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Home My WebLink About20220383.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX20-0065 - LEGACY FARM, LLC 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 June 24, 2020, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX20-0065, and WHEREAS, the Board has received a request from the current property owner Legacy Farm, LLC, 3030 South College, Suite 2000, Fort Collins, Colorado 80525, to vacate Lot D of Recorded Exemption, RECX20-0065, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX20-0065; being part of the S1/2 of Section 7, Township 6 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 resulting from the vacation will be left without access to a public road right-of-way. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Legacy Farm, LLC, for Partial Vacation of Four -Lot Recorded Exemption, RECX20-0065, for removal of Lot D, be, and hereby is, approved, subject to the following condition(s): As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days. 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. 4799524 Pages: 1 of 2 02/03/2022 01:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO liii 11111 cc:PL(�P/oA),APPI.•,Rp'ReP. 2022-0383 Off./IS/2.2 RECX20-0065 PARTIAL VACATION OF RECORDED EXEMPTION, RECX20-0065 — LEGACY FARM, LLC 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of January, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WEL9 COUNTY COLORADO ATTEST:; K. James, Chair 1A/clrl rni inhi (Irk +n +hc Pr rr4 4799524 Pages: 2 of 2 02/03/2022 01:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill w i« 11W'P ! IMO I 11111 2022-0383 RECX20-0065 TO: FROM: SUBJECT: HEARING DATE DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Diana Aungst, Planner II Vacation of Lot D of Recorded Exemption 0805-07-3 RECX20-0065 January 24, 2022 APPLICANT/OWNER: Legacy Farm, LLC c/o Stan Everitt REPRESENTATIVE: Bluestar Capital Advisors c/o Shana Morgan, 1298 Main Street, Unit A #4263 Windsor, CO 80550 LEGAL Lot D of Recorded Exemption RECX20-0065, being a part of Section 7, T6N, DESCRIPTION: R66W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to CR 25 and North of and adjacent CR 70 PARCEL SIZE: +/- 132.16 acres PARCEL NUMBER: 0805-07-3-00-034 ZONE DISTRICT: A (Agricultural) NARRATIVE: On December 26, 2021 the Department of Planning Services received the attached vacation request letter signed by Ms. Shana Morgan. The letter is requesting a partial vacation of the plat of Recorded Exemption RECX20-0065, recorded September 16, 2020, reception #4630499 to vacate Lot D, being the largest lot. There are no easements affected by this partial vacation. The resulting parcel will be larger than thirty-five (35) acres. Lots A and C are also owned by Legacy Farm LLC and Lot B is owned by Shana and Christian Morgan. Lots A and C have a shared access off of CR 25, Lot B has an access off of CR 25, and Lot D has an access from CR 70. A draft vacation plat is also attached and requires minor revisions prior to recording. A metes and bounds description for the lot to be vacated has been included on the draft vacation plat. The Department of Planning Services staff has reviewed this request and recommends that this request be approved. 2022-0383 Page 1 of 1 ©eCA December 26, 2021 Weld County Planning Services 1555 N. 17t" Ave. Greeley, CO 80631 Re: Request for Partial Vacation — Lot D RECX20-0065 To Whom It May Concern: This letter serves as our request for the Vacation of Lot D of Recorded Exemption No. 0805-07-3 RECX20-0065, on behalf of Legacy Farm, LLC. Lot D is —132 acres and does not have any improvements located on the property. The purpose of the Vacation is to allow for the ability to subdivide into three 35+ acre parcels. There are no known easements or rights -of -way that would be impacted by the Vacation. We appreciate your review of our request and accompanying documents. Sincerely, r t, Shana L. Morgan President smorgan@bluestaradvisors.biz (970) 371-4489 Bluestar Capital Advisors SMorgan@Bluestaradvisors.biz 1 (970) 371.4489 January 24, 2022 RECX2O-OO65 Vacation of Lot D Vicinity map ear - _ 1'h 5 Y' i r" t I • b- :1 j i j i L1I•' SITE s ° FF •yl } a L. ac 4 1 4 1 ca ay � y�a7 1 + •j: �JR______________________ I --• r. NI u N ,K Cr Lot D of RECX20-0065 E 596 LOT IO SITE LOT. RE -0065 LOT C 3 .E' -w ,, LOT B cx1 ®0n17 LOTS r % F LOT D —1603 LOT Xi' — 67 T Eo EGY19—0067 COT, NI dl$RA {Y MM f Mt1 Lot D is greater than 35 acres; it is approximately 132 acres. 1•VII 'IA'. . S.S ILrN19 _o. Is.11rY •14 rw rYO.i i • L Ifa Irll)faLRr t dvf'a►' r aar N e7'a2'ati' F .67d 9s' 1 Y{ivl itl' p IIIrd rI 1!1I- rh YI11f11 iMldilf.ttl%Mkr 65'1x' M 111.10 I+.M�5T ti ow -9 NI'^r1. Y 4I.N5 'p 13vitle M 11lr4' n5'Ii.Y' a Mat rraW R 444' ?'4a11Y 1 IR7_n J' iRlii.linn 11ti.1Y�1 iQl.Th1'[ 51k d6- J7RJ1•Aorp5Q+f' D4W'I4 VIE. cHFlt 1'. In7 q5' lnt'rr w b!I' 3 9116' V 817 a W'IN-rr 1tiu W1&1 M NI 1t. 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IW9N Rl ifY Wllr � I� Y 6T18'1Y r 327.1E °l END OF PARTIAL VACATION FOR RECX20-0065 VACATION OF LOT D OF RECORDED EXEMPTION No. 0805-07-3 RECX20-0065 Part of the South Half of Section 7, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado er vu� sw. xm P u.neren (aen��a ul. murrty m w.ie. swn m murme min9 men Feme Y m.e e. minor_ mm mnm eurmw aA sn/�u�of east _ — — _ e5s.le N 22'35'46" E IE.88'2' w'" e do rxxor xlu s — e >la aao.op e E u saln rm., xean a..rtm. oeb,r. meas,Poee�.xme,Mn. 1��u>�]71 U.x .im w 42x42. tea.® m.�l..e bwe ..mra xnr.l� ep�'"' rears 9 "� _e N 33'41531' E5 49.843 N 8742'09" E 116.42' rxdce N.1u m1 11 Vka1 Jensb�^M'ea[ 1..r N. 51/2 e a .gal m m 5ie�..xer slrnn .me a. ,v ..nog a ..la s.wrn �. �nx�ce uenn wum�ime meimrw mmu no VJr1.�i II.eM1sculn1°u"°�n' a ] w¢ s.utn �se'IT xwt o aemna m asz1 e n n ] m n�vo Mno e[c�xc�.cw..a .r saw.11 l.rtmn. s.w...rt as.no. ]e.a ..ne, xap xa, man a sW1.nm Id wx a Ps f ro. naw4s2 .mu. r.32. say -w wm1 (R.e33 a uA snn —n 1 u.w�.,,ek slv u)�ca,.ry m inld sma' mF.'ee�u'rtlmlm w�grty le kmW Inelhe�l.gaeJmW rwle Arse dela'ei eM h alm In1maM m yslae crmeemr [he mmrc,dmn.,�hynt �eemry n..., ma n.. r a Imlew. 9vi s� extt c�wnry ��das)a HnwrnRmCw�nlwe ativwwwam na'm ire m®_oL' N A,o.. fo_ nor ....enee23 �de I.42 er 2e+wb1h. wre .b ...m3.i ,, 1,3 e..reh. 233. 23 2323M. waad'm..y ci.a: a. m. 6m,a d 00'42'39" W 88.16' 102'4825 W 183,47 -N 10'51'54' W 158,15' -N 0440'14' W 9].08' -N 0090'39" W 103.92' 'N 1255'Q E 64.88' 1 31'6915" E 39.26' 38'12'15' E 4112' cmmx a v - ` - - - E 1736' W" W 2900.11 - - 3 6736'1 T W y.Aee m e. A6r �smm�n pan ism., Nraabry o,.e0e o mam i�n'eaeP e m ¢e4i� me a4;I..e M1...I. wed.. 1n..w. • e e d,2.,FtS,.3.,h.,)U3.231h3hatC , 5. x. ..1w . -110=1 � r,.� Prala�� « rea,rem� �W�e24r».» ` I 1 1 400 600 jl• .5ar I — LEGEND 2202235±1 75±32 qum xm166 marn ;s —___—Poa�slwm 9Ne Ia.1 JAr vmA u 221]4 — aveuc aawxnr4 � " isr uaco urw wa 1s wrcler9 ulex-x 9xxrxd: 12/122223x1 �� nory or fnr ,wo xcxr er vur 0 45±3.23/222223,25±5 o a Marx h223223m 44m 432by4' 042.$ 14) o®m ev�1w uao/ox wsuxce 19 aarr42 2131436 144 x42412-443] RECORDED EXEMPTION No. 0806-07-8 REC 20-0065 �`°e1�5's�#'M�r.nit�s Sp44,tnrr! Pan of the South Half of Section 7, Township 6 Nonh, Range 66 West of the 6th fa.M., C'otinty of Weld, State of Colorado Access for Lots A & C s Yi it ii k rw . as. Yid N aGyd —1.-.- Is 1L• --Y IIY...Y.f YA.www YiF ll.•ai I..11ll.l 1. www ya ii& fl .t OP11 W - W'i x boa Iawl'M �.4 i•.. 0 tar IW '++Ma M++. Y� .- ' — ww I.— •Mt 1 ar / T1, • ..Y w .-. A. a.. • -s-1 —. 1 11 L1♦". Yr° LEGEND i 12 y 1Y AP2 (of"W* ¢ rep -1-- , .t-. ti,_ . LN4. a+i� YYiIW Ww'YMK,,b Ii iw'..I IM ,,b -in i ^s _'.. sir,. ... 11(1.{fi 41W • ¢L as t �l�94�P as a� o.l ."mow Access for Lot D — a- Jr M FTiCB• i 91 l.FY 1 Y ? as �ati.� ii r.l I: In!iYw 9AI'.Y' 4830499 Pages: 1 of 2 09/16/2020 04:43 PM R Fee:$23.00 Carly Koppes, Clerk and Reorder, Weld County, Co m1II I rA 1I ii1 RECORDED EXEMPTION No. 0805-07-3 RECX20�0065 Part of the South Half of Section 7, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado PROPERTY DESCRIPTION (PER TiTLE COMMITMENT FILE No. 5524-3394679 THAT PART OF THE SOUTH HALF (S1/2) OF SECTION SEVEN (7), TOWNSHIP SIX (6) NORTH, RANGE SIXTY-SIX (66) WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER (SW COR) OF SAID SECTION; THENCE IN AN EASTERLY DIRECTION, 3,136.5 FEET ALONG THE SOUTH SECTION LINE OF SAID SECTION TO DIVIDING LATERAL; SAID DIVIDING LATERAL BEING THE WEST BOUNDARY LINE OF LAND CONVEYED TO PERCY CLEGG AND GEORGE F. KERN BY DEED RECORDED IN BOOK 748 AT PAGE 373, WELD COUNTY RECORDS; THENCE NORTH 2 DEGREES 50' WEST ALONG SAID LATERAL 2,642 FEET TO CENTER OF SECTION; THENCE IN A WESTERLY DIRECTION ALONG THE EAST AND WEST HALF SECTION LINE, 2,992 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE IN A SOUTHERLY DIRECTION ALONG THE WEST SECTION LINE OF SAID SECTION, 2,649 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, EXCEPT ANY PORTION LYING WITHIN THE COUNTY ROAD 26 AND 70, COUNTY OF WELD, STATE OF COLORADO. PROPERTY OWNER'S CERTIFiCATE We, the undersigned, being the sole owners in fee of the above described property, do hereby subdivide the same as shown on the attached map. We understand this property is located in the Agricultural Zone District and is also intended to provide areas for the conduct of other uses by right, accessory uses, and uses by special review. LEGACY FARM, LLC, a Colorado limited liability company BY: Stan Everitt AS: Manager State of Colorado) )ss. County of Weld ) The foregoing certification was acknowledged before me this day of S'G A.D., 202.0 My commission expires lb Witness My Hand and Seal. SHANA L. MORGAN Notary Public Notary li state of Colorado Notary ID # 20124061984 [rn Comission expires 10-18-202D-- EASEMENT CERTIFiCATE We, the undersigned, do hereby dedicate for the benefit of the property(ies) shown or described hereon, easements for the purposes shown and described hereon. LEGACY FARM, LLC BY: Stan Everitt AS: Manager CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING $ERYICES - ADMINISTRATIVE REVIEW: This plot is accepted and approved by the Department of Planning Services for filing. Director, apartment o anning ervices State of Colorado) )ss. County of Weld ) The foregoing certification was acknowledged before me this/Vday of A.D., 2O My commission expires �VI Witness My Hand and Seal. KH16TINE RANSLEM ate NOTARY PUBLIC Notary u .c STATE OF COLORADO NOTARY ID 20124034827 MY COMMISSION EXPIRES JUNF r 2024 SURVEYOR'S STATEMENT I, Jason S. Alice, a Colorado Licensed Professional Land Surveyor, do hereby state that this Recorded Exemption was prepared from an actual survey under my personal supervision, that the monumentation as indicated hereon was found or set as shown, and that the foregoing plat is an accurate representation thereof, all this to the best of my knowledge, information and belief. 0O L/ 0*,•��. SEA p : 314"m; a . O Sheet 1 of 2 R`.——•'! Jason S. Allee—On behalf of Lat40', SAL LAtAV Colorado Licensed Professional Land Surveyor No. 38479 FUN,' VICINITY MAP SCALE - 1 "=2000' LEGEND PARCEL LINES SUBJECT PROPERTY TITLE COMMITMENT NOTE This survey does not constitute a title search by Lat40, Inc. to determine ownership or easements of record. For all information regarding easements, rights —of —way and title of records, Lat40, Inc. relied upon Title Commitment File Number 5524-3394679, having a Commitment Date of January 31, 2020 at 8:00 AM as issued by First American Title Insurance Company to delineate the aforesaid information. BASIS OF BEARINGS AND LINEAL UNIT DEFINITION Assuming the West line of the South Half of Section 7, monumented at the South end by a #6 rebar with a 3.25" aluminum cap LS 22098 and at the North end by a #6 rebor with a 3.25" aluminum cap LS 22098, as bearing North 0014'19" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2647.71 feet, with all other bearings contained herein relative thereto. The linear dimensions as contained herein are based upon the "U.S. Survey Foot." SURVEYOR NOTES 1. According to Colorado law, you must commence any legal action based upon any defect in this survey within three years after you discover such defect, In no event, may any action based upon any defect in this survey be commenced more than ten years after the date of the certificate shown hereon. (13-80-105 C.R.S.) 2. * = Net acreage is the Gross Acreage, excluding any relative County Road right—of—way delineated on each parcel. 3. No active oil & gas production facilities or well heads exist on the subject property. 4. Per Windsor/Severance Fire Protection District requirements, house addresses will be made visible from the street. WELD COUNTY PLAT NOTES: 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 occupied building or structure shall be constructed within two hundred (200) feet of any tank battery, within one hundred —fifty (150) feet of any oil and gas wellhead or within twenty—five (25) feet of any plugged or abandoned oil and gas well. 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 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 existing second home is considered to be a non —conforming use. Case NCU20-0009 has been established for the second home. The second home is required to maintain compliance with Chapter 23, Article VII of the Weld County Code, 6) The existing second home is considered to be a non —conforming structure. Case NCU20-0010 has been established for the encroachment into the setback. The second home is required to maintain compliance with Chapter 23, Article VII of the Weld County Code. 7) 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. 8) 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. 9) 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. 10) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 11) 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. 12) 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. 13) The historical flow patterns and runoff amounts will be maintained on the site. 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 Deportment of Planning Services that Lots A, C, and 0 have an adequate water supply of sufficient quality, quantity and dependability. 16) 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. 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County —Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. 18) The approved configuration of this four (4) Lot recorded exemption does not constitute justification for further land splits. 19) Potential Purchasers are hereby notified that a confined animal feeding operation is permitted by SUP -22 is located southeast of the proposed Recorded Exemption. Specifically, south of and adjacent to County Road 70 and east of and adjacent to County Road 27. Off —site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 20) Potential Purchasers are hereby notified that a confined animal feeding operation is permitted by SUP -320 and 102 are located northeast of the proposed Recorded Exemption. Specifically, south/north of and adjacent to County Road 72 and approximately one —quarter (;9) mile west of County Road 27. Off --site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 21) Potential Purchasers are hereby notified that a confined animal feeding operation is permitted by SUP -81 is located directly north of the proposed Recorded Exemption. Specifically, south of and adjacent to County Road 72 and east of and adjacent to County Road 25. Off —site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 22) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 23) 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 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. Form 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. 4630499 Pages: 2 of 2 09/16/2020 04:43 PM R Fee:$23.00 Carly Koppel, Clerk and Recorder, Weld County, CO mill Friniq II 1,1 IM �+IrK+ 4�:IRa�I�i�4�IR 11111 RECORDED EXEMPTION No. 0805-07-3 RECX20m0065 Part of the South Half of Section 7, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado I I I WEST QUARTER CORNER I SECTION 7, T.6N., R.66W. FOUND #6 REBAR WITH 3.25" I I ALUMINUM CAP LS 22098 I__________ 600.00' U) I________ 0 I I I -LOT A- 4.68 Acres (Gross) o 4.45 Acres (Net)* m I O 569.98' 0 200 400 600 PR S 87'42'09" W 600.00' \ I .TO' ALL' 3 S 4 U7M 17Y EASEMENT fIW 7W 8,91EHr ar lo75 A 4 C I I (PARACL, Z )o R.o.IX 4 1or4A1E) SCALE - 1 "=200' 30.02' 60' RIGHT-OF-WAY BCC BOOK 4 PAGE 390 APRIL 16, 1887 BASIS OF BEARINGS AND LINEAL —UNIT DEFINITION Assuming the West line of the South Half of Section 7, monumented at the South end by a #6 rebar with a 3.25" aluminum cap LS 22098 and at the North end by a #6 rebar with a 3.25" aluminum cap LS 22098, as bearing North 00'14'19" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2647.71 feet, with all other bearings contained herein relative thereto. The linear dimensions as contained herein are based upon the "U.S. Survey Foot. LEGEND ---------- EASEMENT _____ - - SECTION LINE - - - RIGHT-OF-WAY BOUNDARY LINE -- EDGE OF ROADWAY PUBLIC ROADWAY Fl.,' CONCRETE LATERAL AR EXISTING AG/RESIDENTIAL ACCESS AD EXISTING AG/DITCH ACCESS AG EXISTING AGRICULTURAL (AG) ACCESS PR PROPOSED SHARED ACCESS FOUND ALIQUOT CORNER AS DESCRIBED FOUND ALIQUOT WITNESS CORNER AS DESCRIBED SET 24" OF #4 REBAR WITH A YELLOW PLASTIC CAP STAMPED LAT40, LS 38479 SET 24" #4 REBAR WITH A PINK PLASTIC CAP STAMPED LAT40 PM LS 38479 AT INTERSECTION OF LOT AND RIGHT OF WAY LINES O CALCULATED POSITION FOUND #4 REBAR WITH YELLOW PLASTIC ■ CAP STAMPED LS 22098, UNLESS NOTED OTHERWISE PLUGGED AND ABANDONED WELL (D) DEEDED BEARING AND/OR DISTANCE (P) PLATTED DISTANCE PER RECX19-0067 LIN BEARING ')ISTANCE L1 N 16'45'52" W 28.42 L2 N 24'46'09" W 80.74 L3 N 39'18'28" W 30.33 L4 N 49'20'15" W 76.66' L5 N 64'09'03" W 36.14' L6 N 86'00 32 W 43.37 L7 S 87'30'21" W 53.15 LS S 80'40'14" W 70.67 L9 S 89"35'51" W 50.05' L10 N 8707'15" W 40.72 L11 N 53'31'40" W 32.21 L12 N 38'45'29" W 213.41 L13 N 50"41'14" W 92.46 L14 N 67'29'23" W 62.98 L15 N 81'32'56" W 59.49' L16 S 80'29'27" W 57,77 L17 S 62'40'25" W 51.48 L18 S 78'38 08 W 65.79' L19 S 68'01 03 W 51.7$ 384w Sheet 2 of 2 Jason S. Allee—On behalf of Lat40', 'YALAtp Colorado Licensed Professional Land Surveyor No. 38479 AD -LOT O- 33.62 Acres (Gross) 33.08 Acres (Net)" EXISTING GRAVEL ROADWAY N 89'45'41" E 77.10' 47.10' I � 130.00' 3 L6_ L7 _ LS L9 1 -LOT 1- 15.47 Acres (Gross) 14.85 Acres (Net)* APPROMMATE LOCATION OF I4ERGERT 1 P&A WELL (25' SETBACK PER NELD COUNTY CODE 23-3-70.E) I -S 89'45'41" W 30.00' r N 8638'56" W 55.00' \� N 665.87' 2992.00' 2992(D) N 87"42'09" E 2875.58' 959.19' S 22'35'46" W 10.68' S 28'15'06" W 25.43' S 33'41'31" W 40.84' ry .' ROULARD LATERAL DITCH (CONCRETE LINED) NO SPECIFIC RIGHT-OF-WAY LOCATION OR WIDTH DEFINED. HISTORIC RIGHTS APPLY -S 37'05'48" W 114.98' S 14'48'33" W 43.30' S 09'02'05" W 41.55' S 13'09'03" W 128.06' LOT LINE FOLLOWS WEST SIDE OF ROULARD LATERAL DITCH t.1S LOT LINE FOLLOWS WEST SIDE _ OF ROULARD LATERAL DITCH 0 0)1 S 17'17'04" W 73.03' S 00'42'39" E 66.16' S 02'48'25" E 183.47' S 10'51'54" E 156.35' S 04'40'14" E 97.95' S 00'00'39" E 103.02' '-S 19'55'49" W 64.69' -S 31'59'15" W 38.26' S 38"12'15" W 45.12' ROULARD LATERAL DITCH (CONCRETE LINED) NO SPECIFIC RIGHT-OF-WAY LOCATION OR WIDTH DEFINED. HISTORIC RIGHTS APPLY II S 69'39'29" W 8.24' I I I I rn N vJ L,+ 0 1 I I I I I I -- - ___ - _ - - - -� - $ 87'36'00" W 2904.11' ---�� E%IS11NG GRAVEL ROADWAY SOUTHWEST CORNER SECTION 7, T.6N., R.66W. FOUND X16 REBAR WITH 3.25" ALUMINUM CAP LS 22098 1316.39' -LOT D- 132.16 Acres (Gross) 129.58 Acres (Net)* 60' RIGHT--OF-WAY 9CC BOOK 5 PAGE 287 OCTOBER 9, 1889 — COUNTY RO,4D 70 — — (County Maintained) 3136.24' 3138.5(D) CENTER QUARTER CORNER SECTION 7. T.6N.. R.66W. FOUND #6 REBAR WITH 2.5" ALUMINUM CAP LS 38479 N 87"42'09" E 116.42' m ID EAST QUARTER CORNER SECTION 7, T.6N., R.66W. FOUND 06 REBAR WITH 3.25" ALUMINUM CAP LS 38149 N 87'42'09" E289O..94'x- FOUND #4 REBAR WITH 1.0" YELLOW PLASTIC CAP LS 38479 FLUSH WITH GRADE T (n FOUND #4 REBAR WITH 1.0" YELLOW PLASTIC CAP LS 10855 FLUSH WITH THE GROUND FOUND X14 REBAR MATH 1.0" YELLOW PLASTIC CAP LS 10855 FLUSH WITH THE GROUND SOUTH QUARTER CORNER SECTION 7, T.6N., R.66W. FOUND X16 REBAR WITH AN p1EGIBLE 2.5" ALUMINUM CAP 29.93' - . - -- ----(AD S 87'3617" W 232.13' Ln 0 0 cn Ui 0) w rn it 0 — — _— S 87'36'17" W 2893.12' 4) �-`- SOUTHEAST CORNER SECTION 7, T.6N., R.66W. FOUND 06 REBAR WITH 3.25" ALUMINUM CAP LS 16154 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: January 24, 2022 TIME: 9 00 a m APPLICANT - Legacy Farms, LLC 2809 East Harmony Road, Suite 310 Fort Collins, Colorado 80528-3142 REQUEST. Partial Vacation of Four -Lot Recorded Exemption, RECX20-0065, for Removal of Lot D LEGAL DESCRIPTION- Lot D of Recorded Exemption, RECX20-0065, being part of the S1/2 of Section 7, Township 6 North, Range 66 West of the 6th P M , County of Weld, State of Colorado LOCATION: East of and adjacent to County Road 25, north of and adjacent to County Road 70 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January 13, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF R E CX 20-0065 Owner R:rll-�, City State Zip LEGACY FARM, LLC 2809 E HARMONY ROAD, SUITE 310 FORT COLLINS CO 80528-3142 CHRISTIAN AND SHANA MORGAN 34244 COUNTY ROAD 25 GREELEY CO 80631-9365 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, RECX20-0065, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 13th day of January, 2022. Janet M. Warwick Deputy Clerk to the Board , � '' - � ■ Complete items 1, 2, and 3. A. Signature R Print your name and address on the reverse X ❑ Agent • ❑ Addressee Ln - Pc iL ■ so that we can return the card to you. Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery «. N Certified Mail Fee /10 or on the front if space permits. .D yD- $j 1. Article Addressed to: D. Is deliv address different from Rem 1? ❑ Yes Extra Services & Fees (check box, add fee as appropriate) &i O ❑ Return Receipt (hardcopy) $ f J If YES, enter delivery address below: O No ❑ Return Receipt (electronic) $ � `T .S" c3 ❑ Certified Mail a Required Delivery $ /� !fir ,,, �dl O ❑ Adult Signature Required $ l C' I I V ❑ Adult Signature Restricted Delivery $ Postage ;/,. ( .5 CL) Ui $ Total Postage and Fees $ 3. Service Type O Priority Mail Express® r�-1 Sent To arrn ��^ III II I IIIIIIIIIIIIII II Ill II! I IIII I I I III ❑ Adult Signature O Registered MaiITM Restricted V ❑ Adult Signature Restricted Delivery O Registered Mail R 9590 9402 5390 9189 0172 77 - , --r PO------o.---------------�-----'I-----C- ❑ Certified Mail® Delivery Strgej • '%%}(� ►( QJ �] ❑ Certified Mail Restricted Delivery O Return Receipt for G - ®-"'---------------""" """"""- ❑ Collect on Delivery Merchandise ru ru ru art fl-. Certified Mail Fee $ Extra Services & Fees (check box, add fee as O ❑ Return Receipt (hardcopy) $ O ❑ Return Receipt (electronic) $ O ❑ Certified Mail Restricted Delivery $ D ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ _ O tf1 r-4 f' - N ■ 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: N,' kaA 1 iv$a n frwit, Go gbLp3) -Q%5 A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) I C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No II I Illill III III IIIIIIIIIIIIII II I I I I I III 3. durvice Type ❑ Priority rMail Express and Fees ❑ Adult Signature O Registered MailTM ❑ Adult Signature Restricted Delivery O Registered Mail Restricted ❑ Certified Mail® Delivery 9590 9402 5390 9189 0172 84 ❑ Certified Mail Restricted Delivery ❑ Retum Receipt for ❑ Collect on Delivery Merchandise ---------------------------------------- - - P Box No. N ---- q or r� 2. Article Number ?ranolar s...........a. •-• n Delivery Restricted Delivery O Signature ConfirmationTM '+4Y-'------------- ---- - 7 017 14 5 0 0 0 a a 9 6 7 5 2262 sail ❑ Signature Confirmation flail Restricted Delivery Reutr cted Delivery I (over $500) Iwr� fls r_.-_ 004.1 r -.r-- nnaI- ..s ..a s.. a.... ....... .. .• - _ - 1/11/22, 9:19 AM Weld County PROPERTY PORTAL Account Parcel R8967980 080507300031 Property Report Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R8967980 January 11, 2022 Account Information Space Account Tax Buildings Actual Assessed Type Year Value Value Agricultural 2022 0 3,151 920 Legal PT SW4 7-6-66 LOT A REC EXEMPT RECX20-0065 Subdivision Block Lot Land Economic Area FEED LOT ECON 2 Property Property Zip Section Township Address City 07 06 Owner(s) Account Owner Name Address R8967980 LEGACY 2809 E HARMONY RD STE 310 FORT FARM LLC COLLINS, CO 805283142 Map Range https://prcpertyreport.co.weld.co.us/?account=R8967980 1/2 1/11/22, 9:19 AM Property Report Powered by Esri Get additional detail with the Map Search. Copyright © 2022 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R8967980 2/2 WELD COUNTY COLORADO LAND RECORDS 1/11/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 9:14:33 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 080507300034 Account Parcel Owner Mailing Address R1315086 080507000020 SCHAEFER HENRY FARM LLC C/O NANCY HAMMERS 6781 CLOVIS CT TIMNATH, CO 805472216 R0344594 080507000028 SCHAEFER HENRY FARM LLC C/O NANCY HAMMERS 6781 CLOVIS CT TIMNATH, CO 805472216 R1149396 080507000030 SCHAEFER HENRY FARM LLC C/O NANCY HAMMERS 6781 CLOVIS CT TIMNATH, CO 805472216 R8967981 080507300032 MORGAN SHANA L '7 R8967981 080507300032 MORGAN CHRISTIAN R I�0 I 3 34244 COUNTY ROAD 25 GREELEY, CO 806319365 R8967982 080507300033 LEGACY FARM LLC 2809 E HARMONY RD STE 310 L. ' b FORT COLLINS, CO 805283142 R8967983 080507300034 LEGACY FARM LLC 2809 E HARMONY RD STE 310 LO 1 1> FORT COLLINS, CO 805283142 R8962153 080507400053 GONZALES KIMBERLY M R8962153 080507400053 GONZALES JOHN JR 12707 COUNTY ROAD 70 GREELEY, CO 806319364 Parcels: 14 Owner Records: 19 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS 1/11/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 9 14 33 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http //www co weld co us, and has not been modified from the original The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date Signature Date Property Owners Within 500 Feet of Parcel # 080507300034 Account Parcel Owner Mailing Address R8962154 080507400054 BRUNNER WANDA R R8962154 080507400054 BRUNNER BRETT J 12547 COUNTY ROAD 70 GREELEY, CO 806319364 R1332286 080518000034 TIGGES BARBARA J R1332286 080518000034 TIGGES PHILLIP C 33723 COUNTY ROAD 27 GREELEY, CO 806319355 R7922999 080518000048 WOYTASSEK PROPERTIES LLC 8830 MEADOWLARK CT WINDSOR, CO 805508416 R8750100 080518000050 KOCHERT REVOCABLE TRUST 11453 SPYGLASS HILL CIR ANCHORAGE, AK 995153074 R8961682 080712400039 COOK VAUGHN M 2012 REVOCABLE 5450 E COUNTY ROAD 32 E TRUST FORT COLLINS, CO 805289410 R8961683 080712400040 KNIEVEL KAREN M R8961683 080712400040 KNIEVEL KENNETH D 34472 COUNTY ROAD 23 WINDSOR, CO 805502902 Parcels 14 Owner Records 19 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS 1/11/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 9 14 33 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http //www co weld co us, and has not been modified from the original The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date Signature Date Property Owners Within 500 Feet of Parcel # 080507300034 Account - Parcel Owner Mailing Address R0022293 080713000014 LK FARM LLC 33571 COUNTY ROAD 25 GREELEY, CO 806319361 Parcels 14 Owner Records 19 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS 1/11/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 9:14:33 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 080507300034 Parcels: 14 Owner Records: 19 Page 4 of 4 PLAT VACATION APPICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS- - 12/29/21 _ FOR I )LAIw1WING QE#'ART 1Eh1T i E: DATE RE DA PLANNER ASSK ASSIG ED: PLAT INFORMATION Recorded Exemption 0805-07-03 RECX0-D4 Title of plat to be vacated' O Conipee Vacation {rrkust include all lot) El Partial Vacattcn vt the largest lot {must be over 35 acres) Llst of Iots to bP- vacated: Lot Parcel Number _ D 080507300034 AcreaC e Affected Easernents 132180 none PROPERTY OWNER( ) (Attach addrfrerr I sheets if r?eGessary,) name: - Corpany: Legacy Farm, LL Prticrt #: 970-222i Email' start @everittccmparlies,C0m Street Address: 2809 E. Harmor1V Rd., Ste. 310 City/ ta(e!Zip Code. Fort Collins, CO 80526 APPUCANTfAUTHORIIZED AGENT thorizafron mast br4 included if (hart rs an Authorized Ap rit, I Narne- Shang Morgan_____ - ornparty BfLlestar Capital Advisors Phone #- 9YJ1 Entail. srnor9an@b!UeStaradvSOrS. iz Street Address_ 1293 Main St,, Unit A #4263 City/ tatettap Code- Windsor, CC 80550 I (We} hereby dips anti slate under parnrties of perjury i lint ill M.Aements. prarfxosets, nntlior plar}s subrnilled wklh ❑r ioninined within the tpplit iian rr5 true mid correct to Inc best cit niy (our) kriowiedge, All fee awnei of The properly must 5i;�n This <lr(iIkc,atioir. IT an Auitioriz&d Agent sin, do AulhUlizallrlll Form signed by all lec+ owi ers rrnrst he criclucl .d wilts the apple troy. If the tee owner is a corporrlwlr. eviQertce must tie irkclucled inctic-alln 1 the 5iQnatu#y #ras the l'yiii ak+iturrnly in in For the carperatrcrt (We} ?iave l] a+u1 aiji-ee to comply wrih ttie rr g1Jlatlons tea cemp(Pte or partirtl var;atiurr of Fucov] cf emptian or yrrkxitvisrtsrrx.rroT]tkuirl wgriat.rre i rWner nr /'.o d Aaeri T+ Su�J5Rlurc- 1:)wlsei r r .I.Itx CJi,'.rL] AOtr1t Date L &ti-1.LJ\. Print Jflf r or Anarufi ri1 PIIRt w+ti}r or Auk#sor+�uJ llgeril 'Jf2C)j20?1 DEPARTMENTS OFPLANNMNG BUIL.D1NG. DEVELOPMENT REVIEW AND ENVIRONMENTAL hEALTH 1555 NCRTh 'I7' AVENUE GREELEY,C0 Q6 ] AUTHORIZATONFORM Ley ric±C Ewr CJpi1jIAwss Ki m, mve perni ,s3 Bnq (Ownr—pemepUO tiiorized AgerflJAppLn1—pIesepmp to apply fora A Planning,B ld n . Access or OWTS permil ort our h hale 1 We properly located m Mm7 or iceInin § wk m+SgOG4 Port of S ] 7 8 9 Lpm 0men@bn __ d am mcn Township_____ N, Ra,§� w W ucIi.rI5ion N me, _ L( 1 Block Fropery Owne a Immmaton 2&GEFormorty me mRFmCollins. Ce 80528 Add mss - 2-1e, rita nq_mto rnpat6 mm Phone: n&l A tlio rec AentJpplIc m Coma= In orrn m&m l 8MaFn S, Lm A,#426% Amy ,CO & L A m gm.- m44 g 3_rongbl «t osb12 Phone: E- t1&E Cpondertc in be senL tc: Dwne EL hull rod p Iimn MU EmailEl AdddkriIbb; -7 Owner $ mJe ., - \ Dale. .]J / OwnE &@imw Dale: Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 09/30/2014 08:58 AM ID Number: 20141599020 Document number: 20141599020 Amount Paid: $1.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is LEGACY FARM, LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company ", `ltd. liability company ", "limited liability co. ", "lid. liabilityco. ", "limited", "Ll.c. ", "llc", or "lid ". See §7-90-601, C.R.S.) (Caution: The use ofcertain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address 3030 S. COLLEGE AVENUE (Street number and name) SUITE 200 FORT COLLINS CO 80525 (City) (State) (ZIP/Postal Code) UnitedStates (Province — if applicable) (Country) Mailing address (leave blank if sane as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) EVERITT STANLEY K. (Last) (First) (Middle) (Suffix) or (if an entity) (Caution: Do not provide both an individual and an entity name.) Street address 3030 S. COLLEGE AVENUE SUITE 200 (Street number and name) FORT COLLINS CO 80525 (City) (State) (ZIP Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) ARTORG_LLC Page 1 of 3 Rev. 12/01/2012 CO (City) (State) (ZIP Code) (The following statement is adopted by marking the box.) ✓❑ The person appointed as registered agent has consented to being so appointed. 4. The true name and mailing address of the person forming the limited liability company are Name individual) EVERITT STANLEY K. (if an (Last) (Firs!) (Middle) (Suffix) or (if an entity) (Caution: Do not provide both an individual and an entity name.) Mailing address 3030 S. COLLEGE AVENUE 200 0 (street number and name or Post Office Box information) SUITE FORT COLLINS]C0 80525 (City) (State) (ZiP/Postal Code) United States (Province — ifapplicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) ❑✓ one or more managers. or ❑ the members. 6. (The following statement is adopted by marking the box.) ❑✓ There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Slating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a dale and, ifapplicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyy hour:minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORG LLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are EVERITT STANLEY K. (Las) (First) (Middle) (Si4fflx) 3030 S. COLLEGE AVENUE Street number and name or Post Office Box information) SUITE 200 FORT COLLINS (City) CO 80525 _ (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) (f the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG LLC Page 3 of 3 Rev. 12/01/2012 EXHIBIT "B" OWNERSHIP INTEREST AND INITIAL CAPITAL CONTRIBUTIONS Ownership Interest: Initial Capital Contribution Stanley K. Everitt 100% $838,098.89 4569905 02/26/2020 03:12 PM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $195.30 Carly Koppes - Clerk and Recorder, Weld County, CO WHEN RECORDED RETURN TO: Legacy Farm, LLC 2809 E. Harmony Rd Ste 310 Fort Collins, CO 80528 File Number: 5524-3394679 SPECIAL WARRANTY DEED First American THIS DEED, Made this Twenty-sixth day of February, 2020, between Edward Woodward, Jr. and Mary V. Woodward of the County of Weld and State of Colorado, grantor, and Legacy Farm, LLC, a Colorado limited liability company whose legal address is 2809 E. Harmony Rd Ste 310, Fort Collins, CO 80528 of the County of Weld and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of ONE MILLION NINE HUNDRED FIFTY THREE THOUSAND AND NO/100 DOLLARS ($1,953,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: THAT PART OF THE SOUTH HALF (S1/2) OF SECTION SEVEN (7), TOWNSHIP SIX (6) NORTH, RANGE SIXTY-SIX (66) WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER (SW COR) OF SAID SECTION; THENCE IN AN EASTERLY DIRECTION, 3,136.5 FEET ALONG THE SOUTH SECTION LINE OF SAID SECTION TO DIVIDING LATERAL; SAID DIVIDING LATERAL BEING THE WEST BOUNDARY LINE OF LAND CONVEYED TO PERCY CLEGG AND GEORGE F. KERN BY DEED RECORDED IN BOOK 748 AT PAGE 373, WELD COUNTY RECORDS; THENCE NORTH 2 DEGREES 50' WEST ALONG SAID LATERAL 2,642 FEET TO CENTER OF SECTION; THENCE IN A WESTERLY DIRECTION ALONG THE EAST AND WEST HALF SECTION LINE, 2,992 FEET TO THE WEST QUARTER CORNER OF SAID SECTION; THENCE IN A SOUTHERLY DIRECTION ALONG THE WEST SECTION LINE OF SAID SECTION, 2,649 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, EXCEPT ANY PORTION LYING WITHIN THE COUNTY ROAD 26 AND 70, COUNTY OF WELD, STATE OF COLORADO. Together with 4 shares of the capitol stock of the Larlmer and Weld Irrigation company and 2 shares of the capital stock of the Windsor Reservoir and Canal Company and 1 share of the capitol stock of the Roullard Lateral Company Excepting and reserving unto grantor, and to grantor's heirs and assigns, all of grantor's right title and interest in and to all of the oil, gas and other minerals, , including any and all royalties, bonus amounts, delay rentals, other payments due and payable under any existing or future oil, gas or mineral leases, including any executive right owned by grantor, but excluding and conveying to grantee all gravel, coal, iron, clay, sand, limestone, silica, fossils, precious metals, gemstones, ores, and all valuable bedded deposits that would be extracted by surface mining, under the property to be conveyed. also known by street and number as: 34244 County Road 25, Greeley, CO 80631 Doc Fee: $195.30 Page 1 of 2 4569905 02/26/2020 03:12 PM Page 2 of 2 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee his heirs, and assign forever. The grantor for his heirs and personal representatives or successors, does covenant and agree that this shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor except general taxes for the current year and subsequent years, and subject to statutory exceptions. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this deed on the date set/forth a love. Edward Woodward Jr. j' Lary V. Wbodward1/ State of County of Colorado Weld The foregoing instrument was acknowledged to before me this Twenty-sixth day of February, 2020 by Edward Woodward, Jr. and Mary V. Woodward. Witness my hantfieira?.a _ My commission expires: . , '+ -.:- Notary Public f Page 2 of 2 1861 ;, DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW GQ_''T-- Applicant: Legacy Farms, LLC RECX20-0065 Planner: Diana Aungst clo Stanley K. Everitt Legal Description: Being part of the S2 of Section 7, T6N, R66W of the 6th P.M., Weld County, CO Parcel I D #: 0805-07-0-00-003 Lot A Size: +1- 4 acres Lot B Size: +1- 15 acres Lot C Size: +1- 35 acres Lot D Size: +1- 132 acres Lot A: NWCWD Proposed tap Lot A: Proposed Septic Lot B. NWCWD Tap #124 Lot B. Septic permits #619830130, Water Source: Lot C: NWCWD Proposed tap Sewer System: #SE2000007 and #SE2000008 Lot D. NWCWD Proposed tap Lot C: Proposed Septic Lot D. Proposed Septic Yes Be X X X X X X Criteria Checklist 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 24-8-46 of the Weld County Code. 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Narrative: The applicant is proposing to split approximately 175 acres into four (4) Lots. Per the application materials Lot B has two (2) "residences" on it. The application call out one as the main house and one as the "mother-in-law suite". The so-called "mother-in-law suite" is 592 square feet in size and was built in 1920 (per the Assessor's data). Per an email received on May 22, 2020 from the applicant it was stated that the "mother-in-law suite" is not being lived in and is just storage. Since this "mother-in-law suite" structure has been abandoned it is will only be used as a residence when a permit for a second (2nd) single family home has been issued. Both of the above mentioned structures will be on new Lot B. 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. 1124 RECX20-0065 Page 1 of 6 RECX20-0065 1. If buildings requiring water and sewer are to be constructed, a Weld County OWTS Permit is required for both proposed lots septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. 2. Prior to recording the plat: A. The applicant shall address the concerns of the Public Works Referral, dated May 29, 2020 relating to the proposed Lot A, B, C, and D access location(s). B. The applicant shall address the requirements of WindsortSeverance Fire Rescue, as stated in the referral response dated May 26, 2020. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall attempt to address the requirements of the Town of Severance, as stated in the referral response dated June 11, 2020. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. The applicant shall satisfy the concerns of Weld County School District RE -4, as stated in the referral response dated June 9, 2020 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. E. 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. F. 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 rig ht -of -way. G. 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. 3. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0805-07-3 RECX20-0065 B. A 30 -foot -wide joint access and utility easement extending across Lot A from County Road 25, for the benefit of Lots A and C, 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. 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 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 Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. D. County Road 70 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 RECX20-0065 Page 2 of 6 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 Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. E. Show and label the existing and proposed access points) and the usage types (Agricultural, Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the plat submittal. F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-70.E of the Weld County Code. G. Show and label all recorded easements and rights -of -way by book and page number or reception number and date. 4. 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 occupied building or structure shall be constructed within two hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. 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) All access and utility easements are dedicated depicted on this plat, including owners of future lot configuration or number of users, and without use of such easements. No lot owner may instal of such easements without the approval of all easements. for the benefit of all owners of lots lots created therefrom, regardless of limitation of the use or intensity of the I a gate or otherwise impede the use persons with rights of use of such 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 9) 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. RECX20-0065 Page 3 of 6 10) 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. 11) The historical flow patterns and runoff amounts will be maintained on the site. 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, C, and D have an adequate water supply of sufficient quality, quantity and dependability. 14) 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 29-3-20.6.13 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. 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. 16) The approved configuration of this four (4) Lot recorded exemption does not constitute justification for further land splits. 17) Potential Purchasers are hereby notified that a confined animal feeding operation is permitted by SUP -22 is located southeast of the proposed Recorded Exemption. Specifically, south of and adjacent to County Road 70 and east of and adjacent to County Road 27. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 18) Potential Purchasers are hereby notified that a confined animal feeding operation is permitted by SUP -320 and 102 are located northeast of the proposed Recorded Exemption. Specifically, south/north of and adjacent to County Road 72 and approximately one -quarter ('/4) mile west of County Road 27. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 19) Potential Purchasers are hereby notified that a confined animal feeding operation is permitted by SUP -81 is located directly north of the proposed Recorded Exemption. Specifically, south of and adjacent to County Road 72 and east of and adjacent to County Road 25. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 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 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. RECX20-0065 Page4of6 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 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 RECX20-0065 Page 5 of 6 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. 5. 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. 6. 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. 7. 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. 8. The applicant shall create and submit unrecorded deeds for all the newly created lots; deeds shall include the legal description of each recorded exemption lot. New deeds are required even if lots will remain under the same ownership. By: Diana Aungat, Planner RECX20-0065 Page 6 of 6 Date: June 24, 2020 Hello