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Home My WebLink About20221630.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF TWO -LOT, RECORDED EXEMPTION, RECX20-0046, FOR REMOVAL OF LOT B - RONALD AND TRINA ERBES 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 May 26, 2020, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX20-0046, and WHEREAS, the Board has received a request from the current property owners, Ronald and Trina Erbes, 813 East 18th Street, Greeley, Colorado 80631-6197, to vacate Lot B of Recorded Exemption, RECX20-0046, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX20-0046; being part of the E1/2 E1/2 of Section 30, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a.result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Ronald and Trina Erbes, for Partial Vacation of Two -Lot Recorded Exemption, RECX20-0046, for removal of Lot B, be, and hereby is, approved, subject to the following condition: 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. 4836781 Pages: 1 of 2 08/22/2022 10:41 AM R Fee:$0.00 Carly Kopp., Clark and Recorder, Wald County , CO VIIII �.rl�tl'l��li+lh'li� l ManKIPIFIlifI Ikii Bill cc : pt.(-rp/hW), A PPL. A PPI. REP. 7/11 2022-1630 RECX20-0046 PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RECX20-0046, FOR REMOVAL OF LOT B - RONALD AND TRINA ERBES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD frOUNTY, COLORADO ATTEST: ddttA)�. Weld County Clerk to the Board County Attorney Date of signature: 4/16/2z 4836781 Pages: 2 of 2 08/22/2022 10:41 AM R Fee:$0.00 1111102H' r� ��r � W�h II Scot. James, Chair Mi - re- an, Pro-Tem 2022-1630 RECX20-0046 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Maxwell Nader, Planner Subject: Partial Vacation of RECX20-0046 Hearing Date: June 13, 2022 Owners: Ronald A. and Trina L. Erbes Representative: Uintah Engineering & Land Surveying c/o Loren Shanks Legal Description: Lot B of Recorded Exemption RECX20-0046; being a part of the E2E2 of Section 30, T8N, R65W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 39; north of and adjacent to County Road 88. Parcel Number: 0551-30-1-00-004 Total Parcel Size: +/- 132 acres Zone District: A (Agricultural) Summary: Ronald A. and Trina L. Erbes requests to vacate Lot B, being the largest lot of Two -Lot Recorded Exemption RECX20-0046, recorded August 12, 2020, reception #4618735. This partial vacation of Lot B of RECX20- 0046 would result in an approximately 132 acre unplatted parcel. Lot A of RECX20-0046 is not a part of this action. No easements are impacted by this request. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10.A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50.A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter (Exhibit C) and the draft vacation plat map (Exhibit D). 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. 2022-1630 Vacation of RECX20-0046 I Ronald A. and Trina L. Erbes Page 1 of 2 1/115 -RUX - DA,/ 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 Exhibits A RECX20-0046 Plat B RECX20-0046 Staff Comments C Vacation Request Letter D Draft Vacation plat Vacation of RECX20-0046 I Ronald A and Tnna L Erbes Page 2 of 2 BIRTIMP.N1040AINSIH WIYhitiIW!!BI ENSTNO EDGE ROW s J41. im x® ICOMM 5.0. 90 ; I w"' 203 REPC11571 AND . NUNBER04027 M. WOW 53 PACE IN II NORTH COI. SIMON SO .W.9 R[Bw o! , ,tr M i<Mt II II ll fa"EarB« xD ..BIEee RECORDED EXEMPTION NO 0551-30-1 RECX20-0046 BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 30 TOWNSHIP 8 NORTH, RANGE 65 WEST, OF THE 6TH P M WELD COUNTY COLORADO ENS.G13. Of ROAD 0502 TT 274.1 _N <POSH DI 200093 71, �� H,G210N GRIPHIC SCALE 200 0 )5 200 400 ^IN FEE[ ) cN a 300 IT 0090.0 mow 07001411 '30 OCT FOUND . Ie REBAR Of 11.11NUM CM ON or. NO CAP WAS PrOF FOOT WTI% Wm 30 FOOT UCH 592 OF SIMON UNE INNE 16 HMI CLIAN NO RECORDER 5.3 03 PAGE 26.1. RECEPTION NOISIN 0.027 0700 If 232923- . R « Of UND IN 3 I/4 .ANNUII 01 . 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OF THE ...ors NO DATE DESCRIPTION BY CLIENT AGPROFESSIONALS 3050 67TH AVE SUITE 200 GREELEY, CO 80634 HAMMER LAND SURVEYING, INC 3050 67TH AVENUE SUITE 200 GREELEY CO 80634 PH 970-535-9318 RECORDED EXEMPTION SECTION 30 TORNSHIP 8 NORTH RANGE 65 WEST 8TH P M SECTION 30 TOWNSHIP 8 NORTH RANGE 65 WEST 6TH P M DATE 06/17/20 JOBg1516-11 Maxwell Nader From: Sent: To: Subject: Follow Up Flag: Flag Status: Jennifer Fuller Tuesday, May 31, 2022 8:23 AM Melissa King; Maxwell Nader RE: Lot B Vacation - RECX20-0046 Follow up Flagged I concur with Melissa's notes. No access concerns with the proposed vacation. Applicant may apply for necessary access permit(s) once future plans of the property are known. Thank you. Jennifer Fuller Development Review — Access Permits 1555 N 17th Ave, PO Box 758 ( Greeley, CO 80631 ;fuller@weldgov.com 1970-400-3728 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Melissa King <mking@weldgov.com> Sent: Friday, May 27, 2022 4:34 PM To: Maxwell Nader <mnader@weldgov.com>; Jennifer Fuller <jfuller@weldgov.com> Subject: RE: Lot B Vacation - RECX20-0046 Max Development Review comments: The vacation of Lot B from RECX20-0046 does not appear to have any adverse effect on access. Specifically, Lot A has direct access onto CR 90 and onto CR 39. Lot B has direct access onto CR 39 and onto CR 88. It is noted that Lot B of RECX20-0046 was part of Lot B RE -3156 (Rec. No. 2927031). A review of the plat for RE -3156 confirms that the partial vacation of Lot B of RECX20-0046 should have no adverse effect on access. As always we are available if there are questions Melissa Melissa J King, PE Development Review Engineer Department of Planning Services Weld County 1 1555 North 17th Avenue Greeley, CO 80631 (970) 400-3762 LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES From: Maxwell Nader <mnader@weldgov.com> Sent: Thursday, May 26, 2022 1:16 PM To: Melissa King <mking@weldgov.com>; Jennifer Fuller <*fuller@weldgov.com> Subject: Lot B Vacation - RECX20-0046 Melissa and Jennifer, Please see attached docs for vacation of Lot B of RECX20-0046. Doesn't appear any access easements are being impacted but let me know your thoughts. Best, Maxwell Nader Planner II 1555 N 17th Ave Greeley, CO 80631 mnader@weldgov.com Phone: (970)-400-3527 Confidentiality Notice: This electronic transm ssion and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Vacation Request Letter The purpose of this vacation request is to vacate Lot B, of Recorded Exemption RECX20-0046 for the purpose of splitting the property into >35 acre parcels There are no buildings or structures on this vacant land Existing easements and right of ways on subject property, although having no affect or impact by this vacation, are listed herein • Right of way for county roads 30 feet on either side of section and township lines, as established by the board of county commissioners for weld county, recorded October 14, 1889 in book 86 at page 273 • Right of way for ditches or canals constructed by the authority of the United States as reserved in united states patent recorded July 19, 1911, in book 346 at page 17 • Terms, conditions and provisions of agreement recorded may 21, 1910 in book 329 at page 97 • Undivided 61/4% interest in and to all oil, gas and other minerals as reserved in deed, recorded December 04, 1954, in book 1406 at page 60, and any and all assignments thereof or interests therein • Terms, conditions and provisions of order recorded November 19, 1990 at reception no 2233486 and march 4, 1992 at reception no 2280026 • Easements, conditions, covenants, restrictions, reservations and notes on the plat of exemption recorded February 22, 2002 under reception no 2927031 • Right of way easement as granted to Colorado interstate gas company in instrument recorded July 18, 2007, under reception no 3491145 • Any tax, lien, fee, or assessment by reason of inclusion of subject property in the northern Colorado water conservancy district, as evidenced by instrument recorded September 29, 2010, under reception no 3721790 • Oil and gas lease recorded April 22, 2015 under reception no 4100807 and any and all assignments thereof, or interest therein Estoppel certificate recorded November 8, 2019 under reception no 4539986 • Terms, conditions and provisions of right of way and easement recorded January 13, 2016 at reception no 4172631 Affidavit recorded June 15, 2017 at reception no 4310637 • Right of way easement as granted to NWC development, LLC in instrument recorded April 16, 2019, under reception no 4481255 • Right of way easement as granted to Cheyenne connector pipeline, inc In instrument recorded may 23, 2019, under reception no 4491576 • Existing leases or tenancies, if any • All oil, gas, minerals and other mineral rights as reserved in instrument recorded November 8, 2019 under reception no 4539987, and any and all assignments thereof or interests therein • Easements, conditions, covenants, restrictions, reservations and notes on the plat of site specific development plan recorded February 06, 2020 under reception no 4564431 • Terms, conditions and provisions of surface use agreement recorded July 30, 2020 under reception no 4614786 • Easements, conditions, covenants, restrictions, reservations and notes on the plat of recorded exemption no 0551-30-1 recx20-0046 recorded august 12, 2020 under reception no 4618735 • Terms, conditions and provisions of option agreement recorded November 02, 2020 under reception no 4646450 • Terms, conditions and provisions of permanent easement agreement recorded November 30, 2020 under reception no 4655229 • Terms, conditions and provisions of improvements & road maintenance agreement recorded February 04, 2021 under reception no 4679256 • Easements, conditions, covenants, restrictions, reservations and notes on the plat of USR 20- 0007 map EWS #12 site recorded march 10, 2021 under reception no 4691403 • Terms, conditions and provisions of pipeline easement and right-of-way grant recorded July 29, 2021 under reception no 4740529 • Note the following notices pursuant to CRS 9-15-103 concerning underground facilities have been filed with the clerk and recorder These statements are general and do not necessarily give notice of underground facilities within the subject property (a) mountain bell telephone company, recorded October 1, 1981 at reception no 1870705 (b) western slope gas company, recorded march 9, 1983 at reception no 1919757 (c) associated natural gas, inc , recorded July 20, 1984 at reception no 1974810 and recorded October 1, 1984 at reception no 1983584 and recorded march 3, 1988 at reception no 2132709 and recorded April 10, 1989 at reception no 2175917 (d) panhandle eastern pipe line company, recorded October 1, 1981 at reception no 1870756 (e) Colorado interstate gas company, recorded august 31, 1984 at reception no 1979784 (f) union rural electric association, inc , recorded October 5, 1981 at reception no 1871004 (g) western gas supply company, recorded Aprd 2, 1985 at reception no 2004300 VACATION PLAT OF LOT B OF RECORDED EXEMPTION No. 0551-30-1 RECX20-0046 BEING PART OF E1 /2 E1 /2 OF SECTION 30, TOWNSHIP 8 NORTH, RANGE 65 WEST, 6TH P.M., WELD COUNTY, COLORADO Nt Col. sec J0, F oak/ /15 recta/ W/ 3 //di" Alum. Cop LS7241 I I 736.48' (M) •.56 48' (R) S00'18'59"W — 2746.46' (M) - hocraV44'w - 7746.41' (R) 2009.98' (M) - 2309.9.1' ;.R1 - C 1/4 Cot Sec. J0, Found #6 Rebor W/ 1 1/1" Alum. Cop %,LS24,30/ - WELD COUNTY ROAD 39 SOO21'46"W - 2528.96' (M) 607 I I N1/4 Cor. Sec. J0, Fourd J 1/4' Alum. Cop, 157142, 0.5' Below Crourd I s 1 I o NLo �F N W 43 2. O O N I I 31. 60' Wide County Rood Right -of -Way (Exception 8) (Exception 1J) (exception 24) N00'22'33"E — 736.46' (M) SODO0Y8-W - 736.46' (R) 1/16 Section Coe. Sec 30 round /6 Reoor W/ J 1/4- Alum. Cop L.:/242 I I VICINITY '.NAP SCALE:: 1"=2000 /4 f N 90 E ti t THIS ch PROJECT 0 WYE de ,, RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP EKES, AS (STAGE SHED BY THE BOARD OF COUNTY COMA SS1014ERS FOR WELD COUNTY. RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. (AS SHOWN) 9 RIGHT OF WAY ION DITCHES OR CANA.S CONSTRUCTED NI THE AUIHORIIY 01 IMI UWE7 STATES AS RESERVED IN UNTIED SATES PAH NI RECORDED .0.Tr 19, 1911, IN ROOK 346 A' +AGt 1/. (NOT At DT TAM ) T0. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 21, 1910 N BOOK 329 AT PAGE 97 (NOT PLOTTABLE) ' 1. UNDVOED 6 1/4% INTEREST IN AND TO ALL OIL, CAS AND OTHER INERALS AS RESERVED IN DEED. RECORDED DECEMBER 04. 1954, IN BOOK 1406 AT PACE 60, AND ANY AND ALL ASS GAMINES THEREOF OR INTERESTS 'HEREIN (NOT PLOTTABLE) '2. 'ERRS. CONDITIONS AND PROVISIONS OF ORDER ?MORN3 NOVEMBER 19. 1990 AT RECEPTION N0. 2233486 AND M1RC•I 4. '.992 AT RECCPTION HO 2200026 ;NOT PLO' TABLE) ' 3. EASEMENTS, CONDITIONS, COVENANTS. RESTRICTIONS. RESERVATIONS AND NOTES ON THE PLAT OF EXEMPTION RECORDED FEBRUARY 22, 2002 UNDER RECEPTION NO. 292703'. (AS SHOWN) ' 4. RCM! OF WAY FASTMENU AS GRANTED TO COLORADO NTERSIAIE GAS COMPANY N INSTRUMENT RECORDED JU.Y 18, 200/. UNDER RICEPTON N0. 3491145. (AS SHOWN) ANY TAX. LIEN, FEE. OR ASSESSMENT BY REASON or INCLUSION Of SUBJECT PROPERTY IN THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT. AS EVIDENCED BY INSTRUMENT RECORDED SEPTEMBER 29. 2010, UNDER RECEPTION N0. 3721790 (NOT PLOTTABLE) '6. 01. AND GAS LEASE RECORDED APRI 22, 2015 UNDER RECEPTION NO. 4'00807 AND ANY MD ALL ASSCNMENTS THEREOF, OR INTEREST THEREIN. ESTOPPE. CERTIFICATE RECORDED NOVEMBER 8, 2019 UNDER RECEPTION NO. 4539966. (NOT P.OTTABLE) '7 TERMS. CONDITIONS AND PR0VISONS Of RGHT Of WAY AND EASEMENT RECORDED JANUARY 13, 7016 AT RECEPTION k0 4177631 AFFIDAVIT RECORDED -UNI 15, 701/ AI RECEPTION NO. 431063/. (NOT PI CH 'AM ) RIGHT OF WAY EASEMENT AS GRANTED TO MWC DEVELOPMENT, LLC Ih INSTRUMENTT RECORDED APRIL 16. 2019, UNDER RECEPTION NO. 446'255. (DOES NOT IMPACT SUBJECT PROPERTY) '9. RICHT OF WAY EASEMENT AS GRANTED TO CHEYENNE CONNECTOR PIPEUNE, INC. IN INSTRUMENT RECORDED IMY 23. 2019. UNDER RECEPTOR N0. 4491576. (AS SHOWN) A) 8) C) Line 14OU.Ou' (R) 0 VACATED PARCEL - LOT B OF RECORDED EXEMPTION NO. 0551-30-1 RECX20-0046 132.007t ACRES BEING VACATED BY THIS PLAT ✓ocate° on /./_ by Resolution / -_ o/ Ine Board of Cutlnty COMmiSS/OnEYb ul Weld County. R HOO'DO'. 2'W 2529.23' (R; - - (; 60' Bide County Rood Right -of -War (Lxception 8) (Exception 1J) (Exception 24) 50' 110de Cheyenne Connector Pipeline, Inc. Right - of- Wily (Exception 19) (Exception 24) 1400.00' (R) 966 H8' (R) s000rne-w - 37ee.+e (R) N00'22'33"E - 3786.09' (M) SURVEYOR'S NOTES BEARINGS AM REFERRED 10 'HE IASI ,NE Of INN SE 1/4 Of SECTION 30. ION. R65W. 6th PM. AS BEARING NOO.21'461 (GPS OBSERVATION) PROJECT HAS BEEN CHANGED IO CITY OE GREE-EY CONTROL NE'WORK. ALL ' ILE WORT( WAS PROW DED BY .AAD TITLE GUARANTEE COMPANY ORDER NO FCC25193659 11 APRI. 13, 2022 SPICA. EXCEPTIONS (SCHFDJI E 9. SECTION X). EXCEPTIONS 1-7 NOT SURVEY RELATED B. '5 ' 6 LEGAL DESCRIPTION A TRACT OF LAND LOCATED N THE E1/2 OF THE E1/2 OF SECTON 30. 'TIN, 465W OF THE 6Th P. M.. DESCRIBED AS FOLLOWS: BEGINNING Al TM SOUTHEAST CORNER Of SAID SECTION 30 FROM VA6C'I THE E1/4 CORNER BEARS NOO'21'46%. HA NCI N86'51'08-14. 98304 }El' ALONG INN SOUTH LINE Ot 'HI 511/4 DE SAID SEC ION 30 10 THE SOO THE AS' CORNIR Of 101 A DE RECORDED lKEMPI ON No 0551 30 1 RE 3'56, AS RECORDED Al RE CI PION No. 797/031 Of THE RECORDS OE WELD COUNTY, COLORADO: THENCE N00'42'33'E, 77000 FEET ALONG THE EAST IINF OF SAD TOT A TO THE NCRTHFAST CORNER OF SAID IOT A; THENCE N86'51'08 -w, 340.00 FEET ALONG THE NORTH ;INF OF SAIO TOT A TO THE NORTHWEST CORNER Of SAD TOT A, Al SO BEING A POµ' ON THE WEST L.NE OF THE E'/2 Of THE 11/2 OI SAID SECTION 30; THENCE 10072'33'F, 3788.09 FEET A. ONG THE WEST INE Of THE E1/2 OF THE F'/7 Of SATO SECTION 30 TO THE SOUTHWEST CORNER OF LOT A Of RECORDED EXEMPTION No. 0551-30-1 RECX2O-OO46, AS RECORDED AT RECEPTION No. 4618735 OF THE RECORDS OF KID COUNTY, COLORADO THENCE 568'06'25'E, 1320.72 FEET ALONG THE SOUTH LINE OF SAID LOT A -0 THE SOUTHEAST CORNER OF SAID LOT A, ALSO BEING A JOIN' ON IHE E AS' INI 01 THE M1/4 OF SAO SECTION 30. THENCE 500'18'59"W. 2009 96 FEET A.ONC THE EAST LIM OF THE RE'/4 Of SAID SECTION 30 TO THE E1/4 CORNER OF SA D SECTION 30; THENCE 500'21'46-W. 2528 96 EEL' ALONG THE EAST Cht. Of THE SE1/4 01 SAD SECTOR 30 A THE IRU% POINT OF BEG'NN'NG. AREA - 132.007 ACRES. MORE OR .ESS. X8 a rn 50" Aide Colorado Interstate Gas Company Pipeline Right-ol-Way a rotation 14) (Exception 24) O 70 EXIST NG IEASES OR TERANCIES. If ANY. (M3I Pt O'TAB. .!) 21. ALL OIL, GAS. MINERALS MD OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED NOVEMBER 8, 2019 UNDER RECEPTION N0. 4539987. AND MY MD ALL ASSCNMENTS THEREOF OR WTERESTS '•HEREIN. (NOT PLOTTABLE) 77. EASEMENTS. CORD TONS, COVENANTS, RESTRICTIONS, RFSFRVATORS AND NOTES Oh THE PIAT OF SITE SPECIFIC DEVELOPMENT P,AN RECORDED FEBRUARY 06, 2020 UNDER RECEPTOR 40. 4564431. (VOT PLOTTABLE) 23. TERMS. CONDITIONS AND PROVISONS OF SURFACE USE AGREEMENT RECORDED JULY 30. 2020 UNDER RECEPTION V0. 4614786. (401 PI OT'AB, F) 24 EASEMENTS. CONOTONS, COVENANTS. RESTRICTIONS. RESERVATIONS ARO NOTES ON THE PLAT Of RECORDED EXEMPTON NO. 0551-30-' RECX2O-OO46 RECORDED AUGUST '2. 2020 JNOER RECEPTION NO. 4616735 (AS SHOWN) 75. TERMS. CONDITIONS ANO PROVISONS 01 OPTION ACRID* M NRE COROF 7 ROM! MBE R 07. 7070 UNTIE R RECEPTOR h0. 4646450. (DOES VO' rMPACT SUBJECT PROPERTY) 26. TERMS, CONDRIONS AND PROVISONS OF PERMANENT EASEMENT AGREEMENT RECORDED NOVEMBER 30, 2020 UNDER RECEPTION N0. 4655229 (DOES NOT IMPACT SUBECT PROPERTY) 21. TERMS. CONDITIONS AND PROVISIONS OF HAPROVEMENIS Is ROA7 AWVIENANCE AGREEMENT RECORDED EEBRJARY 04, 202' UNDER RECEPTION V0. 4679256. (NOT Pt OTTAM F) 78 EASEMENTS, CONOTONS, COVENANTS. RESTRICTIONS, RESERVATIONS AND MATES ON THE PLAT OF USR 70-0007 MAP FWS if12 SITE RECORDED MARCH 10, 2021 UNY_R RECEPTION NO. 4691403. (NOT PLOT TABLE) 29 TERMS, CONDITIONS AND PROVGANIS OF PIPELINE EASEMENT AND RIGHT -Of -WAY GRANT RECORDED JULY 29, 2021 UNDER RECEPTION NO. 4740529. (DOES NOT IMPACT SUBJECT PROPERTY) JO TERMS. CONDITIONS AND PROVISONS OF SUBSURFACE EASEMENT RECORDED _____ UNOER RECEPTION NO . (N01 PLOT TABLE) 31. INTENTIONALLY DELETED. 32 JSE RESTRICTION N SPECAL WARRANTY DEED RECORDED 2022 AT RECEPTION N0. MOIL. 'HE FOLLOWING NOTICES oURSUAh' '0 CRS 9-1.5-103 CONCE RN.NC UNDERGROUND fACILIIRS HAVE BEEN "LED WIH THE CLERK AND RECORDER. THESE STATEMENTS ME GENERAL AND DO NOT NECESSARILY GIVE NOTICE OF UNDERGROUND FACILITIES W.'HM 'HE SUBJECT PROPERTY: (A) 1MOJMAW BELL TELEPHONE COMPANY, RECORDED OCTOBER 1, '981 A- RECEPTOR N0. 1670705. (NOT PIOTTAB.E) (e) WESTERN SLOPE CAS COMPANY, RECORDED MARCH 9, 1963 Al RECEPTION NO 19'9757 (NOT PI ()TIM E) (C) ASSOCIATED 14A'JRAL CAS, INC., RECORDED JULY 20, 1984 AI RECEPTION NO 19/4610 AND RECORDED OCTOBER 1, 1964 Al RECEPTION NO 1983564 AND RECORDED MARCH 3, 1986 Al RECEPTION NO. 2'32109 AND RECORDED APR 10, 1969 AI RECEPTION NO 2'759'/ (NOT PI OTTABI F) (D) PANHANDLE EASTERN PIPE .TIME COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO. '870756. (NOT PLOTTABLE) (E) COLORADO INTERSTATE GAS COMPANY, RECORDED AUGUST 31. 1984 AT RECEPTOR NO. 2175917. (NOT PLOTTABLE) (F) JFRON RURAL ELECTRIC ASSOCIATION, INC., RECORDED OCTOBER 5, 1961 AT RECEPTION N0. 1871004. (NOT PLO -TABLE) (G) WESTERN GAS SUPPLY COMPANY, RECORDED APR 7, '985 A' RECT. PION NO. 7004300. (NOT PI OITA& ) PROPERTY moors CERTIFICATE WE, THE UNDERSIGNED. BEING THE SOLE OWNERS N rCE OF THE ABOVE DESCRIBED PROPERTY, DO HEREBY VACATE THE TARO DIVISION PLAT OF RECORD, NOW RECOGNIZED AS AN UNPLA TEED TRACT OF LAND. BY BY RONALD A. ERBES TRINA L. ERBES STA11 Of CO OftADO COUNTY Or ) SS IRE .ORE GOING CI R I:f ICA 1.ON WAS ACKNOWLE OCD BE'DR! M 'HS DAY Of 20 By RONALD A. AND IRINA L ERBES MY COMMISSION EXPIRES WHINE SS MY HAND AND SEA. NOTARY PUBIC ROARO OF MINTY fINIMPITIMI )FRS - (NRTIFICATE OF APPROVAL THIS VACATION PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE Of COLORADO. W TRESS MY NANO AND THE CORPORATE SEAL Of WEED COUNTY T1g5 _PAY O/ 70 CHAIR, BOARD Of COUNTY COMMISSIONERS ATTEST: WELD COUN IY CLERK 10 'HE BOARD BY: Of vLITY CI IJ THE HOARD DAIF SOO'OO'4-'W 769.94' (R) N00'22'33"E 770.00' (M) SOO'OIY46'w - 770.00' (R1 N00'22'33"E - 770.00' (M) 51/4 Cot Sec. 30, Found 1995 .3 1/4' Alum. Cop ,h Monument Box L522098, 0.3' Below LYounu 3 g n • SC Cor Sec. 30. Eouno 3 1/4" A/ m. Cop in Monument Box, PI 5108.55, 0.4' down Ground m O e �8 If; I� TRUE POINT OF BEGINNING 60' Wide County Rood Right-of-Wby (Exception 8) (Exception /J) (Exception 24) t 1/16 Cur Sec. J0, Fond 06 Rebor W/ 2006 J 1/4- Aium. Cop tS/242 N N n 1 I LEGEND OF SYMBOLS & ABBREVIATIONS MIMM% O R R US PUBIC LAND SURVEY SECTON CORNER US PURI C LAND SURVEY QUARTER SECTION CORNER US PERK LAND SURVEY '/16 SECTION CORNER DIMENSION CORNER ONLY MEASURED RECORD RECORDED EXLMPI ON ho. 0551-30-• RECX2O-OO46 SECTION LINE z 1/16 SECTION TINE BOUNDARY l hE ROAD RIGH I -0I -WAY n 8 tQi SCALE 1" - 200' CERTIFICATE: I. LOREN K. SIIANKS, A DULY REGISTERED PROF CSSIONAL LAW SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS VACATION PI.AT REFLECTS THE RESULTS OF A SURVEY MADE UNDER Ml' DIRECT RESPONSIBILITY. SUPERVISION AND CHECKING IN ACCORDANCE WITH TIIE REQUIREMENTS OF SECTION 38-51106, CRS ..AS AMENDED. AND IS TRUE AND CORRECT TO 1 M. BEST OF MY KNOWLEDGE AND BELIEF. REGISTERED LAND SURVEYOR REGISTRATION NO 21265 SIAIl:OF COLORADO RON ERBES SECTION 30, TIN, ROW, 6th P.H., WELD COUNTY, COLORADO SURVIVED BY: L.S. 04-27-2022 DRAWN BY: L.K. 04-28-2022 PROJECT: FILE: ERB01-21-0001 W E -996S SCAI.F.: 1" - 200' SIIEET: I OF 1 V UELS, LLC MEI Regional Office * 3313 35th Avenue, Suite B Evans, Co 80620 * (970) 506-1544 Corporate Office * 85 South 200 East Vernal, UT 84078 * (435) 789-1017 ACA 110% PIA1 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 wnting, at least five days pnor to the heanng The cost of engaging a court reporter shall be borne by the requesting party In accordance with the Amencans with Disabilities Act, if special accommodations are required in order for you to participate in this heanng, please contact the Clerk to the Board's Office at (970) 400-4225, pnor 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@wreldgov.com DATE: June 13, 2022 TIME: 9 00 a m APPLICANT. Ronald and Tnna Erbes 813 East 18th Street Greeley, Colorado 80631-6197 REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RECX20-0046, for Removal of Lot B LEGAL DESCRIPTION. Lot B of Recorded Exemption, RECX20-0046, being part of the E1/2 E1/2 of Section 30, Township 8 North, Range 65 West of the 6th P M , Weld County, Colorado LOCATION: West of and adjacent to County Road 39, north of and adjacent to County Road 88 (See Legal Descnption for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED June 1, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX20-0046 r - co ra P - Er t♦ t• O r-4 Owner RONALD AND TRINA ERBES EWS #12 DJ BASIN, LLC ATTN: LOREN SHANKS UINTAH ENGINEERING AND LAND SURVEYING Address 813 EAST 18TH STREET 2015 CLUBHOUSE DRIVE, SUITE 201 3313 35TH AVENUE, SUITE B City GREELEY GREELEY EVANS State Zip CO 80631-6197 CO 80634-3651 CO 80620 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, RECX20-0046, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 1st day of June, 2022. talf Lc), r k Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.comt Certified Mail Fee Extra Services & Fees (check box, add fee as appropnate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees S Street f'ilty, Staak g DI/31 iQ PS Form 3800, April 201E. PSN 7530-02-000-9047 See Reverse for Instr y%S 411 Postmark Here r'm tibts to N O >- Z ❑ ❑ T• aa) o E .Q 2 2 T a El2 2-0 0 cd a) v) -≥ 2 75 v " ct3 a, a) a' ≥ w �w s� c3 SENDER: COMPLETE THIS SECTION a) i a) o 2 �" M U .O O � as 4-0 c\ie 'a E r as t; E E cs U 2 O a) O Q >.% E Via O ',= O U a. w L O cn N cn 2 2 Ir Q -F= — W 2 2 cs Z7 'D >�a) 2 O O E E UU o 0 �_Dr) i. a) al ocn'ca—.cccn •L. a) a) a) rn .0) a) n.aCCCOv)cnaC OO ❑❑ a� aa, TD - 0 ≥ O a O o U � CC N Q.'2 mpcc = ~ g v (n (A a) a-°) a) 5 5r � -a -o . o a� :Fa d ri❑❑No a\) C] 1:3 o a> ≥ CI C c a�i .� CJDa (�� O o aa)) (1v) O O UU t ❑❑E IS T vt 'mlamitio. 9590 9402 6749 1074 1349 21 2. Article Number {Transfer from service label) a) CC r - co r` - Domestic Return Receipt r - INN U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only i For delivery information, visit our website at www.usps.com'". c: s h"y Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) El Return Receipt (electronic) ❑ Certified Mail Restricted Delivery [] Adult Signature Required $ • Adult Signature Restricted Delivery $ $ $ Postage $ Total Postage and Fees 4 i OS - 3:;:s o)K Postmark Here m r9 Sent To Stre # 7- D3 &lbw\ toT. City, estr4Pti+ rfath 0 -b' Sit 0-0 8e A PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Os Certified Mail Fee q ,e?? 44ieJK' •.., Extra Services & Fees (check box, add fee as appropriate) • Return Receipt (hardcopy) Return Receipt (electronic) Ej Certified Mail Restricted Delivery [] Adult Signature Required $ [� Adult Signature Restricted Delivery $ $ Postage Total Postage and Fees$ 4-14411 or�b e � C r- To n4lve SsisWid t. !xo PS Form 3800, April 2015 PSN 7530-02-000-9047 41� r J:2J4 J. 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CD a E o - a) CD a � FD r+ en It 61} o c g Q� Li. ❑ o ® 5z n //r+ `D w_ o y(0 it;a o A++ r 0 � 0- D m6 6 �L �m 2 0 t f �q CD CD v El D aco CD z C • • -• a iip.Z• • - • •r+'.T.D . .a • i • •v -far Lz, a s : , Pin* ;: off;. .e� C•9 =� •• �t•T.•-Mf•�`�▪ TT {e k.P ;.crt WO • .A..<�.a vs.i Y.•l ..,R.r_i.�a€ J� �;•, N WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/31/2022 11:44:11 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. aftre-114( U140: c Signature Date Property Owners Within 500 Feet of Parcel # 055130100004 Account Parcel Owner Mailing Address R0621186 055129000032 GONZALEZ MARIA R0621186 055129000032 BONILLA-RAMOS CARLOS 36376 EATON, MASON CO 806159566 VIEW RD R0569401 055129000035 GONZALES MARIA R0569401 055129000035 BON I LLA CARLOS 36376 EATON, MASON CO 806159566 VIEW RD M0620486 055129200021 LONGS PEAK DAIRY LLC 45490 PIERCE, COUNTY CO ROAD 39 806509503 M1096898 055129200021 LONGS PEAK DAIRY LLC 45490 PIERCE, COUNTY CO ROAD 39 806509503 M1160086 055129200021 LONGS PEAK DAIRY LLC 45490 PIERCE, COUNTY CO ROAD 39 806509503 R8950379 055129200021 LONGS PEAK DAIRY LLC 45490 PIERCE, COUNTY CO ROAD 39 806509503 R8959239 055129300030 GERTIE IRENE TUCKER Parcels: 21 Owner Records: 29 Page 1 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/31/2022 11:44:11 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the or ginal. 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 # 055130100034 Account Parcel Owner Mailing Address M0620786 055129300030 IRENE TUCKER TRUST M0620786 055129300030 IVEN 43268 PIERCE, COUNTY CO ROAD 39 TUCKER TRUST 806509103 R8959239 055129300030 IVEN W 43268 PIERCE, COUNTY CO ROAD 39 TUCKER 806509103 R8959240 055129300031 LONGS PEAK DAIRY LLC 45490 PIERCE, COUNTY CO ROAD 39 806509503 R4105606 055129300037 FRANKLIN ANDREA R4105606 055129300037 DOHERTY MICHAEL J 19055 PIERCE, COUNTY CO ROAD 88 806509112 M0103002 055129300040 SCOTT TUCKER R6777737 055129300040 CHARLES MATTHEW 43370 PIERCE, COUNTY CO 806509103 ROAD 39 M0103002 055129300040 CANDI 43370 PIERCE, COUNTY CO 806509103 ROAD 39 TUCKER Parcels: 21 Owner Records: 29 Page 2 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/31/2022 11:44:11 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the \held County Assessor was assembled within thirty days of the applications submission date. nit • Lt_ co% ck Signature Date Property Owners Within 500 Feet of Parcel # 055130100004 Account Parcel Owner Mailing Address R6779748 055129300042 SCHEMM MICHAEL LEE 19039 PIERCE, COUNTY CO ROAD 88 806509112 R8967652 055130100003 1 P' IA* EWS #12 DJ BASIN LLC 2015 GREELEY, CLUBHOUSE CO 806343651 DR STE 201 R8967653 055130100004 ERBES TRINA L R8967653 055130100004 L RONALD A 813 GREELEY, E 18TH ST CO 806316197 _CERBES O R8941977 055130100060 GMEREK JOANNE T 18655 PIERCE, COUNTY CO 806509106 ROAD 88 TRUST R8941978 055130100061 CITY OF 9500 THORNTON, CIVIC CENTER CO 802294326 DR THORNTON R1513302 055130400058 VISSER DANIEL T R1513302 055130400058 VISSER ERIN J 18781 PIERCE, COUNTY CO 806509106 ROAD 88 R0623386 055131000017 THORNTON CITY OF 9500 THORNTON, CIVIC CENTER CO DR 802294326 Parcels: 21 Owner Records: 29 Page 3of5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/31/2022 11:44:11 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names; addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 055130100004 LAtis4fR xvia,t kite 613t I Z. Z Signature Date Account Parcel Owner Mailing Address R8941964 055132200003 THORNTON CITY OF 9500 THORNTON, CIVIC CENTER CO 802294326 DR R8941965 055132200004 THORNTON CITY OF 9500 CIVIC CENTER DR THORNTON, CO 802294326 Parcels: 21 Owner Records: 29 Page 4 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/31/2022 11:44:11 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 055130100004 i Parcels: 21 Owner Records: 29 )124-tfrilt Signature 6(511 2-2 Date Page 5 of 5 PLAT VACATION APPICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION Lot B RECX20-0046 Title of plat to be vacated: ■ S 30 T 8N R 65W Complete Vacation (must include all lots) Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: IL PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Ron and Trina Erbes Company: Phone #: 970-590-5906 Email: econst@ctos.com Street Address: 43688 WCR 37 City/State/Zip Code: Pierce, Co 80637 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent,) Name: Loren Shanks Company: Uintah Engineering & Land Surveying Phone #: 970-506-1544 Email: (shanks@uintahgroup.com Street Address: 3313 35th Avenue, Suite B City/State/Zip Code: Evans, CO 80620 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 mist 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. 1 Signore: Owner or Authorized Agent Sig�fi ure: Owner or Authorized Agent A, ars r loco Thes Print: Owner or Authorized Agent Print: Owner or Authorized Agent 7/20/2021 DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES Ron and Tnna Erbes Loren Shanks I, (We), , give permission to (Owner — please print) (Applicant/Agent — please print) to apply for any Planning, Budding or Health Department permits or services on our behalf, for the property located at Lot B, RECX20-0046 Lot B Legal Description of Section 30 , Township 6 N, Range 65 W RECX20-0046 B Subdivision Name Lot Block Property Owners Information 970-590-5906 econst@ctos corn Phone E-mail Applicant/Agent Contact Information 970-506-1544 Phone E -Mad Ishanks@umtahgroup com Email correspondence to be sent to Owner ❑ Applicant/Agent ❑ Both Postal service correspondence to be sent to (choose only one) Owner ❑ Applicant/Agent Additional Info Owner Signature Owner Signature Date 5)<-1/2Z__ Date 5/27L C�� C) 4821707 Total Page Carly Ko 0 % 022 08 21 AM ,„,\ L.C� Rec Fee $38 00 Clot Fee $37 50 s - Clerk and Record' ?, Weld County , CO , When recorded return\fd: Q Ronald and Trin -:, hes ��3�` P.O. Box 181��U Greeley, C016633 L AD S SPECIAL nib <\3 between EWS c\c) address of 20 -S\ /l~J o, *Documentary 04//22. /202Z�3�� 7 cr`" A. ERBES an V I' A L. ERBES ps mt tenants, with a mai g addre$ of P 0 Bo 1810, Greeley 460 80633 (collectively %rantee") nil „A ey -NESS, that Grantor, fps a�d in consideration of, Dd other good and vle consideration, •® acknowledged, hereb, grants, bargains, sells3 onveys and co successors and as ps, that certain real pOerty located m Wel�� 4O legally describe�d��n Exhibit A attaches reto (the "Property")^�° CS � 6I (.1 TOLE R with all and sin a1; a hereditaments andPurtenances th6reunto ?b,lbnging, or in an e appertaining, the r4 sions, remainders, re @@@sues and profits th , and all the e , right, title, interest, clam and demand whats ever of Grantor, eithe• ki ti�r equity, of, „��kind to the above barge Property. . �® ® 4\s>� /2. ,< r O� e? 3 GRANTEE acknp 'edges and agrees that *Property is conveyed4hjec to a deed restnctA2,i 4IYproviding that*future owner of the P arty other than Granto it not operate, sell, l & r allow the op Hon, sale or lease of ' or util:7ithe Property m any watfor any oil and gas or ajtwater dispo or opt ons (the "Use Ren") The Use Restrictshall run with Prom perpetuity j - O HAVE AND �T\IY� HOLD the said Prop above bargained O'lFdescnbed, with the �2�" appurtenances, unti Gtantee and its success9 and assigns forever, OM and subject to th /t matters set foroin Exhibit B attac \hereto and incorporat O ereila by this refe� Grantor, for • ,elf and its successors, 4 covenant and agree tb aiCrTrantor shall and will lair`s ant and fore defend the above de cd Property in the quiet and peaceable p s'ession of - ~� Gran `��' � Per e o0, `f SPECIAL wARR DEED TX DEED IS the 2eday of .1t BASIN LLC, a Yaware limited liabi ubhouse Drive, Sui 111, Greeley, CO 8063 ,,© ie'sum of Ten and 00 1/1 'Dollars ($10.00) ceipt and sufficienc,��which is hereby ;,nto Grantee and i �?iint r, State of Color r any portion of the Prci rty for permitting, de* pmg d its successors andsigns, against the la claiming the whole cu. y part thereof by, thra (p„ hose matters set forth in and on Exhibit B ference. (g \ - d‘' M [Signature and not �� `,BOO appear on the following r§. 2C. hed 022, and is by mpr any, with a rantor") and RON a/recycll activities and�ttag title to the 1\1 M v claims of all ,and eye person or , or under Grantor, e t and subject (� hereto and inco ed herem by this a\S *5'7 .J �23\' ge] , c s �G §' C�J c��'' % IN WITNESS ��v � ?� �� <� EWS #12 D ll IN LLC, a Delawar�lir�uted liability companx4) By. '�� 1 Name Titlee9 'W../ ' J @C.pC� ©*° ‹P A � Cr .\SL TATE OF COLO �O COUNTY OF � d WSJ -, *- The fore0mg instrument was a , nowledged before me�this 21. day lof April 022, by I►NVI§61O1 , as PV Ciev1.4- r, -,Q of EWS #12 DJ4as�ti2m LLC, a Delavtre limited liability conifrany, on behalf of the cozppany 12 %c.M � c� WITNESS my d and official seal. '()) O �a My co Cs's7on expire QN1 �o hO° (SEAL) Q�d Q4 (4© vu 4 e KAYCE.E LYP1 EIK NOTARY�BUC STATE OF C ' ORADO NOTARYlin0214006770 MY OIMMISSAKE1(ISIRES FEBRUARY 16, 2025 Ov �A (v- ��0 �O uatAIA; 4- Nota 'Public n,)4 �p \ 4 (Q 4821787-' 04/26/2022 08 21441 PT-2of6 (a OF, Grantor has Figiuted this deed on the 44 -'set forth above. Q� oQ` ' e� O� Q� O'' G� 4 Lot Recorded Exemptio RecLition No. 4618735, bein 6; \West of the 6th P.M., W <o) 2�\ n4\, `1 o'f N ,, 4821 gy 04/26/2022 08 21, 3 of 6 -\ , IT IDESC AION OF PROPER3iP O,M ff' o. 0551-30-1 RECX2kt 3046, recorded Angus@ , 2020, as 'fart of the E %2 of the E Mg' Section 30, Township$ North, Range ounty, Colorado c;;9 o@) o'?2 . v� dyo 4 Q4 , , �4 (�O �° C9° 0\') k ‹� 4 (-9 e 4 fJ,%\\ .:,(t -''N ‹©e � � u' \, off' p.' • r 4? 4 O'' ( c, �� v e 4> ,O�� J QCs ��- I.IEXCEPTiONS 48217 04/26/2022 08 2144/1> Page24 of 6 < �J0 ' �C � B�� Q� Q Q� Q4 1. �y facts, rights, inteer `i, or claims thereof, shown by the Publi Records but b hat could be ascertained by an inspection�of> a Land or that may1 asserted by 1,s� persons in poss��n of the Land. ��° ®�° e 2. Easements, J) � or encumbrances,, claims thereof, not v n by the Public �� Records. „ . ®© 3. Any errachment, encumbrah violation, variation4i-adverse circumstant<e affecting the Title that would be disclosed by an*pate and complete 1 0 survey 4 •# a Land and not sho#by the Public Recor ): CQ 4.� `�►ny lien, or right to ail, for services, labo (material heretofore -hereafter Oa furnished, impost' i law and not show the Public Record_% � ' �0�5. Defects, lien 'cumbrances, adve `�� ' � „<t,-, aims or other ma if any, created, firs appearing ' e public records or(e ching subsequent ' effective date her �� but prio a date of the propo d insured acquires cc or inter or mortgage the ro covered by the Corr ent. 6. 4a � " es or assessments�t �at are not shown asaXisting liens by the s of any ing authority that Ike taxes or assessm 9~ on real property or e Public `Records; (b) proceedings by a public age at may result in to es.or O� assessments, or 9 ces of such proc *ids, whether or not s °vnby the records „< of such agenc�0�o��y the Public Reco V 4� O �� + gv 7. (a) Una mining claims, ( • b ,enrations or exce in patents or in Act, �� authorii the issuance there 3(c) water rights, clai�r title to water. „�� 4-‘�QD b 8 RIG�iT OF WAY FOR COUNV ROADS 30 FEET ON4ITHER SIDE OF SEC N AND �1 T� SHIP LINES, AS A6LISHED BY THE WORD OF COUNTY Q °S v CQ ISSIONERS FO HELD COUNTY, RECCT1DED OCTOBER 14, 1 IN BOOK ', 86 AT PAGE 273 ,6 ( y RIGHT OF WAY- ITCHES OR CAllab CONSTRUCTED B< *HE AUTHORITY �C?�4 `% OF THE UNI,TgOSTATES AS RESEF��D IN UNITED STAT�ATENT RECORDED �3� r�CU JULY 19,1g1, IN BOOK 346 AT P L 17 �Q ��Q C 10 TERMNDITIONS AND PR%ISIONS OF AGREEM NT RECORDED MAY Lug 19 N BOOK 329 AT PA G 7 4 4 11. ( DIVIDED 61/4% INTO#EST IN AND TO ALL , GAS AND OTHER �,�RALS AS s RESERVED IN DEE ,,RECORDED DECEM , 1954, IN BOOK,1 .9 AT PAGE 60, n�°'> AND ANY AND AL. SIGNMENTS THER OR INTERESTS EIN. �`,`�12. TERMS, CO ONS AND PROVISI I,S OF ORDER RECO D� NOVEMBER 19, O�' 0 1990 AT R PTION NO 223348 , D MARCH 4, 1992 A ^CEPTION NO. a�� * 2280-----77s) ,2,' 2, ' * 13 EASAMENTS, CONDITIONS�'COVENANTS, RESTR`TIONS, RESERVATIO § AND ES ON THE PLAT O �� ,(EXEMPTION RECORD FEBRUARY 22, 200 1J 16ER CEPTION NO 2927 v 1 �� ; ,s. 0<,,,. ,:�� G�� '+J A% <� G G�� c( ,„ a v <,,, a ` �' 4821 r , 04/26/2022 08 21 �; ' �()� ,� � pa,. of 6 � � �� <� tiC� t�'�� <�� 14 RIGHT OF V y:SEMENT AS GRAkIf EEDT O COLORADO IkTERSTATE GAS ��?�•- COMPANYIIINSTRUMENT RECT 8, 2007, l.# ER RECEPTION NOC` 3491145,— C7c <-Sv� 15 AN kTAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT rn @E��, PERTY IN THE NORiTO RN COLORADO WATER CONSERVANCY D#I, f21CT, AS OC'� VIDENCED BY INSTI��MENT RECORDED SEFEMBER 29, 2010, UNDER (� M RECEPTION NO 3721790 �j ,� c(�'r�'I6 OIL AND GAS EAS ,\:,77, ---- RECORDED APRIL2, 2015 UNDER RECETTION NO, 4100807 `(#)1. % AND ANY ARD3ALL ASSIGNMENTS3HEREOF, OR INTERESP < HEREIN ESTOPPELO' ro� CERTIFI 5E RECORDED NOVEBER 8, 2019 UNDER R OEPTION NO 4539986 <5.) TERMS�ONDITIONS AND PR&SIONS OF RIGHT O6 -WAY AND EASEMENT OREECPRDED JANUARY 13� 016 AT RECEPTION NCO.A172631 @AFFIDAVIT RECORDE@�IJIVE 15, 2017 AT RE -E TION NO 4310637 (' �� NIGHT OF WAY STRUMENT R��RDED APRILENT AS 16, Q�� NWC DEVELOPM��{'�1�T'�.LC IN �`e� n � 2 1 , UNDER RECEPTION NO 4481255 A �'rO�� 19 RIGHT OF VtfAY EASEMENT AS G �TED TO CHEYENNE*INECTOR PIPELIN� INC IN I a. RUMENT RECORDEEjR-`1i�AY 23, 2019, UNDE f`tECEPTION NO 4491-S `�� 20 EXI T�f G LEASES OR TE N`G-�i S IF ANY `- }' r 21 1 OIL, GAS, MINERAL ND OTHER MINERAL��IGHTS AS RESERVED*� (� v STRUMENT RECORDED NOVEMBER 8, 2010 DER RECEPTION NO 4539987, ,.S AND ANY AND ALL iSSIGNMENTS THEREpp OR INTERESTS THEREIN S, RESTRICTIONS, AND �C2� 2 EASEMENTS,��DITIONS, COVEN��'.S, ,e\r,\, NOTES ON T S PLAT OF SITE SPEOF C DEVELOPMENT PRECORDED "' FEBRUALkt) 06, 2020 UNDER RECEPTION NO 4564431 ,,,,Q)`- �S�© 23 TER CONDITIONS AND PkIvISIONS OF SURFACE 11SE AGREEMENT RECORDED JULY 30, 2020-11NDER RECEPTION N0k>4614786 -, 24 �,;EREMENTS, CONDIT�t©SINS, COVENANTS, RESAICTIONS, RESERVAITKPI NS AND `NOTES ON THE PLAA Of RECORDED EX P ION NO 0551-30-1 RFCX20-0046 <\\''...P• RECORDED AU Lia 12, 2020 UNDER RECEPTION NO 4618735�;1°s' c, -'' 25 TERMS, CO OTIONS AND PROVISJ �,Ne OF OPTION AGRE NT RECORDED 0"'' NOVEMBkg02, 2020 UNDER RE `�RTION NO 4646450. C) D\' -'3.' 26 TERMS-ONDITIONS AND PRO/IS IONS OF PERMANENT EASEMENT AGREEMENT REGbRDED NOVEMBER�4r,,2020 UNDER RECEPy�I0N NO 4655229 4 �4 27 (p)TERMS, CONDITIONS H�[3 PROVISIONS OF IWOVEMENTS & ROAD,© ,"-MAINTENANCE AGR'EMENT RECORDED TIRUARY 04, 2021 UNDER � RECEPTION dM Q NO 4679256 �? �s' ( f` , RESTRICTIONS, ES�RVATIONS AND w7 MAP EWS #12 SITytECORDED MARCH g� 28 EASEMENTSipONDITIONS, COVE Cu' NOTES OIOIE PLAT OF USR 20-0,1�s, `\ 2021 U , IER RECEPTION NO 19403 r� <s� �v v `�� 29 TERMS,�CONDITIONS AND,PR VISIONS OF PIPELINE -EASEMENT AND RIGHT -OF- , WAY GRANT RECORDED.�ULY 29, 2021 UNDER-#` 6EPTION NO 47405 CV cJ w" G 30 '- -ERMS CONDITIONS VND PROVISIONS OF EASEMENT AGREEMEN�T-s�"O DRILL � i �J p �� c?,9 - t\ (?* A?,, 2;. , 4j\S O 0 r n r n S� G r %`P' � 4821 04/26/2022 08 21 of 6 P‘g>� Cam' +J AND COMP E DISPOSAL WFLE AND ASSOCIATED f ... 45C) UN J RECEPTION NO4 ns v . Q 31 ALL MIN S, OIL, AND GAs4fi:/OR MINERAL, 011.4ND GAS RIGHTS AS �� RESERVED IN DEED REC RDED ,.n \1� 4 1 /APE THE FOLLOWI OTICES PURSUAN tC � ' CRS 9-1.5-103 CO 1,.' ' NING �©Y 2(JNDERGROUND F C DIES HAVE BEEN F Leo WITH THE C LER C>�� RECORDER THE`§ TATEMENTS ARE RAL AND DO NO NECESSARILY oP @ GIVE NOTICE WIVDERGROUND FA\ ES WITHIN THE Sk{ICT PROPERTY n� (A) MOUNT *BELL TELEPHONE ANY, RECORDED 4TOBER 1, 1981 AT *° RECEPTI \ \NO 1870705 (B) RN SLOPE GAS C II�ANY, RECORDED (1 MARC 983 AT RECEPTIO : 9 1919757 (C) ASSONATED NATURAL GilkSk) INC A+�R� ORDED JULY 20,x'(984 AT RECEPTION N 1974810 AND RECORDED' ,s OG OBER 1, 1984 AT RECEPTION NO. 1983584 © RECORDED MARC 1988 �'1 *`RECEPTION NO 213-2169 AND RECORDE (- RIL 10, 1989 AT RE ON NO �CQ ,175917 (D) PANHAAIkE EASTERN PIPE 4 COMPANY, RECO OCTOBER (�pv 1, 1981 AT RECER I NO 1870756 (E) a LORADO INTERSTA !+ AS COMPANY, ( a /?� j RECORDED A _0ST 31, 1984 AT REC. ; ION NO. 1979784 F = NION RURAL �6 ELECTRIC A��CIATION, INC., RE \DED OCTOBER 5, AT RECEPTION NOaz., .3\31871004 ,pyiNESTERN GAS SUP* COMPANY, RECORD D APRIL 2, 1985 AT O\-, 4' RECEPn iN NO 2004300 G� 0 O.Q Oe e t i9 @ ,, �.> z �,z, �n ��o � �o� e-©''' © 4§3 ILITIES RECORDE,LXr Q\' @ @ c� e* <4'3% r ® > �s Acgs' �S` �� ).� ,N L o e 0\5 (?9 ® ® ,,®" GC? e .,,,� �OKi �j �j J 0 O 0\- U �> v �? ® t� s ® ��® , <2 ,e1 e <. s • ')v. c�� /.r Co -P5 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: mnader@weldgov.com Phone: (970) 400-3527 Fax: (970) 304-6498 May 26, 2020 Expedition Water Solutions c/o Jim Goddard 2015 Clubhouse Drive, Suite 201 Greeley, CO 80634 Subject: Recorded Exemption RECX20-0046 Parcel ID #: 0551-30-1-00-059 To whomever it may concern, The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval of the draft plat please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional pages are $10 each. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50 recording continuance charge shall be added for each additional 3 -month period. Please contact me with any questions. Regards, Maxwell Nader, Planner I RECX20-0046 Page 1 of 7 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Expedition Water Solutions c/o Jim Goddard c/o AGPROfessionals c/o Shannon Toomey RECX20-0046 Planner Maxwell Nader Le al Descn tion g p Lot B of Recorded Exemption RE -3156, being a part of the E2E2 of Section 30, T8N, R65W of the 6th P M , Weld County, CO Parcel ID # 0551-30-1-00-059 ' Lot A Size +/- 22 acres Lot B Size +/- 132 acres Water Source Lot A Proposed NWCWD Tap Lot B Proposed NWCWD Tap Sewer System Lot A Proposed Septic Lot B Proposed Septic Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan X 2 Compatible with the existing surrounding land uses X 3 Consistent with the intent of the zone district X 4 Consistent with efficient and orderly development X 5 Comphes with Recorded Exemption standards in Section 24-8-40 of the Weld County Code X 6 Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County Narrative The proposed application seeks to split Lot B of Recorded Exemption RE -3156 recorded on February 22, 2002 Reception No 2927031 Proposed Lot A will contain a Class II Saltwater Disposal Facility, currently under review as Use by Special Review Permit, USR20-0007 The original proposal was for a four -lot recorded exemption, RECX19-0160, that was recommended for denial due to incompatibility The applicant chose to withdraw the application and resubmit a new two -lot recorded exemption, RECX20- 0046, for review Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County 1 A Weld County septic permit is required for any proposed home The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations RECX20-0046 Page 2 of 7 2 Prior to recording the plat A The applicant shall address the concerns of the Public Works Referral, dated May 5, 2020, relating to the proposed Lot A and Lot B access locations - B Lot A 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 nght-of-way C 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 nght-of-way D Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8- 40 P of the Weld County Code Net acreage calculations should not include future road nght- of-way 3 Items to be included on the plat A The plat shall be titled Recorded Exemption No 0551-30-1 RECX20-0046 B County Road 90 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of nght-of-way at full buddout The applicant shall delineate and label on the plat the future and 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 or reserved per the Weld County Code 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 nght-of-way line This road is maintained by Weld County C County Road 39 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 buddout The applicant shall delineate and label on the plat the future and existing nght-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 or reserved per the Weld County Code 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 nght-of-way line This road is maintained by Weld County D County Road 88 is a paved 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 The applicant shall delineate and label on the site map or plat the future and existing nght-of-way (along with the documents creating the existing nght-of-way) and the physical location of the road If the nght-of-way cannot be venfied it shall be dedicated or reserved per the Weld County Code Pursuant to the definition of setback in the Weld County Code, Sec 23-1-90, the required setback is measured from the future nght-of-way line Be aware that physical roadways may not be centered in the nght-of-way This road is maintained by Weld County _ E Show and label the existing and proposed access points and the usage types (Agricultural, Residential, Commercial/Industnal, 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 RECX20-0046 Page 3 of 7 G Show and label all recorded easements 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 (1.50) 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 budding permits 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20 C 1 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 nght-of- way or pay to relocate existing utilities within the existing County right-of-way 7) 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 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking 9) Pnor to the release of budding permits, the applicant shall be required to submit a complete access_application for a "preliminarily approved" access location as shown on this plat 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 pnor to commencement 11) The historical flow patterns and runoff amounts will be maintained on the site 12) Pnor to the release of budding permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the budding permit applications The legal description on such deed shall include the Lot designation and Recorded Exemption number 1,3) Prior to the release of budding permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity and dependability RECX20-0046 Page 4 of 7 1 14) 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 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) Potential Purchasers are hereby notified that a confined animal feeding operation is permitted by "SUP -174 and is located directly north of the proposed Recorded Exemption Specifically, north and adjacent to County Road 90 and west 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 17) Potential Purchasers are hereby notified that a confined animal feeding operation is permitted by SUP -221 and is located directly east of the proposed Recorded Exemption Approximately 0 25 miles north of County Road 88 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 18) 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 19) 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 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 Agnculturai 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 RECX20-0046 Page 5 of 7 1 for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agncultural matenals 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 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 prionties 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 County than in an urban or suburban setting Farm equipment and oil field equipment, ponds and irrigation'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 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 penod 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 RECX20-0046 Page 6 of 7 By Date May 26, 2020 Maxwell Nader, Planner I RECX20-0046 Page 7 of 7 Hello