HomeMy WebLinkAbout20221412.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION,
RECX19-0035, FOR REMOVAL OF LOT D - GENE AND ROXANE SCHROEDER
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 18, 2019, the Department of Planning Services approved Four -Lot
Recorded Exemption, RECX19-0035, and
WHEREAS, the Board has received a request from the current property owners,
Gene and Roxane Schroeder, 1201 Hope Avenue, Pierce, Colorado 80650, to vacate Lot D of
Recorded Exemption, RECX19-0035, located on the following described real estate, to wit:
Lot D of Recorded Exemption, RECX19-0035, being
part of the NW1/4 of Section 13, Township 8 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Gene and Roxane Schroeder, for Partial Vacation of
Four -Lot Recorded Exemption, RECX19-0035, 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.
4831926 Pages: 1 of 2
08/02/2022 10:41 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
6/7 /2.2
APPL. REP.
2022-1412
RECX19-0035
PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX19-0035, FOR
REMOVAL OF LOT D - GENE AND ROXANE SCHROEDER
PAGE 2
2. The applicant shall identify a proposed access point for the vacated parcel onto
either County Road 35 or County Road 94 on the vacation plat.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of May, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD QjOUNTY, COLORADO
ATTEST: ddcavo jd,,•(1
Weld County Clerk to the Board
County Attorney
Date of signature: S /27/2.2
4831928 Pages: 2 of 2
08/02/2022 10:41 AM R Fee:$0.00
iiliktPkihriallgliiirailikiiiiel4414
ald County CO�4iiel 44414 Bill
Scot K. James, Chair
EXCUSED
teve Moreno
2022-1412
RECX19-0035
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Chris Gathman, Planner
Subject: Partial Vacation of RECX19-0035
Hearing Date: May 18, 2022
Owners: Roxane J. and Gene T. Schroeder C/O Macy Erickson AGPROfessionals
Legal Description: Lot D Recorded Exemption RECX19-0035; being a part of the NW4 of Section 13, T8N,
R66W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 94; east of and adjacent to County Road 35
Parcel Number: 0553-13-2-00-004
Total Parcel Size: +/- 141.254 acres Zone District: A (Agricultural)
Summary:
Roxane and Gene Schroeder request to vacate Lot D, being the largest lot of Four -Lot Recorded Exemption
RECX19-0035, recorded November 13, 2019, reception #4541212. This partial vacation of Lot D of
RECX19-0035 would result in an approximately 141 -acre un-platted parcel. Lots A, B and C of RECX19-
0035 are not a part of this action. Access Permit #AP20-00301 is a shared access onto CR 35 for Lots A,
B, C, D. Per the recorded plat, Lot D includes 15 feet of access easement as created on plat. The removal
of this 15 -feet will not affect access for Lots A, B, C. Per Section 24-11-50.B of the Weld County Code: "No
property resulting from the vacation may continue to use any access easement across other lots within the
exemption plat without express written consent of those lot owners." Lot D (to be vacated) has 1,147 -feet
of frontage on County Road 35 and 2,661 -feet of frontage onto County Road 94. A preliminary approved
access point onto County Road 94 is shown on the RECX19-0035 plat.
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 and the draft vacation plat map.
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.
2022-1412
Vacation of RECX19-0035 I Schroeder
Page 1 of 2
f,tx I6`- bb35
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. Provide one of the following:
1) Identify a proposed access point for the vacated parcel onto either County Road 35 or County
Road 94 on the vacation plat.
Vacation of RECX19-0035 I Schroeder
Page 2 of 2
i
Roxane J and Gene T Schroeder
1201 Hope Avenue
Pierce, CO 80650
March 30, 2022
Weld County Department of Planning Services
1555 N 17a' Avenue
Greeley, CO 80631
RE Vacation of Lot D of Recorded Exemption No RECX19-0035
To Whom It May Concern,
We are wntmg to request the vacation of Lot D of Recorded Exemption No RECX19-0035, as
recorded on November 13, 2019, at reception no 4541212 The legal description for the subject
property is listed below
Lot D of Recorded Exemption RECX19-0035 recorded November 13, 2019, at reception
no 4541212, being a Part of the Northwest Quarter of Section 13, Township 8 North,
Range 66 West of the 6`" P M , County of Weld, State of Colorado
The requested vacation is a partial vacation of RECX19-0035, affecting Lot D RECX19-0035
only The existing 30' joint ingress/egress access and utility easement across Lots B, C, and D
RECX19-0035 for the benefit of Lots A, B, C, and D of RECX19-0035, as dedicated by the
RECX19-0035 plat, is expected to remain and be unaffected by the partial vacation No property
resulting from the vacation will be left without access to a public road nght-of-way As no road
nght-of-way was dedicated by the RECX19-0035 plat, no existing nght-of-way will be affected
by the partial vacation The partial vacation is not expected to affect any existing improvements
A copy of the recorded RECX19-0035 plat and the draft partial exemption vacation plat are
included with this letter
Sincerely,
Roxane J. and Gene T Schroeder
Encl
1 Recorded RECX19-0035 Plat
2 Draft Partial Exemption Vacation Plat
WELD COUNTY
BOARD OF COUNTY COMMISSIONERS
May 18, 2022
RECX19-0035 Partial Vacation — Vacation of Lot D
RECORDED EXEMPTION NO. 0553-13-2 RECX1 J-0035
THE NORTHWEST QUARTER OF SECTION 13 TOWNSHIP 8 NORTH RANGE 66 WEST 6th PRINCIPAL MERIDIAN COUNTY
OF WELD STATE OF COLORADO
(SHEET 2 OF 2)
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END OF PARTIAL VACATION FOR RECX19-0035
vM,e..ree.no.ne —tea
VACATION OF LOT D OF RECORDED EXEMPTION NO 0553-13-2 RECX19-0035
BEING A PART OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6TH P M , WELD COUNTY, CO
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VICINITY MAP
Elq 905087th Avenue Suite 200
AGPRZGfessmnals 'pa 53S9eJ B4
DEVELOPERS OF AGRICULTURE F (970) 535 9554
VACATION PLAT
SECTION 13 TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6TH P M ,
WELD CORM CO
JONKI. 119•01
1of1
RECORDED EXEMPTION NO. 0553-13-2 RECX19-0035
THE NORTHWEST QUARTER OF SECTION
CeIIIID Ne•s
In nNn proposed
or tsnng etrudurss .III or d m f the minimum elba t and ells I **. Is I r In • district
and 1 oa prophe erly is located Pursuant t th• def.. of s•IeacY n h. Weld County Cade IM repo,. setback s
m• o b lid, g or tuebn o d fined and IIm11M le In cup else listed a Groups ABET HIM and R In
Section Sol I of IM1• ]018 intern. I Bulldlag Cods shall bePco IUMetl wthln a -1 dl • of anlanklam *Hory
or .nhln 150-iaei radius of any • oad .thin a SS -feel ru of any plug std a endoned all d gas .ell
Any conawcllon within a 100 -feet radius of any Ia* b r 150 -loot rod. of any welmead sha0 nqutn a
sea I m M le m el Ihl Ch pl r in area., *le Sub oven 33-3-10C of this Cade
1) Any future efu 1 no or u • n sit m 1 abr. the ppreprlat, sant p a d building permits
WeWt A lei B area Lel C are of • c. to a future land exemDllen In ace rdance with Seel n She -30C3 of Ins
la tooth cede
:1,17477 vita �iPei M• wig .aunty coon P hi for n*Itt g o to a weeds on th• alt, pursuant to Chapter
s) Weld Ceunry win real repel.• eapinp esy ant foe:btl wlih.n existing daht-ef.oy or pay ro relocate timing
anon .rh. n • I. era w nM1 yngm-er-wnY em
6) Ana and aunty sv mends an *neat. re In• benefit of an a of I e plc. n tnl plat
ins dl p
owners ill future le mated therefrom regardless a I t conllourollan a re
el a and *h. litellan of
Ina o Inf Its of In u • of silt., •a •mints Ne fat or say In a pt, pr r.h•nb•'r""" v 1 IM1•
ucnres mini rIAOW In apPronl el all Deneor .IIn dOhts of IIPu n m n
trnAca as an In Its shall be **lel d 1 mltigale any impacts la the public road Including damages and/er @hells
Ying
3) Pee N Ins Ne:ae alb 1101 y pemll 1 sty II be required to *mil a campl.• access appllcatlw for
o Pnnmi sell app •d'a c• I .soon o In uPP n thl PI:1
R OM�eI Wry U Pi II Prlar leticemmmnmanlp n a Y Cal ly npM1t -ol-r Y r .aa.m nl stall stool., a aprond
10) TA MO deal flew p H m o d u 11 me I *II be matnt In. on the Ile
11) P to le
Ins lease el bulled :v p•rm11e• an• o pllcanl •boll submll a "cardaa deed dewnbins In lei open .nl A
the P loll I• nRu 1 M1 In ull inp•mlf appllcallena TA I•pal es•cepllan en au M1 d••a •null .,clues
the Lell l *slat.* and R e Ned EAempllen number
13) Prler . In rel os bulldl g loll• the appl.ant shall submll tilde e• le ih Dope.. 1 Pla tins Sen.*
that WI A B C and/o B hae on We.* rat upPly of sunk( 1 quarry puentlly and depend..
1!) Pften. purchasers should be aware Thal Lets A. B and C may net be ellalbl ter a dam Ale w II permit which
IWeld ate p and/ IM1 w 1 d g el *Ic o hn. TM Slot BNloian of Wales Res. rtes hues ally"!
p OM
11) Potential purchaser@ ate uld be aware that grou dwaler may not t all etl YI a rP r tondo. a• deMN by the
Colorado Department e' P bas Health and Cn I nm nl The Id County D poem 1 of Ic *Olt and En *run.
. ongb enc. ages well user. to hal th•...king water odor le ca motion and pad Ep IIy lh rear r
IS) Pal•ntlal punnasan .team be aware IM1at aODroval k Ihts Rs; Nee Fr•mpllan dine n 1 p n 1 Ihel . II pamita
roll ii iaaoi iP IierloP�. p"Y ter maY b. ae.m•ain��lunaabl. it M Nt I. .,obis 1st eNen a .AI p.rmn
IB) Racerd•d Exemptena an a%Iaanl pnpenln m rohd IM tea a el campllana •IIA 1h I 1 tit 1 IM1 R c N•d
prop rites P eceaa Approval p this Rsordetl Ca moll n on nei oil ro 1 app owl el lulure appllcaNana an edlee t
17) B ndl p p inn boll b *tat d peer le the condo n n of any bulling B *I lh 1 meet IM d nettle e n
Ag Exempt Building per Its• requirement, of Section 39-1-30 and Sedlen 19-3-30811 of Its• W Id Co MY Cod de
at n.d holm o firma however a Cert.. of Cempna ce must b filled with M• Planed o Depadm I and a
el dd. and/er pl mbi g oer. I rectutred f r y Ism al env. ro Ih b Vd 0 win . wal ono or .aching
III e. . or poultry
le) BuilUl P inn ts u e tith prose d I I will b q Ina to adhere to In• I structure of the Counh-WTee
Road Impel rse Prepnm
r9) BuneIB10 i desIllm5d f. vine prsp ced lets von be requite to edh• ta 1Ae le• structure of me County Fad.
30) headPaten.
da.ry) aPurchasers
ulh pal of IA prop.. Recorded Eaamplonal Spwll ally feerUng •'eh and adjalion Is lcent ted bo C.. Rpady USR-1395 l °
93
and deal and djaeml to COunry Reed 39 011 -Ate rrrac Inat m y be • unlend Include n from trucks banters
and epepmml dual win animal pmt o d etlon inm animal cenllnun•nl `ellap antl manure
21)ud.IIT bTO ut OMARot te0 MINERAL RESOOUdRCEES STATEMENTo I Weld County
h a spin• of Ind meal abu dant mineral res. e
Mill e° I an Wel re... P because (a) IM1e States a `ool Under . mineral dlo SA of epesM aloe Colorado
I to Ih `e5rol a
eco el omy (b) the pap 1 cilI th lot lease .rill I shortage of each cep Ifs nd (c) such *pc. should
be wctetl accord. to a atone plan calculated ta pole rash of such deposits and ca a bed least p"c11cable
loc..ne **spa a tnmughoutM. life
unty the
`person of five
belMercount*
c o .e ofthesit nra m
*social. wIlh tel: *vela °I Off n and
" alias are li d 1 OW candles IaOn nerve Imps
^m Ira s I r re pee° a aft tl p•epopport
le • Intl In• ml rot resouro• an protected property noble and m.•nl amen should afford d In opportunity
UntiN22) �tesUNOR c yIgo kingFARMIhe STATEMENT ten7count. In Pthiels one of*unity Inhmost total market value orod f agricultural productsrIc Hu* co in
sold
Th rural area of Wald Ceunh In* be open and spa.* but they are Ileena nM1 us. ler
agriculture Persons ma In P Into a l area m 1 recap s a d t l n drawback Incl. g enll.l, with
1 p.a.* gelluilo"I racltices a d a low r level of • ry es Man to own Along wilts Its drawbacks am n
A P than r tiro natal• la Zit a n lava a c as ell le
IactnateullY n la• and <ono•suen and IA• rvrol atmeapben and r of Ilr WltM1avl anA9hbenn0 lama Ihea la lure
.retch alit 1 when d.allere le noel Weld County would quickly be g n for. r Agri thin users of the land should
net be exect. to change Ihsh le o-eslabllahed agricultural practices to accommodate the Dural
neiensf of urban u
in. a rural a agricultural vdl Ines . gen rat 11 -sr@ Impact. Including n and se
Je.Pinm animai chimm nl ".7,V,, •area ^4.1..7.°°..:',1'47d7, h 1; nee •ert *'oust* 'Or.'I rag
alp e a and le quand *Pits a in the
III d i vddl Mee .handy sports eared
gulf I .na .I D.
and In. u.• el pnnala.. era feint.,., o m.
to gyncultum° producers to On. an7ore mu., *non
lof agrrl pre
mach., and euppno . lel In In Ir hr..*
op cenwllon of miscellaneous gdeultunl mated. oen produce@ a Isual dt parity 6 1. a
of In• County Sect. !S -S5-032 CRS pmt.'s that a age.** opera* shall not be found and
b•
a^ ubllc a pal ate n • 11 the aeroullurol D alb pall• tl le �• a nulaa a •apt " Ihea r pan tic that
enlY a wmlY a at d wilts a0deullurol Praaacllen nag bon mllnuof le be IM III•Ilne ter
Ih og'cultural community II Is um*** to assume that ditch•s and noon In may Imply be moved out of the
way DI *id*. derelapm tit wit. me lop le the .a.Dnpem owners and lent, must italic tn.a caln
lake der olio ditch a IaY er Ih r structure n y ha • an adjudicated dghl le IM • 1 r Iron. W Id
Ceunh n eland areaal aFproeimalsly feu thou* d (1000) nuaro miles In Is nwl • the slzo of the Stale of
are) run men math • he sand sovn hundred ((3700) mne o1 Sr to and Gout*
rod Weds I
rem hip.* Th• eh r uniNtl • lo ery.hes w eu Lae *forte.. Is based e
sponses to c e h m re inn o pawl' o • Counts d th• amances vhlcM1 mud be traveled may delay all on
m rymcy re pans. Incluctng law enforcement ambulance and Iles IIn pMectlen 1 usually pr.dcd by ohm..
who mud leave m
Ineir la* and lamlllea le respond to ...enc. Co nh on11
r wel ode m h • Ilan MeV are
bladed will not p O Ide In • kind of urface a t@ ced from a pa ad Snow removal pea Ilia m an hat reads
from eubdt h.. to 1d a Is may not cleared 1 rs rol IaPre after a majo • ewslam
Servlcas in uul areas In many case will a9owl•nl mu.** s Mc a punt tl.•Ilen mud by M
bebmo nzPetl.Mole. than urban ddele ^ People npee d IOOdifferrs. hazalyds en thee County than In an urban e
u p ups•., n ulpm•n1 ppale a r pal•poser la^p lope B dburnir
cenlar ONct pant real • �. CoIr ll a ea d Gura punelun pore le nal on farm Dv. one Il but a a era"
prole D prof nl real tenet, e Iro p enlldnn Bell III•s Is Impedanl tat only for M•Ir ley pill al 1 r the
Data o of Ind la mars IN•Ilneee ll
13 TOWNSHIP 8 NORTH, RANGE 66
OF WELD STATE OF COLORADO
(SHEET 1 OF 2)
VICINITY MAP
LOT AREAS (GROSS)
IAITC
LOT D
ram..3
50061 ACRES
WEST 6th PRINCIPAL MERIDIAN COUNTY
FSIGTINO PROPPRIY DESCRIPTION
North.. Ouati r (NW 1/1) of Section 13 located In the West Hall of Stolen 13 Township 6 North Rang 66 W M .11
Pnnelpel Meridlan Ceunly of W Id .1 of Col red Th also •-de a Ib d p n 1 Ito. n..n 156 371 Acre more or
ePROPFRTY GRFRIPT.
Wi A of Roe.. Exempt. No 0553 -IS -3 RFCY19-0035 nwrd d in Ih olll • of M Weld wooly Clerk and Recerde
County of Wed Slate of Colorado The above -desert., ct, at paresis la d e of In 5006 A rn re or. a d leubl cly
11 wt. -of -way a eat r easement, as gated a m•nts served by In. of retard ar as new .,*ding a Bald ro
WI B of Recorded Exemption Na 0553 -IS -1 REMO-0035 record. In the office of lh Weld cal nlymy Clerk a d Recorder
Weld
County of Stale of Color. Tho above-dofedbed panel• of land con.. 5°06 Acres Ins and le *Id el
toa tights -al -way o ether ease.. as granted or manhmarred by Instruments el ard or as new • Isllno an sold *el
of land
Lot C of Re... Exemption No 0553-13-3 RECD. -0035 recorded In the office of the Weld count' u
Clerk and Recorder
Caunty of Wevparcels
Weld SIGN of Colorado Tho obo-described panis s el land ale fain. 5006 Acne m less and Is bjnl
1 a right -al-way o ether easements as g anted or .rued by Inelvumsel record or as now eslefIng on eata IoM
of land
Lot 0 of Recorded ...Ion Ne 0553-1l-3 REC319-0035 recorded In the office of the Wed county Clerk a. Recorder
C unty of Wed State of The *bow -ds db. pan le of land con al • 111 351 Ac n m and le *noel
el 1 ntl aright, -Or -way or Other item I as granted er tee rved by Inerom N I record r as now P I II g on said tract
911RVIynR NnTFG
1) All tent a le b Y pas • mope and malls., numben a • public doeummta n file al the Clerk d P cord.
0 Ines of Weld County Slel Cal d tie. staled omen...
]) NOTICE Mope. p Ca Y Co.Coo do low you u 1 e legal amen based upon any defect In Ns survey .thin
three .re ells you lint dine end h d 1 el may any amen up any d 1 el in fhl m" be
rnme d methan t n Ysars from the date al the cartllicallan shown M1 ten 03-80-1°5 CPS) Ann Tay. a Duke
LIL and/or n r Se. L Ducar.. . reel be tee. for more than the coal of Inls survey a d men only le Ih Cne 1
eMeath here n
Its. In NM b 1m d hare* fli °s MMriza. Acceplane a d/e use al Ihls lnetrumenl ter any purpose
dn apt ra1 by le all•
3) BASIS aF BEARINGS The Bea Ina al fib e07 06 Weal b ..* the W sl **ter Co n of el Section 13 (me nled
.rah a 3-1/ aluminum capLS 37041) and IM Nod.. C m . ' S emit 13 (monument. witha 3-1/< alum. m
cap LS 139]) Is vasumsd
I^All Y a. mini a a far dphl.-el- ;P h hr@• hem sheen en Inds plat 1he en• ants and m .,n7;ef-day .Men
a•sty .n M1 non may not cpmPl•N a a stl an p•narel Inlematlen and an le b• w d O IY In b ten 1
EASEMENT k B.0 W. NOTES.
THE RECORDED EMMEN. AND RIGHTS OF WAY INFORMATION SHOWN HEREON ARE AS UST. IN THE KID COUNTY
ROAOVIEWERS REPORTS AND TITLE REPORT PREPARED BY COMMONWEALTH LINO TITLE INSURANCE COMPANY DATED
SS JANUARY 1019 TITLE REPORT No N0551056-310-GRO-LW NO OTHER EASEMENT RESEARCH WAS PROVIDED AND NO
EASEMENT RESEARCH WAS PERFORMED BY ME IN THE COURSE OF THIS SURVEY NOTE SOME UTILITIES MAY NOT BE PLACED
WITHIN THE SHOWN RECORDED EASEMENTS *LIT' LOCATES ARE RECOMMENDED TO DETERMINE THE LOCATION OF THE
UNDERGROUND *IMES
EASEMENT NOTES (REFER TO SCHEDULE 0 PART II OF SAID TIRE COMMITMENT)
1) Muhl of War I lb Boyd d DeClell °Itch NO 3 Insofar as IM1e yam may If.. Wad a h
on the map of Boyd Reserve. Nos I . 3 hied 0.. r 5 1906 al nano Number 113153 (AeeDllan / le)
*cum* IM1e ums 1 does not con.. *Ilk. Inleallen to *term. I.otIon therefore 1• net eharn
3) Canmml(e) for the purpose(.) snow below nd rig. Incidental Ih Me as reserved In a dm m nl
penned by Robe Boyd
u • Th• WO le a. a small lateral ditch new a Ira I d fir 1r@ easterly paelon of
Leo*
Rerardi g D 1• Book
TS lP
R rdl p N Beet !ri al P p• 11!
(Exception #12)
Natation do ume I doss real ale tales sulilcle 1 1 lemallen l0 del mina lecatlan Inanlon Is not atom
Stun vYrl :r.l. r.
slimintrr 7+fl7JMIV1Ed1►NPILtlFkA1141
PROPERTY OWNERS CERTIFICATE
he Gene T UMW.. INer and ; an Jenchn, der lh• attached being
ale
l und.r..lOaf Ins panel(e)dlascab.
M wifh.)of I* land ae
•fib
(Apticul."Ij s • dlaldcl and .Pats Inland d 1 prwitl a ter the eentluel of athm antl u by P dial
iCAILEdd�,
Gene T ...sr Rax: • J ro d•
Slat of Col redo )
County el Wed ) s
The foregoing certificate was acknar.edg d before me MI 'o— day
1 Mollt \m- l0 3019
BY Gs. T Sehreeder and Raaano J Sehre der • r pr.• fly bet n m
Mr .nunIssl n E p 7 Ip�?D21
Notary Public whiteout r
MATEO? COLORADO
Mtn. mI N d and 9 al `n usea•mase Haul
EASEMENT CERTIFICATE
We Gene T Schroeder end Rev n J ...sr being the Int le I old Try I ol awn n/e In lee of the
• n -d a nei( ) of hand do hereby undhdae the w shown loon• map I de hereby tied*. for
the ben. 01 they roperh or described e I m same
terthepurposesP shownordescribed NMN„ contained
hereln or *re* eM1all tea construed as creating a y tights In nlh 0 pbl o a d dl a p o subtle u the
Cm• T Schroeder
Slate of Colorado )
County of Wald )a
R a eJ •dr
Th• lonooing certificate was acknowledged before me thts tLp day
of (aLr A.0 3019
BY G • T Sch.. and Rogan• J Schroeder were Dre•enlly *tore me
MY Commleolon EapIr. . 1I avi
N bN; �(nu ALA
Witness my Hand and Seal
larvADvrtlant
mruxnrsmwanNml
CERTIFICATE QF APPROVAL.
By A D par*. of Planning S.M. — Adminlsirollve Red •
Thls plat le accept d a proved by Ih 0 p rlm nl of Pio I g Service• for Inn°
Director Department of Planning Services
St I of Col tie )sa
c only I Weld )
The to *going c.f.. was ...lodged before me mle�eoY of
Navambir 1019 '•
MY commies,* expires aisrx
Witness my hand and seal
Abstuw_easulair,_
0 n —777' ar0
UIRYFTOR S STATEWNT
Sc. L 0 common a replete. proleselanel hind • rveyer In the Stale of Colorado de hereby certify lh t ih ry y
npnnnlN 'W Inl plat .o antl Ina. Inls rylal I• an :;cure' n naen rft
IMnA I e Staf .Boa Intl a7,°°'.7.;:r.71.51",11'001,%.@:111 fo alglp motel, In npulrve a a laws al the SNN
: Col rode Slate Boa d of R•slei"lion for Prolanlenal [n01n`gd!N)1� oq)I ; on I Land Surveyors one Weld County
oo�v::6Ye'"'�- v F
G@Ig
X'r�
A>po<
S
call Du mmun LS 37011
for and an behalf el Altos Taylor a Duke LAC
Job No 1018 -DST
BATE d"'PtJaj619
I
s
0
C
L
3
0
ARTY NorthwPestO PHrf (NW 1% ) I Seell. IS lac., In Iho West Nall al Section 13
Town hip a North Re 9e 66 Wet 6TH P. 'pal Reddlan County of Weld 500 of
COlTh• a. The
dese bed DartNI of land I wland
. 15637272 eA1re m Acres n er I ssn er le.
ECORDE® EXEMPTION NO. ®553-13-2 RECX19-®®35
THE NORTHWEST QUARTER OF SECTION 13 TOWNSHIP 8 NORTH, RANGE 66 WEST 6th PRINCIPAL MERIDIAN, COUNTY
OF WELD STATE OF COLORADO
(SHEET 2 OF 2)
NW ER OAWL ll
NEW PROPERTY DESCRIPTION FD 1 IN AI FA
Lei A elf Rec.. Exernplea No 0553-13-2 IMMO-00535 le Ord. In ih olllce STAS1ROLC UP
of ihw Id c 7 rd Recorder County of • of c ora, The
gibe e-doerthod parcels of land a e 5006 Acne m o d to subject J L NORTH LOTH OF TIM NORTDWEST. OF SIC IJ
le and rl9M1ls-DI-.pY pr a m m Ole a p e Id or neervsaeby In rumen) of
[ 3-•P):OJ.�
r cera a ds new • wll p n fe �erocl el Ivnd 3 - --y
Ice B of Receded Exempt. No 0353—I3-2 RECA19-0055 record d In the office
el Inc weld caunify <wM1 a R d e rah :W.I°2"'.
Seale el Ce'eroao in
bo —des i re 1 el a d eenfal • 5006 and I eub)ee1
lo any dphts-0l—w,
so g eta Inv1 Iona the easements d or reer. by Instruments of
ece, now Ice C of Record d Exemption N 05553-13-3n1 r 1F C —0035 recorded In the off.
obave-descrlbedcounty
ppa Clerk
Is ell land canwl s 5DOSeAcre ere or less and
ndd Is ubf I
la enr .Ohl -ef-w� e e pronl.d er naema pY elrvmenw el
Heard e e rap. allnp a .ell PM' DI land
I of the Weld re county Clerrk cad No 0553-13-2ly of W le slot of Call rad lhiherllc.
ebo •-a arlbed al lane enl . 14? x54 Acn. o and I
Wed lo 0 `et -of-way or ells. Inmord ays ro i er ..One it
Instruments of rd let1 ps old tract el land on
SIIRMOR MOM
1) All of rencev to boa. Daces maps and race Ilan numbers public
n Ina al Ma Cleh a d R corder. GUI or W Id rdy Stale of
cpipAae �nis..mwa aMe�.'
tv NOTICE Accord'''. of I • you m 'commence any I :' a n by e0
defect In na el even, mot arty rye, with.
itnl a threeupoyears ny a W I I nMI survey dbe A
commenced m n than fen yearn from M. dole I Ih deli all n shown hers.
<U —e0-105 C RS) All. Tayle t c Ya LLC a s/or See. % D ammo will n b
Cable le man Man Ow cos f le rvey d than only h CII nt epee.,
hewn nanen or In our file by •l.. authodvdilon Accepw c and/or el Ihl•
Inslnmenl for any cu.. co etlWlw acre meal by 1M1 11 t le al b me of I a
her pre
3) BASIS OF BEARINGS Th e rig IN.. 00'0, 06 Wes, Iwo IM1e Wosf
Oue. r Came o1 S el 13 (mo meted with a 3-1/l aluminum cep LS 37041)
Nerlhwe I Cam r of Se. n 13 (m um.. with a 3-1/l 'uminum cep
LS 4393) Is ass m d
4) All known eas meals end/.r dfpkw— ^wan h b M1 . n Oils plef Teo
e right I—way
hi^ a n here. may n i b cemplele are
b ad on p rol I I' d le be used only In MN co 1 el
I Sc.
I load L 0 common a n'hale th Dreley repel land ens a In Ilse Seal. of
Colorado ae sup n leaiyo Ihal at un Pmaa d by the re was mode one r
Y P n p u tale d Ihpt the cell I e roe gip 'alien IMndl I
1 .n r e.lh tlDiet 1M • reel area'flo a win h wells all apPlleebl r I
nroulalll ns end Ia.s eI Me »ale al Celend Slate Se rd a1 Weld
County ter
Prof pool [ p • nand Prof no Land Sunelen area W.Id County
For end 0 b hall ill Alias Taylor A 0 ke LLC
'1,1"°s4°,4-,91,1837
LINEAL UNITS STATFan[[
^I aUIanC measured
wee and decimal ore
u 11.
LEGEND
• v FOUND NONUIIENT AS DECRIBED
— —
— — — — w SECTION UNE
O = 5A REBAR WITH PLASTIC CAP v BOUNDARY UNC
sCO LS 3>041 _-.--..-..-
I�v SCCNON CORNER AS DESCRIBED
$v SECTION SUMTER CORNER AS DESCRIBED
+A SECTION CENTER CORNER AS DESCRIBED
3�
solo
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RE27825
3 RED. 02/0171900
RECORDED...041908
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EASEMENT
RECEPTIONPOIOUI
DATFU JUNE
rose 3,1; RTn tin AL PAP
l iAURDL5 J,MI
SOUTH LINF OFT eNORTIIWLST 1/40P 60C.
CUe,Ca CAN:TJI
Ru
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STAMPED LS 32m1
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®athii trieiVitigiarillimat
Re.leans p• R I •
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0
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
heanng 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 heanng
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: May 18, 2022
TIME: 9 00 a m
APPLICANT:
Gene and Roxane Schroeder
1201 Hope Avenue
Pierce, Colorado 80650
REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX19-0035, for Removal of
Lot D
LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX19-0036, being part of the NW1/4
of Section 13, Township 8 North, Range 66 West of the 6th P M , Weld County, Colorado
LOCATION: South of and adjacent to County Road 94, east of and adjacent to County Road 35
(See Legal Descnption for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 6, 2022
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE DATE RECEIVED 'd -I'{ -L0ta.
PLANNER ASSIGNED
PLAT INFORMATION
r
Title of plat to be vacated Lot D of Recorded Exemption No RECX19-0035 S 13 T8 R66
®Complete Vacation (must Include all lots) Partial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated
Lot Parcel Number
Acreage Affected as
D
055313200004
141 254
N/A- no vacation of easements is proposed
,
PROPERTY OWNER(S) (Attach additional sheets /f necessary)
Name Roxane J and Gene T Schroeder
Company N/A
Phone # (970) 301-1171
Email
Street Address 1201 Hope Avenue
City/State/Zip Code Pierce, CO 80650
APPLICANT/AUTHORIZED AGENT (Authonzation must be included if there /s an Authonzed Agent)
Name Macy Erickson c/o AGPROfessionals
Company AGPROfessionals
Phone # (208) 751-3856
Emall menckson@agpros com
Street Address 3050 67th Ave
City/State/Zip Code Greeley, CO 80634
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge All fee owners of the
property must sign this application If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or
subdivision exemption
t711177- Signanet br Authorized Agent
Macy Erickson - AGPROfessionals
7/20/2021
3/30/2022
Date
Signature Owner or Authorized Agent Date
Print Owner or Authorized Agent Print Owner or Authonzed Agent
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
I, (We), RoxanerJ and Gene T. Schroeder give permission to AGPROfessionals
(Owner— please pnnt) (Authorized Agent/Applicant—please pnnt)
to apply for any Planning, Building, Access or OMITS permits on our behalf, for the property located at
(address or parcel number) below
055313200004
Legal Description NW4
Subdivision Name NIA
of Section 13 , Township 8
Property Owners Information
Address 1201 Hope Avenue, Pierce, CO 80650
N, Range 66 W
Lot N/A Block NIA
Phone (970) 301-1171 E-mail.
Authorized Agent/Applicant Contact Information
Address 3050 67th Ave Greeley, CO 80634
Phone. (208) 751-3856
E -Mail merickson@agpros com
Correspondence to be sent to Owner ® Authorized Agent/Applicant o _ by Mad p = q Email
Additional Info'
Owner Signature _ � _ Date
Cf— zZ
Owner Signature Date 7 6 - 2Z
WELD COUNTY ACCESS PERMIT
Weld County Public Works Department
1111H Street
P 0 Box 758
Greeley, CO 80632
Permit Number: AP20-00079
Phone (970) 304-6496
Issuance of this permit binds applicant and its contractors to all regwrements,provisions, and ordinances of Weld County, Colorado
Project Name'
Permit Expiration Date.
Planning/Building Process
Parcel(s).
Proposed Use
03/09/2021
RECX19-0036 No
055313300007
Residential
Field
Access is on WCR
Nearest Intersection WCR
Distance From Intersection
Number of Existing Accesses.
Latitude
Longitude
35
35 - 94
3645
0
40 65868
-104 73486
Applicant Information_
Name
Company Yahweh Properties
Phone 970-646-1673
Email brian@banmsterlandhomes com
Owner Information
Name
Company Same as Applicant
Phone
Email
Road Surface Type and Construction Information
Road Surface -Gravel
Culvert Size and Type 15" CMP/RCP minimum if required
Material to Construct Access Road Base '
Start Date Finish Date
Required Attached Documents Submitted
Traffic Control Plan Yes Certificate of Insurance Yes
Access Pictures Yes
A Copy of this permit must be on site at all times dunng construction hours
Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved)
Approved MUTCD traffic control / Warning devices are required before work begins and must remain until completion of work
**Crushed or recycled concrete SHALL NOT be used for tracking material in the County ROW
All access points shall comply with Weld,County Engineering and Construction Cntena found at
haps Plibrary.murncode corn/co/weld' countv/codeskharter and county code?nodeld=CH12LIPE AP APX12-AWECOENCO_ CR
Unless otherwise authonzed
Special Requirements or Comments
Utilize new shared access point on CR 35 (1-RES) located approx 3645ft south of CR 94 for Lots A, B & C in accordance to
RECX19-0036
Approved By:
2020 03 09
11 00.17 -06'00'
4472383 03/11/2019 OS 04 AM
Total Pages 1 Rec Fee $13 OD
Carly Koppes - Clerk and Recorder, Weld County, CO
QUITCLAIM DEED
THIS DEED is dated RI *Jai I se , 2019 and is made between Gene T Schroeder and Roxane J
Schroeder (whether one or more than one), the "Grantor," of Weld County Colorado, and Gene T Schroeder and
Roxane J Schroeder, , the "Grantees," whose legal address is 43558 CR 37, Pleree, Weld County, Colorado 80650
WITNESS, that the Grantor, for and in consideration of the sum of rEN DOLLARS, (SIO 00), and other
valuable consideration, the receipt and sufficiency of which Is herebpacknowledged, does hereby remise, release,
sell and QUITCLAIM unto the Grantees, and the Grantees' heirs and assigns, rower, not in tenancy In common but
in asJoint tenants with rights of survivorship, all the right, title, interest, claim a ndfdemand which the Grantor has in
and to the real prbpetiy, together with any improvements thereon, located in Weld County and State of Colorado,
deaenbed as follows
Northwest Quarter (NW '/4) of Section 13 located in the West Half of Section 13, Township 8
North, Range 66 West 6d' Pnncipal Meridian, County of Weld, State of Colorado, contaunmg
156.274 Acres, more or less
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
thereunto belonging, or m anywise thereunto appertaining, and all the estate, right, title, interest and claim
whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantees, and the
Grantees' heirs and assigns, forever
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above
-4e".--q- l'efeeaLi .))(11V47 -e64,7
Gene T Schroeder Roxane J Schro
STATE OF COLORADO
WELD COUNTY
)
) ss
)
The foregoing instrument was acknowledged before me this Sr day of M a Y an , 2019, by
Gene T Schroeder and Roxane J Schroeder,
Witness my hand and official seal
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20U44002376
MY COMMISSION WIRES XI 2, 2020
a ' dtuta yw(
No Public
Name and Address ofPerson Creating Newly Created Legal Descrt Lion (§ 38-35-106.5, CJt S )
ALLESJAYLOR it DUKE
3610 35 Ave, Unit 6
Evans, CO 80620
No 962 Rer 1-06. QUITCLAIM DEED (To Joint Tenter) (Page I of 1)
individual situation
3 Prior to recording the plat
A The applicant shall satisfy the concerns of Weld County School District RE -9, as stated in the
referral response dated April 4, 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
B 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 nght-of-way
C 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
D The applicant shall provide the Weld County Department of Planning Services with a Statement
of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original
parcel
4 Items to be included on the plat
A The plat shall be titled Recorded Exemption No 0553-13-2 RECX19-0035
B Show and label a minimum 30 -foot wide access and utility easement to provide legal access
to Lots A, B, C and D 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
C Show and label the existing and proposed access point(s) and the usage types (Agriculture,
Residential, Commercial/lndustnal, or Oil and Gas) Public Works will review access locations
as a part of the plat submittal
D County Road 35 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 buiidout The applicant shall delineate and label on the plat the future and
existing right-of-way (along with the documents creating the existing nght-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 III, Section 23-3-50,
the required setback is measured from the future nght-of-way line This road is maintained
by Weld County
E County Road 94 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 nght-
of-way at full buildout The applicant shall delineate and label on the plat the future 92and
existing nght-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 venfied it shall be
dedicated The applicant shall also delineate the physical location of the roadway Pursuant
to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50,
the required setback is measured from the future right-of-way line This road is maintained
by Weld County
F Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50 E of the Weld County Code
RECX19-0035
Page 2 of 6
G 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 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 Budding 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 appropnate 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 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
5) Weld County will not replace overlapping easements located within existing nght-of-
way or pay to relocate existing utilities within the existing County nght-of-way
6) 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
7) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking
8) Pnor 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 nghts-of-way or easement
shall acquire an approved Right -of -Way Use Peemit prior to commencement
10) The histoncal flow patterns and runoff amounts will be maintained on the site
11) Prior to the release of budding permits, the applicant shall submit a recorded deed
describing the Lot upon which the budding permit is requested with the budding permit
applications The legal description on such deed shall include the Lot designation and
Recorded Exemption number
12) Pnor to the release of budding permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A, B, C and/or B has an adequate water
supply of sufficient quality, quantity and dependability
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13) Potential purchasers should be aware that Lots A, B and C may not be eligible for a
domestic well permit which allows for outside irngation and/or the watering of stock
animals The State Division of Water Resources issues all well permits
14) Potential purchasers should be aware that groundwater may not meet all dunking water
standards as defined by the Colorado Department of Public Health and Environment
The Weld County Department of Public Health and Environment strongly encourages
well users to test their dunking water prior to consumption and penodically thereafter
15) 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
,
16) 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
17) Building permits shall be obtained pnor to the construction of any budding Buildings
that meet the definition of an Ag Exempt Budding 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 watenng or washing of livestock or poultry
18) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program
19) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs
20) Potential Purchasers are hereby notified that a confined animal feeding operation is
permitted by USR-1395 (10,000 head dairy) and is southeast of the proposed
Recorded Exemption Specifically, north and adjacent to County Road 92 and east and
adjacent to County Road 39 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) 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 vanous 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
22) WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most
productive agncultural 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
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drawbacks, including conflicts with long-standing agncultural 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 aenal spraying It is common practice
for agncultural producers to utilize an accumulation of agncultural machinery and
supplies to assist in their agncultural operations A concentration of miscellaneous
agncultural 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 agncultural 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 agncultural 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 nght 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 pnonties mean that roads from
subdivisions to artenals 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 tounty than in an urban or suburban
setting Farm equipment and oil field equipment, ponds and irngation ditches, electncal
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 Any proposed subdivision adjacent to or contained within this recorded exemption may be considered
to be urban scale development Urban scale infrastructure may be required
7 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County
Code The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the
Department of Planning Services Upon approval of the plat, the applicant shall submit a Mylar plat
along with all other documentation required as conditions of approval The Mylar plat shall be
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recorded in the office of the County Clerk and Recorder by the Department of Planning Services The
r Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the
administrative review was signed The applicant shall be responsible for paying the recording fee
8 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Administrative Review was signed
a $50 00 recording continuance charge shall added for each additional 3 month period
9 If the exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval,,the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial The
Director of Planning Services may grant an extension of time, for good cause shown, upon a wntten
request by the applicant
dwA ,%,&,,,,,
By Date 6/18/2019
Chris Gathman, Planner III
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