
Owners: Stanley E and Mary E Odenbaugh
Stanley E Odenbaugh
c/o Gary Odenbaugh
21255 County Road 54
Greeley, Colorado 80631
Mary E 0 Baugh
VACATION of LOT B of RECORDED EXEMPTION No. 0961-22-3 RE -4721
A portion of the Northeast Quarter of the Northwest Quarter of Section 27, and a portion of the East Half of the Southwest
Quarter of Section 22, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado
CURRENT PROPERTY QLSrRflION LPu
Lot B of Recorded (.empt.on No 096
the Southwest Quarter of Section 21.
27 Toeneh.p S North. Ronge 65 west
PROPOS(0 PROPLRTY J'Sr RIE!TION
ALTA Commitment
1-22-3 RE -4711
Township 5 North,
of the 6th P M ,
File Number 11062131
, recorded January 15. 2006 of Reception No
Range 65 West and o pore of the Northeast Quarter of the Northwest Quarter of Section
County of Weld. State of Coloroao
3579107. being O part of the t act i.a!t of
An area of and being a portion or the Northeast Duality of the Northwest Quarter (NE1/4NW1/4) of Section Teenty-seventy (21) and a portion
of the Cost Hoe of the Southwest Quarter (11/2SW1/4) of Section Twenty-two (27). all in Township fine (5) North, Range Sealy five (65) West of
the Seath Principal Verson (61n PIA), County of Weld State of Caorodo being more prl.culory described as slaws
BEGINNING of the Southwest corner of said 11/75*1/4, also known Os the West S•leenth caner of said Section 22 and assuming the West Ins
of said ( 1/2SW1/4, os monumented by o /6 rebut •'Ih a 3 25- aluminum cap LS 9644 0l the South end and by o #6 rater with a 7 5 -
aluminum cap LS 9644 al INC North end. as bearing North 00'7O'25- East, being o Drld Bearing of the Colorado Slate Plane Coordinate System,
North Zone, North American Datum 1963 (7011). o distance of 2624 65 feet, waib all other bearings contained herein relative thereto
the lineal dimensions os contained herein are based upon the U S Survey Copt
THENCE Norm 00'2025- West along said West ;he of the E1/25W1/4 o distance of 262465 reel to
known as the Center West S•teenth corner of said Section 22.
THENCE North 89'03'17" East along the North lino of sod C1/2SW1/4 o distance of 1341.81 tot to
also %noon as the Center Quarter corner of said Section 22,
THENCE South 00'01'59 West along the Last line of said E1/2NW1/4 a
THENCE South 47'35'36' West a distance of 424 62 feel.
THENCE South 46'45.41 West o distance or 58.40 feet to a Pont on o Curve (ROC):
THENCE along the etc of a non -tangent curve concave to the Northwest a distance of 19533 feet, •ad curve
delta angle of 34'15'1)" and is subtended by a chord bearing South 6601'35' West o &stone of 19243 feet
THENCE along the oft of a non -tangent curve cOKave to the North o distance of 305.21 Int, sod curve hos
angle of 30'46.01' and •s subtended by a chord bearing North 85'57'31 West a distance of 301 58 feet
THENCE South 00'02'28' West o distance of /81 03 feet to tie appro•irnale North right -of -soy line of County Road 54.
Thence along too approximate North right -of -coy line the following three (3) courses one distances
THENCE North 60'U76" West a distance of 50 74 feet,
THENCE North 863951 West a detonc• of 15665 feet,
THENCE North 874721" West o distance of 28282 feet to the West line of the Nq1/404,1/4 of sod Section 27,
THENCE North 00'34'17" West along said West line a distance of 111.98 feet to the Southwest corner of the E1/25W1/4 of Section 22. also
known as the West S.elernth Corner of sod Section 22. and to the POINT Of BEGINNING
Said oreo of land contains 67 74 Acres (22,950,613 so ft ), mire o,
record o• roc existing on said described (lieu of land
PRQPLRTT f)*Nf R S CLBLt1CA?E
we. the unaersgned, being the sae Owners
recogn.ea•0 as On unpiolted Iract of lone'
,n
distance of 1609.21.
the Northwest corner of the E1/7SW1/4. also
the Northeast corner of the (1/25.1/4,
hoe a radius of 32612 feeto
to a POC
a *adult or 568 38 feet, o delta
less (♦/-), and is subject to any rights - of -coy or other easements of
lee of ine above described property. 00 hereby vacate the land division plot of record.
now
Listing easements ale not affected ay Ins vocation ,rnle•t indicated as -VACATE D BS THIS PLAT. on the OCCOmpony.ng mop hereon Any casement
created by Ink original lone Onvson pat that 5 not Shown as vocattd on the accompanying molt is hereby rededicated as shown ROOd
rights -of soy ore not affected by this vacate^
Stanley ( Odenbough Mary ( Odenbaugh
Stale of Caorodo)
County of Weld
The foregoing certification •us acknowledged before me this _ day of A D. 20
key
comm.ssen euchre*
Witness My Hand Ono Sidi
Not 0ry Public
BOSRQQL COUNTY SOMMic5lONLRt APPRQVA
This vacation plot .6 approved by the Board of County Commissioner of Weld County. State of Colorado
Witness my hand and the Corporate Seal of Weld County this _ day of A D.. 20_
Char, Boone of County Comm -stoners
ATTEST
Weld County Clerk to the Board
By
Deputy Cleft to the Sorra dote
ji TIT COMMITMENT MOO
This survey does not constitute a title search by Lat4O. Inc. to determine ownership or easements of record For all information regard®
easements, rights -of -soy and title of records. 1at40, Inc relied upon ALTA Commitment fiie Number 1706273, having a Commitment Dot• of
13, 2072 at 12:12 PM , as prepared by Stewart Title Guaranty Company to delineate the aforesaid information
BASIS 1)f B(ARINCS .Abla i iSa AL IAMB QLJjwj1QN
May
Assuming the West tins of the East Hall of the Southwest Quortr of Section 22. monument•d al the South end by a II ...bar with a 325'
aluminum cap LS 9644 and of the North end by 0 /6 reDr with 0 2 5" otuminum cop LS 9644. os bearing North 00'2075" East. being a Cad
Booting or the Colorado State Plane Coordinate System. Wenn Zone North Arvirnon Datum 1983. o distance of 2624 65 feet eth oil other
bearings contained herein relative thereto
The hneor dimensions Os contained harem ore bawd upon the 'U S Survey Foot.'
GFfQvlyflq'G hsOTF5
1. total Surveyed Argo 67 74 Acres (12,950.614 so ft )
2 No active oil & goo production facilities or well heads 'viol on the submit property
3 Properly may be subject to Wankel type surface use agreements, easements and rights -of way that ore not specifically defined os to sire o
location
4 According to Colroea foe, you must comihence any legal Ottau toned upon any defect in Ions s ..thin three years after you discover
such detect In no event, may any oction bused upon any defect in this survey be commenced more than ten years after Inca date or the
certificate shown hereon (13- 80-105 C R S )
VICINITY MAP
SCALE - 1"-1000'
LEGEND
iriratariel
V//i77//_A
GiS PARCEL LINE'S
SUBJECT PROPERTY
MUNICIPAL uWTS
Lat40., Inc.
Professional Land Surveyors
6250 W. 10th Street, Unit 2
Greeley, CO 80634
0: 970-515-5294
DATE
8/12/2022
REVISIONS:
IFA NAML DRAWN BY
2022181VAC JA/LD
DATE:
I CHI CKED By.
JA
`.L:ALI
AS NOTED
VACATION PLAT
FOR
GARY ODENBAUGH
21255 COUNTY ROAD 54,
GREELEY, COLORADO 8O631
Iii7bJ1 ( : I
2202181 1
1
SHEET 1 OF 2
VACATION of LOT B of RECORDED EXEMPTION No. 0961-22-3 RE -4721
A portion of the Northeast Quarter of the Northwest Quarter of Section 27, and a portion of the East Half of the Southwest
Quarter of Section 22, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado
a �u
,4214.,711
LEGEND
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Professional Land Surveyors RErsloRs: oArz: VACATION PLAT
Of'
6250 W. tOth Street, Unit 2
Greeley, CO 80634 FOR
GARY 0DENBAUCH
G; 9%G-�jt rj-j2g4 212554rt, ROAD 54
GREELEV, COLORADO 80631 wrrt � n
RECORDED EXEMPTION NO. 0981-22-3 RE -4721
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WELD COUNTY, COLORADO
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RECORDED EXEMPTION RE -4741
CORRECTED EASEMENTS
PART E 1/2 SW 1/4 SECTION 22
PART NE 1/4 NW 1/4 SECTION 27
T. 5 N., R. 65 W., 6TH P.M.
WELD COUNTY, COLORADO
1111111111111111111111111111111111111111111111111
3516840 11/132007 11:300 Weld County, CO
1 of 2 R 11.00 D 0.00 Steve Moreno Clerk 3 Recorder
DESCRIPTION — ACCESS. IRRIGATION AND UTILITY EASEMENT
A 4O foot access, irrigation, and utility easement located in the East One —Half Southwest One —Quarter
(E 1/2 SW 1/4) of Section Twenty —Two (22) and the Northeast One —Quarter Northwest One —Quarter (NE
1/4 NW 1/4) of Section Twenty —Seven (27), Township Five (5) North, Range Sixty —Five (65) West of the
6th Principal Meridian, Weld County, Colorado. Said easement is to be 10 feet north and 30 feet south of
of o line being more particularly described as:
Considering the south line of the East One —Rolf Southwest One —Quarter (E 1/2 SW 1/4) of Section
Twenty —Two (22), Township Five (5) North, Range Sixty —Five (65) West of the 6th Principal Meridian, Weld
County, Colorado to bear South 89'55'O4" Eost and all bearings contained herein relative thereto.
Beginning of the West One —Sixteenth (W 1/16) Corner of said Section Twenty —Two (22) and thence along
the section line South 89'55'O4" East, 1324.57 feet to the South One-Ouorter (5 1/4) corner of said
Section Twenty -Two (22).
-ond-
IRRI ATION DITCH EASEMENT
Beginning of a point on the north line of the Northeast One-0uorter Northwest One-0uarter
(NE 1/2 NW 1/4) of Section Twenty -Seven (27) whence the West One —Sixteenth (W 1/16) Corner of said
Section Twenty —Seven (27) bears North 89'55'O4" West, 187.86 feet; thence South O7'54'38" Eost, 70.31
feet. Said easement is to be 15 feet wide, 7.5 feet on each side of the described centerline.
SURVEYOR NOTES.
1) NOTICE: According to Colorado law, you must commence any legal oction bored upon any defect in this
survey within three years after you first discovered such defect. In no event may any action based upon
any defect in this survey be commenced more than ten years from the dote of the certification shown
hereon (13-80-105 C.R.S.). Alles old Associates, Inc. and/or Kenneth R. Allen will not be liable for more
than the cost of this survey and then only to the Client specifically shown hereon or in our file by signed
authorization. Acceptance and/or use of this instrument for any purpose constitutes agreement by the
client •:o all terms stated hereon.
2) BASIS OF BEARING: Considering the south line of the East One —Rolf Southwest One—Ouarter (E 1/2 SW
1/4) of Section Twenty —Two (22), Township Five (5) North, Range Sixty —Five (65) West of the 615
P incipol Meridian, Weld County, Colorado to bear South 89'55'O4" East and all bearings contained herein
relative thereto.
EASEMENT CERTIFICATE
I (We), the undersigned, do hereby dedicate, for the benefit of the property(ies) shown or described
hereon, easements for the purposes shown or described hereon.
err rpmrinkin Wm: 01,22.20W
SURVEYOR'S CERTIFICATE
Kenneth R. Allen, o Registered Professional Land Surveyor in the State of Colorado do hereby certify
that this survey represented by this plat was mode under my personal supervision and checking.
I further certify thot the survey is plot comply with all applicable rules. regulotions, ord laws
of the State of Colorado, S = •c ; icensure for Professional Engineers and Profession, Land
Surveyors, to the best of
s-'
Kennet 'I R. AlteulGabl9do 'LS'>e644
KIMBERLY KAY MCMURREN
21255 CR 54
GREELEY, COLORADO 80631
SHEET 1 DE__L_
CORRECTED EASEMENTS
RUES AND ASSOCIATES,
zl428 N 2ND ST., LA SALLE, CO 8O645
TELE. (97O) 284-9562
FAX: (970) 284-9564
Drown by: AM
Checked: KRA
Dote: 10/18/07
Approved: KRA
CORRECTED EASEMENTS
PART E 1/2 SW 1/4 SECTION 22
PART NE 1/4 NW 1/4 SECTION 27
T. 5 N., R. 65 W., 6TH P.M,
WELD COUNTY, COLORADO
S4 210
N
N
re
fv210 S9 '21 N N
FOUND 1/16 OR 1/4 CORNER
1111111 1111 111111111111111111111111111111111111111
3616840 11/13/2007 11:306 Weld County, CO
2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder
7Z
U
SHEET 2
OF 2
KIMBERLY KAY MCMURREN
21255 CR 54
GREELEY, COLORADO 80631
CORRECTED EASEMENTS
ALES AND ASSOCIATES, INC.
428 N 2ND ST, LA SALLE, CO 80645
TELE (970) 284-9562
FAX: (970) 284-9564
Drown by: AM
Checked: KRA
Date: 10/18/07
Approved: KRA
EASEMENTS
PART E. 1/2 SW 1/4 SECTION 22
PART NE 1/4 NW 1/4 SECTION 27
T. 5 N , R. 65 W., 6TH P.M.
WELD COUNTY, COLORADO
DESCRIPTION — IRRIGATION AND UTILITY EASEMENT
A 15 foot irrigation and utility easement located in th
(E 1/2 SW 1/4) of Section Twenty —Two (22) and the
1/4 NW 1/4) of Section Twenty —Seven (27), Township
6th Principal Meridian, Weld County, Colorado. Said eo
centerline being more particularly described as:
I 111111 11111 1111 1111 111111 Ell 11111 III 11111 1111 IIII
3613964 10/29/2007 02:14P Weld County, CO
1 of 2 R 11.00 D 0.00 Steve Moreno Clerk a Recorder
e East One —Half Southwest One—Quorter
Northeast One —Quarter Northwest One—Quorter (NE
Five (5) North, Range Sixty —Five (65) West of the
Bement is to be 7.5 feet on each side of o
Considering the south fine of the East One —Wolf Southwest One —Quarter (E 1/2 SW 1/4) of Section
Twenty -Two (22), Township Five (5) North, Range Sixty —Five (65) West of the 6th Principal Meridian, Weld
County, Colorado to bear South 89'55'04" East and all bearings contained herein relative thereto.
Beginning of the West One —Sixteenth (W 1/16) Corner of sold Section Twenty —Two (22) and thence along
the section line South 89,5'04" East, 1324.57 feet to the South One —Quarter (S 1/4) corner of said
Section Twenty —Two (22).
—ond—
IRRIGATON DITCH EASEMENT
Beginning at o point on the north line of the Northeast One —Quarter Northwest One —Quarter
(NE 1/2 NW 1/4) of Section Twenty —Seven (27) whence the West One —Sixteenth (W 1/16) Corner of said
Section Twenty —Seven (27) bears North 89'55'04" West, 187.86 feet; thence South 07'54'38" Eost, 70.31
feet.
SURVEYOR NOTES:
1) NOTICE: According to Colorodo law, you must commence ony legal action Nosed upon any defect in this
survey within three years after you first discovered such defect. In no event may ony action based upon
any defect in this survey be commenced more thou ten years from the date of the certification shown
hereon (13-80-105 C.R.S.). Allen and Associates, Inc. and/or Kenneth R. Alles will not be liable for more
than the cost of this survey and then only to the Client specifically shown hereon or in our file by signed
authorization. Acceptance and/or use of this instrument for any purpose constitutes agreement by the
client to all terms stated hereon.
2) BASIS OF BEARING: Considering the south line of the Eost One —Half Southwest One —Quarter (E 1/2 SW
1/4) of Section Twenty —Two (22), Township Five (5) North, Range Sixty —Five (65) West of the 6th
Principal Meridian, Weld County, Colorado to bear South 89'55'04" East and all bearings contained herein
relative thereto.
EASEMENT CERTIFICATE
I (We), the undersigned, do hereby dedicate, for the benefit of the property(ies) shown or described
hereon, easements for the purposes shown or described hereon.
Kimberly Koy cMu ren, Kimberly Kay McMurren Trust The foregoing cn mate was acknowledged before me this day of ) 0kCl2OV A.D., 2001
MyCom 4,%
Notory1u f ,
wit ne o; tWAtlati o
I 500008
Witnes51'1H,and and.
SURVEY,
'FL
fntn%ieskn Fri: 08.222pG:
I, Kenneth R Ages, a Registered Professional Land Surveyor in the State of Colorado do hereby certify
that this survey represented by this plat wos mode under my personal supervision and checking.
I furthe' certify thot the survey and this plot comply with all opplicoble rules, regulations, and lows
of the State of Colorado, S Licensure for Professional Engineers and Professional Land
Surveyo-s, to the best of
KIMBERLY KAY MCMURREN
21255 CR 54
GREELEY, COLORADO 80631
SHEET 1 OF 2
EASEMENTS
JULfES AND ASSOCIATES, INC.
428 N 2ND ST, LA SALLE, CO 80645
TELE. (970) 284-9562
FAX: (970) 284-9564
Drown by: AM
Checked: KRA
Dote: 10/18/07
Approved: KRA
EASEMENTS
PART E 1/2 SW 1/4 SECTION 22
PART NE 1/4 NW 1/4 SECTION 27
T. 5 N., R. 65 W., 6TH P.M.
WELD COUNTY. COLORADO
Sr NO
N
N
N n
N N
£v 21D ./4 S9 '21 ry N
1,O .1 FOUND 1/16 OR 1/4 CORNER
IIIIII IIIII IIIIII IIII IIIIII IIII IIIIIII III Iilil IIII IIII
3613954 10/2912007 0214P Weld County, CO
2 of 2 9 11.00 .00 D 0Steve Moreno Clerk S Recorder
N Q O
"\N
� N
Win^
SHEET_ DC 2
KIMBERLY KAY MCMURREN
21255 CR 54
GREELEY. COLORADO 80631
EASEMENTS
QL LEA AS 0 ASSOCIATES, /0/C
J428 N 2ND ST, LA SALLE, CO 80645
TELE (970) 284-9562
FAX: (970) 284-9564
Drawn by: AM
Checked: KRA
Dote' _12Z18/O7
Approved: KRA
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.
E-mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your e-mail correspondence into the case file, please send a copy to
egesick@weldgov.com.
DATE: November 7, 2022
TIME: 9:00 a.m.
APPLICANT:
Stanley and Mary Odenbaugh
21255 County Road 54
Greeley, Colorado 80631
REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RE -4721, for Removal of Lot B
LEGAL DESCRIPTION: Lot B of RE -4721; being part of the E1/2 SW1/4 of Section 22, and part
of the NW1/4 of Section 27, Township 5 North, Range 65 West of the 6th P.M., Weld County,
Colorado
LOCATION: North of and adjacent to County Road 54; approximately 0.25 miles east of
County Road 43 (See Legal Description for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 26, 2022
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RE -4721
Owner
KIMBERLY MCMURREN
Address
21259 COUNTY ROAD 54
STANLEY AND MARY ODENBAUGH 21255 COUNTY ROAD 54
City
GREELEY
State Zip
CO 80631-9770
GREELEY CO 80631-9770
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, RE -4721 in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 26th day of October, 2022.
t' ('c ' Lk c �C
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.comc .
icta
:;;
'kg Als
.1 �r
Certified Mail Fee
$
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic) $
❑ Certified Mail Restricted Delivery $
O Adult Signature Required $
0 Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
Postmark
Here
Sent To
Kimhcc[cuicI1 %LL ([C
Street and Apt. No., or PO, x No.
[5gLQkr-1-c1Rcac{ _5
City, Stet P+4Z
1
8CG 31- c"77L
PS Form 3800, April 201.`, PSN 7530-02-000-9047 See Reverse for Instructions
J3
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Certified Mail Fee
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com
ac
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
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o Certified Mail Restricted Delivery $
❑ Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
Sent T
Street andA t N
City, Stat
S ALA
PS Forr l 3800, April 2015 PSN 7530-02-000-9047
161 ?(-41
Postmark
Here
Cut 1 Li de a _ kt__
bt4trRthiA
u& Rb ri 64
(3
f 1:
(1-17
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3.
■ Print your name and address ditithe reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
54n.n)uj lt h cl tY\arl-i
Cckn'kxwgh
pUA_ lit) CD g Le5g 0-776
212_55 Court 1-4-)acf 5
111111! II 11111111101
9590 9402 6749 1074 1339 00
i
i
fir
1
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COPTPLE7E 7 E THIS SECTION ON DELIVERY
A. 'Sigria
re
aLlt c4/t
❑ Agent
❑ Addressee
C. Date of Delivery
o----3 jz
D. Is delivery address different from item I? ❑ Yes
If YES, enter delivery address below: ❑ No
2. Article Number (Transfer from service label)
7019 2970 0000 1136 71,93
3. Service Type ❑
❑ Adult Signature ❑
❑ Adult Signature Restricted Delivery 0
,a"bertified Mail®
❑ Certified Mail Restricted Delivery ❑
❑ Collect on Delivery 0
❑ Collect on Delivery Restricted Delivery
.•_.
II
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Mail Restricted Delivery
[0)
Priority Mail Express®
Registered MailTM
Registered Mail Restricted
Delivery
Signature ConfirmationTM
Signature Confirmation
Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
10/11/2022
10:00:54 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.
talALt )t UL
I Signature
o,, zU�Z
Date
Property Owners Within 500 Feet of Parcel # 096122300010
Account
Parcel
Owner
Mailing Address
R3916486
096122000023
MAXWELL TRACY JO ANN M
R3916486
096122000023
MAXWELL JO ANN
719 TERRA CALIFORNIA DR APT 2
WALNUT CREEK, CA 945953064
R3916886
096122000025
LOFLAND FARM LIMITED LIABILITY CO
8801 W 41ST AVE
WHEATRIDGE, CO 800334309
R0342494
096122000032
LORENZ FARMS INC
26543 COUNTY ROAD 45
GREELEY, CO 806319763
R5232708
096122300009 ''
L -f11" A-
MCMURREN KIMBERLY KAY
21259 COUNTY ROAD 54
GREELEY, CO 806319770
R5232908
096122300010
Lo -i- 3
ODENBAUGH MARY E
R5232908
096122300010
Lo 5
ODENBAUGH STANLEY E
21255 COUNTY ROAD 54
GREELEY, CO 806319770
R5233108
096122300011
MCMURREN KIMBERLY KAY
21259 COUNTY ROAD 54
GREELEY, CO 806319770
R1034602
096127000068
MORAN TERESA A
Parcels: 13
Owner Records: 19
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
10/11/2022
10:00:54 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.
O -01. LL WYrk
lbI Signature
ItZZ
Date
Property Owners Within 500 Feet of Parcel # 096122300010
Account
Parcel
Owner
Mailing Address
R1034602
096127000068
MORAN HOWARD L
21260 COUNTY ROAD 54
GREELEY, CO 806319058
R1034702
096127000069
MORAN TERESA A
R1034702
096127000069
MORAN HOWARD L
21260 COUNTY ROAD 54
GREELEY, CO 806319058
R6787692
096127200006
MOKRAY BERTHA M JOINT REVOCABLE
TRUST
R6787692
096127200006
MOKRAY STEPHEN E JOINT REVOCABLE
TRUST
4454 W 17TH ST
GREELEY, CO 806343279
R6787693
096127200007
CARLISLE DAWN R
25970 COUNTY ROAD 43
GREELEY, CO 806319774
R5232808
096127200012
MCMURREN KIMBERLY KAY TRUST
21259 COUNTY ROAD 54
GREELEY, CO 806319770
R5233008
096127200013
ODENBAUGH MARY E
R5233008
096127200013
ODENBAUGH STANLEY E
21255 COUNTY ROAD 54
GREELEY, CO 806319770
Parcels: 13
Owner Records: 19
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
10/11/2022
10:00:54 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.
(Atrervi tiotA
l Signature
I DI� Z
Date
Property Owners Within 500 Feet of Parcel # 096122300010
Account
Parcel
Owner
Mailing Address
R5233208
096127200014
MCMURREN KIMBERLY KAY TRUST
21259 COUNTY ROAD 54
GREELEY, CO 806319770
Parcels: 13
Owner Records: 19 Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
10/11/2022
10:00:54 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 # 096122300010
Parcels: 13
Owner Records: 19
Vbirt iaicard
10f
Signature
Date
Page 4 of 4
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
L a6d'i6 PLANNER ASSIGNED:
PLAT INFORMATION Left -S
Title of plat to be vacated: RECORDED EXEMPTION No. 0961-22-3 RE4721
s 22 T5N R65W
Complete Vacation (must include all lots) E Partial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:.
Lot Parcel Number
Acreage Affected Easements
B
096122300010
67.73
Reception No.'s 3516840 & 3529102
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Stanley and Mary Odenbaugh
Company: n/a
Phone #:72p—O2_c Email: 1
Street Address: 21255 County Road 54
City/State/Zip Code: Greeley, Colorado 80631
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: Gary Odenbaugh
Company:
Phone #: -97n-3o2 A367 Email: g
Street Address: .21255 County Road. .54
City/State/Zip Code:
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or
subdivision exemption.
gnature: Owner or Authorized Agent
Stanley E. Odenbaugh
1L 2012_ i 16 r�!?cjv
D Signature: wner or Authorized gent
Mary E. Odenbaugh
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
4-Z -.2 0„ilL,
Date
7/20/2021
eRecorded in Weld County, CO Doc Id: 3539036
03/03/2008 04:42 P Receipt#: 7346629
Page: 1 of 2 Total Fee: $73.50
Steve Moreno, Clerk and Recorder
WARRANTY DEED
THIS DEED, Made this 28th day of February, 2008 between
Kimberly Kay McMurren and Kimberly Kay McMurren Trust, as their interests may appear
of the County of Weld and State of COLORADO, grantor, and
Stanley E. Odenbaugh and Mary E. Odenbaugh
whose legal address is 21255 County Road 54, Greeley, CO 80631,
V�
of the County of Weld, State of Colorado, grantees:
WITNESS, That the grantor, for and in consideration of the sum of Six Hundred Twenty -Five Thousand
Dollars and NO/100's, (5625,000.00),
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and
by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns
forever, not in tenancy in common but in Joint tenancy, all the real property together with improvements, if
any, situate, lying and being in the County of Weld, and State of COLORADO, described as follows:
See Exhibit A attached hereto and made a part hereof.
also mown by street and number as 21255 County Road 54, Greeley, CO 80631
TOGETHER with all and singular the hereditament and appurtenances thereunto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits
thereof, and all the estate, right, tide, interest, claim and demand whatsoever of the grantor, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,
unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal
representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that
at the time of the ensealing and delivery of these presents, he is wed seized of the premises above conveyed,
has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except all taxes and
assessments for the current year, a lien but not yet due or payable, and those specific Exceptions described by
reference to recorded documents as reflected into the Title Documents accepted by Buyer in accordance with
section 8a "Title Review", of the contract dated January 31, 2008, between the parties. TOGETHER WITH
ALL MINERAL AND MINERAL RIGHTS INCLUDING BUT NOT LIMITED TO SAND AND
GRAVEL; AND RESERVING UNTO GRANTOR ALL OIL AND GAS RIGHTS
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the
quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or
persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the, use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
SELLER:
Kimberly Kay McMurren and Kimberly Kay
STATE OF COLORADO
COUNTY OF Weld
CARRIE WALKER
NOTARY PUBLIC
STATE OF COLORADO
My Commit= Expaes July 15.2009
}ss:
The foregoing instrument was acknowledged before me this 280' • • y of February, 2Q08 by Kimberly Kay
MoMurren and Kimberly Kay McMurren Trust, as their in y y appea. V r
Notary
Witness my hand and official seal.
My Commission expires: 7/15/09
War
Warranty Deed to Joint Tenants
Security Title
File No. S0259196
eRecorded in Weld County, CO Doc Id: 3539036
03/03/2008 04:42 P Receipt#: 7346629
Page: 2 of 2 - . Total Fee: $73.50
Steve Moreno, Clerk and Recorder
Exhibit A
Lot B,
Recorded Exemption No. 0961-22-3 RE -4721,
Recorded January 15, 2008 at Reception No. 3529102,
Being a part of the East Half of the Southwest Quarter of Section 22, Township 5 North, Range 65 West and a part of the
Northeast Quarter of the Northwest Quarter of Section 27, Township 5 North, Range 65 West of the 6i° P.M.,
County of Weld, State of Colorado.
la;;EI
lit
COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Kay
McMurren
RE
-4721
Planner:
Roger Caruso
Kimberly
Legal
Description:
4
Part
CO.
of
the
E2SW4 of
Section
22,
R65W of
the 6th
P.M.,
Weld
County,
T5N,
Parcel
ID
#:
0961
22 000024
Lot
A Size:
8.56 +1- acres
Lot
B Size:
67.73 +1- acres
Water
Source:
Lot
A:
Proposed
Central
Sewer System:
Lot
A:
Proposed
Septic
Weld
County
Water
District
Lot
B:
Existing
Septic
Lot
B: Central
Weld
County
Permit
Number
G -
Water
District
Tap
# 1313
900199
Yes
X
X
X
X
X
X
Criteria Checklist
1 Conforms with Chapter 22 of the Weld County
Code and any adopted municipal plan.
2. Compatible with the existing surrounding land uses.
3. Consistent with the intent of the zone district.
4 Consistent with efficient and orderly development.
5. Complies with Recorded Exemption standards in
Section 24-8-40 of the Weld County Code.
6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Topographic or physical features of the proposed Lot A, 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. All septic systems must be located on their respective lots and meet all lot line set back
requirements.
4. The West Greeley Soil Conservation District has provided information regarding the soils on the
site. The applicant shall review the information and use it to positively manage on site soils.
5. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption No. 0961-22-3 RE -4721.
B. Lots A of RE -4721 and SE -1121 shall be granted one shared residential access point from
County Road 54 as no additional accesses shall be granted. The applicant shall submit
written evidence of approval to cross the Lower Latham Ditch Company.
C. A 30 foot wide joint access and utility easement extending across Lots A of RE -4721 and
SE -1121 from County Road 54, for the benefit of Lots A of RE -4721 and SE -1121
exclusively, 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.
D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the
Weld County Department of Public Works to determine if a culvert is necessary at any
approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal
Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger
culvert please contact the Weld County Department of Public Works to adequately size the
culvert.
E. County Road 54 is designated on the Weld County Road Classification Plan as a paved
collector road, which requires 80 feet of right-of-way at full build out. There is presently 60
feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County
Road 54 right-of-way. All setbacks shall be measured from the edge of future right-of-way.
The applicant shall verify the existing right-of-way and the documents creating the right-of-
way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by
Weld County.
F. The applicant shall address the requirements (concerns) of the Lower Latham Ditch
Company, as stated in the referral response dated October 22, 2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
G. The applicant shall address the requirements (concerns) of the LaSalle Fire Protection
District, as stated in the referral response dated October 15, 2007. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
H. SE -1121 and RE -4721 shall be recorded concurrently with the Weld County Clerk and
Recorder.
I. The applicant shall delineate all existing oil and gas facilities per Weld County Code Section
23-3-50.E.
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.
K. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code,
shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot
radius of any wellhead. Any construction within a 200 -foot radius of any tank battery
or 150 -foot radius of any wellhead shall require a variance from the terms of the
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 of the Weld County Code.
4) 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.
5) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A has an adequate water supply of
sufficient quality, quantity and dependability.
6) Prior to the release of building permit, the applicant shall submit evidence of approval
from the LaSalle Fire Protection District to the Weld County Building Department.
7) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/andowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
8) 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.
9) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
10) Effective August 1, 2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
11) Prior to the release of building permits on Lot A, the Lot owner shall verify with the
nearest Town/City or Sanitation District to determine the location of the nearest
sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists
within four hundred (400) feet of the property line and the sewer provider is willing to
serve the proposed structure, a septic permit cannot be granted by the Weld County
Department of Public Health and Environment. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services.
12) The property owner acknowledges that mineral owners and lessees have real
property interests that entitle them to surface use in accordance with Colorado State
Statutes and applicable Colorado Oil and Gas Conservation Commission regulations.
13) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, ranking fifth in total market value of
agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural
area must recognize and accept there are drawbacks, including conflicts with
longstanding agricultural practices and a lower level of services than in town. Along
with the drawbacks come the incentives which attract urban dwellers to relocate to
rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and
the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest, and gravel roads; odor from animal confinement, silage,
and manure; smoke from ditch burning; flies and mosquitoes; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches
and reservoirs cannot simply be moved out of the way of residential development
without threatening the efficient delivery of irrigation to fields which is essential to
farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated
with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twig the State of
Delaware) with more than 3,700 miles of state and County roads outside of
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on
patrols of the county and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to
respond to emergencies. County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for
several days after a major snowstorm. Snow removal for roads within subdivisions
are of the lowest priority for public works or may be the private responsibility of the
homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs, and livestock present real threats to children.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood. Parents are responsible for their children.
6. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies the applicant shall
submit a Mylar plat along with all other documentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services' Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within sixty (60) days from the date the Administrative Review was signed. The applicant
shall be responsible for paying the recording fee.
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maoseco.weld.co.us.
9. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to
the Weld County Board of County Commissioners with a staff recommendation for denial.
By Date November 5, 2007
Roger Caruso 4. Planner
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