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Home My WebLink About20220647.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX16-0144 - KELLY BERNDT AND ANNA BERNDT, C/O PATRICIA DEPLAZES 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 October 20, 2016, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX16-0144, and WHEREAS, the Board has received a request from the current property owner, Kelly Berndt and Anna Berndt, 8585 Citation Drive, Wellington, Colorado 80649-3224, c/o Patricia Deplazes, 9120 N. Saint Vrain Drive, Lyons, Colorado 80540, to vacate Lot D of Recorded Exemption, RECX16-0144, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX16-0144; being a part of Section 17, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property resulting from the vacation will be left without access to a public road right-of-way. 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 Kelly Berndt and Anna Berndt, c/o Patricia Deplazes, for Partial Vacation of Four -Lot Recorded Exemption, RECX16-0144, for removal of Lot D, be, and hereby is, approved, subject to the following condition(s): 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. 4807949 Pages: 1 of 2 03/07/2022 11:07 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County , CO viii � I�+IG'Vi�'� i1 11111 cc :PL.(-P/AS) ApPIL.�APPL. ReP 2022-0647 RECX1 6-0144 3/ta/2 PARTIAL VACATION OF RECORDED EXEMPTION, RE -4524 - KELLY BERNDT AND ANNA BERNDT, C/O PATRICIA DEPLAZES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of February, A.D., 2022. BOARD OF COUNTY COMMISSIONERS ��,`�', WELD UNTY COLORADO ATTEST: GjQ�:�id1/ .JrLrtD• Scott K. James, Chair 4807949 Pages: 2 of 2 03/07/2022 11:07 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County , CO mill I romwillwIfaW�131km MIRA1 �Y�h II II 2022-0647 RECX16-0144 1861 !' DEPARTMENT OF PLANNING SERVICES _C0UNTY MEMORANDUM TO: Weld County Board of County Commissioners FROM: Angela Snyder, Planner II SUBJECT: Vacation of Lot D of Recorded Exemption 0453-17-02 RECX16-0144. HEARING DATE: February 23, 2022 APPLICANT: Kelly Berndt & Anna Eileen Berndt c/o Patricia Deplazes, 9120 N Saint Wain Dr, Lyons, CO 80540 LEGAL DESCRIPTION: Lot D of Recorded Exemption RECX16-0144, being a part of Section 17, T9N, R67W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Rd 15, south of and adjacent to County Rd 106, North of and adjacent to County Rd 104 PARCEL NUMBER: 045317200025 PARCEL SIZE: ± 123.25 acres ZONE DISTRICT: A (Agricultural) NARRATIVE: The Department of Planning Services received the attached letter on January 13, 2022, from Patricia Deplazes, authorized agent for Kelly Berndt, property owner, requesting a partial vacation of the plat of Recorded Exemption RECX16-0144, recorded April 26, 2017, reception #4297006 to remove Lot D. Recorded Exemption RECX16-0144 was the second recorded exemption on the property. Five smaller lots are associated with the original parent parcel: Lots A and B of RE -2211 and Lots A, B, and C of RECX16-0144. All property owners will be notified of the partial vacation request hearing. No easements were created on Lot D by the plat of RECX16-0144 or the previous recorded exemption pat, RE -2211, therefore no other interests are affected by the request. The resulting parcel will be larger than thirty-five (35) acres. A draft vacation plat is also attached. A metes and bounds description for the lot to be vacated has been included on the draft vacation plat. The Department of Planning Services staff has reviewed this request and recommends that this request be approved. 2022-0647 Page 1 of 1 oz�Z.3 -R&X1 to -o, Vacation Plat of Lot D, Recorded Exemption No 0453-17-02 RECX16-0144 Located in the West 1/2 of the West 1/2 of Section 17 Township 9 North Range 67 West of the 6th P M PROPERTY DESCRIPTION TO BE VACATED County of Weld State of Colorado OT RECORDED aLEYPIION NO 0153-1)-Ot REC%16-DIN ACCORDING 10 TANS PLAT flECOR0E0 MRIL ]6 ]01) AS R[C[PIION 67 9)006 BEING IA PMT OTT WEST 1 Z OF THE WEST 1 9 OE SECTION I) TOWNSHIP 9 NORTH RANGE 6] WEST OF THE 5144 VRINCBAL MERIDIN COANTY OF WCLD ATE OF COORMO Sheet 1 of 1 PROPERTY DESCRIPTION AFTER VACATION ALL THAT PART OF THE WEST 1/3 of THE W6T 1 NS OF SALMON 1) TOWNSNN B NORTH RANGE FINEST OF THE FTC PRINCIPAL MERIDIAN COUNTY OF WELD iE OF COLORADO ORE PATECUUALY DESCRIBED M FOLLOWS OYMENCINO/Al WE SOUTHWEST CORNER OF SAG SECRON 1] THENCE CIDICURWITH THE WEST LINE OF E WEST 1/2 Of REGORGED If]141PDON NO EC<01IOylN-jj pj 0TH OPA 11 WEST A DISTANCE S Of )1 B5 FEET TO TIC NORTHWEST WCORNER Of !DI A OF BEGINNING THENCE CONTWINNO COINCIDENT WITH SAD WEST 4HE NORRM CVJ]� 1 WEST EAA DISTANCESor 2S -t 6]0F[Ci THENCE F ONTINwNG COINCIDENT WITH SAD W6T UNE NORM OPJ)15 W[SI A DISTANCE Di 211081 FER TO THE SOUTHWEST CORNER Of LOT A OF RECORDED EXEMPTION NO OASJ-1)-02 RECXIB-0144 RECORDED MRIL 26 201] AS RECEPTION THENCE NO 179)005 THENCE COINCIO[M WITUT H THE SOH LINE OF -I A LOT 7*0240 LOT C Of C RCCORDED EYE 50 NORM 885110 FAST A OISIANCE Of 1315 OP FF.f TO THE EAST CORNER OF LOT C OF SAID RECORDED E%PI EMION COINCIDEW SI C E EAST LINE OF THE WEST 1 2 OF THESCOTHWEST 1/2 OF SAID SECTION 1] SOUTH W3624 FA51 A DISTANCE OF b2B 10 FEET TO THE OITTHCORNER OF B OF RECORDED E%EYPTION NO 015,_17-01 RC -2211 RECORDED OCTOBER 23 1995 AS RECfIPILON NO 2606406 R3 THENCE COINCIDENT WITH MM E NORLINE OF LOT *010 LOT A OF SAD RECORDED T WTTOTO (OPTIONNORTH BBC] 21 WEST A DISTANCE 1 qF 119952 FEET 10 144E NORiHA WE5i CORNER OF SVO LOT THENCE COINCIDENT WITH THE WEST LINE OF SOD LOT A SOUTH OPJ621 F/ST A DISTANCE Of )0002 FEET TD THE SOMINESI Coq AL LOT THENCC COINCIOLM WITH THE SOUTH UNE OF ME WEST 1/2 OF 144E WEST 1/2 OF SAID 5[CTON 1) NORTH RR 43RI WEST O5RANCE Of 102] FEET 10 THE RECEPTION NO CORNER OF LOT A OF RECORDED THE COT NO 04F SALE OS RE_IBM RECORS2 SEPTEMBER 8 2009 M RECEPTION NO 361)3)9 THENCE COINCIDENT WITH THE FAST ONE OF SALE LET A NORM 61952 EAST A DISTANCE OF 70 AT FEET TO THE NORTHEAST CORNER OF SAD LOT A THENCE SOUTH BT1901 WEST A DISTANCE OF ]616 FEET TO THE POINT OF BEONNING CONTAINING 12325 ACRES YORE OR LEM COUNTY OF WELD STATE OF COLORADO SURVEYORS NOTES 1/ VY�5 ASSUMED TO BEAR MORNTIH OWJ] SIINWESI. NONUNENTED X XEON 1WIMIAALL BEARINGS COAT NEOEHEREWEST OF THE 6Th THERETO 21 DISTANCES ON THIS VMACDN PUT ME EPR65ED IN 05 SURVEY FEET MO DECIHEUS THEREOF A US SURVEY FOOT IS DEFINED M TRACTS 1200/3937 METERS 01 000040010 10 COLORADO LAW YOU MUST COMMENCE NM ICON. ACTION BASED UPON NR DEFECT IN THIS SURVEY WI NN THREE YCF0AMJ6MENCIO MORE ETHAN TENE�ERVEARS SUCH THE GTE INOFDTHEEOT ERTIFICATOON RIOT S OOWNBHEEREEOUNFL NO EVEN SHALL TAO HESURVEY UABI BE EXCEED THE COLLAR AMGUNT FOR THIS SURVEY ST NAT PERSON WHO 30 9]ROOJ 00(00000 RSR 01 090TRINELY CAUSES TO LONER ARRE01110 CN SE TIONU]B-10'.30 SURVEYMONUMENT R AS RESTORATON OF ANY SUCH YONUSES DR WHO KNONINOLY REMOVES Oq KNOWIROLY CRONES TO REE� REMOVED ABt00HIS TREE RNO50011 050 THE LWO OIN WHHIICH SVO THEM OCRSOR ACCEESSORY 15 LOGSECTi C0 4DS 35 -54 -TOO TOA(SSt'2 YRON CH IS EYVEVOIF USOD PERSON TO SUCH REMOVAL SID PERSON HAS CAUSED A COLORADO PROFESSIONAL LAND SURVEYOR TO ESTABLISH AT LEAST TWO WITNESS CORNERS OH REFERENCE 147O65 FOR EACH SUCH MONUMENT OR ACCESSORY REMOVED MO HAS FILED OR CAUSED TO BE FILED A UONUVENI RECORD PURSUANT TO ARTICLE DO OF TILE OR 00.5 51 CERTIFCATRN DEFINED THE USE OF THE WORD CERIIFY OR TERTIPICNTION BAD REGISTERED PROFESSIDNRL LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING CONSTIUTCS AN EXPRESSION OF PROFESSIONAL OPINION REGROINO THOS[ FACTS OF FINDINGS WHICH ME SURUECT OF Th CERRfCATION POLO ODES NOT CONSTITUTE AWMANTY 0OR GUARANTEE EITHER C%PRESS OR IMPURE 6T EASEMENTS AND ROOTS OF WAY OF RECORD HAVE BEEN RESEARCHED BY AMERICAN WEST LAND OUR EY1NC COMPANY AND ME SHOWN HEREON NO TITLE COMMITMENT WAS PROVIDED BY THE CLIENT FOR TITS SURVEY WEST 1/16 CORNER SECTION )a FOUND J/4 DEBAR WITH J 1/1 KUYIMIY GOP LS 1932 III lOI(NOT A p1MR-TOOK II �I gall n LOT B REC%16-p144 § WI (NOT A PART PI PROPERTY OWNERS CERTIFICATE I THE UNDERSIGNED BEING THE SOLE PLANED IN FEE OF THE THE ARID DIVISION PLAT OF RECORD NOW RECOGNIZED AS A PATRICK APRIL DVPLAIES STATE OF COLORADO ` COUNTY OF WELD t ss THE TORECOINC CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS _ OHS OF __ W COMMISSION MISSION EXPIRES MY COO MY WAND AND SEAL �Y�/ NOTURf PUBLIC I �FO YN Y GPEDBNMER I 2N1�4a BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL THIS VACATION PLAT WAS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY STATE or COLORADO WITNESS W HAND AND THE CORPORATE 5701. OF WELD COUNTY THIS — DRY OF 20_ : LINE TABLE nl UHE oEMINO pISTANCE u nn 95 1.z Neaun )1 eD CHAIR BOARD OF COUNTY COMMISSIONERS `I V X58131) 10 ]) I U NOP1952T 7R 21 1.5 5581901 )615 ATTEST_ WELD COUNTY CLLRK TO THC BOARD BY OEPUIT CLERK TO THE BOARD O1TE to '� WEST 1316 CORNER ] l�5ET ARTOH JN/1 %JO REBM WRN 21/2 ALDMI UY fJP IS JBDL6 500]6 T 522502 -_-- -_- _ IA� 103 1D Im � A) • ILO NL1 ' L PARTS II NOT N I I II �I 60 II 12325 ACRES +\- 7 I Io y RE -WATT II�a I Io IIIIO*A I I IIO GRAPH,C SCALE , -BOO I _e�I7 I I II 0 200 400 fi00 8304 III COI(NOT A PNR)111 n rtcl'alal ]�i)i>, / FOUND J44ORNNER SWISH ] 1/2 SOPJB ]4T ]0002 III olmfN R®RPm OLUIIINUO CAP LS 12]11 lqT A RE_19 1 t— —211097--$�------------------------253303 — a _19801—_- ______ Tsv BT------------ 1 —LNN_NimICOlpt Sa x6oB m — — — — ——CouNfP RdA0 tt — — — — — — — — — — — — RAvI of DWI. --------------"° I FOUND J RCBM WON 2 1/2SURVEYORS CERTIFICATE 705141 AulYwuli Gw Ls 12n1 IS wC R N E A AEGSRREO PROFFSLONAL WUD SURVEYOR IN THE STATE T COLORADO 00 HEREBY CERMY TAROTLEGEND {NUS VAGTON PLAT WM PREPARED UNDER W PERSONAL SUPFAV510N AND THAT THIS PUT IS AN ACCURATE CORNER BECKON 1) SECTION CONTROL MONUMENT M NOTED HEREON REPRES[NTMON THEREOF FURTHER CERTIFY TINT ME SUMEY AND MIS PLAT COMPLIES WITH ALT. MPUCABLE RUIFSOUND 2 ONPIPE WITHRECUT00ANSURVEYORSTAWS OF THE STATE OF CODO LORASTATE BOMB OF REGISTRATION MR PROFESSONAL ENGINEERS ANDWELDEDHER ANNIITPRO55NA FESSIOL SURVEYORS AND WELD COUNTY ATTACHED 3 1/1 ALD UMINUM 1♦� SET 5/B N 24 DEBAR WON 2 ALUMINUM CM LS 32005 055001 CAP LS 36048 TO PIPE O - FOUND 1/2 *0600 WITH TALLOW PLASTIC CM LS 1032 JB046 %i�%P��i�/%7/ P.iA O FOUND 1/2 DEBAR WITHNO CAP MERLE R HCOS P LS 35016 1]/22/101 FOR AND ON a HALF OF N0 Land E urvVZ1 A COOLORRADO CORPORATIOREYINO CO l 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 • February 23, 2022 TIME: 9 00 a m APPLICANT: Kelly Berndt and Anna Berndt 8585 Citation Drive Wellington, Colorado 80549-3224 REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX16-0144, for Removal of Lot D LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX16-0144, being part of Section 17, Township 9 North, Range 66 West of the 6th P M , Weld County, State of Colorado LOCATION- East of and adjacent to County Road 15, south of and adjacent to County Road 106, north of and adjacent to County Road 104 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED. February 11, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX16-0144 Owner DOUGLAS AND SHELLEY DIEHL MATTHEW AND JACQUELINE HOUSE DANIELTHOMPSON ANNA AND KELLY BERNDT PATRICIA DEPLAZES JACOB AND TREVA BULLER ROBERT AND TERRI LANG Address City State Zip 4716 STONERIDGE WAY CASPER WY 82601-6925 7146 COUNTY ROAD 106 CARR CO 80612 7186 COUNTY ROAD 106 WELLINGTON CO 80549-1649 8585 CITATION DRIVE WELLINGTON CO 80549-3224 9120 N SAINT VRAIN DRIVE LYONS CO 80540 7125 COUNTY ROAD 104 WELLINGTON CO 80549-1768 7860 COUNTY ROAD 104 WELLINGTON CO 80549-1739 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RECX16-0144, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 11th day of February, 2022. tit • t,Oa&u CL Janet M. Warwick Deputy Clerk to the Board nj O O nj U") Er D C3 4S ..Lt )vN .,�..,t 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 $ OnJ Lfl IF as ❑ Return Receipt (hardcopy) $ D ❑ Return Receipt (electronic) $ Postmark a O ❑ Certified Mail Restricted Delivery $ Here O ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ O Postage U-) $ .j- Total Postage and Fees Sent To W) r -a • • - _ St a d A t. No or Box No. °'"1Sa`jrr4S Co 8'O644 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse 9, 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: wy RZLoO1 Lea�5 Sent rrR To-�� A -r ' ci Sird�ptgQ BOX NO. ---(� ,�%�-j�---- - -�- aty,l "Gl L) l g V 1 IIIIII IlU IIIIII I II UIII IIIIII I IIII 9590 9402 1207 5246 0953 28 2. Article Number (Transfer from service label) IIAdd ❑ Addresse e B. Received by (Printed Name) C.-) at�o�Deliry Gl/p� oa, D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MaiITM ❑ Adult Signature Restricted Delivery O Registered Mail RestrictE O Certified Mail@ Delivery ❑ Certified Mail Restricted Delivery O Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery O Signature ConfirmationT� 'Aail O Signature Confirmation 701? 150 0 0000 9675 2002 0a it Restricted Delivery Restricted Delivery PS Form 3811 , July 2015 PSN 7530-02-000-9053 UI s k N N Certified Mail Fee $ I Extra Services & Fees (check box, add fee as appropriate) C3 ❑ Return Receipt (hardcopy) $ E3 ❑ Return Receipt (electronic) $ Postmark O ❑ Certified Mail Restricted Delivery $ Here E3 ❑Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ O Postage Ul $ r= Total Postage and Fees r' Sent T_pt�'-t►'tt1` l�l--�IY�j,��t `�'�,v'�^C 1� . 0 tj-------------------------------------------------- Street-pt-f�o.--e------------------------------`' --------------------------------------------- City, State, z j; r,r 0 C S D Lf I'7 Domestic Return Receipt m m 0 Li Fee cnu a aer vices a reel (cbeck box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ us 11 Postmark Here ti [Sent Tofl ------------n �- 4 KeL1--- eet or QB'— -------------------------------------� Cc) SD 4q 3Z211 nj Er rR U, Q— 0 O O U-) a- rR h} PSNn +"n:4a Certified Mail Fee Z f Postmark Here 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 SentT; e( ------------------------------------------------------ ----------------------------------- :rr rr rrr •r - - I m m _, [L rEL]Cerfifed d Mall Fee ervices & Fees (check box, add fee as appropriate) Orn Receipt (hardcopy) $ Orn Receipt (electronic) $Postmark C3 Mail Restricted Delivery $ Here D ❑ Adult Signature Required $ ❑Adult Signature Restricted Delivery $ C3 Postage u) $ Total Postage and Fees ra N > N . 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O U i C C -4, a © 00 iv N y E E U N N Q r 0 o EE m Q aE x t0 to aC cc -a C 0 O O� i a) O N C « « U U _._._> i 2 O N C tU C « ✓ o dd=.-CO)0 mmo CO o_ ¢ cc in in o rr N E ❑❑❑ O ❑❑ a 0 N Q a > p N a - O N Y O a) y U ) Coocc H m ,o co m 0 0-- N m m O O•N J J E 1E — Uo QQUUU. ri❑❑❑❑❑❑I m m X % B. Received by (Printed Name) t0 U I E D a)1,'', C L l C �rR 4 E E __ Z ED U a N D. Is delivery address different fron{i>!em If YES, enter delivery address below: Co U 0 0) O 0 O N O O (Y) rn N- Z LO T O N T cc co 0 U- ❑ Agent ❑ Addresse Date of Deliver 1? ''Yes ❑ No OttII I [IllIFIII I II III II II I I IIII I III II III I I III • ice Type ❑ Priority Mail Ex press® f Signature pM Street dAp No., ry Signature Restricted Delivery x No. Q} ❑ Registered Mail ❑ Registered Mail Restricte ` �fJ ied Mail® Delivery C---- --"-®----------- 9590 9402 4722 8344 8351 98 ed Mail Restricted Delivery ❑ Return Receipt for ---------------------------- - % t on Delivery Merchandise 2. Article Number (Transfer from service label)t on Delivery Restricted Delivery ❑ Signature ConfirrnationTM d Mail 701? 14 .50 0 0 0 0 ❑ Signature Confirmation 9 6 7 5 3 5 2 8 Bail Restricted Delivery Restricted Delivery 0) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Complete items 1, 2, and 3. A. Si a Print your name and address on the reverse ❑ Agent so that we can return the card to you. '"` _ ❑ Addressee Attach this card to the back of the mailpiece, S. eceived by inted Na : B to of Delivery or on the front if space permits. � C7 yr r ! ;i eS " ,' Article Addressed to: D. Is delivery addre�jt different m 1 Yes Pn , 1 Q 5 If YES, enter deliveryaddre &low: No Qizo Dns C 41 go54,o C�()RAJO bJ� II I III I III III II (IIIIIIIIIIIIII II lI I IIIIII I'll 3. Service etType 0 Priority eiMail Expresso ❑ Adult Signature 0 Registered MailTM ❑ Adult Signature Restricted Delivery 0 Registered Mail Restricted ,'Certified Mail® Delivery 9590 9402 5390 9189 0170 48 ❑ Certified Mail Restricted Delivery ❑ Retum Receipt for ❑ Collect on Delivery Merchandise Arfirlc KI..mknr Tronefnr fr^.., ,,^..,:^^ �..�_„ n r^"^^' ^n Delivery Restricted Delivery 0 Signature Confirmation"' lail 0 Signature Confirmation 7 017 14 5 0 000 0 96? 5 2 0 4 0 lail Restricted Delivery Restricted Delivery I 'overaouO) Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 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. Article Address to: Jnnay KLI d5B5 C.' -h W,l Iirs�4Un 9590 9402 1207 fy aerrdi ;mIa IllillffII' II 'Ill H El 5246 0952 eo Article Number (Transfer from service label) A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery 2tertified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery 'ail 7 017 1'450 0000 9675 2033 ail Restricted Delivery ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery 3 Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I- I • • • ■ Complete items 1, 2, and 3. A. Signature SI 0 Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 0 No I)o�Y l2- IDY III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII IIIII 3. ServiceType❑RegisyredilExpress ❑ Adult Signature O Registered MailT"' O Ault Signature Restricted Delivery ❑ Registered Mail Restricted ertified Mail® Delivery 9590 9402 5390 9189 0170 24 ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise T.nncfor frnm FANICe label) O Collect on Delivery Restricted Delivery O Signature Confirmation M 9 nrTirlo Kit i^Tber -a IAail ❑ Signature Confirmation 70: 14 5 0 0 0 0 0 9 6'? 5 1, 9 8 2 ail Restricted Delivery Restricted Delivery )) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt f f'f1II1(11{1',tlt{1'111111ItI1111i111'11t11Il'IItI'IIHllll'Pl:; St-Zt-LZEOQ-®ZEa; 252SLOZl988 :39 O db' M JO, OS 2 1 EV N II £33L15 ON of3c7N35 O.L Na�tli.3ai ZZOZ 11 93J69LS££0000 0££'100 $ x£908 dl° S9MOnAaN.Udr 3S ISOd sn 43 "_4z :� ass SSN T t T f� . ,,.... ,JOIDN1111M 90T 0VO8 AIN f OD 98TL NOSdWOHl131NVG 2967 SL96 0000 0S+12 CL0L 8SLO-ZE908 00 A313389 8SL X09 Od ±138±S 00914 OUVOB ]HI 01 N U310 WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:21:43 AM SURFACE ESTATE 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. ' J*5 i I Z Z Signature Date Property Owners Within 500 Feet of Parcel # 045317200025 Account Parcel Owner Mailing Address R2784204 045307400020 GUFFEY MISTY R2784204 045307400020 GUFFEY BRANDON 52065 COUNTY ROAD 15 CARR, CO 806128913 R2996504 045308300008 RUNNER REBECCA L PO BOX 932 WELLINGTON, CO 805490932 R8948771 045317200022 DIEHL SHELLEY E R8948771 045317200022 DIEHL DOUGLAS 4716 STONERIDGE WAY "LID -I-`' 2- CASPER, WY 826016925 R8948772 045317200023 HOUSE JACQUELINE LUCILLE 0 v R8948772 045317200023 __________________________________ HOUSE MATTHEW GRAFTON 7146 CR 106 Loa- V CARR, CO 80612 R8948773 045317200024 THOMPSON DANIEL 7186 COUNTY ROAD 106 / LoJ- C/ WELLINGTON, CO 805491649 R8948774 045317200025 BERNDT ANNA EILEENE Parcels: 22 Owner Records: 39 Page 1 of 6 WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:21:43 AM SURFACE ESTATE 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. 1. "ILL) (.L i/Signature s, /21 Date Property Owners Within 500 Feet of Parcel # 045317200025 Account Parcel Owner Mailing Address R8948774 045317200025 BERNDT KELLY F 8585 CITATION DR W1 1> WELLINGTON, CO 805493224 R8948775 045317200026 KINNEY KRISTINA M R8948775 045317200026 KINNEY SHAUN M 7326 COUNTY ROAD 106 NUNN, CO 80648 R8948776 045317200027 BACKER SUZANNE M R8948776 045317200027 TURLEY KEVIN W PO BOX 106 LIVERMORE, CO 805360106 R8948778 045317200029 BERNDT ANNA EILEENE R8948778 045317200029 BERNDT KELLY F 8585 CITATION DR WELLINGTON, CO 805493224 R7522598 045317300006 LEVY COLLEEN R7522598 045317300006 LEVY RYAN 7387 COUNTY ROAD 104 WELLINGTON, CO 805491750 Parcels: 22 Owner Records: 39 Page 2 of 6 WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:21:43 AM SURFACE ESTATE 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. (shrrtilt . iij% ct Signature 31!ZZ Date Property Owners Within 500 Feet of Parcel # 045317200025 Account Parcel Owner Mailing Address R7522998 045317300010 BULLER JACOB LoFA R7522998 045317300010 BULLER TREVA A 7125 COUNTY ROAD 104 'Pt- S41 I WELLINGTON, CO 805491768 R7523098 045317300011 LANG TERRI R 11+- 3 -RE,-21I, R7523098 045317300011 LANG ROBERT E 7860 COUNTY ROAD 104 Lo+3 FZ F,-Z1IJ WELLINGTON, CO 805491739 R6777810 045317300020 NUNN TELEPHONE COMPANY 285 LOGAN AVE NUNN, CO 806487009 R7916098 045318100004 SLEAVIN KATHERINE E R7916098 045318100004 SMITH FREDERICK W 6550 COUNTY ROAD 106 CARR, CO 806128912 R4317506 045318100018 REDD KEVIN THOMAS R4317506 045318100018 REDD ERIN ALISA 6985 COUNTY ROAD 104 WELLINGTON, CO 805491736 Parcels: 22 Owner Records: 39 Page 3 of 6 WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:21:44 AM SURFACE ESTATE 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. Ciztdtvt -1 t)CL1 u c -/c. IfSignature f Z Z Date Property Owners Within 500 Feet of Parcel # 045317200025 Account Parcel Owner Mailing Address R4317606 045318100019 WEST COLLEEN D R4317606 045318100019 WEST SCOTT R 51505 WCR 15 WELLINGTON, CO 80549 R3365405 045318400011 PRICE PAULA R R3365405 045318400011 PRICE JUSTIN L 2110 JOHNMARK DR WINFIELD, KS 671561600 R4925807 045318400020 PILCHER LISA COLEEN R4925807 045318400020 PILCHER KIRBY J 51489 COUNTY ROAD 15 WELLINGTON, CO 805491403 R6777798 045318400021 PRICE PAULA R6777798 045318400021 PRICE JUSTIN 2110 JOHNMARK DR WINFIELD, KS 671561600 R6777799 045318400022 GUNDRED ARLOA Parcels: 22 Owner Records: 39 Page 4 of 6 WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:21:44 AM SURFACE ESTATE 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 Date Property Owners Within 500 Feet of Parcel # 045317200025 Account Parcel Owner Mailing Address R6777799 045318400022 GUNDRED JAMES 6849 COUNTY ROAD 104 WELLINGTON, CO 805491725 R1364602 045319100001 TBS GRAVES FAMILY LLC C/O BRIAN H GRAVES 6698 COUNTY ROAD 104 WELLINGTON, CO 805491764 R2174703 045320200024 BOEHMER MICHAEL J 50760 COUNTY ROAD 15 WELLINGTON, CO 805491771 Parcels: 22 Owner Records: 39 Page 5 of 6 WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:21:44 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. c, 1' � ` � � Z Signature Date Property Owners Within 500 Feet of Parcel # 045317200025 Parcels: 22 Owner Records: 39 Page 6 of 6 PLAY M+OrilYa►IM Vacation Pin r off' to r j> Tb&�MbbI grDf�5.� - r7- efl ,@rcA /6- O/TIQRSZ ill haia—braSkD.Wyr Monc1MM—bit : Sian) LWdlobbdld p 109S317200&25 • r: az' yc ; if!.-- }.It.I. 123• J • s f - j ' f , , 1 fl • - I i ., . . . I' I- t ff fwo ` amt 0s t J — DEPARTMENT OF R.A?*JWG AND BUILDING DEPARTMENT OF PUBIC HEALTH AND E!+MR{}NNMENT ;X55 NORTH 17'" AVENUE GREELEY CO 13F AUTHOfL.tAT10W1 FORM FOR BUILDING. PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES e i r Lot D use L-' .. ► a ..•.. i :a r . 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I - nJ-I. CO a. rw C'Wir i xtxir .r tr_rr t•Ja f alws�. Ow*n'4 October 17th, 2016 DEPARTMENT OF PLANNING SERVICES 1555 North 17th Ave GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: rreddick@weldgov.com PHONE (970) 400-3527 FAX (970) 304-6498 Estate of Greg R. Reeves c/o Katlyn H. Fitzgerald & Kelly F. Berndt PO BOX 499 Pierce, CO 80650 Subject: Recorded Exemption (RECX16-0144) Dear Katlyn and Kelly, The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit one (1) paper copy of your plat or one (1) electronic copy for review by the Department of Planning Servicesstaff. Upon approval of the paper copies please 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 after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven (11) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Ryder Reddick Planner I DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Estate of Greg R Reeves c/o Katlyn H Fitzgerald & Kelly F Berndt RECX16-0144 EPlanner Ryder Reddick Lot B of Recorded Exemption RE -4924, being the W2 NW4 and part of the W2 SW4 Section 17, T9N, Legal Description R67W of the 6th P M , Weld County, CO Parcel ID # 0453-17-2-00-021 Lot A Size +1-4 01 acres Lot B Size +1- 4 01 acres Lot C Size +/- 711 acres Lot D Size +/-123 16 acres Lot A Proposed Well Lot A Proposed Septic Water Source Lot B Proposed Well Sewer System Lot B Proposed Septic Lot C Proposed Well Lot C Proposed Septic Lot D Proposed Well Lot D Proposed Septic Criteria Checklist Yes No X - 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan X 2 Compatible with the existing surrounding land uses X 3 Consistent with the intent of the zone district X 4 Consistent with efficient and orderly development X 5 Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code X 6 Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County 1 A Weld County septic permit is required for any proposed home The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations 2. The applicant has proposed a well as the source of adequate water for Lot A, Lot B, Lot C and Lot D Property owners are advised that the quantity of water available for usage may be limited to specific uses, i e, "Domestic Use Only," etc Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203 Phone 303-866-3581), to discuss each individual situation RECX16-0144 Page 1 of 5 3 Topographic or physical features of the proposed Lots, such as ravines, ditches, streams etc may limit the area available for a new or replacement septic system Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged 4. Prior to recording the plat A The applicant shall address the requirements of Weld County School District RE -9 as stated in the referral response dated September 21, 2016 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services B Lot A, Lot B and Lot C shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10 B of the Weld County Code Net acreage calculations should not include future road right-of-way C Lot A, Lot B and Lot C shall comply with the two and one-half (2 1 /2) acre net minimum lot size required by Section 24-8-40 L of the Weld County Code Net acreage calculations should not include future road right-of-way D Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20 C 3 of the Weld County Code Net acreage calculations should not include future road right-of-way E 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 Items to be included on the plat A The plat shall be titled Recorded Exemption No 0453-17-02 RECX16-0144 B All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00432) The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point C County Road 104 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout The applicant shall verify and dek�neate on the plat the existing right-of-way and the documents creating the existing right-of-way All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County D County Road 106 is an unmaintained section line right-of-way The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right-of- way All setbacks shall be measured from the edge of right-of-way This road is not maintained by Weld County E Show and label the section line right-of-way as "County Road 106 section line right-of-way, not county maintained " F County Road 15 is an unmaintained section line right-of-way The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right-of- way All setbacks shall be measured from the edge of right-of-way This road is not maintained by Weld County RECX16-0144 Page 2 of 5 G Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50 E of the Weld County Code H. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number 6 The following notes shall be placed on the plat 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302 1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10 C of this Code 2) Any future structures or uses on site must obtain the appropriate zoning and building permits 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20 C 3 of the Weld County Code 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40 P of the Weld County Code 5) 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 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A, Lot B, Lot C and Lot D have an adequate water supply of sufficient quality, quantity -and dependability 7) Potential purchasers should be aware that Lot A, Lot B, Lot C and Lot D may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals The State Division of Water Resources issues all well permits 8) Potential purchasers should be aware that groundwater may not meet all dunking water standards as defined by the Colorado Department of Public Health and Environment The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter 9) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots Any lot may be deemed non - buildable if the lot owner is unable to obtain a well permit The State Division of Water Resources issues all well permits 10) The property owner shall control noxious weeds on the site 11) The historical flow patterns and runoff amounts will be maintained on the site RECX16-0144 Page 3 of 5 12) 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 13) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program 14) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs 15) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 16) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production RECX16-0144 Page 4 of 5 Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 7. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit one (1) electronic copy or one (1) paper copy of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 9. 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 mapsAco.weld-co.us. 10. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: Reddick' Planner I RECX16-0144 Page 5 of 5 Date: October 20, 2016 Hello