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Home My WebLink About20221995.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX18-0131, FOR REMOVAL OF LOT D - MST FARMS, LLC, C/O MICHAEL 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 October 23, 2018, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX18-0131, and WHEREAS, the Board has received a request from the current property owner, MST Farms, LLC, c/o Michael Freeman, 13377 County Road 84, Ault, Colorado 80610-9705, to vacate Lot D of Recorded Exemption, RECX18-0131, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX18-0131; being part of the NW1/4 of Section 6, 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 MST Farms, LLC, c/o Michael Freeman, for Partial Vacation of Four -Lot Recorded Exemption, RECX18-0131, for removal of Lot D, be, and hereby is, approved, subject to the following condition(s): 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. CC'.pL(TP/MN/NH), RPPL g�IFiig2 4844676 Pages: 1 of 2 07/28/2022 10:52 AM R Fee:$0.00 Carly Kopp., Clark and Raoordar, Wald County , CO 2022-1995 RECX18-0131 11111 ITAIMIAreliA ErVerL'friii: Jhllki "Ill PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX18-0131, FOR REMOVAL OF LOT D - MST FARMS, LLC, C/O MICHAEL FREEMAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of July, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELDDCOUNTY, COLORADO ATTEST: daitiA) . James, Chair Weld County Clerk to the Board ounty = ney Date of signature: 7/25/22. 4844676 Pages: 2 of 2 07/28/2022 10:52 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County , CO ifi h4J'iikl�� WA 11111 2022-1995 RECX18-0131 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Michael Hall, Planner Subject: Partial Vacation of RECX18-0131 Hearing Date: July 13, 2022 Owners: MST Farms, LLC c/o Michael K. Freeman Legal Description: Lot D of Recorded Exemption RECX18-0131; being a part of the NW4 of Section 6, T7N, R66W of the 6th P.M., Weld County, CO location: South of and adjacent to CR 86; east of and adjacent to CR 25 Parcel Number: 070706200013 Total Parcel Size: +/- 124 acres Zone District: A (Agricultural) Summary: The property owners request to vacate Lot D, being the largest lot of Four -Lot Recorded Exemption RECX18-0131, recorded December 14, 2018, reception # 4453710. This Recorded Exemption divided a parcel into an approximately 1.2 -acre Lot A, a 2.5 -acre Lot B, a 25 -acre Lot C and 124 -acre Lot D. This partial vacation of Lot D would result in an approximately 124 -acre unplatted parcel. Lots A, B and C of RECX18-0131 are not affected by this action. No easements were dedicated on the RECX18-0131 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 vacaticn request letter and the draft vacation plat. Section 24-11-50.6 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. 07/ 13 Partial Vacation of RECX18-0131 2022-1995 Page 1 of 2 R2CXI8-o'31 Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following conditions. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Exhibits: A: RECX18-0131 plat B: Deed C: Vacation Application D: Vacation Request Letter E: Draft Vacation plat Partial Vacation of RECX18-0131 Page 2 of 2 Department of Planning Services This is a request for Partial Vacation of RECX 18-0131. This is a four lot Recorded Exemption and this a request to vacate Lot D. Lot D is approximately 124 acres. Lot D has no existing improvements. Lot D is all dryland pasture ground and does not need to be or is it required to be part of a Recorded Exemption. Thank you for your consideration. Mike and Janine Freeman 4453710 Pages: 1 of 2 12/1412011 01:47 Ptt R Pea:421 00 G•1' Koons. Cl.'. ra ta^Act•L6r.c.' Ytta1L: Cana. Ca iii PAC444Mai Lai ttY' iki7M1P4111.iiitA t flu VICINITY MAP SEC 6, T7N. R66W 'NCR 86 I1 WCR 84 I INCH • 2000 FEET EASEMENT AND RIGHT-OF-WAY NOTES: 'PROVIDED BY STEWART TITLE COMPANY TITLE COMMITMENT FILE NO. 293213, DATED OCTOBER 4. 2014. AND RELIED UPON 8Y THOMAS LAND SURVEYING, LLC FOR EASEMENTS AND RIGHTS -OF -WAY Of RECORD) 13 RIGHT CF WAY FOR COUNTY ROADS 30 FEET VADE ON EITHER SIDE OF SECTION AND TOWNSHIP LINES. AS ESTABLSHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1859 IN BOOK 86 AT PAGE 273. (PLOTTED) 14. RIGHT OF WAY FOR THE PIERCE LATERAL AS THE SAME IS ESTABLISHED AND OR USED. (NO RECORDED RIGHT-OF-WAY WAS FOUND - PRESCRIPTIVE RIGHTS MAY APPLY) 15 RIGHT OF WAY CONTRACT RECORDED OCTOBER '1. 1938 AS RECEPTION NO. 800)t8. MEMORANDUM OF PIPELINE LOCATION RECORDED JULY 16, 2010 AS RECEPTION NO 3705826(RIGHT-OF-WAY T IES IN THE NORTHEAST QUARTER OF SUBJECT SECTION 6 - NOT A PART OF THE SUBJECT PARCEL NOT PLOTTED) 16, TRUST DECLARATION AND MINERAL USED RECORDED L'ECEMISER 28. 1951 AS RECEPTION NO. 1121158. THE COMPANY MAKES NO REPRESENTATION AS TO THE. PRESENT OWNERSHIP Of ANY SUCH INTERESTS TI'ERE MAY BE LEASES. GRANTS.EXCEPTIONS OR RESERVATIONS OF INTERESTS THAT ARE NOT LISTED (NO RIGHT-OF-WAY OR EASEMENTS IN INSTRUMENT - NOT PLOTTED) 17. TRUST DECLARATION AND MINERAL DEED RECORDED JANUARY 7.1957 AS RECEPTION NO 1244606 ME COMPANY MAKES NO REPRESENTATION AS TO THE PRESENT OWNERSHIP OF ANY SUCH INTERESTS THERE MAY BE LEASES. GRANTS,EXCEPHONS OR RESERVATIONS OF INTERESTS THAT ARE NOT LISTED. (MINERAL- RIGHTS NOT WITHIN THE SCOPE OF THIS SURVEY - NOT PLOTTED) 18. MINERAL DEED RECORDED AUGUST 3t, 1961 AS RECEPTION NO. 1362880. THE COMPANY LAKES NO REPRESENTATION AS TO 71-E PRESENT OWNERSHIP OF ANY SUCH INTERESTS THERE MAY BE LEASES. GRANTS.EXCEPUONS OR RESERVATIONS OF INTERESTS THAT ARE NOT LISTED (MINERAL RIGHTS NOT WITHIN THE SCOPE OF THIS SURVEY • NOT PLOTTED) 19. WATER PURCHASE AGREEMENT RECORDED DECEMBER 28, 1962 AS RECEPTION NO. 1397218. AMENDMENT RECORDED APRIL 15, 1968 AS RECEPTION NO. 7515305. (WATER RIGHTS NOT WITHIN THE SCOPE OF THIS SURVEY • NOT PLOTTED) 20 TRUST DECLARATION MD MINERAL DEED RECORDED OCTOBER 15, 1963 AS RECEPTION NO 1419131. THE COMPANY MAKES NO REPRESENTATION AS TO THE PRESENT OWNERSHIP OF ANY SUCH INTERESTS. THERE MAY BE LEASES. GRANTS.EXCEPTIONS OR RESERVATIONS OF INTERESTS THAT ME NOT LISTED (MINERAL RIGHTS NOT WITHIN THE SCOPE OF THIS SURVEY - NOT PLOTTED) 21. RIGHT OF WAY EASEMENT RECORDED JUNE 23, 1970 AS RECEPTION NO. 1549782 (INSTRUMENT DESCRIBES A RIGHT OF WAY FOR A WATER LINE THE LEGAL. DESCRIPTION OF THE WAT EH(UNE IS VAGUE AM) LS UNABLE TO BE PLOTTED • UNDERGROUND FACILITIES MAY EXIST - SEE INSTRUMENT FOR DETAILS - NOT PLOTTED) 22. OIL. GAS AND MINERAL LEASE RECORDED MARCH 24, 1971 AS RECEPTION NO. 1564426, AND ANY AND ALL ASSIGNMENTS AND/OR INTERESTS THEREIN OR RIGHTS THEREUNDER (LEASE ENCUMBERS THE EAST HALF OF THE SUBJECT NORTHWEST QUARTER OF SECTION B FOR THE PURPOSE OF INVEST GATING. EXPLORING. PROSPECTING. DRILLING AND MINING FOR AND PRODUCING OIL. GAS ETC. LAYING PIPE LINES, BUILDING TANKS, POWER STATIONS. TELEPHONE LINES AND OTHER STRUCTURES • BLANKET IN NATURE - NOT PLOTTED) 23 UNITED STATES PATENTS RECORDED AUGUST 11,1917. AS RECEPTION NO. 257231 AND APRIL 26, 1921. AS RECEPTION NO 604482 AND FEBRUARY 17.1926. AS RECEPTION NO. 9744(32 (PATENT AT REC. NO 257231 RESERVES RIGHTS TO DITCHES, AND WATER RIGHTS • BLANKET IN NATURE - NOT PLO TIED) 24 EASEMENT RECORDED OCTOBER 24, 1975 IN BOOK 1669 AT PAGE 672 AND RE RECORDED APRIL 3.2012 AS RECEPTION NO. 3838276. (PLOTTED) 25 CONTRACT AND GRANT OF EASEMENT RECORDED NOVEMBER 26, 1975 AS RECEPTION NO 1675604 AMENDMENT RECORDED MARCH 11. 1976 AS RECEPTION NO. 1683285 (PLOTTED) 26 LAND PURCHASE CONTRACT RECORDED DECEMBER 5, 1975 AS RECEPTION NO 1876229. (CONTRACT CAL I.S OUT LOT 1 OF THE SUBJECT SECTION - SAID LOT UES WITHIN THE NORTHEAST ()LIARTER OF SUBJECT SECTION 0 AND IS NOT A PART OF THE SUBJECT PARCEL - NOT PLOTTED) 2/ EASEMENI AGREEMENT RECORDED MARCH 6.1978 AS RECEPTION NO. 1748347. (EASEMENT LIES WITHIN THE NORTHEAST QUARTER OF SUBJECT SECTION'S AND IS NOT WITHIN THE SUBJECT PARCEL • NOT PLOTTED)) 28 RESOLUTION RECORDED APRIL 13. 1979 AS RECEPTION NO 1787354. (NOT A PART OF THE SUBJECT PARCEL • NOT PLOTTEDI 29 AULT TELECOMMUNICATION SITE RECORDED MAY 16, 1979 AS RECEPTION NO. 1710762. (NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 30. NON -DEVELOPMENT AGREEMENT RECORDED OCTO3ER 2. 1979 AS RECEPTION NO 1805020. (NOT WITHIN THE SUBJECT PARCEL • NOT PLOTTED) 31 RULE AND ORDER RECORDED JULY 20. 1981 AS RECEPTION NO. 1863814 (PLOTTED) 32. FLOWAGE CONTRACT AND GRANT OF EASEMENT RECORDED AUGUST 24, 1987 IN BOOK 1167 AT PAGE 1660 AS RECEPTION NO. 2111522 (NOT WITHIN THE SUBJECT PARCEL • NOT PLOTTED) 33 EASEMENT RECORDED DECEMBER 13. TE58IN BOOK 1218 AT PAGE 1770AS RECEPTION NO. 2164889 (NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 34, R.0 W SURVEY RECORDED OCTOBER 9, 1990 IN BOOK 12T8 AT PAGE 1771 AS RECEPTION NO. 2229626. (NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 35 OE AND GAS LEASE RECORDED DECEMBER 20, 1990 LM BOOK t285AT PAGE 1207 AS RECEPTION NO 2230481. ANU ANY AND AU. ASSIGNMENTS ANOAR INTERESTS THEREIN OR RIGHTS THEREUNDER (NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 36 GRANT OF EASEMENT AND EASEMENT AGREEMENT FOR TRANSMISSION FACILITIES RECORDED DECEMBER 1.2006 AS RECEPTION NO. 3438969. (NOT WITHIN THE SUBJECT PARCEL • NOT PLOTTED) 37. RICHT-OF-WAY EASEMENT RECORDED DECEMBER 27.2006 AS RECEPTION NO. 3443983. (GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOC AND BEING 10 FEET EACH SIDE or POWER POLES, AS CONSTRUCTED PER WORK ORDER 1281827. POLES LIE WITHIN THE PUBLIC RIGHT OF WAY - 140 PLOTTED) 38. OIL AND GAS LEASE RECORDED OCTOBER 31, 2007 AS RECEPTION NO. 3514506, AND ANY AND AU. ASSIGNMENTS AND/OR INTERESTS THEREIN OR RIGHTS THEREUNDER ASSIGNMENT RECORDED MAY 12, 2008 AS RECEPTION NO. 3553625. (NOT WVITHIN THE SUBJECT PARCEL • NOT PLOTTED) 39 EASEMENT AND RIGHT-OF-WAY AGREEMENT RECORDED JUL Y ?8.7011 AS RECEPTION NO 378281'7 (PLOTTED) 40. OIL AND GAS LEASE RECORDED JULY 3, 2013 AS RECEPHON NO. 3$45329, AND ANY AND AU. ASSIGNMENTS AND/OR INTERESTS THEREIN OR RIGHTS THEREUNDER (NOT A PART OF THE SUBJECT PARCE1 - NOT PLOTTED) 41. REQUEST FOR NOTIFICATION OF APPUCATION FOR DEVELOPMEN I RECORDED JULY 12.2016 AS RECEPTION NO. 4218393 (NOT WITHIN THE SCOPE OF THIS SURVEY • NOT PI OTTE)) 42 POSSIBLE EASEMENTS FOR SUP -382 POWER LINES 345 KV AND USR-1183 GAS LINE AS DISCLOSED BY WELD COUNTY. COLORADO ASSESSORS OFFICE PARCEL NO.070706000033. (PLOTTED) PREPARED BY THOMAS LAND SURVEYING, LLC 2619 WEST 11TH SI REET ROAD. SUITE 24 GRE.E'LEY. COLORADO 80634 TELEPHONE (970) 304 0964 RECORDED EXEMPTION NO. 0707-06-2 RECXI8-0131 PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO - NOTES: 1. ALL PROPOSED OR EXISTING STRUCTURES WELL OR DO MEET THE MINIMUM SETBACK AND OFFSET REQUIREMENTS FOR THE ZONE DISTRICT IN YRIC)1 THE PROPERTY IS LOCATED. PURSUANI 10 THE DEFINITION OF SETBACK IN THE WELD COUNTY CODE. THE REQUIRED SETBACK S MEASURED FROM THE FUTURE RIGHT-OF-WAY LINE • NO BUILDING OR STRUCTURE AS DEFINED AM) LIMITED TO THOSE OCCUPANCIES LISTED AS GROUPS A, B. G EH, I. M AND R TN SECTION 30.1,1 OF THE 2012 INTERNATIONAL BUILDING CODE, SHALL BE CONSTRUCTED VA INN A iW-FOOT RADIUS OF ANY TANK BATTERY OR WITHIN A 150 -FOOT RADIUS OF ANY WELL HEAD 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 THEE CODE 2. ANY FUTURE STRUCTURES OR USES ON SITE MUST OBTAIN THE APPROPRIATE ZONING AND BUILDING PERMITS. 3. LOT A, LOT 8, AND LOT C ARE NOT ELIGIBLE FOR A FUTURE 'AND EXEMPTION IN ACCORDANCE WITH SECTION 243-20 C.3 OF THE WILD COUNTY CODE a THE LARGEST LOT OF ANY RECORDED DIEMP'TION MAY NOT BE LESS THAN THIRTY-FIVE (35) ACRES NET UNLESS APPROVED BY THE WELD COUNTY BOARD OF COMMISSIONERS IN ACCORDANCE WITH SECTION 244-I0.P. OF THE WELD COUNTY CODE 5. THE PROPERTY OWNER SHALL CONTROL NOXIOUS WEEDS ON THE SITE. 6. WELD COUNTY WILL NOT REPLACE OVERLAPPING EASEMENTS LOCATED WITHIN EXISTING RIGHT-OF-WAY OR PAY TO RELOCATE EXISTING UTILITIES WITHIN THE EXISTING COUNTY RIGHT-OF-WAY. 7. ACCESS ON THE SITE SHALL BE MAINTAINED TO MITIGATE ANY IMPACTS TO THE PUBLIC ROAD INCLUDING DAMAGES AND/OR OFFSITE TRACKING. 8 PRIOR TO RELEASE OE BUILDING PERMITS, THE APPLICANT MALI BE REQUIRED TO SUBMIT A COMPLETE ACCESS APPLICATION FOR A'PRELIMINARILY APPROVED' ACCESS LOCATION AS SHOWN ON THIS PLAT. 9. ANY WORK THAT MAY OCCUPY AND OR ENCROACH UPON ANY COUNTY RIGHTS OF•WAY OR EASEMENT SHALL ACQUIRE AN APPROVED RIGHT-OFNNAY USE PERMIT PRIOR TO COMMENCEMENT 10 THE HISTORICAL FLOW PATTERNS AND RUNOFF AMOUNTS WILL DE MAINTAINED ON THE SITE 11 A FLOOD HAZARD DEVELOPMENT PERMIT IS REQUIRED FOR ALL CONSTRUCTION OR DEVELOPMENT OCCURRING IN THE FLOODPLAIN OR FLOODWAY AS DELINEATED ON FEDERAL EI ERGENCY MANAGEMENT AGENCY (FEMU FIRM COMMUNITY PANEL MAP it 08123C-12C6E AND 127CP DATED JANUARY 20.2016 (COAL CREEK FLOODPLAIN)) ANY DEVtLOPIAENT SHALL COMPLY WITH ALL APPLCABLE WELD COUNTY REQUIREMENTS COLORADO WATER CONSERVATION BOARD REQUIRMENTS AS DESCRIBED IN RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO, ANT) FEMA REGULATIONS AND REQUIREMENTS AS DESCRIBED IN RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO. AND FEMA REGULATIONS AND REQUIREMENTS AS DESCRIBED IN 44 CFR PARTS 59, 60, AND 65. THE FEMA DEFINITION OF DEVELOPMENT IS ANY MAN-MADE CI'ANGE TO IMPROVED OR UNIMPROVED REAL ESTATE, INCLUDING BUT NOT LIMITED TO BUILDINGS. OR OTHER STRUCTURES MINING, DREDGING, FILLING, GRADING, PAVING, EXCAVATION. DRILLING OPERATIONS. OR STORAGE OF EQUIPMENT AND MATERIALS. 12 FEMA'S FLOQOPLAN BOUNDARIES MAY BE UPDATED AT ANY TIME BY FEMA PRIOR TO THE START OF ANY DEVELOPMENT ACTMT)ES. THE OWNER SHOULD CONTACT WELD COUNTY TO DETERMINE IF THE FLOODPLAIN BOUNDARIES HAVE BEEN MODIFIED 13. THE INSTALLATION OF ANY SEPTIC SYSTEM WITHIN THE l00•YtAR FLOOD PLAIN SHALL COMPLY WITH THE WELD COUNTY 0 WS.S FLOOD PLAIN POLICY. IN ACCORDANCE WITH THE STATE OF COLORADO 0 W.T.S REGULATIONS. NO SEPTIC SYSTEM SHALL BE INSTALLED WITHIN THE FLOODWAY 14 PRIOR 10 THE RELEASE OF BUILDING PERMITS, THE APPLICANT SSHALL SUBMIT A RECORDED DEED DESCRIBING THE LOT UPON WHICH THE BUILDING PERMIT IS REQUESTED WITH WITH THE BUILDING PERMIT APPLICATIONS. THE LEGAL DESCHIPTK)N ON SUCH DEED SHALT. INCLUDE THE LOT DESIGNATION AND RECORDED EXEMPTION NUMBER 15 PRIOR TO THE RELEASE OF BUILDING PERMITS. THE APPLICANT SHALL SUBMIT EVIDENCE TO THE DEPARTMENT Of PLANNING SERVICES THAT LOTS B. AND D. HAVE AN ADEQUATE WATER SUPPLY OF SUFFICIENT QUALITY, QUM RTY AND DEPENDABILITY 16. LOT A AND LOT C MAY SHARE A NORTH WELD COUNTY WATER DISTRICT WATER TAP 4841. UPON CONVEYANCE OF LOT A OR LOT C OF RECX 18.0131, NWCWD REQUIRES THAT ANY FUTURE OWNER PURCHASE A SEPARATE WATER TAP AND THE SHARED WATER TAP SHALL NO LONGER BE SHARED IN ACCORDANCE WIT H THE NWCWT) WAT ER RESTRICTION AGREEMENT. 17 BUILDING PERMITS SHALL BE OBTAINED PRICR 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 8.13 OF THE WELD COUNTY CODE DO NOT NEED BUILDING PERMIT S HOWEVER, A CER I:FICA-E OF COMPLIANCE MUST BE FILED WITH THE PLANNING DEPARTMENT AND AN El ECTRICAL AND.'OR Pl UMBING PERMIT IS REQUIRED FOR ANY ELECTRICAL SERVICE TO THE BUILDING OR WATER FOR WATERING OR WASHING OF LIVESTOCK OR POLE TRY. 18. BUILDING PERMITS ISSUED ON THE PROPOSE!) LOIS WW ILL IIEE REQUIRED It) ADHERE TO THE FEE STRUCTURE OF THE COUNTY -WOE ROAD IMPACT FEE PROGRAM 19 BUILDING PERMITS ISSUED ON THE PROPOSED LOTS WILL BE REQUIRED TO ADHERE TO PIE FEE STRUCTURE OF THE COUNTY FACILITY FEE AND DENINAGE IMPACT FEE PROGRAMS 20 POTENTIAL PURCHASERS ARE HEREBY NOTIFIED THAT 34$ KV TRANSMISSION LINES ARE PERMITTED BY SUP -322 AND ARE LOCATED ON THE PROPOSED RECORDED EXEMPTION LOIS. 21 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 STAPJTES. MINERALS ARE VITAL RESOURCES BECAUSE (A) THE STATE'S COMMERCIAL MINERAL DEPOSITS ARE ESSENTIAL TO THE STATES ECONOMY. (5) THE POPULOUS COUNTIES Of THE STATE FACE A CRITICAL SHORTAGE OF SUCH DEPOSITS: AND (C) SUCH DEPOSITS SHOULD BE EXTRACTED ACCORDING TO A RATIONAL NAN. CALCULATED TO AVOID WASTE OF SUCH DEPOSITS AND CAUSE THE LEAST PRACTICABLE DSRLJPTION OF THE ECOLOGY AND QUALITY OF LIFE OF THE CITIZENS OF THE POPULOUS COUNTIES OF THE STATE. MINERAL RESOURCE LOCATIONS ARE YADESPREAD THROUGHOUI THE COUNTY AND PERSON MOVING INTO THESE AREAS MUST RECOGNIZE THE VARIOUS IMPACTS ASSOCIATED WITH THIS DEVELOPMENT OFTEN TIMES, LINERAL RESOURCE SITES ARE FIXED TO THEIR GEOGRAPHICAL GEOPHYSICAL LOCATIONS MOREOVER, THESE RESOURCES ARE PROTECTED PROPERTY RIGHTS AND MINERAL OWNERS SHOULD BE AFFORDED THE OPPORTUNITY TO EXTRACT THE MINERAL RESOURCE NOTES CONTINUED: 2S WELD COUNTY'S RIGHT TO FARM. WELD COUNTY TS ONE OF THE MOST PRODUCTIVE AGRICULTURAL COUNTIES IN THE UNITED STATES. TYPICALLY RANKING N THE TOP TEN COUNTIES IN THE COUNTRY IN TOTAL MARKET VALUE OF AGRICULTURAL PRODUCTS SOLD. THE RURAL AREAS OF WELD COUNTY TAY BE OPEN AND SPACIOUS, SUE 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 MD A LOWER LEVEL OF SERVICES THAN IN TOWN. ALONG VATH 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 ATMOSPEIERE MD 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 TIE 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, Ft TE.S AND MOSQUITOES. HUNTING AND TRAPPING ACTIVITIES: SHOOTING SPORTS. LEGAL HAZING OF NUISANCE WILDLIFE; MD THE USE OF PESTICIDES ANt) FERTILIZERS IN THE FIELDS, INCI.IIDING THE USE OF AERIAL SPRAYING. IT IS COMMON PRACTICE FOR AGRICULTURAL. PRODUCERS TO UTILIZE AN ACCUMULATION OF AGRICULTUHA. MACHINERY AND SUPPLIES TO ASSIST IN THEIR AURICULTU)AI. OPERATIONS A CONCENTRATION OF MISCFIIANEOIIS AGRICULTURAL. MATERIALS OFTEN PRODUCES A VISUAL DISPARITY BETWEEN RURAL. AND URBAN AREAS OF 'THE COUNTY SECTOR 353.6.102, 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 DE A NUISANCE EMPLOYS MEINODS OR PRACTICES THAI ARE COMMONLY OR REASONABLY ASSOCIATED WITH AGHNCUL IUITAL PRODUCTION. WATER HAS BEEN. AND CONTINUES TO BE, THE LIFELINE FOR THE AGRICULTURAL COMMUNITY. R IS UNREALISTIC TO ASSUME THAT DITCHES AND RESERVOIRS MAY SIMPLY BE MOVED 'OUT OF THE WAY' OF RESIDENTIAL DEVELOPEMEINI'. WEN MOVING TO THE COUNTY. PROPERTY Omen 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 01' FOUR THOUSAND (4,00M SQUARE MILES IN SEE (TWICE TI IE 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, AMOUTANCE, AND FIRE FIRE PROTECTION IS USUALLY PROVIDED BY VOLUNTEERS V.110 MUST LEAVE THEIR JOBS AND FAMILIES TO RESPOND 10 EMERGENCIES COUNTY GRAVEL ROADS. NO MATTER HOW OFTEN THEY ARE. BLADED. WILT 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 stvirou. DAYS AFTER A SNOWSTORM. SNOW REMOVAL PRIORITIES MEAN THAT ROADS FROM SUBDIVISIONS Ti) ARTERIALS MAY NOT BE CLEARED FOR SEVERAL. DAYS AFTER A MAJOR SNOWSTORM SERVICES IN RURAL AREAS. IN MANY CASES. WLL NOT HE 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 TYAN IN AN URBAN CR SUBURBAN SETTING FARM EQUPMENT AND OIL FIELD EQUIPMENT. PONDS AND IRRIGATION DITCHES. ELECTRICAL POWER FOR PUMPS AM) 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 PAPORTANT, NOT ONLY FOR THEIR SAFETY, BUT ALSO FOR THE PROTECTION OF THE FARMER'S LNELJHOOD SURVEYOR'S NOTES: I TI ITS SURVEY WAS PREPARED WITH THE BENEFIT OF STEWART TITLE COMPANY COMMITMENT FILE NO 293213, DATED OCTOBER 4.2018 AND DOES NOT COHSTRUTE A TITLE SEARCH BY THOMAS LAND SURVEYING. LEG. TO DETERMINE EASEMENTS OR TITLE OF RECORD. THOMAS LAND SURVEYING. LLC RELIED ON SAID COMMITMENT FOR ALL EASEMENTS AND RIGHTS -OF -WAY THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE 'TO THE SUBJECT REAL ESTATE' BUILDING SE IBACK LINES: RESTRICTIVE COVENANTS: SUBDIVISION RESTRICTIONS. ZONING OR OTHER LAND -USE REGULATIONS, AND ANY OTHER FACTS THAT SAID TITLE COMMITMENT MAY DISCLOSE. 2 ACCORDING ID COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN TIES SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COM9AENCEO MORE THAN TEN YEARS FROM I HE DATE OF 1 HE CER T IF ICATION SHOWN HEREON. 3. THIS SURVEY IS VALID ONLY IF- PRINT HAS ORIGINAL SEAL AND SIGNATURE OF SURVEYOR 4. ANY PERSON MID KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT AND/OR BOUNDARY MONUMENT OR ACCESSORY. COMMITS A CLASS TAW (2) MISDEMEANOR PURSUANT TO STATE STATUTE C R S SEC 18•+S0E. WHOEVER WILLFULLY DESTROYS DEFACES, CHANGES. OR REMOVES TO ANOTHER PLACE ANY SECTION CORNER QUARTER CORNER OR MEANDER POST. ON ANY GOVERMENT LINE OF SURVEY, OR WILFULLY CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE LINE OF A BENCH MARK OF ANY GOVERNMENT SURVEY. SHALL BE FINED UNDER THIS TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS. OR BOTH 18 U.S C. 1858 (20)9) 5 THE DISTANCE MEASUREMENTS SHOWN HEREON ME U.S SURVEY FOOT LEGAL DESCRIPTION (PROVAOED BY QUITCLAIM DEED RECORDED IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 4450180 AND RECORDED ON NOVEMBER J0. 2018) A PARCEL OF LAND BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6. TO'M4SIIP 7 NORTH, RANGE 66 WEST OE THE 6114 PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OE COLORADO, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 6 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6 TO BEAR NORTH 87'58'03' EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO. THENCE NORTH E7'SC03' EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION E A DISTANCE OF 2234.59 FEET; THENCE SOUTH 11'38'12' EAST A DISTANCE OF 2,71618 FEET' TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6: THENCE SOUTH 861-28'101 WEST A DISTANCE OF 3,129 07 FEET TO DIE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF MID SECTION 6. THENCE NORTH (0'01151' WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 2,654 06 FEET TO THE POINT OF BEGINNING. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 15338 ACRES. MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RIGHT'S -OF -WAY OF RECORD. PROPERTY OWNER'S CERTIFICATE I EVE) THE UNDERSIGNED, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPERTY DO HERESY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. I (WE) UNDERSTAND TI -US PROPERTY IS LOCATED IN THE AGRICU1.TURAI ZONE DISTRICT AND IS ALSO INTENDED TO PROVIDE AREAS FOR THE CONDUCT OF OTHER USES BY R 'H T . ACCESSORY SES. AND USES BY SPECIAL REVIEW ` RIGHT. PoA CEO MICHAEL K FREEMAN. TRUSTEE STATE OF COLORADO) )SS. COUNTY OF WELD ) C/O ,MVil4E FREEMAN (POWER OF ATTORNEY) THE E.(T',',ppiR��('+CERTIFICATION WAS ACKNOWLEDGED BEFORE ME. INS JL DAY OF INELEtEsItir.AD.20t8,B'vr mea Task MY COMMISSION EXPIRES 11D -- - 22 NOTARY PUBLIC WT NESS MY HAND AND SEAL TONYA JOHNSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 21)104042756 MY COMMISSION EXPIRES OCT. 7, 2022 DEPARTMENT OF PLANNING SERVICES ACCEPTANCE: THIS PLAT IS ACCEPTED ' ,D BY THE DEPARTMENT OF PLANNING SERVICES FOR FILING DLPAR SritThrWTBANNINirgr WCES STATE OF COLORADO) 55 COUNTY OF (MELD ) TI- - OIREGOI! CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS 14' DAY OF AD 2018. MY COMMISSION EXPIRES: io-7_ ZZ. NOTARY PUBLIC WITNESS MY HAND AND SEAL SURVEYOR'S CERTIFICATE: TONYA JOHNSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20104042756 MY COMMISSION EXPIRES CET. 7. 2012 I, ROBERT D THOMAS, A PROFESSIONAL LAM) SURVEYOR IN DIE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS RECORDED EXEMPTION WAS PREPARED BY ME, OR UNDER MY PERSONAL SUPERVISION. AND THAI IRIS PLAT TS AN ACCURATE REPRESENTATION THEREOF. BASED UPON MY KNOWLEDGE, INFORMATION ANTI BELIEF. I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT COMPLY VA IH ALL APPLICABLE RULES, REGULATIONS, AND LAWS OF THE STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS,AN() MID COUNTY, ANUISNOT AGUARANTY UR WART TTY EITHER EXPRESS OR IMPLIED i � D. rt>r.EA5 COLORADO PROFESSIONAL LAND SURVEYOR a38353 FOR AND ON BEHALF OF THOMAS LAND SURVEYING. LLC (fXYt /e /fi l we S, '0'PS*10— tninL1 AGE1OF2 PROJECT: 1809.019 - DRAWING: FREEMAN RECXI8-0131 RECORDED EXEMPTION NO. 0707-06-2 RECX18-0131 PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO GPAI�ERAm �g Ne, E61. BFINUAGAIG ANF. C[GPAINAiF. SYGt Y018wE9 RNT9lREEigO S1SI"'° -. 1ELEMWNCORI IDa-ORe PAGEIGPY GP.i�h1N0-. FG�GE[�S p EXHIBIT RE0212b13) 2 VICINITY MAP SITE. SEC 6, T7N. RG6W WCR 86 WCR 84 1 INCH - 2003 FEET PREPARED BY. THOMAS LAND SURVEYING. LLC. 2619 WEST 11TH STREET RD. SUITE 24 GREELEY,COLORADO 80634 TELEPHONE. ;970)304.0984 VACATION OF LOT D, RECORDED EXEMPTION N0. 0707-06-2 RECX1B-0131 PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO EASEMENT AND RIGHT-OF-WAY NOTES: ;PROVIDED BY STEWART TITLE COMPANY TITLE COMMITMENT FILE N0.293213, DATED OCTOBER 4 2316, AND RELIED UPON BY THOMAS LAND SURVEYING, LLC FOR EASE VENTS AND RIGHTS -OF -WAY OF RECORD) '3. RIGHT OF WAY FOR COUNTY ROADS 30 FEET WIDE ON EITHER SIDE OF SECTION AND TOWNSHIP LINES. AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY RECORDED OCTOBER It 1889 IN BOOK 86 AT PAGE 273. ;PLOTTED) 1c. RIGHT OF WAY FOR THE PIERCE LATERAL AS THE SAME IS ESTABLISHED AND OR USED.;NO RECORDED RIGHT-OF•WAY WAS FOUND - PRESCRIPTIVE RIGHTS MAY APPLY) 15. RIGHT OF WAY CONTRACT RECORDED OCTOBER 7. 1938 AS RECEPTION .NO.830050. MEMORANDUM OF PIPELINE LOCATION RECORDED JULY 16, 2010 AS RECEPTION NO. 3705826. (RIGHT-OF-WAY LIES IN THE NORTHEAST QUARTER OF SUBJECT SECTION 6 - NOT A PART OF THE SUBJECT PARCEL - NOT PLOTTED) 16. TRUST DECLARATION AND MINERAL DEED RECORDED DECEMBER 28. 1951 AS RECEPTION NO. 1121158. THE COMPANY MAKES NO REPRESENTATION AS TO THE PRESENT OWNERSHIP OF ANY SUCH INTERESTS. THERE MAY BE LEASES, GRANTS,EXCEPTIONS OR RESERVATIONS OF INTERESTS THAT ARE NOT LISTED. (NO RIGHT-OF-WAY OR EASEMENTS IN INSTRUMENT - NOT PLOTTED) 17, TRUST DECLARATION AND MINERAL DEED RECORDED JANUARY 7. 1957 AS RECEPTION NO. 1244806. THE COMPANY MAKES NO REPRESENTATION AS TO THE PRESENT OWNERSHIP OF ANY SUCH INTERESTS. THERE MAY BE LEASES, GRANTS,EXCEPTIONS OR RESERVATIONS OF INTERESTS THAT ARE NOT LISTED. (MINERAL RIGHTS NOT WITHIN THE SCOPE OF THIS SURVEY - NOT PLOTTED) 18. MINERAL DEED RECORDED AUGUST 31. 1961 AS RECEPTION NO. 1362880. THE COMPANY MAKES NO REPRESENTATION AS TO THE PRESENT OWNERSHIP OF ANY SUCH INTERESTS. THERE MAY BE LEASES, GRANTS.EXCEPTIONS OR RESERVATIONS OF INTERESTS THAT ARE NOT LISTED. (MINERAL RIGHTS NOT WITHIN THE SCOPE OF THIS SURVEY - NOT PLOTTED) 19. WATER PURCHASE AGREEMENT RECORDED DECEMBER 28. 1962 AS RECEPTION NO. 1397218. AMENDMENT RECORDED APRIL 15, 1968 AS RECEPTION NO. 1515305. (WATER RIGHTS NOT WITHIN THE SCOPE OF THIS SURVEY - NOT PLOTTED) 20. TRUST DECLARATION AND MINERAL DEED RECORDED OCTOBER 15, 1963 AS RECEPTION NO. 1419131. THE COMPANY MAKES NO REPRESENTATION AS TO THE PRESENT OWNERSHIP OF ANY SUCH INTERESTS. THERE MAY BE LEASES, GRANTS,EXCEPTIONS OR RESERVATIONS OF INTERESTS THAT ARE NOT LISTED. ;MINERAL RIGHTS NOT WITHIN THE SCOPE OF THIS SURVEY - NOT PLOTTED) 21. RIGHT OF WAY EASEMENT RECORDED JUNE 23, 1970 AS RECEPTION NO. 1549782. (INSTRUMENT DESCRIBES A RIGHT OF WAY FOR A WATER LINE. THE LEGAL DESCRIPTION OF THE WATERLINE IS VAGUE AND IS UNABLE TO BE PLOTTED - UNDERGROUND FACILITIES VAY EXIST - SEE INSTRUMENT FOR DETAILS - NOT PLOTTED) 22. OIL. GAS AND MINERAL LEASE RECORDED MARCH 24. 1971 AS RECEPTION NO. 1564426. AND ANY AND AL ASSIGNMENTS AND/OR INTERESTS THEREIN OR RIGHTS THEREUNDER. (LEASE ENCUMBERS THE EAST HALF OF THE SUBJECT NORTHWEST OLARTER OF SECTION 6 FOR THE PURPOSE OF INVESTIGATING. EXPLORING. PROSPECTING. DRILLING AND MINING FOR AND PRODUCING OIL GAS ETC. LAYING PIPE LINES. BUILDING TANKS. POWER STATIONS. TELEPHONE LINES AND OTHER STRUCTURES - BLANKET IN NATURE - NOT PLOTTED) 23. UNITED STATES PATENTS RECORDED AUGUST 11. 1917. AS RECEPTION. NO. 257231 AND APRIL 26, 1921, AS RECEPTION NO.804482 AND FEBRUARY 17, 1926. AS RECEPTION NO. 974482. ;PATENT AT REC. NO. 257231 RESERVES RIGHTS TO DITCHES, AND WATER RIGHTS - BLANKET IN NATURE - NOT PLOTTED) 24, EASEMENT RECORDED OCTOBER 24. 1975 IN BOOK 1669 AT PAGE 672 AND RE- RECORDED APRIL 3. 2012 AS RECEPTION NO.3836276. (PLOTTED) 25. CONTRACT AND GRANT OF EASEMENT RECORDED NOVEMBER 26, 1975 AS RECEPTION NO. 1675504. AMENDMENT RECORDED MARCH 11. 1976 AS RECEPTION NO. 1683285. (PLOTTED) 26. LAND PURCHASE CONTRACT RECORDED DECEMBER 5, 1975 AS RECEPTION N0. 1676229. (CONTRACT CALLS OUT LOT 1 OF THE SUBJECT SECTION - SAID LOT LIES WITHIN THE NORTHEAST QUARTER OF SUBJECT SECTION 6 AND IS NOT A PART OF THE SUBJECT PARCEL • NOT PLOTTED) 27. EASEMENT AGREEMENT RECORDED MARCH 6.1978 AS RECEPTION NO. 1745347, (EASEMENT LIES WITHIN THE NORTHEAST QUARTER OF SUBJECT SECTION 6 AND IS NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 28. RESOWTION RECORDED APRIL 13. 1979 AS RECEPTION NO. 1787354. (NOT A PART OF THE SUBJECT PARCEL- NOT PLOTTED) 29. AULT TELECOMMUNICATION SITE RECORDED .MAY 16. 1979 AS RECEPTION NO. 1790762. (NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 30. NON -DEVELOPMENT AGREEMENT RECORDED OCTOBER 2. 1979 AS RECEPTION NO. 1805020. ;NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 31. RULE AND ORDER RECORDED JULY 20 1981 AS RECEPTION NO.1863874. ;PLOTTED) 32. FLOWAGE CONTRACT AND GRANT OF EASEMENT RECORDED AUGUST 24. 1987 IN BOOK 1167 AT PAGE 1660 AS RECEPTION NO. 2111522. (NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 33. EASEMENT RECORDED DECEMBER 13. 1988 IN BOOK 1218 AT PAGE 1770 AS RECEPTION NO. 2164869. :NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 34. R.O.W. SURVEY RECORDED OCTOBER 9, 1990 IN BOOK 1278 AT PAGE 1771 AS RECEPTION NO. 2229626. (NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 35.. OIL AND GAS LEASE RECORDED DECEMBER 20. 1990 L\ BOOK 1285 AT PAGE 1237 AS RECEPTION NO. 2236461, AND ANY AND ALL ASSIGNMENTS AND/OR INTERESTS THEREIN OR RIGHTS THEREUNDER. (NOT WITHIN THE SUBJECT PARCEL • NOT PLOTTED) 36. GRANT OF EASEMENT AND EASEMENT AGREEMENT FOR TRANSMISSION FACILITIES RECORDED DECEMBER 1 2305 AS RECEPTION NO. 3438989. (NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 37. RIGHT-OF-WAY EASEMENT RECORDED DECEMBER 27.2006 AS RECEPTION NO. 3443983. ;GRANTED TO POUDRE VALLEY RURAL ELECTRIC ASSOC. AND BEING 10 FEET EACH SIDE OF POWER POLES. AS CONSTRUCTED PER WORK ORDER 1281827. POLES LIE WITHIN THE PUBLIC RIGHT OF WAY- NOT PLOTTED) 38. OIL AND GAS LEASE RECORDED OCTOBER 31.2037 AS RECEPTION NO. 3514506. AND ANY AND ALL ASSIGNMENTS AND/OR INTERESTS THEREIN OR RIGHTS THEREUNDER. ASSIGNMENT RECORDED MAY 12, 2008 AS RECEPTION NO.3553625. (NOT WITHIN THE SUBJECT PARCEL - NOT PLOTTED) 39. EASEMENT AND RIGHT-OF-WAY AGREEMENT RECORDED JULY 28.2011 AS RECEPTION NO.3702817. (PLOTTED) 43. OIL AND GAS LEASE RECORDED JULY 3.2013 AS RECEPTION NO.3945329. AND ANY AND ALL ASSIGNMENTS AND/OR INTERESTS THEREIN OR RIGHTS THEREUNDER. (NOT A PART OF THE SUBJECT PARCEL - NOT PLOTTED) 41. REQUEST FOR NOTIFICATION OF APPLICATION FOR DEVELOPMENT RECORDED JULY 12.2016 AS RECEPTION NO. 4218393. (NOT WITHIN THE SCOPE OF THIS SURVEY - NOT PLOTTED) 42, POSSIBLE EASEMENTS FOR SUP -392 POWER LINES 345 KV AND USR-1183 GAS LINE AS DISCLOSED BY WELD COUNTY. COLORADO ASSESSORS OFFICE PARCEL NO. 073706000033. (PLOTTED) SURVEYOR'S NOTES: 1. THIS SURVEY WAS PREPARED WITH THE BENEFIT OF STEWART TITLE COMPANY COMMITMENT FILE NO. 293213, DATED OCTOBER 4, 2018 AND DOES NOT CONSTITUTE A TITLE SEARCH BY THOMAS LAND SURVEYING LLC. TO DETERMINE TITLE OF RECORD. THOMAS LAND SURVEYING. LLC RELIED ON SAID COMMITMENT FOR ALL EASEMENTS AND RIGHTS•OF-WAY IN ADDITION TO PERFORMING A SEARCH OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER FOR ANY EASEMENTS AND RIGHTS -OF -WAY, RECORDED AFTER THE RECORDING OF THE SUBJECT RECORDED EXEMPTION P.AT. THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOY/ING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE BUILDING SETBACK LINES. RESTRICTIVE COVENANTS; SUBDNISION RESTRICTIONS. ZONING OR OTHER LAND -LSE REGULATIONS; AND ANY OTHER FACTS THAT SAID TITLE COMMITMENT WAY DISCLOSE. 2. ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER VOL FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY AV/ACTION BASED LPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN 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 AND/OR BOUNDARY MONUMENT OR ACCESSORY. COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE C.R.S. SEC 18.4.500, 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 ANY GOVERNMENT SURVEY. SHALL BE FINED UNDER THIS TITLE OR IMPRISONED NOT WORE THAN SIX MONTHS, OR BOTH. 18 U.S.C. 1958 (2009). 5. THE DISTANCE MEASUREMENTS SHOWN HEREON ARE U.S. SURVEY FOOT. 6. THE PROVIDED LEGAL DESCRIPTION IS PROVIDED BY A BARGAIN AND SALE DEED RECORDED NOVEMBER 19, 2020 AT RECEPTION NO. 4653012. SAID DEED CALLS OUT 'LOT D OF RECORDED EXEMPTION NO. 0707-06-2 REGX18.1031'. THE LEGAL DESCRIPTION SHOULD BE CALLED OUT AS LOT D OF RECORDED EXEMPTION NO. 0707-06-2 RECX18-0131'. ITAPPEARS THAT THE CALL OF •RECX16.1031' IS A SCRIVENERS ERROR AND SHOULD BE CALLED OUT AS'RECX1O.013r. SURVEYOR'S CERTIFICATE: I ROBERT D. THOMAS. A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO. DO HERESY CERTIFY THAT THIS VACATION PLAT OF LOT D. RECORDED EXEMPTION NO. 3707.06.2 REGX18-0131 WAS PREPARED BY WE. OR UNDER MY PERSONAL SUPERVISION. AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. BASED UPON MY KNOWLEDGE, INFORMATION AND BELIEF. 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 D. THOMAS COLORADO PROFESSIONAL LAND SURVEYOR #38353 FOR AND ON BEHALF OF THOMAS LAND SURVEYING. LLC DATE LEGAL DESCRIPTION - PROVIDED ;PROVIDED BY BARGAIN AND SALE DEED RECORDED NOVEMBER 19.2023. AT RECEPTION NO. 4853312) LOT D OF RECORDED EXEMPTION A0.0707-06-2 RECX18-1031. ACCORDING TO THE PLAT RECORDED ON DECEMBER 14.2018 AT RECEPTION NO. 4453710 IN THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER, BEING A PART OF THE NORTHWEST QUARTER OF SECTION S. TOWNSHIP 7 NORTH. RANGE 66 WEST OF THE 6TH P.M.. COUNTY OF WELD. STATE OF COLORADO. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 124.15 ACRES. WORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. (SEE SURVEYORS NOTE 46) LEGAL DESCRIPTION - RESULTANT A PARCEL OF LAND BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 7 NORTH. RANGE 56 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 NORTHWEST OUARTER OF SAID SECTION 6, AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6 TO BEAR NORTH 00'01'51' WEST WITH ALL BEARINGS HEREIN RELATIVE THERETO: THENCE NORTH 87'56'03' EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6. A DISTANCE OF 891.70 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87'56'03' EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 1,342.83 FEET. THENCE SOUTH 11'38'12' EAST A DISTANCE OF 2,716.16 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6: THENCE SOUTH 89'28'10' WEST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6. A DISTANCE OF 3.129.07 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 6: THENCE NORTH 00.01'511 WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION E. A DISTANCE OF 1.253.07 FEET: THENCE NORTH 66.5055' EAST A DISTANCE OF 448.80 FEET. THENCE SOUTH 76.157155- EAST A DISTANCE OF 669.06 FEET: THENCE NORTH 08'4657' WEST A DISTANCE OF 745,87 FEET. THENCE NORTH 02'00'40' WEST A DISTANCE OF 14454 FEET: THENCE NORTH 05.4053' WEST A DISTANCE OF 53675 FEET TO THE POINT OF BEGINNING. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 124.15 ACRES, MORE OR LESS. AND IS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PROPERTY OWNER'S CERTIFICATE I AWE). THE UNDERSIGNED. BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPERTY DO HEREBY PARTIALLY VACATE THE LAND DIVISION PLAT OF RECORD. NOW RECOGNIZED AS AN UNPLATTED TRACT OF LAND. MST FARMS. LLC BY: MICHAEL K. FREEMAN STATE OF COLORADO) ) SS. COUNTY OF WELD ) THE FOREGOING CERTIFICATION WAS ACKNOW_EDGED BEFORE ME THIS DAY OF , A.D. 2022. BY IMY COMMISSION EXPIRES: NOTARY PUBLIC WITNESS MY HAND AND SEAL BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: THIS VACATION PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY. STATE OF COLORADO. WITNESS MY HAND AND THE CORPORATE SEAL OF WELD COUNTY THIS _ DAY OF . 2022. CHAIR. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY CLERK TO THE BOARD BY: DEPUTY CLERK 10 THE BOARD DATE PAGE 1 PREPARED JUNE E. 2022 PROJECT: 1609.019 DRAWING FREEMAN LOT D RECXIB-0'31 VACATION VACATION OF LOT D, RECORDED EXEMPTION NO. 0707-06-2 RECX18-0131 PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO 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: July 13, 2022 TIME: 9:00 a.m. APPLICANT: MST Farms, LLC do Michael Freeman 13377 County Road 84 Ault, Colorado 80610-9705 REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX18-0131, for Removal of Lot D LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX18-0131; being part of the NW1/4 of Section 6, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 86; east of and adjacent to County Road 25 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 1, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX18-0131 • Owner MST FARMS, LLC PETER FREEMAN Address 13377 COUNTY ROAD 84 13377 COUNTY ROAD 84 City AULT AULT State Zip CO 80610-9705 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, RECX18-0131, in the United States Mail, postage prepaid First Class Mail as listed above. ati Lai all U" C3 C3 rR O de Dated the 1st day of July, 2022. t its Janet M. Warwick Deputy Clerk t. the Board For -delivery inforii ation, visit our website at www.usps.com®. zx .ct 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 Sent To I, Street ant City, Sta 1 Postmark Here g.isstP P 11 Box rc PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions J U) Z El E 2 a-0 0 cu 13 ID i O CD >' 2 ®CD sr. 2 76 2 2 I 5 o u j c c UU0 m2 ci) u aits •L -�.�aa CC C W co cc DOD DO a) co Fas 0= (O C Oil ❑ 0) 0 13 cv CC 0 C) 2 CC O =tt <000 ❑❑❑❑ as cb 115 aha aPro.48 rps - 0 U ell 0 C) 0 75 cc ®ro ieo o--� 0 s ❑C o 13 o c -Q11 -130 N 'o � • c E c p�� (Ld N 0 Q >s ctj E OD. in II a0 2- E 9- 0 0 0 CtS cn 4.0 ac 0 icle Addressed to: o rya cres- F. • w, C SIM to rR Lin rR N co U') cs C 1 C co z 0 01/49 ru rag Ln Er CD ul U.S. Postal Service CERTIFIED MAILP RECEIPT Domestic Mail Onl y For delivery information, visit .our. web ite at www.usps..com®. r,� 41.1 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 7 i Postmark Here ripra mit .1?) Box No. "--s, E"'a 11.1 nti qr705 PS Form 380O, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION ■ Complete items 1, 29 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: ,11111 35 11 77 g 4-- go,ii- q7D3 I 9590 9402 6749 1074 1345 87 9_ Artinln Numher (Transfer from service label) 7017 1450 0000 96? 1821 -e� S e 61.5 17 COMPLETE THIS SECTION ON DELIVERY A. Signature • LinCL, Bi Agent ❑ Addressee B, Received by (Printed Name) (-76/11 e s k11 Co Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: O No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Mail lO} vial! Restricted Delivery ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Signature Confirmationni ❑ Signature Confirmation Restricted Delivery PS Form 38119 July 2020 PSN 7530002-000-9053 • Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/22/2022 3:50:55 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 Date Property Owners Within 500 Feet of Parcel # 070706200013 Account Parcel Owner Mailing Address R0689486 055331000004 BROWN JANICE R0689486 055331000004 RC LAND I N C (1/2 INT) R0689486 055331000004 BROWN DUANE 13415 PIERCE, COUNTY CO 806509308 ROAD 88 R0709586 070501000009 UHLIR LI R ANNE B 521 SEATTLE, 15TH AVENUE WA 981124512 EAST R0709686 070501000010 DAVID L DRAKE TRUST R0709686 070501000010 LINDA D BLEHM 10010 AULT, HIGHWAY CO 806109720 14 TRUST R0761286 070706000003 BAIAMONTE MARY K 41818 AULT, COUNTY CO 806109734 RD 25 TRUST R0761586 070706000005 BAIAMONTE MARY K 41818 AULT, COUNTY CO 806109734 RD 25 TRUST R8957398 070706100014 MST FARMS LLC 13377 AULT, COUNTY CO 806109705 ROAD 84 Parcels: 10 Owner Records: 13 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/22/2022 3:50:55 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. b Signature Date Property Owners Within 500 Feet of Parcel # 070706200013 Account Parcel Owner Mailing Address R8957394 070706200010 MST LLC 13377 COUNTY ROAD 84 FARMS 1,(''.4' . AULT, 806109705 CO R8957396 070706200012 MST FARMS LLC 13377 COUNTY ROAD 84 ' AULT, CO 806109705 R8957397 070706200013 MST FARMS LLC 13377 COUNTY ROAD 84 4; L AULT, 806109705 CO R8948952 070706400026 MCCRERY MICHAEL J 1719 E MULBERRY ST FORT COLLINS, CO 805243523 Parcels: 10 Owner Records: 13 Page 2 of 3 w A LD Cl ADM/ UNTY C ()RADIO F 0NTERESTED I' S U ND REC• RDS AND OWNERS FACE ESTATE 6/22/2022 3:50:55 PM THE UNDERS GNr J, Sates that to The best of Hs or her kni:;w edge the attached list is a Yue and accurate list of the names, addresses, and the corresponding Parce dentification Number assigned by the Weed County Assessor or th :.:. owners of she property (the sit, rfac-j estate) within 500 feet of the property being considered. This Dis was compiled uti izing the records • the We d County Assessor availbile on the Weld County 0nterne1 Mapping site, http://www.co.we d.co.us, anc has rot beer mocified from the prig na . Tie list cornpiDed for the records of the Weld County Assessor was ssembDec within thirty days ox he apphicatiors submission data (#1 Property Own rs Parce Wi kiln 500 10 Feet of Parcel # 070706200013 Owner Records: 13 Date Sign I1 to re Page3o 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 D OF RECX18-0131 S 6 T 7 R 66 Complete Vacation (must include all lots) nPartial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number Acreacie Affected Easements D 070706200013 124 NONE PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: MICHAEL FREEMAN Company: MST FARMS LLC Phone #: 970-371-5758 Street Address: 13377 CR 84 Email: mfreeman@j9crop.com City/State/Zip Code: AULT, CO 80610 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent) Name: Company: Phone #: Street Address: Email: City/State/Zip Code: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation_ I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or subdivision exemption. Signature: Owner or Authorized Agent MICHAEL K.FREEMAN Date Signature: Owner or Authorized Agent Date Prin₹: Owner or Authorized Agent Print: Owner or Authorized Agent 7/20/2021 4653012 11/19/2020 03:02 PM Total Pages: 5 Rec Fee: $33.00 Carly Koppes - Clerk and Recorder, Weld County, CO BARGAIN AND SALE DEED THIS DEED, made this 25 -1 -day of September, 2020, between Jacque Iaiamonte and the Mary K. Balamonte Trust, created by that certain Trust Agreement dated September 8, 1995, Grantors, and MST Farms, LLC, a Colorado limited liability company, Grantee, whose principal address is 13377 CR 84, Ault, CO 80610; WTTNH SSETH, That Grantors, for and in consideration of Ten and 00/100 Dollars, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have remised, released, sold, and conveyed, and by these presents do remise, release, sell, and convey unto Grantee and Grantee' s successors and assigns, forever, all the right, title, interest, claim, and demand which Grantors have in and to the real property, together with improvements, if any, situate, lying, and being in the County of Weld and State of Colorado, described as follows: SEE EXHBIT A, attached hereto also known by street and number as: Various Parcels. TO HAVE AND TO HOLD the same, together with all and singular- the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of Grantors, either in law or equity, to the only proper use, benefit and behoof of Grantee and Grantee's successors and assigns forever. IN WITNESS WHEREOF, Grantors have caused this deed to be executed on the date set forth above. Mary K. Baiamonte Trust, created by that certain Trust Agreement dated September 8, 1995 By Michael K. Freeman, Trustee By Steven A. Freeman, Trustee 4653012 11/19/2020 03:02 PM Page 2 of 5 STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 2S- day of September, 2020, by Jacque Baiamonte. Witness my hand and official seal. My commission expires: kj, \f i 2013 Notary Public MICHELE CHRISTENSEN NOTARY PUBLIC STATE OF COLORADO STATE OF COLORADO NOTARY ID 20154026088 MY COMMISSION EXPIRES JULY 1, 2023 The foregoing instrument was acknowledged before me this 25` day of September, 2020, by Michael K. Freeman, as Trustee of the Mary K. Baiamonte Trust, created by that certain Trust Agreement dated September 8, 1995. ) ss. COUNTY OF WELD Witness my hand and official seal. My commission expires: j,\,1 1 2623 Notary Public MICHELE CHRISTENSEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154026088 MY COMMISSION EXPIRES JULY 1, 2023 2 4653012 11/19/2020 03:02 PM Page 4 of 5 EXHIBIT A (Legal Description) Parcel 1: Lot A of Recorded Exemption No. 0707-06-2 RECX18-1031, according to the plat recorded on December 14, 2018 at Reception No. 4453710 in the records ofthe Weld County Clerk and Recorder, being a part of the NW %4 of Section 6, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado (APN: 070706200010) Parcel 2: Lot C of Recorded Exemption No. 0707-06-2 RECX18-1031, according to the plat recorded on December 14, 2018 at Reception No. 4453710 in the records ofthe Weld County Clerk and Recorder, being a part of the NW '/4 of Section 6, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado (APN: 070706200012) Parcel 3: Lot D of Recorded Exemption No. 0707-06-2 RECX18-1031, according to the plat recorded on December 14, 2018 at Reception No. 4453710 in the records of the Weld County Clerk and Recorder, being a part of the NW '/4 of Section 6, Township 7 North, Range 66 West of the 6"' P.M., County of Weld, State of Colorado (APN: 070706200013) Parcel 4: THE NORTH 'A OF SECTION 6, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPT A PARCEL OF LAND BEING A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 6 AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6 TO BEAR NORTH 87°56'03" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; 4 4653012 11/19/2020 03:02 PM Page 3 of 5 STATE OF 'ow Gt COUNTY OF Ste`' -7 ) ) ss. The foregoing instrument was acknowledged before me this 41 day of September, 2020, by Steven A. Freeman, as Trustee of the Mary K. Baiamonte Trust, created by that certain Trust Agreement dated September 8, 1995. Witness my hand and official seal. My commission expires: /a- ay -.7O.x1 AMY DENNIS Commission Number 814400. My Commission Expires 1.1-aq-.?021 3 Notary Pu 4653012 11/19/2020 03:02 PM Page 5 of 5 THENCE NORTH 87°56'03" EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 2, 234.59 FEET; THENCE SOUTH 11°38'12" EAST A DISTANCE OF 2,716.16 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE SOUTH 88°28'10" WEST A DISTANCE OF 3,129.07 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE NORTH 00°01'51" WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 2,654.05 FEET TO THE POINT OF BEGINNING. AND EXCEPT THAT POTION CONVEYED TO THE UNITED STATES OF AMERICA IN GENERAL WARRANTY DEED RECORDED FEBRUARY 18, 1976 AS RECEPTION NO. 1681489. AND EXCEPT THAT PORTION CONVEYED TO TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. BY WARRANTY DEED RECORDED MARCH 6, 1978 AS RECEPTION NO. 1746348. (APN: 070706100014) 5 DEPARTMENT OF PLANNING SERVICE RECORDED EXEMPTION ADMINISTRATIVE REVIEW Parcel ID #: Applicant: Legal Description: Lot A Size: Lot C Size: Water Source: 0707-06-0-00-033 Case # RECX18-0131 Planner: Michael Hall Mary K. Baiamonte Trust c/o Michael K. Freeman as Trustee and Jacque Wilson Baiamonte c/o Janine L. Freeman and Michael K. Freeman as Power of Attorney Being a part of the NW4 of Section 6, T7N, R66W of the 6th P.M., Weld County, CO +/- 1.27 acres +/- 25.04 acres Lot A: Shared NWCWD Tap # 841 Lot B: Proposed NWCWD Tap Lot C: Shared NWCWD Tap # 841 Lot D: Proposed NWCWD Tap Lot B Size: Lot D Size: Sewer System: +/- 2.92 acres +/- 124.15 acres Lot A: Septic # SE -1800029 Lot B: Proposed Septic Lot C: Septic # SE -1800030 Lot D: Proposed Septic Yes No x Criteria Checklist 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4 Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Narrative: The proposed application seeks to split a portion of an existing 282 acre parcel via a four -lot recorded exemption. The western portion that will undergo the recorded exemption is approximately 153 acres. The eastern portion that will be excepted from the recorded exemption is approximately 129 acres. A new deed shall be created and recorded in order to document the metes and bounds legal description of the excepted parcel. 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. RECX18-0131 Page 1 of 6 2. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 4. Prior to recording the plat: A. A licensed surveyor shall prepare a new deed that describes the metes and bounds legal description of the excepted (eastern) portion of the parent parcel. The deed shall be recorded in conjunction with RECX18-0131. B. All septic systems must be located on their respective lots and meet all lot line set back requirements. The applicant shall submit a sketch of the existing septic system in relation to the proposed lot line to the Weld County Department of Public Health and Environment. C. Lots A, B and C shall comply with the one (1) acre net minimum lot size required by Section 24- 8-40.L of the Weld County Code. Net acreage calculations should not include future road right- of-way. D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.8 of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. 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. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0707-06-2 RECX18-0131 B. Show and label the preliminarily approved access point(s) and the usage. C. County Road 25 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) 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. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. D. County Road 86 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) 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. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. RECX18-0131 Page 2 of 6 E. Show the floodplain and floodway (if applicable) boundaries on the plat. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number and/or appropriate study. 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. 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) The property owner shall control noxious weeds on the site. 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 7) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 8) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 9) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -1205E and 1225E dated January 20, 2016 (Coalbank Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory RECX18-0131 Page 3 of 6 Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 12) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 13) The installation of any septic system within the 100 -year flood plain shall comply with the Weld County O.W.T.S. flood plain policy. In accordance with the State of Colorado O.W.T.S. Regulations, no septic system shall be installed within the floodway. 14) 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. 15) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots B and D have an adequate water supply of sufficient quality, quantity and dependability. 16) Lot A and Lot C may share a North Weld County Water District water tap #841. Upon conveyance of Lot A or Lot C of RECX18-0131, NWCWD requires that any future owner purchase a separate water tap and the shared water tap shall no longer be shared in accordance with the NWCWD Water Restriction Agreement. 17) 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. 18) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 19) 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. 20) Potential Purchasers are hereby notified that 345 kV transmission lines are permitted by SUP -392 and are located on the proposed Recorded Exemption lots. 21) 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 RECX18-0131 Page 4 of 6 geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 22) 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. 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. RECX18-0131 Page 5 of 6 7 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 9. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. /// /1„, By: Date: 10/23/2018 Michael Hall, Planner I RECX18-0131 Page 6 of 6 Hello