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Home My WebLink About20221022.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX19-0112, FOR REMOVAL OF LOT D - COBRA VENTURES, LLC, C/O MICHAEL MCCRERY 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 17, 2019, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX19-0112, and WHEREAS, the Board has received a request from the current property owner, Cobra Ventures, LLC, c/o Michael McCrery, 1719 East Mulberry Street, Fort Collins, Colorado 80524, to vacate Lot D of Recorded Exemption, RECX19-0112, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX19-0112; being part of the N1/2 of Section 22, Township 9 North, Range 64 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Cobra Ventures, LLC, c/o Michael McCrery, for Partial Vacation of Four -Lot Recorded Exemption, RECX19-0112, 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. 4817801 Pages: 1 of 2 04/11/2022 02:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO NM. . Milk 11I II 1 Cc•.PL(TP/MIN), APPi... y/19 /22 2022-1022 RECX19-0112 PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX19-0112, FOR REMOVAL OF LOT D - COBRA VENTURES, LLC, C/O MICHAEL MCCRERY PAGE 2 2. As described in Section 24-11-50.G of the Weld County Code, the applicant shall provide proof that any easement holders' interests have been satisfied. 3. The applicant shall create a new 30 -foot access and utility easement by separate document to ensure Lots A and B of RECX19-0112 still have an adequate access. This agreement will need to be signed by all owners that currently benefit from the easement. 4. The applicant shall create a new 50 -foot access and utility easement by separate document to ensure Lot C of RECX19-0112 still has an adequate access. This agreement will need to be signed by all owners that currently benefit from the easement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELDDICOUNCOLORADO ATTEST: j : A Weld County Clerk to the Board County Attorney Date of signature: y/7/?..2 4817801 Pages: 2 of 2 04/11/2022 02:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Scott K. James, Chair Mian, Pro -Ter — 2022-1022 RECX19-0112 1111 I rilMtII giliV1101,1,111iliN 11111 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: From: Subject: Partial Vacation of RECX19-0112 Hearing Date: April 4, 2022 Owners: Cobra Ventures, LLC, c/o Michael McCrery Legal Description: Lot D Recorded Exemption RECX19-0112; being a part of the N2 of Section 22, T9N, R64W of the 6th P.M., Weld County, CO Location: Approximately 1.30 miles south of County Road 106; west of and adjacent to County Road 57 Parcel Number: 0459-22-2-00-025 Total Parcel Size: +/- 120.03 acres Zone District: A (Agricultural) Summary: Weld County Board of County Commissioners Maxwell Nader, Planner Cobra Ventures, LLC, c/o Michael McCrery requests to vacate Lot D, being the largest lot of Four -Lot Recorded Exemption RECX19-0112, recorded January 29, 2020, reception #4562422. This partial vacation of Lot D of RECX19-0112 would result in an approximately 120 acre unplatted parcel. Lots A, B and C of RECX19-0112 are not a part of this action. Lots A and B do utilize a 30' access and utility easement created by RECX19-0112 and Lot C does utilize a 50' access and utility easement created by RECX19-0112. Therefore, the applicant will need to create two new access and utility easements by separate document to ensure Lots A, B and C of RECX19-0112 still has adequate access. This agreement will need to be signed by all owners that currently benefit from the easement. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10.A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50.A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter (Exhibit B) and the draft vacation plat map (Exhibit C). Section 24-11-50.B of the Weld County Code, allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 2022-1022 4/04 Vacation of RECX19-0112 I Cobra Ventures, LLC, c/o Michael McCrery RECX19-0012 Page 1 of 2 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 condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. B. The applicant shall create a new 30' access and utility easement by separate document to ensure Lots A and B of RECX19-0112 still have an adequate access. This agreement will need to be signed by all owners that currently benefit from the easement. C. The applicant shall create a new 50' access and utility easement by separate document to ensure Lot C of RECX19-0112 still has an adequate access. This agreement will need to be signed by all owners that currently benefit from the easement. Exhibits: A: RECX19-0112 Plat B: RECX19-0112 Staff Comments C: Vacation Request Letter D: Draft Vacation Plat Vacation of RECX19-0112 I Cobra Ventures, LLC, c/o Michael McCrery Page 2 of 2 February 25, 2022 Weld County Planning Department Attn Michael Hall 1555 N 17th Ave Greeley, CO 80631 Michael, I am writing to request the vacation of Lot D Recorded Exemption No 0459-22-2 RECX19-0112 which is located in the North Half of Section 22, Township 9 North, Range 64 West of the 6th P M There are no improvements on Lot D of this recorded exemption although houses are being built on Lots A & B I would like to remove the 50' Access and Utility Easement that is on Lot D at the southern edge This easement only effects lot D and does not really serve a purpose at this point The purpose of vacating Lot D is so that the acreage is not platted and can be divided into 35 acre parcels No easements or rights -of -way utilized by Lots A, B or C will be affected as a result of this Lot D being vacated The access points for Lots A, B & C of this Recorded Exemption will remain the same Any parcels that are created on the land that is currently Lot D will have new access points Please feel to free to reach out with any questions, I can be reached at 970-214-7162 Sincerely, yin C°11fili Michael McCrery, Manager Cobra Ventures, LLC fan AP.46,1",".... VACATION OF LOT D OF RECORDED EXEMPTION NO 0459-22-2 RECX19-0112 BEING LOCATED WITHIN THE NORTH ONE—HALF OF SECTION 22 TOWNSHIP 9 NORTH RANGE 64 WEST OF THE SIXTH P M COUNTY OF WELD STATE OF COLORADO 1 (HERD mart swear vvom HERIM ANC 701 I0 suer 0 ROam Nam C05M02 01 .Rollo • Nnum rove We .ION 462 210TH eN ti ].Tor GRAPHIC SCALE N 895803 E ]90413 VACATED PARCFI INTITAIMM LOT 0 VA.. CM BY RESCUE!. Na fax]-_ OOrE BOARD OF COnily CVRnSSMERS O NaCOUNTY HESOLUTIOI RECORDED AT RECEPTION NO _ _ CR 104 _ %SITE%// /iii SEC 22 T9N R64W No U VICINITY MAP i N erSror nn is NANO 115 A.m. CAP IIiamT PL5 loess VACATED PARCEL DESCRIPTION, (FORIwEY Roam a LOT 0 REM, 0112) a l eA ON py 00/2 1 a, Is i r Ca ne 7 Y e. m R part WW44. ee..se °� I I e NEI/4 2 I See. 22 2 4,22.2s aati ia"'luollninDii �u o w e Sea sra.m cw :e x.0 Deg m 5 Al IN. E I I/A .e. a . a S.am 22 A.A. 0 71 243550 1 el am9 II.. S.M IN a U. NIT�A a .e sermon, 234 C. 7 I/. .`I, the SoA0aw 711/C a 20 f 300 22 la Me 1/A Pm. 4 SAM. 022] ROOTS +� 21 To.e• 10750 OJT 1 OBRA IS .1 I ':' .' e Vol A RmnS-51u to 12.451 1 1 a9 I7 A. Ile. A B M5C REM, 0112 to. 15800 1 E. flat M 1 mar or C RECUT, 5 I21 Therm.epot I2 0V 10en 0 io°o l:n IM al 9 u. tin Yea Vr NEI//4R I es Lon tit u. Parr OF BEONNNG C 1 m 12002 A... (beet) m.. MI MM. 07 Uu. Sun'.2 S 5931503 wA SR3 fa3 SOW C1/4 COINER 22 TIN Pule 1.10 RLS mans PROPERTY OWNER S TI N('PICATF I ME UNDERSIGNED BEING ME SOIL DINER IN EC or ME HEREON Ora P¢Om0OPNOM PR 00 MMED7 4(134111 0[016 ME UN0 022100 PUT Ecacxam As w URRArtm TRAcr o lARo DINER COMA VENTURE! LEO A COLORADO UNTIED U TIU Y Gox4Nrt BY nbAEE J OaOmEY BENDER I Sr•E or cacao° COUNTY 01_)55 245 r°RECO 0 0(01015210. R 05YM1E01000 057000 225 004 I0•KnTumS I I I W.! MT HAND AND OTOAL SFAL NaiwY R1eUt COMASSw ENRME! S S H 115102. f 12,12.00. 1.014, L1L-�49LR 24em N IMO 3T E ]Jel2ee 00 Ort .103:111 0.P 02AAmr R,1;:; H IC I A poem CL�e e2S5501 R 053100 Aa/ SURVEYORS NOTES 001 0x¶µ OR E.rEN010 VZTA BEIONO M•i SOR "47.7,n% r°R WENDED MD NAT NOT BE USED BY INS Pins OMER MAR HOSE 10 mIw IT IS CERTIFIED If y r :°E]DO. a Ra3""L%'°"mnRCMr�wsMbi HmlisErrtcmE OPERTY NO TIRE SEIIRM FORM USIRO ENCIREIRMICES Or MNPA RONTS-0,AND EXCLRD FOR . MICE] Or PRIOR° FOR MS PROPLIITT WAS PERroMm BY EDY°NDS LAND SURFEIT. MC 11 11ANY DE ro c 345 SUR. wf°DMNOSTI °dQ°O EARS ANT LEGAL nnRRST MID OSCCa5A S°UUCHE DEFECT IM O CANT NW AM ACTION BASED DPW ANY OMR uRvR COMMONR➢ INO6 OAR TEN WARS FROM ME CAM OE sHOeR HEREON ?UV,. LrIN.E4 UNIT OF MUSWpENT FOR 116 SURVR OF THIS PROPERTY O US 4) DAM at HARMER BEARINGS FOR THIS SURVEY ARE BASED ON ME UST U ME x ntSr OWE-GUARER ( W NUN°Q EC 04 MENTS AS SHOO. ND ME STEM P Y BN SAO ENO ]BE MS SCOIIS KINMONG • CRIO 52IRRO ON ME COLORADO SIAM RARE OCOORDINAAE SEEM � NORM IONS MWISN/]011 5) TT. CROSS AREA i Kamm DAr R INCLUDED M ME YFOR COUNTY ROAD 57 TH E ]CET ARIA USED ODES NOT INCUICE COWRY ROAD PO TO. nmA THE JO ICC (WU) REM -OS RAT or sw (I/O 02 CAP INNVIENT PL5 7.2•1 WC SURVEYOR S CERTIFICATE ROBERT Y [CACAOS • PROFESSIONAL IAN° 50RVROR IN ME STATE or COLORA00 DO HEREBY CERTIFY THAT THIS SURVEY REPRESENTED BY THIS PLAT INS ACCURATE REPRESENTATIONTHERER EOFPERSONAL SUPERVISION FURTHER CERTIFY HAT THIS MAT M[ SURVEY AND MS EfATEP41 OF COOiORRAA°OS° STATE ALL °P REEcsTR°RAT mo ° S REGULATIONS AND LA. °E ME ENGINEERS AR° PROTESOO & WRl SLIME.. 0 0e9E01 O EO2GNOS PES 319 GE ROi4R0 OF COUNTY COMMISSIONERS APPROVAL THIS ML VACATION RAT IS APPROVO BY ME BOND OF COUNT/ COMMISSIONERS Or ROD COUNTY COLCRA°O FITNESS NR HAND AND ME CORPORATE SEAL Or elm COUNTT DAS DAY CHAR BOND Or COUNTY COMASSONUS ATTEST MOB COUNTY CLOW TO M[ BOMm AR DATE DECIER. T° ME BOARD DEPUTY H S H F V �SU 2505 o O L�w gg IcO REC.13 0172 PROJECT NO RIS 22-0162 RECORDED EXEMPT/ON No. 0459-22-2 RECX/9-0//2 BEING LOCATED WITHIN THE NORTH ONE-HALF OF SECTION 22 TOWNSHIP 9 NORTH RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO SHEET 1 OF 2 CR 104 /////D// SIC T9N 22 564W h U MAT:MAP i .Eaar .1 PROPERTY ORNERY IWT71N'11C 1 THE RI FEET Eva[KIsp NORM ATTACHED tP°W I LITI T MS PPRropOT 6 UEATEC IN AN ACIKLLIURN. $OXC OSTRNT AND R ALSO MENDED TO PROMS AREAS FOR OLNHE CNCT OF OTHER ED BY RCM ACCESSORY V4AND D USES BY ML OMER CORM MINKS LLD - WM.& x SNORER/ a KUSER YIClx tCI [YIA[C7ia1 EE,IE'{�OW STATE OF COta.m )) ss =MT qOF 9L/Eii7 ,IFF=NESS NY HARD NOTARY PUBLIC t ,] LWttSSON OAPA I °� o00o,c cO OLD iOOsl t, EASEMENT .�mi DEDICATION ERTIFICATE DEMOB OT T A INE PERS.= MOON PLAT F IL reOPTIFTES Pare OR HOT ,.E PUGma Iche McLuglNCH. J WORMY a icl1 ' rBCERTFG0. Troa.INIORLEDGED BEFORE N Da de..G NTINESS Y MP AND OFncw, ur`DONR5sw WIRES WC/ap A PARCEL Of LAN SITUATED11 THE WON ONE -Hoar Or SECTION �] TO. SEP lj TN RANGED RE or THE ant PIE COUNTY OF WELD COLORADO BD AmcuuaLY DE M.) AS F WNS OF CO OICw0 AT ME NORTHEAST CORNEA SW SECTION 9 THENCE SOOIOOaw 154. b FEET ALONG SOD EAST UNE TO ME POINT M BEGAN. THENCE 00010001. USD 00 FEET O 5001911 ALONG SAID EAST 7UNE75 TO THE FAST ONE-W.LaTEN CORNER Of SAID SECTOR 22 THENCE SNISRePY ALONG THETCCOOER CINE-O-0OF 0120 CORNER O SW INE �1NA22P TM0127 9 EOPsa- W�. OF 0 S FEET Y! TO T035 SOON U. E--OWFIO5E NORTHITEST ER M SAID OONO THENCE 110713033.E000510 TER ALONG DOE 710 LINE O SAO RRR SHE-OLUAIOT. THENCE 0 5051 7210 FEET TO ME POINT OF CONTI* 15600 ASES (CROSS) ...A LOS MEM. SURVEY) RAM OF RFERRMSS * FOR MI WAVY ME 6SSED ON THE EMI UNE 01 ENE NORDIC. OF SECTION 01 TORGs1OP D NORM RACE a NEST M THE OOH P.. BOWEN FOUND BOMA.. AS SHOYN AND OES@1BED HOD. 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R S T k 3 G u u —1L :g iD CLka gz `.19_0111 PROJECT NO 19-0496 C � >J iNM"1rFce+QilAFIfWI 8.191IIIffiIIWrA IIII g 8 ('ATM.. �� RECORDED EXEMPTION No. 0459-22-2 RECX/9-0/12 BEING LOCATED WITHIN THE NORTH ONE—HALF OF SECTION 22, TOWNSHIP 9 NORTH RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD STATE OF COLORADO SHEET 2 OF 2 sm VA= o� votes �3� mr COUNTY ROAD 1.04 t.i"nooios non.n:. N 883503 E 599213 1 . EQ NQ not sums wow ',arm ..r to, ,o .rove • 59.013 MAC. C0MM IS e mum sn 3A ROW mot PLASM DP Ns nom GRAPHIC SCALE (EQE 1 0 W YOmY01iPLS 7242 MVO \ NA lsE„ F0-.5 320 ALL5oNtw 8 BmuN t99r 03 Wn/. sc3225 GOT 0 rer of 9045935 WOW F000113 51945LIN Io� 1o9.tN,.;jJ LOT A >1.655 LOTS m ve trnit0°�q 1 it Iil ail -r" `7 /dam oc� O�^ rtyi E O S o. POU -�.%� .coFss I' LOT C gee 5 g;1117.: W 263595 A „x I svTM� rOUND 123 Manly. CAP IldlerOn KS 12 2- S 8 —M3/4:207,1 6 p NEQ19-0113 7I PROJECT NT , 1j80 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: April 4, 2022 TIME: 9 00 a m APPLICANT: Cobra Ventures, LLC c/o Michael McCrery 1719 East Mulberry Street Fort Collins, Colorado 80524 REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX19-0112, for Removal of Lot D LEGAL DESCRIPTION. Lot D of Recorded Exemption, RECX19-0112, being part of the N1/2 of Section 22, Township 9 North, Range 64 West of the 6th P M , Weld County, Colorado LOCATION: Approximately 1 3 miles south of County Road 106, west of and adjacent to County Road 57 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: March 23, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX19-0112 Owner CMH HOMES, INC LUIS VILLAR SAUL VILLALOBOS COBRA VENTURES, LLC Address 5000 CLAYTON ROAD P.O. BOX 533 619 GORE RANGE DR 1719 EAST MULBERRY STREET City MARYVILLE GILCREST SEVERANCE State Zip TN 37804-5550 CO 80623-0533 CO 80550-4869 FORT COLLINS CO 80524-3523 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, RECX19-O112, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 23rd day of March, 2022. 1,t_Atulitt Janet M. Warwick Deputy Clerk to the Board CI Ui N L r -I INS - I N Er C3 O lD U7 rI 0 U.S. Postal Service' CERTIFIED MAIL° RECEIPT; Domestic Mail Only -,≥v,' C For delivery information, visit our website at www.usps.com 41 j 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 Z3 Postmark Here Sent To StreandAptNo., or O ox No. 1P+4 ® - j 3'18D4 -555b PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 7S\ e - --xtn veU)(1-- U.S. Postal ServiceTM CERTIFIED MAIL° RECEIP, Domestic Mail Only car rt: Yf Tai I I II r • I C' 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 ,40 3123 ., Postmark Here Sent To V'1toLoJov s Strget yprpt. „Qr is City, t ZIP+ rbr &ossb -fig PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions N 4.13 O 0 0 HI 0 Q 0 CO W E- X W 1—Wco OCC Lo I— co X C O mO J Lc O U � W 1 GREELEY CO 80632-0758 Cfl co C LQ 0 coo O0o mzC oai Q Lil < O J W Z Q > On' —I (3 W Dc3)> < lii CO Co (I) s 4J i = talk '' UI w -- f:D/1 t-. fist Cr: Ice IRS ITIS. 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IMMOMMI tt: _i .._.I #fir I'D '"I In 77r in M Lill it,.t, Z IIl-1 CI Sanii 0 Cr: tot > z or: 1N =SS. :114.1 n� SS ( l I) — _.I IRS VOSS .t, #il,# -A n IMILINIMMO U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only 1 For delivery information, visit our website at www.usps.com®. ise 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 l i Sent To Str, Postmark Here PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION >a ° Z DD a; ipN r c sci a) 0> 2 5 -O )- 0 0 CD in • a) i i o as co in CtS co T CO L 21 Ct {0,, c L5 C d-5 O .17..O Ua•cn • • N •r 'Es as 'I- 0 U O U U co Q • U cn O, • (f 02 0 0 0 e, _.: , v� 0 «s CS 22 0.Cc EEC 'Fs as U U > cr. ra cn to O rics •� t cc /a) a) Cl))Cl) Cra 4. cc cc o V) V) cc ODD DO U N .2 cc = I- «S co cOo• = c �� c c5�o v v' 2 ° r .� n trea)� Vva) a) o i QQU00C o ❑❑�❑DE m oo� O 9590 9402 6294 0274 3372 12 a) 0 CD U) a: C S D r1 D Domestic Return Receipt CO rn 0 0 N O U) z 0 O O7) CO E L_ Ll. 0 a a 19 » U.S. Postal Service"r" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ LI E 3123 Postmark Here Postage Total Postage and Fees Sent To Street and est. No., or O ox No. 5 C2 PS Form 3800, April 2015 PSN 7530-02-000-9047 1 L.72 3'lcD4 -555D SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 03414 1+tats it& - 50OD kta-d n'AirtAiv 1 t& 3-7 'Fa --• 555O hIIIIUII iii II i i i 9590 9402 6294 0274 3372 29 i sertoi_ C IQ COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No 9. Article Number (Transfer from service label) 701? 1,45❑ 0000 9675 ❑664 PS Form 3811, July 2020 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery B'Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery (-1 Inc" i cord Mail Mail Restricted Delivery 00) 0 Priority Mail Express® Registered Man., Registered Mail Restricted Delivery Signature Confirmation TM Signature Confirmation Restricted Delivery Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/17/2022 8:27:31 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 045922200025 • Atttttfl'L u)a&rtk 3117 Itt-. Signature Date Account Parcel Owner Mailing Address R0381986 045921000002 BAUR JEANNE N E B R0381986 045921000002 BAUR THOMAS G 51838 AULT, COUNTY CO 806109222 ROAD 51 R8965106 045922100022 L4 i CMH HOMES INC 5000 MARYVI CLAYTON LLE, TN RD 378045550 I- R8965107 045922100023 Lb i B VILLAR LUIS VILLALOBOS PO GILCREST, BOX 533 CO 806230533 R8965108 045922100024 LFC,ii VILLALOBOS SAUL 619 SEVERANCE, GORE RANGE CO 805504869 DR R8960708 045922200001 COBRA VENTURES LLC 1719 FORT E COLLINS, MULBERRY ST CO 805243523 R8965109 045922200025 LA, COBRA VENTURES LLC 1719 FORT E COLLINS, MULBERRY ST CO 805243523 H) IR6784722 045922300016 MANS KRIS R6784722 045922300016 MANS KEVIN 45827 AULT, COUNTY CO 806109338 RD 57 Parcels: 9 Owner Records: 11 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/17/2022 8:27:31 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 045922200025 Ucat 1cticat4i nit,Oataccti 3/17 /zz Signature Date Account Parcel Owner Mailing Address R0382786 045923000003 U S A 2850 LAKEWOOD, YOUNGFIELD CO 802157210 ST R4247606 045923200004 LARSON MARY E PO AU LT, BOX 1441 CO 806101441 Parcels: 9 Owner Records: 11 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/17/2022 8:27:31 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list 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, ht:p://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 045922200025 Parcels: 9 Owner Records: 11 Date Page 3 of 3 S gnature Owner/or Authorized A Michael J McCrery, Manager PLAT VACATION APPICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE DATE RECEIVED PLANNER ASSIGNED PLAT INFORMATION Title of plat to be vacated Recorded Exemption No 0459-22-2 RECX19-0112 S 22 T9N R64W 0Complete Vacation (must include all lots)E Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated Lot Parcel Number Acreage Affected Easements D 045922200025 120 03 PROPERTY OWNER(S) (Attach additional sheets if necessary) Name Cobra Ventures, LLC Company Phone # 970-214-7612 Email michaelmccrery@colorado-land corn Street Address 1719 E Mulberry Street City/State/Zip Code Fort Collins, CO 80524 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent) Name Cobra Ventures, LLC Company Phone # 970-214-7612 Email michaelmccrery@colorado-land corn Street Address 1719 E Mulberry Street City/State/Zip Code Fort Collins, CO 80524 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 authonty 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 m ild ) 7fiCiiii 1 .-.),S--.2.Q? ,if Date Signature Owner or Authorized Agent Date Print Owner or Authorized Agent Print Owner or Authorized Agent 7/20/2021 OPERATING AGRE of COBRA VENTURES, LLC This OPERATING AGREEMENT of Cobra Vez ores, LLC, is made day at' May, 2014, by Cobra Ventures, LLC, a Colorado limited liability comp "Company") and Michael J. McCrery ("McCrery"), as ifs sole member. CITALS y e A. T;kce Company was formed pursuant to the ColoradoLimited Liability Company Act, Article 80 of Title 7 of the Colorado Revised Statutes as amended, (the "LLC Act"), on May 7, 2014, by the filing of Articles of Organization (the "Articles") the office of the Colorado Secretary of State. The Company its sole member des en company agreement pursuant to the LLC Act. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt anti, su ciency of which is hereby acknowledged, the parties hereto agree as follows:' A:RI`tCLE 1 GENERAL 11. P se ofthe Company. The purpose o Company is to engage in ctioxns of array lawfnnl business. 1 Powers. The Company shall have all the powers of a limited liability` compny under the LLC Act. lion. The Company shall hav "perpettlrual existence and shall continue uutii il=ls cinssolved pursuant to Article 6 of this Agreemennt 1.4. Effect of Operating Agreement. 'Phis Agreements ll.be tie s©le governing document for the. Company. The provisions of this .Agreement shall e l r over provisions offlne LLC Act contrary to the provisions of this Agreezxnent, exceptte the extent any provisions of this Agreement are expressly prohibited or ineffective urndei the LLC Act or other applicable law. The manager shall be entitled to rely upon the provisions of this Agreement, and the manager shall not be liable to the Companyfor an 1 action taken, any omission or any refusal to act, in reliance upon the provisions of this Agreement in good faith. ARTICLE 2 OFFICE; RECORDS 2.1. Principal Place of Business. The principal place of business of the Company shall be determined by the member from time to time. The initial principal place of business shall be as stated in the Articles. 2.2. Registered Office and Agent. The Company shall. at all times have and maintain in the State of Colorado a registered agent for service of process in accordance with the LLC Act. The initial registered agent and the agent's business address are as specified in the Articles. The member may change the registered agent of the Company upon making the filings with the office of the Colorado Secretary of State as required by the LLC Act. The registered agent may change its business address upon notice to the Company and upon making the filings with the office of the Colorado Secretary of State as required by the LLC Act. 2.3. Records. The member shall keep and maintain at the principal office of the Company, and otherwise, such books and records as the member may determine to be appropriate. ARTICLE 3 MEMBER 3.1. Initial Member. Michael J. McCrery shall be the sole member of the Company. 3.2. Meetings. No annual or other meetings of the Company or its member shall be required. Except as otherwise expressly provided in this Agreement, all actions of the Company shall be taken by consent of the member. 3.3. Consent. Except for the amendment of this Agreement, and the admission of an additional member and the appointment oflhn agent for the Company, which shall require the written consent of the member, consent of the member may be manifested by the member in writing, orally or otherwise (including, without limitation, course of conduct). 3.4. Transfer of Interest. The interest of the member in the Company may be transferred by the member voluntarily or by operation of law. Upon transfer of the entirety of the member's interest in the Company, the transferee shall, without further documentation or action, become the member of the Company. 2 3 Admission of Additional Members. Except as provided in Section 3.4, a party may be admitted as an additional member of the Company only upon the written consent of the member. Upon the admission of any additional member, such member shall execute this Agreement, as amended to take into account the interest of such additional member, the resulting change in the income tax statusof the Company and other matters as may be agreed by the member and such additional member. 3.6. Liability of Member. The member shall not be liable under a judgment, decree, order of a court, or in any other manner, for any debt, obligation or liability of the Company. 3.7.. Reties of the Member. The member shall be required to devote only so much time and attention to the business of the Company as the member may, in its sole discretion, determine. The member shall be entitled to eng=.se in other activities and busaesses including, without limitation, activities and businesses competitive with the actties and businesses the Company. The member shall not be required to give the Crimpamy,the opportunity participate in, or benefit from, any such activities or businesses .8, Conflict's of Cerest A member does not violate any duty or obligation to theCompany merely because thember's can duct furthers the member's own interest. A ixiern may lead money to, borrow money from, act as a surety, guarantor or endorser guarantee or assume one or more obligations of, provide collateral for, and transact other business with, the Company, and has the same rights and obligations with respec any such matters as those of a person who is not a member of the Company. No transaction shall be voidable solely because the member bas a direct or indirect Merest in the transaction if the transaction is fair to the Company. 3.9.: lade ' ration. Without limiting any other obli ation oft Company dad member, the Company shall indemnify the member and managerwida respect to d e advances for, the payments made, personal liabilities incurred, and expenses incurred; by the member in the ordinary and proper conduct of the Company's business and affairs (including the winding up thereof) or the preservation of the Company's business or property, to the maximum extent indemnification and advances are permitted under of the LLC Act, ARTICLE 4 MANAGEMENT 4.1. Powers. The management of the Company shall be vested in the manager, who shall have, with respect to the Company and its business and affairs, all of the powers of a manager under the LLC Act. The manager shall exercise all powers of the Company. The initial manager shall be Michael J. McCrery. The manager may appoint another person to be a manager by written consent only. 4.2. Agency. The manager shall be the agent of the Company. The execution or delivery by the manager on behalf of and in the name of the company of any documents. shall constitute conclusive evidence of (a) the manager's power and authority on behalf of and in the name of the Company to execute and deliver such document; (b) the power and authority of the Company to execute and deliver such document and to perform all obligations (if any) of the Company provided therein; and (c) the truth of any statement contained therein as to any action taken or to be taken by the manager or the Company (including such matters as formation, existence, power and authority, authorizations execution or delivery, the identities and genuine signatures of the manager or agents the company and the existence or nonexistence of any fact constituting a condition precedent to the taking of any action by any of the foregoing). The manager may, by a 1 written instrument, appoint any other agents for the Company as he may elect from time to time. ARTICLE 5 FINANCIAL MATTERS Capital Contribution. As its initial capital contribution, ber has contributed to the Company the following: $5,000.00. 5.2. Additional Capital Contributions. The member may, but shall not be required to, make any additional capital contributions to the Company. 5.3. Profits and Losses. For federal and state income tax purposes, the Company shall be disregarded as an entity separate from the member_ 5.4. Distributions. All distributions of cash or other assets of the Company shall be made to the member, subject to Section 5.5 below, as determined by the member. The member shall have the right to demand distributions form the Company in forms other than cash. 5.5. Limits on Distributions. The Company shall not make a distribution to the member to the extent that at the time of the distribution, after giving effect to the distribution, all liabilities of the Company, other than liabilities to the member on account 4 of its limited liability company interest, exceed the fair value of the assets of the Company, or to the extent otherwise limited by the LLC Act or other applicable law. 5.6. Taxpayer Identification Number. For federal income tax purposes an the extent permitted by the applicable law, all other purposes, the taxpayer or other identification number (BIN) of the Company shall be 46-5601882. 5.7. Fiscal Year. The fiscal year of the Company shall be the same as the fiscal year of the Member. ARTICLE 6 DISSOLUTION, WINDING UP AND TERMINATION 6.1. Events of Dissolution. The Company shall be dissolved only upon: the written consent of the member; or (b) administrative or judicial action as provided in the LLC Act. 6.2. Winding up. Upon the dissolution of the Company, the member shall file a statement of intent to dissolve in the office of the Colorado Secretary of Sta accordance with the LLC Act. Upon the filing of the statement of intent to dissolve, Company shall cease to carry on its business, except insofar as may be necessary for the winding up of its business, and the. Company shall be wound up by the member or any one or more other persons appointed by the member for such a purpose, as liquidating trustee. The assets of the Company shall be distributed in the following order creditors in the manner required by the LLC Act; and 6.3. Termhration. Upon the completion of winding up, the Company shall ate t the liquidating trustee shall filearticles of dissolution in the office of the Colorado Secretary of State in accordance with LLC Act. ARTICLE 7 MISCELLANEOUS 7.1. Successor and Assigns. This Agreement shall inure to the benefit of binding upon the parties hereto and their successors and assigns. 7.2. Governing Law. This Agreement shall be governed by and constructed in accordance with the Laws of the State of Colorado without regard to the principles applicable to conflicts of laws. 7.3. Severability. Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement, or affecting the validity or unenforceability of any of the terms or provisions of this Agreement in any other jurisdiction. 7.4. Amendment. This agreement may be modified or amended only by a written instrunnent signed by the member. 7.5. No Third Party Beneficiaries. This Agreement is for the sole benefit of the Company and the member, and no other person is intended to be a beneficiary of this Agreement or have any rights hereunder. Without limiting the generality of the foregoing, except as otherwise expressly provided in the LLC Act or applicable law, no creditor shall have any rights with respect to any agreement between the Company and the member with respect to capital contributions or otherwise under this Agreement. IN WITNESS WHEREOF, this Operating Agreement of Cobra Ventures, LLC, has been executed as of the 8`k' day of May, 2014. COBRA VENTURES, LLC, a Colorado limited liability company 6 4733231 Pages: 1 of 1 09/07/2021 09 13 All R Fee $13.00 D Fie $0.00 Carly Koppea, Clark and Recorder, Weld County , CO 1111 PRIIIII IiillIfilil itkilAff ilANnlKiiiaM d k 11111 Quit Claim Deed (Pursuant to 38-30-116 C R S ) THIS DEED, made on AUGUST 31, 2021 by COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantor(s), of the County of LARIMER and State of COLORADO for the consideration of *** TEN DOLLARS AND NO/100 *** dollars in hand paid, hereby sells and quitclaims to COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 1719 E. MULBERRY STREET, FORT COLLINS, CO 80524 County of LAREVIER, State of COLORADO, the following real property in the County of WELD, and State of Colorado, to wit LOT D, RECORDED EXEMPTION NO. 0459-22-2 RECX19-0112, RECORDED JANUARY 29, 2020 AT RECEPTION NO. 4562422, BEING A PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. also known by street and number as VACANT LAND, AULT, CO 80610 with all its appurtenances COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY "#;dird I gch, MICHAEL J. MCCRERY, MANAGER9/ State of COLORADO County of LARIMER ) )ss The foregoing instrument was acknowledged before me this day of 7- —ZD2 / by MICHAEL J MCCRERY, MANAGER FOR COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY LORI LEINGANG NOTARY PUBLIC STATE OF COLORADO l NOTARY ID 19March 11.2021 400 Notary Pub is i My Commission Expires My commission expires ,3 i/-.2o 2 / When recorded return to COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY 1719 E MULBERRY STREET, FORT COLLINS, CO 80524 October 17, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: mhall@weldgov.com Phone: (970) 400-3528 Fax: (970) 304-6498 Michael J. McCrery 1719 E. Mulberry Street Fort Collins, CO 80524 Subject: 4 -Lot Recorded Exemption RECX19-0112 Parcel ID #: 0459-22-2-00-002 Dear Cobra Ventures, LLC c/o Michael J. McCrery, The Department of Planning Services has reviewed your application and related materials for compliance 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. Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval of the draft plat 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 a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional pages are $10 each. 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 recording continuance charge shall be added for each additional 3 month period. Please contact me with any questions. Regards, Michael Hall Planner II DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Cobra Ventures, LLC c/o Michael J McCrery RECX19-0112 Planner Michael Hall Legal Description Being a part of the N2 of Section 22, T9N, R64W of the 6th P M , Weld County, CO Parcel ID # 0459-22-2-00-002 Lot A Size +/- 6 acres Lot B Size +/- 6 acres Lot C Size +/- 6 acres Lot D Size +/- 138 acres Water Source Lot A Proposed Well Lot B Proposed Well Lot C Proposed Well Lot D Proposed Well Sewer System Lot A Proposed Septic Lot B Proposed Septic Lot C Proposed Septic Lot D Proposed Septic Criteria Checklist Yes No X 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 If residences or structures requiring water and sewer are constructed or used for the proposed lots, Weld County On -site Wastewater Treatment System (OWTS) Permits are required for septic systems and shall be installed according to the Weld County OWTS Regulations 2 The applicant has proposed a well as the source of adequate water for Lots A, B, C and 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 RECX19-0112 Page 1 of 6 3 Prior to recording the plat A The applicant shall address the concerns of the Public Works Referral dated October 3, 2019, relating to the proposed Lot A, B, C, and D access location B The applicant shall satisfy the concerns of Weld County School District RE -2, as stated in the referral response dated October 10, 2019, per Section 24-8-40 K 1 of the Weld County Code Evidence of such shall be submitted in writing to the Weld County Department of Planning Services C Lots A, B and 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 A 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 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 4 Items to be included on the plat A The plat shall be titled Recorded Exemption No 0459-22-2 RECX19-0112 B A 30 foot wide joint access and utility easement extending across Lots A, B, C and D from County Road 57, for the benefit of Lots A, B, C and D shall be shown clearly on the plat The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F 2 The easement shall be graded and drained to provide all weather access C Show and label the existing and proposed access points and the usage types (Agricultural, Residential, Commercial/Industrial, and/or Oil and Gas) Public Works will review access locations as a part of the plat submittal D County Road 57 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 delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road 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 E 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 F All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number 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 RECX19-0112 Page 2 of 6 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 2018 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 or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code 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) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements 12) 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 13) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C and D have an adequate water supply of sufficient quality, quantity and dependability 14) Potential purchasers should be aware that Lots A, B and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals The State Division of Water Resources issues all well permits RECX19-0112 Page 3 of 6 15) 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 penodically thereafter 16) 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 17) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties 18) 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 19) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs 20) 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 cntical 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 21) WELD COUNTY'S RIGHT TO FARM STATEMENT 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 RECX19-0112 Page 4 of 6 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 6 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 7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50 00 recording continuance charge shall added for each additional 3 month period 8 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 RECX19-0112 Page 5 of 6 9 The applicant shall create and record deeds for all the newly created lots, deeds shall include the legal description of each lot and the reception of the recorded exemption New deeds are required even if lots will remain under the same ownership Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title By Date 10/17/2019 Michael Hall, Planner II RECX19-0112 Page 6 of 6 Hello