HomeMy WebLinkAbout20220648.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION,
RECX16-0145 - 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, RECX16-0145, 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, RECX16-0145, located on the following described real estate, to wit:
Lot D of Recorded Exemption, RECX16-0145; being
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, RECX16-0145, 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.
4807950 Pages: 1 of 2
03/07/2022 11:07 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
mill 11 ilrkll x'41 I RiIi Y111' 11111
cc: PL(-rP/AS),APPL.,APPL.ReP
3/'o/2
2022-0648
RECX1 6-0145
PARTIAL VACATION OF RECORDED EXEMPTION, RECX16-0145 - 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 OUNTY, COLORADO
ATTEST: 7.A)
Scot K. James, Chair
Weld County Clerk to the Board r, .7
' / A I t / - Miker�n,
BY:
puty Clerk to the Boa
L. Buc
T
Moreno
Lori Saine
Date of signature: v3/o,/22 /
4807950 Pages: 2 of 2
03/07/2022 11:07 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
mill M *I' 11 irJfY4 11111
2022-0648
RECX1 6-0145
1861
DEPARTMENT OF PLANNING SERVICES
c o u N T z; MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Angela Snyder, Planner II
SUBJECT: Vacation of Lot D of Recorded Exemption 0453-17-02 RECX16-0145.
HEARING DATE: February 23, 2022
APPLICANT: Kelly F. Berndt & Anna Eileen Berndt c/o Patricia Deplazes, 9120 N Saint
Wain Dr, Lyons, CO 80540
LEGAL DESCRIPTION: Lot D of Recorded Exemption RECX16-0145, being a part of Section 17, T9N,
R67W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to County Rd 106, North of and adjacent to County Rd
104, approximately 0.25 miles east of County Rd 15
PARCEL NUMBER: 045317200029
PARCEL SIZE: ± 124.18 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 and Anna Berndt,
property owners, requesting a partial vacation of the plat of Recorded
Exemption RECX16-0145, recorded April 26, 2017, reception #4297007 to
remove Lot D. Recorded Exemption RECX16-0145 was the second recorded
exemption on the property.
Five smaller lots are associated with the original parent parcel: Lots A and B of
RE -2119 and Lots A, B, and C of RECX16-0145. All property owners will be
notified of the partial vacation request hearing.
No easements were created on Lot D by the plat of RECX16-0145 or the
previous recorded exemption pat, RE -2119, 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.
2022-0648
Page 1 of 1
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Vacation Plat of Lot D,
AEC SEC CONTROL MONUMENT AR Recorded Exempt%on No 0453-17-02 RECX 16-0145
Y SEC110N NOTED MERLON
SET 5/B X 01 REBAR ROY 2 ALUMINUM CAP IS 3S46 Located in the East 1/2 of the West 1/2 of Section 17
•. FOUND 1/2 MOUNT WITH YELLOW PUSDC CAP CS ]2444 Township 9 North Range 67 West of the 6th PM
■. FOUND 1/2 FEW WITH 10111.014 PUSTIC CAP IS 11740 County of WQeld State of Colorado
Sheet 1 of 1
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PROPERTY DESCRIPTION TO BE VACATED
LOT D RECORDED EXEMPTION NO 010.5-17-/°22 RMXIG-0145 ALCOROS° TO WE PUT RECORDED APRIL 26 2017 AS RECEPTION
6O1 PAWCWLL EINIDWIFECOUNNTY OF WELD l5TATEFOTHEOLO5TROD1/2 OF SECTION 17 TOWNSHV 9 NORTH RANGE 6T WEST OF 1HE
PROPERTY DESCRIPTION AFTER VACATION
EM RIDW! COINEYE OF WEED 57ATE OF LOLORADOI/MOAE SECTOOA TA
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A OF RECORDER FA,MPFFION NO DOSS -1]-02 RFL%16-0115 RECORDED APRIL 26 2017 AS RECEPTION NO 1207427 THENCE WT
COINCIDENT WITH WE WEST USE OF SAID LOT A SOUTH 003624 FAST A DISTANCE OF 52719 FEET TO THE SOUTHWEST CORNER
OF SAID LOT THENCE COINCIDENT WITH THE SOUTH USE OF LOT A LOT B AND LOT C OF END RECORDED E4EAIPTON NORM
THE LEAST /2O THE x2 OF SLID SEC1TON 17 SEOUTH °OD] SSF EAST ATDRiMiCEUOF 30950.5 FEET DICE CONTINUING
COINCIDENT WfIH 540 EAST UNE SOUTH ODDS ]T EAST A DISTANCE OF 191813 FEET TO THE NORW- CORNER OF LOT A OF
RECORDED EXEMPTION NO 0453-17-W RE -2119 RECORDED JUNE 2JH 1998 AS RECEPTION NO 2621419 THENCE COINCIDENT
WITH ME NORTH LINE OF LOT A AND LOT B OF SEEN E7 D RORDED TH TDN NORM 40 WEST A DISTANCE OF 1199 B7 FEET
TO THE NORTHEAST CORNER OF 560 WI B THENCE COINCIDENT 47TH ITH THE WEST LINE OF OF SM LOT B SOUTH 043404 EAST A
DRTAAICE OF 69991 FEET TO THE SOIITUIEST CORNER Or SAID VDT B THENCE CONCIDENT *9TH THE SOUTH UNE OF THE EAST
1/2 OF THE WE51 TIT 5110 SECTION 1) NORM 5443 47 WEST A OISTNICE OF 11540 FEET TO THE PORT OF BEOINNIHy
C NTNNINC 12415 .(°RCS MORE OR LESS COUNTY OF WEED SIAT2 OF COLORADO
SURVEYOR S NOTES
11 BASIS OF BEARING ME FAST LINE 0( ME SOUTHWEST 1/1 OF SECTION 1) TOWNSHIP 9 NORM RANGE 6] WEST OF ME ETA
Y IS ASSVMEO TO BEAR NORTH OBJ] 11 WEST AS YONU ENTEO HEREON WHIN ALL BU4INGS CONTNNED HEREIN RELATIVE
D�NEDAHASES�OONN `YI52S#UROON FIAT ROE EXPRESSED IN US SURVEY FEET AND DECIWLS THEREOF A US SURVEY FOOT IS
3) ACCORDING TO COLORADO WY YOU MUST COMMENCE ROY LEGAL ACTION BASED UPON MIY DEFECT IN ME SURVEY WITHIN
T EE YEARS AFTER YOU FIRST 0500100 SUCH DEFECT IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT Al THIS SURVEY
BE COUMENOEU MORE THAN TON YEARS FROM THE DATE Or ME CERTFICATON SHOWN HEREON IN NO 05201 SHALL THE LABILITY
DICEED THE DOUAR AMOUNT FOR THIS SURVEY
KEWSIDRITON OEFCIHMM SNCX3 YOHI111ENY OP S 0°k TAOL RCEYdE5 0 DEN NY 5 CTIION 0 (p[]. RIENOVEU ACT BGR61G TREE
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6T EASEMENTS AND RICHIS OF WAY OF RECORD 1WVE BEEN RESEARCHED BY AMERICAS WEST LAND SUIMYiND CHICORY AND ARE
SHOWN HEREON NO TOLE COMMITMENT WAS PROVIDED BY THE CLIENT FOR THIS SURVEY
ENTER 1 1 CORNCH SEOTON 1)
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PROPERTY OWNER S CERTIFICATE
I THE UNDERSIGNED BEING THE SOLE OWNER IN FEE Or THE ABOVE DESCRIBED PROPERTY DO HEREBY VACATE
THE LEND DMSIDN FLAT OF RECORD SOW RECOGNIZED AS AN UNPLATTEO TRACT OF LAND
PATRICIA APRIL OEPWM
STATE Or COLORADO
COUNTY DF WELD ll S
THE MREGOINO CERTUTCATON WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF _ 20�
W COMMISSION EXPIRES
WITNESS MY HAND AND SEAL.
BOARD OF COUNTY CONYISSIONERS CERTIFICATE OF APPROVAL
THS -AMOR PLAT WAS APPROVED BY THE BOARD OF CDUNIY COMMISSIONERS OF WELD COUNTY STATE OF COLORADO
WITNESS MY HAND MID ME CORPORATE SEAL OF 01510 COUNTY THIS - GAY CF 20_
CHOIR BORD OF OUNTY COMMISSIONERS
ATTEST_-
WELD COUNTY CLERK TO WE BW1D
E OEWIY CLERIC TO ME BOARD DATE
SURVEYORS CERTIFICATE
I MERLER HDDS A REGISTERED PROFE5SIONAL LAND SURVEYOR IN ME STATE OF COLORADO DO HEREBY CERTIFY 114.1
{H5 VACATION PUT WAS PREPAMED UNDER MY PERSONAL SUPERVISION AND THAT THIS PUT IS AN ACCURATE
REPRESENTATON THEREOF I FURTHER CERTIFY THAT THE SURVEY AND THIS PUT COMPLIES WITH ALL APPUCABLE RULES
RECUUTONS AND LAWS OF ME STATE OF COLORADO STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND
PROFESSIONAL SURVEYORS AND WELD COUNTY
YERIE R NODS P LS X°H1 U
FOP AND ON BEHALF OF
AMERICAN WEST ARID SURVEING M
A COLVWOC CONPORATNN JBDm2
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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, RECX16-0145, for Removal of
Lot D
LEGAL DESCRIPTION- Lot D of Recorded Exemption, RECX16-0145, being part of Section 17,
Township 9 North, Range 67 West of the 6th P M , Weld County, State of Colorado
LOCATION- South of and adjacent to County Road 106, north of and adjacent to County
Road 104, approximately 0 25 miles east of County Road 15 (See Legal Description for precise
location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 11, 2022
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX16-0145
Owner
SHAUN AND KRISTINA KINNEY
KEVIN TURLEY AND SUZANNE
BACKER
ROBBI GARNER
ANNA AND KELLY BERNDT
PATRICIA DEPLAZES
DONNA JORDAN
RYAN AND COLLEEN LEVY
Address
7326 COUNTY ROAD 106
PO BOX 106
262 BALD EAGLE WAY
8585 CITATION DR
9120 N SAINT VRAIN DRIVE
156 ROCK CREEK ROAD
7387 COUNTY ROAD 104
City State Zip
NUNN CO 80648
LIVERMORE
CO
80536-0106
WILLIAMSBURG
VA
23188-4022
WELLINGTON
CO
80549-3224
LYONS
CO
80540
CHICO
CA
95973-9054
WELLINGTON
CO
80549-1750
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, RECX16-0145, in the United States
Mail, postage prepaid First Class Mail as listed above.
Dated the 11th day of February, 2022.
(3siii ''111L
Janet M. Warwick
Deputy Clerk to the Board
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CLERK TO THE BOARD
1150 0 STREET
PO BOX 758
GREELEY CO 80632-0758
7017 1450 0000 9675 1975
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C. Date of Delivery
D. Is
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
1/31/2022
10:33:24 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
C iazzWX 0.") c
1 1 31 f ii Signature
Date
Property Owners Within 500 Feet of Parcel # 045317200029
Account
Parcel
Owner
Mailing Address
R2996504
045308300008
RUNNER REBECCA L
PO BOX 932
WELLINGTON, CO 805490932
R2145003
045317100016
MACKEY JAMIE
R2145003
045317100016
MACKEY BRYON
51659 COUNTY ROAD 17
CO 805491772
___________________________________________________________WELLINGTON,
R2145103
045317100017
MONJE CUSTAVO CAMORLINGA
51625 COUNTY ROAD 17
WELLINGTON, CO 805491772
R4925907
045317100018
THOMPSON BEVERLY A
R4925907
045317100018
THOMPSON GERALD D
8660 COUNTY ROAD 106
PO BOX 70
WELLINGTON, CO 805490070
R8948772
045317200023
HOUSE JACQUELINE LUCILLE
R8948772
045317200023
HOUSE MATTHEW GRAFTON
7146 CR 106
CO 80612
_________________________________________________CARR,
R8948773
045317200024
THOMPSON DANIEL
7186 COUNTY ROAD 106
WELLINGTON, CO 805491649
Parcels: 20 Owner Records: 32 Page 1 of 5
WELD COUNTY COLORADO LAND RECORDS 1/31/2022
AFFIDAVIT OF INTERESTED LAND OWNERS 10:33:24 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.
• aA
Signature
Date
Property Owners Within 500 Feet of Parcel # 045317200029
Account
Parcel
Owner
Mailing Address
R8948774
045317200025
BERNDT ANNA EILEENE
R8948774
045317200025
BERNDT KELLY F
8585 CITATION DR
WELLINGTON, CO 805493224
R8948775
045317200026
KINNEY KRISTINA M
Loa. f'r"
R8948775
045317200026
___________________________________
KINNEY SHAUN M
Lo� n_
7326 COUNTY ROAD 106
NUNN, CO 80648
R8948776
045317200027
BACKER SUZANNE M
Lo -3
R8948776
045317200027
TURLEY KEVIN W
PO BOX 106
00
Lb 1- 13
LIVERMORE, CO 805360106
R8948777
045317200028
GARNER ROBBI L
262 BALD EAGLE WAY
/,
to V
WILLIAMSBURG, VA 231884022
R8948778
045317200029
BERNDT ANNA EILEENE
t- 1J
R8948778
045317200029
BERNDT KELLY F
8585 CITATION DR
W-)--
WELLINGTON, CO 805493224
Parcels: 20 Owner Records: 32 Page 2 of 5
WELD COUNTY COLORADO LAND RECORDS 1/31/2022
AFFIDAVIT OF INTERESTED LAND OWNERS 10:33:24 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
• 1�.)(LttJ4 ci
Signature
�1�ZZ
Date
Property Owners Within 500 Feet of Parcel # 045317200029
Account
Parcel
Owner
Mailing Address
R7522498
045317300005
JORDAN DONNA G
156 ROCK CREEK RD
LA+- A-
jLf. - ZI (
CHICO, CA 959739054
R7522598
045317300006
LEVY COLLEEN
L.o+ a
Rf'-ZI 19
R7522598
045317300006
LEVY RYAN
Lo+ 13
7387 COUNTY ROAD 104
Rt-Zl 1 q
WELLINGTON, CO 805491750
R7523098
045317300011
LANG TERRI R
R7523098
045317300011
LANG ROBERT E
7860 COUNTY ROAD 104
WELLINGTON, CO 805491739
R7522898
045317400009
YORK JODY L
R7522898
045317400009
YORK JAMES C
7785 COUNTY ROAD 104
WELLINGTON, CO 805491750
R7523498
045317400015
NELSON DARLENE M
R7523498
045317400015
NELSON JOHN D
51361 COUNTY ROAD 17
WELLINGTON, CO 805491749
Parcels: 20 Owner Records: 32 Page 3 of 5
WELD COUNTY COLORADO LAND RECORDS 1/31/2022
AFFIDAVIT OF INTERESTED LAND OWNERS 10:33:24 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.
.Oatu eJL
Signature
�r I zZ
Date
Property Owners Within 500 Feet of Parcel # 045317200029
Account
Parcel
Owner
Mailing Address
R8941016
045320200003
ALL SEEING COLORADO LLC
7322 COUNTY ROAD 104
WELLINGTON, CO 805491750
R8966638
045320200005
BRUMBAUGH ALAN
6675 S LEMAY AVE APT F2
FORT COLLINS, CO 805259429
R8966639
045320200006
LEVY BRENT
R8966639
045320200006
LEVY EVE
7250 COUNTY ROAD 104
WELLINGTON, CO 805491733
R2174703
045320200024
BOEHMER MICHAEL J
50760 COUNTY ROAD 15
WELLINGTON, CO 805491771
Parcels: 20 Owner Records: 32 Page 4 of 5
WELD COUNTY COLORADO LAND RECORDS 1/31/2022
AFFIDAVIT OF INTERESTED LAND OWNERS 10:33:24 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.
czJgt in . a) cL
Signature
Date
Property Owners Within 500
Feet of Parcel # 045317200029
Parcels: 20 Owner Records: 32 Page 5 of 5
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DEPARTMENT OF PLANNING SERVICES
1555 North 171h 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 (RECX16-0145)
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
Services' staff. 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
RECX16-0145
Planner Ryder Reddick
Legal Description•
gR67W
Lot C of Recorded Exemption RE -2119, being the E2 NW4 and a part of the E2 SW4 of Section 17, T9N,
of the 6th P M , Weld County, CO
Parcel ID #
0453-17-0-00-007
Lot A Size
+/- 3 94 acres
Lot B Size
+1- 3 94 acres
Lot C Size
+/-6 68 acres
Lot D Size
+/-123 08 acres
Lot A Proposed Well
Lot A Proposed Septic
Water SourceSystem
Lot B Proposed Well
Sewer
Lot B Proposed Septic
Lot C Proposed WellLot
C Proposed Septic
Lot 0 Proposed Well
j Lot D Proposed Septic
Criteria Checklist
Yes No
I 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
RECX16-0145
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 RECX16-0145
B All approved accesses shall be clearly shown on the plat and labeled with the approved
i L.- /APIAG !1111 �1 �f\ TL. 1 _1 L_11 L_-i LL-
access pertlitn ittuttituct �nr I V -V V'?JJ) t II aNN R.Ont shall con'atct a to vvetu .#UUI ILy
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 delineate 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 Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50 E of the Weld County Code
G All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number
RECX16-0145
Page 2 of 5
The following notes shall be placed on the plat
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the 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 fora domestic well permit which allows for outside irrigation andfor 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 drinking 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
RECX16-0145
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
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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 maps(a�co.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: Date: October 20th, 2016
er Reddick, Planner I
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