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Home My WebLink About20221726.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -3457, FOR REMOVAL OF LOT B - MICHAEL AND JANINE FREEMAN 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 22, 2002, the Department of Planning Services approved Two -Lot Recorded Exemption, RE -3457, and WHEREAS, the Board has received a request from the current property owners, Michael and Janine Freeman, 13377 County Road 84, Ault, Colorado 80610, to vacate Lot B of Recorded Exemption, RE -3457, located on the following described real estate, to wit: Lot B of Recorded Exemption, RE -3457; being part of the W1/2 NE1/4 of Section 8, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Michael and Janine Freeman, for Partial Vacation of Two -Lot Recorded Exemption, RE -3457, 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. 4842523 Pages: 1 of 2 07/18/2022 11:09 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III RYFORkilikg illithira PIiEN CC : PLOT/Kw/K.), APPL. If/s/2•2 2022-1726 RE -3457 PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -3457, FOR REMOVAL OF LOT B — MICHAEL AND JANINE FREEMAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifm) w 4k; Lto�oi Weld County Clerk to the Board BY: • tti/A Deputy Clerk to the Boar APP -ROVED County • ttorney Date of signature: 6C-31762. 4842523 Pages: 2 of 2 07/18/2022 11:09 AM R Fee:$0.00 Carly Kopp.!, C1.rk and R.00-d.r, Weld County , CO �III1�11�'.iiutiL�l�h'Ifh��h�P��'�RM��lhwt� Y4HI� 11111 ott K. James, Chair RECUSED Mike Fr man„Pro-Tem L. Bu Lori Saine 2022-1726 RE -3457 Location: DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: From: Subject: Partial Vacation of RE -3457 Hearing Date: June 20, 2022 Owners: Michael K. Freeman & Janine L. Freeman Weld County Board of County Commissioners Michael Hall, Planner Legal Description: Lot B of Recorded Exemption RE -3457; being a part of the W2NE4 of Section 8, T7N, R66W of the 6th P.M., Weld County, CO South of and adjacent to County Road 84; approximately 0.33 miles west of County Road 29 Parcel Number: 070708100042 Total Parcel Size: +1- 62.5 acres Summary: Zone District: A (Agricultural) The property owners request to vacate Lot B, being the largest lot of Two -Lot Recorded Exemption RE - 3457, recorded January 27, 2003, reception # 3027044. This Recorded Exemption divided a parcel into an approximately 3.5 -acre Lot A and a 62.5 -acre Lot B. This partial vacation of Lot B would result in an approximately 62.5 -acre unplatted parcel. The building envelope that is shown and labeled on Lot B will also be vacated as a result of this request. Lot A of RE -3457 is not affected by this action. No easements were dedicated on the RE -3457 plat and the access to such lots are not affected. 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. 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. Partial Vacation of RE -3457 Page 1 of 2 VIZ0 -R6_3461 2022-1726 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 coflditions. 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. Exhibits: A: RE -3457 plat B: Deed C: Vacation Application D: Vacation Request Letter E: Draft Vacation plat Partial Vacation of RE -3457 Page 2 of 2 Department of Planning Services This is a request for Partial Vacation of RE -3457. This is a two lot Recorded Exemption and this a request to vacate Lot B. Lot B is approximately 62 acres. Lot B has no existing improvements. There is a gas pipeline easement but will not affect the partial vacation request. Lot B is all irrigated farm ground and does not to be or is it required to be part of a Recorded Exemption. Thank you for your consideration. Mike and Janine Freeman �� ((111((1111 Ii11111 I1(1(((1 I((i1(1111111(1((1(11((11111 Y.•�v -9vra O 3027044 01/27/2003 01.nr Weld County. CO 1 of 1 R 11.03 0 0.0) Steve Moreno Clerk A Recorder NWCor. 5ec.8,T7N1 R6614 "..>`14" AL. Cap. LS 253!09 WCR84((odROW)$fC 4' 2547.81.- 2599.15' --4-148.1.25,52,'I 30' RECORDED EXEMPTION NO. 0707-08-I RE -3457 N Y4 Cor. 8-1-64 / 2'/z"AL. Cap Set f Rec. 8y LS 14134 On 12-b0- 1998 Location A9reec w/Mon. Record 8y L57242 On 3 -24 - 1984 gp-lfe- - N8'i°01'24"E 5113.83' kotA Gross a 3.85/03 Act ROW - O.3z� /lc Net' : 15.t53..)1 Ptc.t. North Line Sec .5 WCR 847* cF,ke to -9 CQ ui O tO 0 0 d) '4 Cor. Sec.. 8 '_s '4" AL. Cap Sep 4 P �Q. by L.S 22098 5-31-1998 201.1' Highway ROW Plan 2634,.49' Mews. v 0 0 0 0 CP z to 00 In in 00 9prinlcler Ca Pito) 8 0 0 - 384.08' 'J'.rnt)a}ion ^� 0: troll L. 04 A RE. 68.4 N N-secio54'1 \a 5810°52"5.4 W � 95.'50' 2.'')5.58' 5'74°47'04" W 112."5°5' -512°51P-41"W51.37' .1/4‘\-2139°0041"W80.31' 450.00'-- .‘"- A 502°58'3 -4"E - 1X2.111' Bidg t.nyel-Aope 2.5c �J <r 420't 4, N + > �9. 3' ≥ `b. 9 t Cr App o0 Y Vb. \ ll 4/1,10.90' — 11 I ASR to 0 r >z. I ;r 10 Lost Wheel , 6. Lot - Iroc\ Grove. r. /02.'191'7 Act N0 7-0.3088 Act et c 62.4829 Act / / / Sou4h Line Described in Book 1430 Page \A8 Rec. No. lbR 5(014 Nov. 1b,1942 N72°07'07't 100.00' N8b° 32.071E 199.00` S85°2Z.5b"E. 200.00' 980°01133"E 43`1.00' 1310.99' it/54°02'07"E 4/09.89' N$7°25'52°E 2621.98' C@n�ar 6ec.8 9e. No.6 xbO" Reber Y// 3A' AL. Cap. LS 7242 5 %q Cor. Caiculo.ied Peso,ion Only Did Rol 9et', SWCor. Sec.B,T1N,R/O/DW 3%4" AL. Cap LS 22097 Ref By 11448 On /O-2-2000 N88°29'33" `South Line Sec .8 Highway 14 5E Cor. W'/z NE 1/4 5ek No. 6%30' Reber w/ 3'/4, AL Cap LS 72.42 • 2!038.8' AicJhwo,y 2631.88' Men 'a In 00 O H nil ia it 0 0 S OD NE "Cor. Sec . 8,Y'1N, R/L4W� 3%4 AL . Cop Set t Rec. Ref. Sy 18 iY 4Z l(n154 Ref. Sy !.5 x"-42 On /0 -H-1999 — — —1302.x8 NE. Cor. W%z14E/a Sef No. lox 30"Rebac w/3Y4x AL. Cop LS 'iz42 ti a) tS") CT- t8 t\j :21 CC 6. w• - ~4-) 1310.49' Et/q Cor. Scc,8 2'/2"AI_ Co.p. Self Rcc. by L.5 14154 on 12-30-1998 RA.W. Plan 4 5214.07' Meas. 52'1(0.5' l4 Away R.0v/. Pion 5E Cor. Sec .8T'7N, RL6oW 5'/4" AL. Cap. f3L5 14154 in Mon. Box Rec. W-11-1919 fly LS "1242 :1LNOtc: .t0.HWY 14 VICiNTI MAP Sra1e : I'=2000' Scale, : r :20o' I , i D. Ind' 200' ZiOO' 400' A Monuments Pound t LS 72.4Z .OnICSS Otber W ISO flcc ribed 0 f'tameniS CR' : A.fo.4 f tIx wr w/CapSlS 2AZ Unless OrirCro%se i� scribed Access Points R = Resident -ail A = Agc;cul4urwl Sasie of Bearings: Aec=ume The North Line Sec. 8 4o bear N 87 °011,24"E M Monumnn'+ed P.eservO*(o.e. For 00' ROW (SO' eosin slot. Of. Seth -ion Lis -le) la From Calm}q eesotutiovh EAke4 De'. 14, 'Sbel Wider Rte. No. 34t..55.uocid Count9 r, cents. WELD COUNTY& SIGHT TO FARM Wald County Is arm of rho most proabouve ogacuiiurel counUos in the United Stalin, ranking fifth In total market vbluo of wrap -eat products sold. Tho rural areas of Wald County may be open and spadtus, • but they are Intonskoty usedior agriculture. Persons moving Into a rural area must recognize end accept there em drawbacks, In.:tutting conflicts w$h longstanding egrtaridsral pr'acgcas and a lower level of aorAces than in town. Along with the drantadce come the Incentives which attract urban dwellers to retoceto to rural area open views, opaclousness, w!ANo, lack of city woke and congostion, end 1ha rural atmosphoro and vray of nro. Without nol hbonng farms, those features which attract urban dw&fin d to Wald County wood quickly be gone forever. Agricultural utter* of thw land should not bo expected to diango!trek iong'satobilshed agnarlural practices to eocommodata the intrusions of urban users Into o rural area: Wei run agricultural actviios wk generate ofone impacts. Inducting ndyo from trodore end equipment; scow -moving form vehicles on rural roods, dust from animal pens, field diode, harvest. and gavel roads; odor from animal confinement, silage, and moors; smoke from diloh burning; Noe and mosquitoes; end the use of poatiddea and fsrttizon in the fields, Indudle0 rho Use Of cadet spraying. Ditches and reservoirs cannot simply bo moved out of Iho wny of residential development wf,hout Uuoatordng the efficient dolivory of IMgcUon to golds which Is I nsandet to farm podudlon. Seddon 35.3.5.102, C. R. S.. provides that an agricultural operation shell not be found to ho a public or privet* Seance if the agricultural operationalleged to bo a nuisance employs methods or practices that are convnogt/ ce reasonably associated with apdailkxat production. Weld County covers a land asaa of over 4,000 square miss in dm (twke the Stato,of Delaware) with limn than 3,700 miles of state end county roads outsido of munkipsitllos. The shoot magnttudo of the area to be served stokhes evadable resources. Low cnfocorqontlsbnsod on reiponses to complslntsmerothan on patrols of this county and the dtslancos which must bo traveled may delay a1 emergency responses, including taw entorcemtml, ambulance. and firm RhoprottxdonIsusually provided by votuntocrs who must leave their Jobs and families to respond to emergondos. County gravel roads, no matter how often they em bladed, wilt not provide the samo kind of surfeco axpoaed from a paved road. Snow femoral priorities mesa thatroads torn subdivblonsto Medals marvel be desired forsoverd days after o meta snowstorm. Snow removal for roads wkMn eubdlvlaloos am of the lowest priority for public works or may be ace private responst6lly ct the homeovnurs. SoMces in rural areas, in ninny cries, oil not be eqi }vaknt to na opal soMeee. Rural dwellers must, by necessity, be more ssiFsufltd°M than urban dwellers. Chddran are oxpocod to different hazards ch the county then In an urban or suburban setting Fermoqulpmontand olC 1doqulprnent,pondsandhsigationditches,daarket pots for ppuummps and terror scot operator's. high speed ha& sand burs, puncture vines, wawa' farm dogs, and livestock present real threats to diktats. Controlling children's activMos U Important, not only for their safety, but also for the protection ct . theformes nvolhood. Patents ate responsttla for theird3ttldten. County Nofes I), An proposed w %outing avuawos wen or do moat um mkumum sptbecx end odtol requvemonls for the nano district in which the properly Is totaled. Pursuant to the dafnMon of setback in the Weld County Code, the required setback is measured from the future. rgyrtoGwuyffi a. No buedhg orstwduro as donned and Jt'nhtad to those otcvpandoa listed as Groups A D, E. H, I, M end Rh Tablo 3-A of the 1937 Uniform Stifling Codo, chat loo conatcvatad within a 200 -foot raalus of any tank battery or within a 150 -foot radius of anywvetiheed. Any construction %Rhi i a 200400t radius of any tank battery or ISO -foot radius ct any wellhead shall regolro a variance from (ho terms of the Section 234.10 of the Wald County Cods. 2) Any fauna structures or uses on alto must obtain the opproprtoto zoning and building pormis. 3) All suucturoe requiring building permits shall ho located within Uno deatgnated building envelope. 4) Prior to the fount* of buUUng pormac, No apptdant shall submit u rcaxdod doed (tosoting the Lot upon which the bcdrdtng permit is reauosted with the buiding permit appfketbns, The legal description casuals deed &has Include the Lot desIgnaton and Roc crded Exemption number. Pdorto rho iotoaso of butdhg penile, the Applicant shall submit evidence to the Daparnrhont of ('Tanning Sosvkos that Lot A and Lot 8 have en adequate water supply of sufficient gtrdity, quantity and dependnbtty. 0) Prior to the release of but dklg permits for any nirucure exceeding 3,600 square feet, the apptl^.enl must oomptywtth the roqukomonts of Appendix 111a of the Uniform Flee Code. 7) Dodd n04001 weeds e,dat on Vie propocy or become ostabdshod as a rosu)t of the proposed development the eppUcen'klandowner shall bo responsible for controfhig the noxious weeds, pursuant to Chhoptor 16, Articles I and t ()Mho Weld County Code. 8) Potenid Purchasers ate hereby nwUflod that confined animal footling operations are located ditottly ad ioont to State Highway 14 want of Om intersedbn of Weld County Road 20. Off-eN.Impacts that may be encountered Inddido noise irons bucks, tractors and oqulprnon1, du at from animal ports and odors from animal confnomonl stago. and manure. 6) • 9) Potential Purchasers are hereby noullod that a waste disposal alto It located d rocty add the Intersedlon of Weld county Roods 2,5 and north of State Highway 14. Off - site Impacts may be encountered. 10) Pifer to the release of building permits, the Lot owner shall verily with the neared TowWCUyor miaow D'atdctto determine the location of the neorostsanitary sower line. In accordance with rho Wald County Coda, if a sewer line exists within tour hundred (400) foot of the property fine end the sewer provider is wiling to servo the proposedsbudruo,aaepdapetrel cannot be granted by the WeldCounyDepartment of Pubic Health and Emtronmont. Evidenco of such shall be submitted In writing to rho Weld Collet/ Doparlmont of P'ar ill Sorvkes. (drrt Ar rie nouns- OF OUR CLIENT, R4COROCO EAJeaenr1 AND R/O1175-Of-WAY NAPE NOT BEEN RE- SEAHCED BY US OR SHOWN Goa rats FLAT, THE £AS£M£NTS AAt) RIONTS•Of-WAY WHICH MAY BE SNOWN HEREON MAY wor BC CONPL CT£, ARE B4t£O ON OENtiRAL mNADauer/ON, AND ARE TONS oxen pry:y /N vas CONTEXT. NDT1r.e' ACCA4O/Na ro O0LORACO c.ar, YOU MUST commence ANY LCWL ACTION RASED IMON ANY Defier /N 7N/d sower WITNI/N rime( eimmalArren YDU enter OISCOYERCO SVCN oeercr. IN no EVENT NAY ANY ACT/ON BASSO WON ANY Dozer IN MS SURVEY SE COMMENCED NOR£ THAN TEN rein mom Me COTE Of THE CERTIFICATION Shown, HEREON. DATE: Jan. lb, 2003 OWtER: MARY K. RA IAHONTE C/'0 MIKE FREEMAN 13377 WELD COUNTY ROAD 84 AULT, CO. 80610 LEGAL DESCRIPTION LOT 8 OF RE 0707 -8 -I -RE 684 AS RECORDED MAY 2p, 1984 UNDER RECEPTION NO. 01968189, WELD cower RECOI VS Ate LOCATED !N THE WEST HUE OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6th P.N., WELD COUNTY, COLORADO OWNER'S CERTIFICATE I, THE UNDERSIGNED, BERG THE SOLE OWNER IN FEE OF THE ABOVE DESCRIBED PROPERTY Co HEREBY SUBDIVIDE THE SANE AS SHOWN Ott THE ATTACHED MAP. I UNDERSTAND THIS PROPERTY IS LOCATED IN THE "A" AGRICULTURAL ZONE DISTRICT AID IS ALSO INTENDED TO PROVIDE AREAS FOR THE CONDUCT OF OTHER USES 81 RIGHT, ACCESSORY USES, AND USES BY SPECIAL REVIEW, AND CO HEREBY DEDICATE, FOR THE BENEFIT OF TIE PROPERTY SHOWN OH DESCRIBED HEREON, EASEMENTS FOR THE PURPOSES SHOWN OR DESCRIBED HEREON. STATE OF COLORADO COUNTY OF WELD )ss THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS //4 DAY OF,1n,cnsete,.-H/ , 2003. WITNESS MY HAND AND SEAL. MY COMMISSION EXPIRES: ;)s/2/ /0 %4j n / r ' / WIMPY PUBLIC i2�/- e?/r3 „is,- f//t-er.�i�. j0 • SURVEYOR'S CERTIFICATE t, ROBERT A. SHORT, A REGISTERED NAND SURVEYOR IN THE STATE OF COLORADO Do HEREBY CERTIFY THAT THJS RECORDED EXEMPTION PLAT WAS PREPARED UNDER HY PERSONAL SUPERVISION, AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. 1 FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT CCWLIES WITH ALL APPLICABLE RULES, REGULATIONS, AhO LAWS OF THE STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR LAND SURVEYORS, AND WELD COUNTY. t , ROBERT A. SHORT, REGISTERED LAND SURVEYOR, COLORADO REG. NO. 7247 GATE: /- /5-4903 MONTY APPROVAL nus PLAT IS ACCEPTED AND APPROVED FOR FILING. • 0 NOTARIAL CERTIFICATE THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS i DAY OF Q j , 2003. WITNESS MY HAND AND SEAL. NY CCw4ISSION EXe A PUI McRAE a SHORT /NC. SONIC/POLITY 1 ORW: AZ )CXr G6M Weld 11 f/ 9TH. AVE CRITIC,: cow emu/ Dal£:. \ . i l0 OO31M d S App./ NO.:0216C WYit rvE/4 kin 66,14 Nt,8 r. VICINITY MAP St T7N. R66W 6TH P.M. WCR 84 r i •, 1 INCH - 2000 FEET VACATION OF LOT B, RECORDED EXEMPTION NO. 0707-08-1 RE -3457 EASEMENTS AND RIGHTS -OF -WAY NOTES: (PROVIDED BY HERITAGE TITLE COMMITMENT H0674000 820•GRO•LVV. DATED MAY IC. 2022) 1. AN OIL AND GAS LEASE WAS GRANTED TO WI.BANKS 8. ASSOCIATES AND WAS RECORDED JANUARY 16. 1990 AT RECEPTION NO. 2202765. SAID LEASE GRANTS FOR THE PURPOSE OF MINING. EXPLORING BY GEOPHYSICAL AND OTHER METHODS. AND OPERATING FOR AND PRODUCING THEREFROM OIL AND GAS OF WHATSOEVER NATURE OR KIND. WITH RIGHTS OF WAY AND EASEMENTS FOR LAYING PIPE LINES MD ERECTION OF STRUCTURES THEREON TO PRODUCE. SAVE AID TAKE CARE OF SAID PRODUCTS. SAID LEASE ENCUMBERS ALL OF THE SUBJECT PARCEL AND IS BLANKET IN NATURE • NOT PLOTTED. THOMAS LAND SURVEYING. LLC DOES NOT WARRANT THAT LEASE IS STILL IN EFFECT OR THAT SAID LEASE HAS NOT BEEN TRANSFERRED. OR ASSIGNED. TO ANOTHER OPERATOR. SURVEYOR'S NOTES: 1. THIS SURVEY WAS PREPARED WITH THE BENEFIT OF HERITAGE TITLE COMMITMENT r10674000-023•GRO• VV, DATED MAY 10. 2022. AND DOES NOT CONSTITUTE A TITLE SEARCH BY THOMAS LAND SURVEYING LLC. TO DETERMINE EASEMENTS OR TITLE OF RECORD. AT THE REQUEST OF THE CLIENT. THOMAS LAND SURVEYING, LLC RELIED ON SAID COMMITMENT. EXCLUSIVELY. FOR ALL EASEMENTS AND RIGHTS.OF•WAY OF RECORD. THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE. BUILDING SETBACK LINES; RESTRICTIVE COVENANTS: SUBDIVISION RESTRICTIONS. ZONING OR OTHER LAND -USE REGULATIONS: AND ANY OTHER FACTS THAT A CURRENT. AND ACCURATE TITLE COMMITMENT MAY DISCLOSE. 2. ACCORDING TO COLORADO LAW. YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON MY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CER VCATIONSHOWN HEREON. 3. THIS SURVEY IS VALID ONLY IF PRINT HAS ORIGINAL SEAL AND SIGNATURE OF SURVEYOR. 4. ANY PERSON WHO KNOWINGLY REMOVES. ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT AMOR BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE C.R.S. SEC 18-1.508. WHOEVER WILLFULLY DESTROYS. DEFACES. CHANGES. OR REMOVES TO ANOTHER PLACE ANY SECTION CORNER. QUARTER CORNER. OR MEANDER POST ON ANY GOVERNMENT LINE OF SURVEY. OR WILLFULLY CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE LINE OF A BENCH MARK OF AIY GOVERNMENT SURVEY. SHALL BE FINED UNDER THIS TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS. OR BOTH. 18 U.S.C. 1858 (2009). 5. THE DISTANCE MEASUREMENTS ShOWN HEREON ARE U.S. SURVEY FOOT. PREPARED BY: THOMAS LAND SURVEYING. LLC 2619 WEST 11T1-1 STREET ROAD. SUITE 24 GREELEY. COLORADO 60034 TELEPHONE: (970) 3040984 PART OF THE WEST HALF OF THE NORTHEAST QUARTER, SECTION 8, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO SURVEYOR'S CERTIFICATE: I. ROBERT D. THOMAS. A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO. DO HEREBY CERTIFY THAT THIS VACATION PLAT OF LOT B. RECORDED EXEMPTION NO. 0707.38.1 RE -3457 WAS PREPARED BY ME. OR UNDER MY PERSONAL SUPERVISION. AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF, BASED UPON MY KNOWLEDGE INFORMATION AND SE.JEF, I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT COMPLY WITH ALL APPLICABLE RULES, REGULATIONS AND LAWS OF THE STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS. AND WELD COUNTY, AND IS NOT A GUARANTEE OR WARRANTY. EITHER EXPRESS OR IMPLIED. ROBERT O. THOMAS COLORADO PROFESSIONAL LAND SURVEYOR 438353 FOR AND ON BEHALF OF THOMAS LAND SURVEYING. LLC DATE PROPERTY OWNER'S CERTIFICATE I (WE). THE UNDERSIGNED, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPERTY DO HEREBY VACATE THE LAND DIVISION PLAT OF RECORD NOW RECOGNIZED AS AN UNPLATTED TRACT OF LAND. MICHAEL K. I-REEIJAN STATE OF COLORADO) ) SS. COUNTY OF WELD ) THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . A.D. 2022. BY MY COMMISSION EXPIRES. NOTARY PUBLIC WITNESS MY HAND AND SEAL' JANINE L. FREEMAN STATE OF COLORADO) SS. COUNTY OE WELD ) THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS OF . A.0. 2022, BY MY COMMISSION EXPIRES: NOTARY PUBLIC WITNESS MY HAD AND SEAL. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: THS VACATION PLAT IS APPROVED BY THE WARD OF COUNTY COMMISSIONERS OF WELD COUNTY. STATE OF COLORADO. WITNESS MY HAND AND THE CORPORATE SEA: OF WELD COUNTY THIS _ DAY OF .2021. CHAIR. BOARD OF COUNTY COMMISSIONERS ATTEST. WELD COUNTY CLERK TO THE BOARD BY DEPUTY CLERK 1O THE WARD DATE DAY LEGAL DESCRIPTION - PROVIDED (PROVIDED BY HERITAGE TITLE COMMITMENT FILE NO. H3674000-820 GRO•LVV. DATED MAY 10. 2322) LOT B OF RECORDED EXEMPTION NO. 0707-08-1 RE•3457, ACCORDING TO THE MAP RECORDED JANUARY 27.2003 AT RECEPTION NO.3027044. LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 8. TOWNSHIP 7 NORTH. RANGE 66 WEST OF THE 6TH P.M.. COUNTY OF WELD. STATE OF COLORADO. THE PARCELS OF LAND DESCRIBED ABOVE CONTAINS 65.79 ACRES. MORE OR LESS. AND IS SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. LEGAL DESCRIPTION - RESULTANT A PARCEL OF LAND BEING A PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 8 TOWNSHIP 7 NORTH. RANGE 66 WEST OF THE 6TH P.M.. COUNTY OF WELD. STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE WEST HALF OF THE NORTHEAST OUARTEROF SAID SECTION 9. AND CONSIDERING THE NORTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECITON 8 TO BEAR NORTH 87'0176' EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO' THENCE NORTH 87'0176' EAST ALONG THE NORTH LINE OF THE WEST HALE OF THE NORTHEAST QUARTER OF SAID SECTION 8. A DISTANCE OF 386.08 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH 87'0I'26' EAST ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8. A DISTANCE OF 450.00 FEET; THENCE SOUTH 02'58'34' EAST A DISTANCE OF 122.79 FEET. THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 309749', A RADIUS OF 1400.00 FEET. AN ARC LENGTH OF 74029 FEET. A CHORD OF 73120 FEET BEARING SOUTH 4095'12- EAST TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST OUARTER OF SAID SECTION 8. THENCE SOUTH 31'0755' EAST ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8. A DISTANCE OF 1591.35 FEET. THENCE SOUTH 54'0707' WEST A DISTANCE OF 469.89 FEET THENCE SOUTH 770707' WEST A DISTANCE OF 100.03 FEET: THENCE SOUTH 86'3707' WEST A DISTANCE OF 199.03 FEET: THENCE NORTH 85.22'53' WEST A DISTANCE OF 200.00 FEET: THENCE NORTH 80'11'33' WEST A DISTANCE OF 438.80 FEET 1O A POINT ON THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8. THENCE NORTH 00'52'19' WEST ALONG THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8. A DISTANCE OF 1.60'.02 FEET: THENCE NORTH 66.5036' EAST A DISTANCE OF 235.47 FEET; THENCE NORTH 74'49'11' EAST A DISTANCE OF 112.60 FEET; THENCE NORTH 611056' EAST A DISTANCE OF 95.58 FEET. THENCE NORTH 38'51'10' EAST A DISTANCE OF 80.27 FEET: THENCE NORTH 12.43'43• EAST A DISTANCE OF 31.30 FEET. THENCE NORTH 0912'14' WEST A DISTANCE OF 703.92 FEET TO THE POINT OF BEGINNING. THE PARCEL OF LAND DESCRBED ABOVE CONTAINS 62.79 ACRES. MORE OR LESS. AND IS SUBJECT OT EASEMENTS AND RIGHTS -OF - WAY OF RECORD. PREPARED MAY 20.2022 PAGE 1 OF 2 PROJECT: 2205.011 DRAWING: FREEMAN LOT B RE -3457 VACATION 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: June 20, 2022 TIME: 9:00 a.m. APPLICANT: Michael and Janine Freeman 13377 County Road 84 Ault, Colorado 80610 REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RE -3457, for Removal of Lot B LEGAL DESCRIPTION: Lot B of Recorded Exemption, RE -3457; being part of the W1/2 NE1/4 of Section 8, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 84; approximately 0.33 mile west of County Road 29 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 8, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RE -3457 Owner Address JANINE STEWART 4102 DIVIDE DRIVE MICHAEL AND JANINE FREEMAN 13377 COUNTY ROAD 84 City LOVELAND AU LT State Zip CO 80538-6138 CO 80610-9705 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 -3457, in the United States Mail, postage prepaid First Class Mail as listed above. U, r Ell isn rR 0 N PS Form 3800, April 2015 PSN 7530-02-000-9047 Dated the 8th day of June, 2022. latatni sk cuto; cfc, Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees IL c1'cIt Postmark Here _ __Fireanca _ ______ D5 See Reverse for Instructions Q 1 SENDER: COMPLETE THIS SECTION a) U) ala a) d 0 a � O O -a M N U sa n cri N 'D j fra. CZ O CO CD E E a; C U O O a C C� O 'L. O Q. u) ■ ■ o U 115 0 o`�Z-4<4.b OD a 0 O E'i7 O (1) 4 'O O ij cd a) u) -- > 2 O D CU a) C oi- .D W cot U) 2 LE" .Fa -0 so 0 -, U) a) CC I- c c 0 0 -- EEC C c 00 •c. a) a) 5 ,a) c 4a5 a) 0 0.tr�OtnCnCi ❑ ❑ ❑ ❑ a) O a) U cc o m m o U) •� CO a) �Q�OOO d ❑❑DNc ❑❑c a) > -0 TO ID o .0 'v t tip 000 =7715715 MOOr—� a o oco m a roc N L11 r t Domestic Return Receipt PS nJ r -R N 0" 0 O 0 O r-9 U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. 0 re F Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adutt Signature Required $ Adult Signature Restricted Delivery $ $ Postage Total Postage and Fees Sent To, �. c Street �A�At• �.� �O B PS Form 3800, April 2015 PSN 7530-02-000-9047 ti Postmark Here SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the 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: ar''ite glut Dill) (ha re. Lwc1avA CO Leg3S IIIIIIIIIIIII�IIII IIIIIIIII IIINNIIIIIII IIII 9590 9402 6749 1074 1348 39 77E - 3457 LI 26 COMPLETE THIS SECTION ON DELIVERY A. S X B. R ❑ Agent ❑ Addressee el' anted ame) J C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No 2_ Article Ni imher (Transfer frnm Iahpl) 7017 1450 0000 9675 1562 I PS Form 3811, July 2020 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ dult Signature Restricted Delivery Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Vlail Mail Restricted Delivery )0) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/1/2022 4:24:43 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. O Signature Date Property Owners Within 500 Feet of Parcel # 070708100042 Account Parcel Owner Mailing Address R0760386 070705000019 THORNTON CITY OF 9500 THORNTON, CIVIC CENTER CO 802294326 DR R0515801 070705000038 FREEMAN JANINE L R0515801 070705000038 FREEMAN JANINE L TRUST R0515801 070705000038 FREEMAN MICHAEL K TRUST R0515801 070705000038 FREEMAN MICHAEL K 13377 AULT, COUNTY CO 806109705 ROAD 84 R0763786 070708000037 SHAWVER R ALETHA JANE R0763786 070708000037 SHAVWER EARL LEE JR 13500 AULT, COUNTY CO 806109706 ROAD 84 R6766186 070708000040 THORNTON CITY OF 9500 CIVIC CENTER CO 802294326 DR THORNTON, R2173803 070708100041 " STEWART JANINE ELIZABETH 4102 LOVELAND, DIVIDE CO DR 805386138 Parcels: 7 Owner Records: 12 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/1/2022 4:24:43 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature c Date Property Owners Within 500 Feet of Parcel # 070708100042 Account Parcel Owner Mailing Address R2173903 070708100042 124- 5 FREEMAN JANINE N E L R2173903 070708100042 PiY ,- FREEMAN MICHAEL K 13377 AU COUNTY CO 806109705 ROAD 84 LT, R8949299 070708200017 NWC DEVELOPMENT LLC 8222 DALLAS, DOUGLAS AVE TX 752255940 STE 900 Parcels: 7 Owner Records: 12 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/1/2022 4:24:43 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Parcels: 7 Feet of Parcel # 070708100042 Owner Records: 12 rv1 Signature Date Page 3 of 3 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be vacated: LOT B OF RE -3457 S 8 T7 R 66 Complete Vacation (must include all lots) f ✓ , Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number Acreacie Affected Easements B 070708100042 62 NONE I PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: MICHAEL K. AND JANINE L. FREEMAN Company: Phone #: 970-371-5758 Email: mfreeman@j9crop.com Street Address: 13377 CR 84 City/State/Zip Code: AULT, CO 80610 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent) Name: Company: Phone #: Email: Street Address: City/State/Zip Code: I (We) hereby depose and state under penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I 0/Ve) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or subdivision exemption. Signature: Owner or Authorized Agent MICHAEL K. FREEMAN Print: Owner or Authorized Agent 7/20/2021 Li -2v - 2 2 Date S Oka_ Ita) ture: Owner or Authorized Agent JANINE L. FREEMAN Print: Owner or Authorized Agent /yy`� qtr 4106010 05/11/2015 08:36 AM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $15.00 Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRANTY DEED THIS DEED, made this 1st day of May, 2015, between Mary Kay Baiamonte, of the County of Weld, State of Colorado, Grantor, and Michael K. Freeman and Janine L. Freeman, as Joint Tenants, whose legal address is 13377 CR 84, Ault, CO 80610, Grantee; WITNESSETH, That Grantor, for and in consideration of the sum of One Hundred Fifty Thousand & 00/100 Dollars ($150,000.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto Grantee, and Grantee's heirs, successors, and assigns forever, all the real property, together with all improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: Lot B of Recorded Exemption No. 0707-08-1 RE -3457, according to the map recorded January 27, 2003 at Reception No. 3027044, located in the West Half of the Northeast Quarter of Section 8, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: Vacant Land; TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim, and demand whatsoever of Grantor, either in law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances, but RESERVING unto Seller all oil, gas, and other minerals in, on or under the Property; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, and Grantee's heirs, successors, and assigns forever. Grantor, for Grantor and Grantor's heirs, successors, and assigns, does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee's heirs, successors, and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor, except taxes and assessments for the current year, and easements, restrictions and rights -of -way of record. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF WELD ) ) ss. eti.,„:„Je-1Kg Mary a Baiamonte, by Michael 14..E - Freeman as Attorney -in -Fact The foregoing instrument was acknowledged before me this 1st day of May, 2015, by Michael K. Freeman, as Attorney -in -Fact for Mary Kay Baiamonte. Witness my hand and official seal. My commission expires: r Melinda Gualandri Notary Public State of Colorado My Commission Expires: October 17, 2018 LIC;# 19944016549 Notary Public f . t•?�aDf.,n` }� COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: p p Mary Baiamonte jRE-3457 Planner: SL t i Legal Description: Lot County, B RE -684• CO being part NE4 Section Tof 7N, R66W the 6th P.M. Weld Parcel ID #: 0707 08 000038 Lot C Size: n/a jLot B Size: 53 +1- acres Lot A Size: 7 +1- acres Water Source: Weld County County Water District Sewer System: „.„North . { s ___ _Septic . ,,.. . _._ ,...«:..>,,..,�y...�..�ww�rwM..y..•ve.:vui,:lV. e't^:.-?Yh'R f �TT^.W.�'. ... = �''1 �Mewe.r!f.. .. — '.y"'y.•`p"'^' .i"�. _ Yes No 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 24-8-80 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.B.1 through 24-8-402.6 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. Prior to recording the plat: R. The Weld County Department of Planning Services approves the applicant's proposed building envelope located south of and adjacent to Weld County Road 84. The building envelope shall be delineated on the plat. B. The plat shall be titled: Recorded Exemption No. 0707-08-1 RE -3457 C. In accordance with Chapter 8, Article II of the Weld County Code, Lot A and Lot B shall each be granted one residential/agricultural access. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. The road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present. 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. Weld County Road 84 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 84 shall be delineated right-of-way on the plat. This road is maintained by Weld County. F. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall submit written documentation that they have reviewed the information and will use it to positively manage on site soils. G. The applicant shall address the requirements of Weld County School District RE -9 as stated in the referral response dated August 29, 2000. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. 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. I. 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, H, I, M and R in Table 3-A of the 1997 Uniform 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 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) All structures requiring building permits shall be located within the designated building envelope. 4) Prior to the release of building permits, the applicant shalt 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 and Lot B have an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permits for any structure exceeding 3,600 square feet, the applicant must comply with the requirements of Appendix III -A of the Uniform Fire Code. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8) Potential Purchasers are hereby notified that confined animal feeding operations are located directly adjacent to State Highway 14 west of the intersection of Weld County Road 29. 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. 9) Potential Purchasers are hereby notified that a waste disposal site is located directly east of the intersection of Weld County Roads 25 and north of State Highway 14. Off - site impacts may be encountered. 10) Prior to the release of building permits, 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. 11) 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. Sheri Lockman + Planner II Weld County covers a land area of over 4,000 square miles in size (twice 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 arid 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 responstility 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. 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 24-8-70 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. 4. 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 mabs(a?co.weld.co,us. 5. 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. Date November 22, 2002 Hello