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HomeMy WebLinkAbout20221210.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX17-0140, FOR REMOVAL OF LOT D - BRIGGSDALE ENERGY, LLC, C/O ST NOCO ACQUISITIONS, LLC, C/O TERRY YOUNGLOVE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October 2, 2017, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX17-0140, and WHEREAS, the Board has received a request from the current property owner, Briggsdale Energy, LLC, 1381 Fountain Lane, Erie, Colorado 80516-7114, do ST NoCo Acquisitions, LLC, do Terry Younglove, 39 South Parish Avenue, Unit 3, Johnstown, Colorado 80534, to vacate Lot D of Recorded Exemption, RECX17-0140, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX17-0140; being part of the SE1/4 of Section 13, Township 7 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property resulting from the vacation will be left without access to a public road right-of-way. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Briggsdale Energy, LLC, do ST NoCo Acquisition, LLC, do Terry Younglove, for Partial Vacation of Four -Lot Recorded Exemption, RECX17-0140, 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. 4828480 Pages: 1 of 2 05/18/2022 11:08 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO "II cc : PL(TP/C,G), APPI-., �1PPL - REP. S/2S/22 2022-1210 RECX17-0140 PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX17-0140, FOR REMOVAL OF LOT D - BRIGGSDALE ENERGY, LLC, C/O ST NOCO ACQUISITIONS, LLC, C/O TERRY YOUNGLOVE PAGE 2 2. The applicant shall create a new 15 -foot access and utility easement by separate document to ensure Lot C of RECX17-0140 still has adequate access. This easement will need to be signed by all owners that currently benefit from the easement, recorded, and identified on the plat by the Clerk and Recorder's reception number. 3. The applicant shall create a new 15 -foot access and utility easement by separate document to ensure Lot B of RECX17-0140 still has adequate access. This easement will need to be signed by all owners that currently benefit from the easement, recorded, and identified on the plat by the Clerk and Recorder's reception number. 4. If the applicant intends to use the 30 -foot shared access and utility easement crossing Lot A of RECX17-0139 and Lot A of RECX17-0140 for access to the vacated parcel, written permission/consent from the owners of Lot A of RECX17-0139 and Lot A of RECX17-0140 to use the 30 -foot access shall be provided. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of April, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datA,A) SsC, Weld County Clerk to the Board County Attorney Date of signature: 5/a/22. t K. James, Chair Milye-Freecpan, Pro -Tern 4828480 Pages: 2 of 2 05/18/2022 11:08 AM R Fee:$0.00 Carly Koode•, Clerk and Recorder, Weld County , CO VIIIPIMA 101#WIR 141iNION_WU Milli 11111 2022-1210 RECX17-0140 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: From: Subject: Partial Vacation of RECX17-0140 Hearing Date: April 27, 2022 Weld County Board of County Commissioners Chris Gathman, Planner Owners: ST NoCo Acquisitions, LLC, do Terry Younglove on behalf of Briggsdale Energy, LLC Legal Description: Lot D Recorded Exemption RECX17-0140; being a part of the SW4 of Section 13, T7N, R63W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 80; east of and adjacent to County Road 71 Parcel Number: 0713-13-3-00-033 Total Parcel Size: +/- 128.06 acres Zone District: A (Agricultural) Summary: ST NoCo Acquisitions, LLC, do Terry Younglove on behalf of Briggsdale Energy, LLC requests to vacate Lot D, being the largest lot of Four -Lot Recorded Exemption RECX17-0140, recorded January 17, 2018, reception #4368413. This partial vacation of Lot D of RECX17-0140 would result in an approximately 128 acre un-platted parcel. Lots A, B and C of RECX17-0140 are not a part of this action. The existing RECX17- 0140 plat delineates a 30 -foot shared access and utility easement between Lot D and Lot B and a 30 -foot shared access and utility easement between Lot D and Lot C. Additionally, the RECX17-0140 plat delineates a 30' access and utility easement that crosses Lot A RECX17-0139 and Lot A RECX17-0140 to be utilized by Lot D RECX17-0139 and Lot D RECX17-0140 in addition to the Lot A's. The existing physical access crosses only a portion of the delineated easement and does not continue to the Boundary of Lot D RECX17-0140. Per Section 24-11-50.6 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 currently has 1127.8 feet of frontage along County Road 80 (a Local Road) and 2629.55 feet of frontage along County Road 73 (a non -maintained Section Line Right -of - Way). 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. Vacation of RECX17-0140 I ST NoCo Acquisitions, LLC, LLC c/o Terry YoungoovE Page 1 of 2 %022-1210 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 Recommendation The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition A If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50 H and I of the Weld County Code Upon acceptance,of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder B The applicant shall create a new 30' access and utility easement by separate document to ensure Lots D and C of RECX17-0140 still have adequate access This agreement will need to be signed by all owners that currently benefit from the easement C The applicant shall create a new 30' access and utility easement by separate document to ensure Lots D and B of RECX17-0140 still have adequate access This agreement will need to be signed by all owners that currently benefit from the easement D If the applicant intends to use the 30 -foot shared access and utility easement crossing Lot A of RECX17-0139 and Lot A RECX17-0140 for access written permission/consent from the owners of Lot A RECX17-0139 and Lot A of RECX17-0140 to use the 30 -foot Access shall be provided I Vacation of RECX17-0140 I ST NoCo Acquisitions, LLC, LLC c/o Terry Younglove Page 2 of 2 March 9th, 2022 To Whom It May Concern RE Recorded Exemption RECX17 - 0140 Lot D Vacation Request Letter as follows The purpose of this vacation is to allow for future, further division of Lot D, State Parcel # 071313300033 (WC Account # R8952784) into the minimum 35 -acre parcels The Weld County Assessor identifies the current property owner as Bnggsdale Energy LLC 1381 Fountain Lane, Erie, CO 80516-7114 The owner proposes vacating Lot D created per Recorded Exemption #0713-13-03 RECX17 - 0140 recorded 01-17-2018 subsequent to the Partial Vacation Process, Ordinance 2021-08 The subject site totals approximately 128 066 acres As depicted on the attached Plat exhibit, several existing -to -remain utility and access easements, and dedicated ROW exist on the subject property An existing exemption plat and a draft land survey plat showing the vacation described by a metes and bounds or aliquot legal description is included with this letter Lot D Legal Descnption SW1/4 13-7-63 LOT D REC EXEMPT RECX17 - 0140 Bnggsdale Energy, LLC-Owner of Lot D Date Attachment Vacation Plat Exhibit 3-17-22 PLAT VACATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS DEPARTMENT OF PLANNING SERVICES 11555 N. 17TH AVENUE, GREELEY, CO 80631 www.weldgov.com 1 970-400-61001 FAX 970-304-6498 APPLICATION SUBMITTAL REQUIREMENTS Application form. (See attached). N/A Authorization form if applicant or authorized agent is different than owner. (See attached). Incorporation documents if the owner is a business entity (LLC, etc.), or trust documents. V Vacation Request Letter. The vacation request shall be submitted, in writing, to the Department of Planning Services and shall be signed by all owners of the lot(s) to be vacated. The vacation request letter shall describe the purpose of the vacation, any existing improvements, and any easements or rights -of -way that may be affected. Deed or legal instrument identifying the applicant's interest in the property. Draft exemption vacation plat meeting the following requirements: /1. The plat shall be titled "VACATION OF LOT [D] OF [0713-13-03 RECX17 - 0140]" /2. The plat shall contain a complete and accurate metes and bounds or aliquot legal description of the parcel that is vacated from the Recorded Exemption or Subdivision Exemption after the vacation is effective. �3. /4. The vacated parcel shall be labeled "VACATED ON [DATE] BY RESOLUTION [#] OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY." In the case of a partial vacation, the plat shall depict all non -vacated lots as still existing within the Recorded Exemption or Subdivision Exemption. /5. The plat shall contain the certificates found in Appendix 24-G of the Weld County Code: /A. PROPERTY OWNERS CERTIFICATE I (We), the undersigned, being the sole owners in fee of the above described property, do hereby [partially] vacate the land division plat of record, row recognized as an unplatted tract of lartdl TerryYounglove for Briggsdalle energy Typed or printed name Typed or printed name All signatures must be notarized in accordance with the Revised Uniform Law on Notarial Acts, C. R. S. §24-21-501, et. seq. /B. BOARD OF COUNTY COMMISSIONERS APPROVAL This [partial] vacation plat is approved by the Board of County Commissioners of Weld County, State of Colorado. Witness my hand and the corporate seal of Weld County this day of 20 CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board Date 7/19/2021 MEMORANDUM TO: Board of County Commissioners DATE: May 9, 2022 FROM: Chris Gathman - SUBJECT: Proposed Revisions to RECX17-0140 Partial Vacation Resolution Background: Lot B and D and Lot C and D of RECX17-0140 have a shared access easement (30 -feet on either side of the property line). Fifteen (15 -feet) of these shared easements will be vacated once Lot D is vacated, therefore staff recommends the revised language to replace conditions 2 and 3 of the Partial Vacation of Recorded Exemption, RECX17-0140, resolution: 2) A new 15 -foot access and utility easement, signed by all owners that currently benefit from the easement, shall be recorded to provide access to Lot C. 3) A new 15 -foot access and utility easement, signed by all owners that currently benefit from the easement, shall be recorded to provide access to Lot B. Jan Warwick From: Sent: To: Subject: Attachments: Chris Gathman Wednesday, April 27, 2022 1:24 PM Jan Warwick FW: Proposed modified language to RECX17-0140 partial vacation memo to BOCC re revised easement condition language.doc; 20221020.pdf Jan, See the attached memo — it has the proposed modification language to the RECX17-0140 vacation resolution. Regards, Chris Gathman Planner III Weld County Department of Planning Services cgathman@weldgov.com 970-400-3537 From: Chris Gathman Sent: Wednesday, April 27, 2022 8:05 AM To: Jan Warwick <jwarwick@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Melissa King <mking@weldgov.com>; Mike McRoberts (mmcroberts@weldgov.com) <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Jennifer Fuller <jfuller@weldgov.com>; Laura Gomez Hernandez <Igomez@weldgov.com> Subject: Proposed modified language to RECX17-0140 partial vacation After reviewing the RECX19-0069 partial vacation resolution. I have a memo with some modified language for RECX17- 0140. I will have copies available for the BOCC today. Regards, Chris Gathman Planner III Weld County Department of Planning Services cgathman@weldgov.com 970-400-3537 1 PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX17-0140, FOR REMOVAL OF LOT D - BRIGGSDALE ENERGY, LLC, C/O ST NOCO ACQUISITIONS, LLC, CIO TERRY YOUNGLOVE PAGE 2 2 The applicant shall create a new 3015 -foot access and utility easement by separate document to ensure Lots •ID •alnc!--C of RECX17-0140 still hasve adequate access. This agreement easement will need to be signed by all owners that currently benefit from the easement, and -recorded, and identified on the plat by the Clerk and Recorder's reception number. 3 The applicant shall create a new 3015 -foot access and utility easement by separate document to ensure Lot D--ano B of RECX17-0140 still hasv-e adequate access. This agreement -easement will need to be signed by all owners1 that currently benefit from the easement, and- recorded, and identified on te plat by the Clerk and Recorder's reception number. 4 If the applicant intends to use the 30 -foot shared access and utility easement crossing Lot A of RECX17-0139 and Lot A of RECX17-0140 for access to the vacated parcel, written permission/consent from the owners of Lot A of RECX17 -0139 and Lot A of RECX17-0140 to use the 30 -foot Aaccess shall be provided. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of April, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Scott K. James, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: Deputy Clerk to the Board Perry L. Buck APPROVED AS TO FORM: Steve Moreno County Attorney Lori Saine Date of signature: 2022-1210 RECXI 7-0140 Esther Gesick From: Sent: To: Cc: Subject: Esther, Chris Gathman Monday, May 9, 2022 2:20 PM Esther Gesick Bruce Barker; Melissa King; Mike McRoberts; Dawn Anderson; Jennifer Fuller; Laura Gomez Hernandez; Jan Warwick RE: Proposed modified language to RECX17-0140 partial vacation Unfortunately with everyone being out last week — I was not able to discuss and will not be able to until later this week. I did not receive any objections when I did a pass -around — so I don't see any issues with proceeding with the proposed language. Regards, Chris Gathman Planner III Weld County Department of Planning Services cgathman@weldgov.com 970-400-3537 From: Esther Gesick <egesick@weldgov.com> Sent: Monday, May 9, 2022 1:53 PM To: Chris Gathman <cgathman@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Melissa King <mking@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Jennifer Fuller <jfuller@weldgov.com>; Laura Gomez Hernandez <Igomez@weldgov.com>; Jan Warwick <jwarwick@weldgov.com> Subject: RE: Proposed modified language to RECX17-0140 partial vacation Hi Chris, Just touching base for a status check on the pending language, as we need to get these Resolutions out for signing and the new ones coming up finalized. Please advise. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 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 1 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: Jan Warwick <iwarwick@weldgov.com> Sent: Wednesday, May 4, 2022 8:03 AM To: Chris Gathman <cgathman@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Melissa King <mking@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Jennifer Fuller <ifuller@weldgov.com>; Laura Gomez Hernandez <Igomez@weldgov.com> Subject: RE: Proposed modified language to RECX17-0140 partial vacation Perfect. Thank you for the update. Jan Warwick Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4217 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: Chris Gathman <cgathman@weldgov.com> Sent: Wednesday, May 4, 2022 7:18 AM To: Jan Warwick <iwarwick@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Melissa King <mking@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Jennifer Fuller <ifuller@weldgov.com>; Laura Gomez Hernandez <Igomez@weldgov.com> Subject: RE: Proposed modified language to RECX17-0140 partial vacation Dear Jan, I e -mailed the remainder of Planning Staff and got a couple of responses. I am going to take it to our staff meeting tomorrow — I want to make sure that we are in agreement/on the same page as to this language going forward. Regards, Chris Gathman Planner III Weld County Department of Planning Services cgathman@weldgov.com 2 970-400-3537 From: Jan Warwick <Iwarwick@weldgov.com> Sent: Tuesday, May 3, 2022 4:29 PM To: Chris Gathman <cgathman@weldgov.com>; Esther Gesick <egesick@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Melissa King <mking@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Jennifer Fuller <Ifuller@weldgov.com>; Laura Gomez Hernandez <Igomez@weldgov.com> Subject: RE: Proposed modified language to RECX17-0140 partial vacation Hey Chris, Would you mind reviewing the draft language Esther provided so that we may use similar language for the two hearings scheduled on the 18th. We still have time, I am just ensuring I don't drop the ball on preparing the draft resolutions and getting them out in a timely manner. Thanks, Jan Warwick Deputy Clerk to the Board Weld County 1150 0 Street Greeley, CO 80631 tel: 970-400-4217 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: Esther Gesick <egesick@weldgov.com> Sent: Thursday, April 28, 2022 4:31 PM To: Jan Warwick <iwarwick@weldgov.com> Subject: FW: Proposed modified language to RECX17-0140 partial vacation Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758 /Greeley, CO 80632 tel: (970) 400-4226 3 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: Esther Gesick Sent: Thursday, April 28, 2022 4:29 PM To: Chris Gathman <cgathman@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Melissa King <mking@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Jennifer Fuller <ifuller@weldgov.com>; Laura Gomez Hernandez <Igomez@weldgov.com> Subject: RE: Proposed modified language to RECX17-0140 partial vacation Hi Chris, As discussed, the modified (markup) Resolution is attached for your review. Please let us know if this language is agreeable, or if you have further edits. Then we can use this for the other similar REXC partials coming up. Thanks! Esther E. Gesick Clerk to the Board 1150 O Street P.O. Box 758'Greeley, CO 80632 tel: (970) 400-4226 1 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: Chris Gathman <cgathman@weldgov.com> Sent: Wednesday, April 27, 2022 8:05 AM To: Jan Warwick <iwarwick@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Melissa King <mking@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Jennifer Fuller <ifuller@weldgov.com>; Laura Gomez Hernandez <Igomez@weldgov.com> Subject: Proposed modified language to RECX17-0140 partial vacation After reviewing the RECX19-0069 partial vacation resolution. I have a memo with some modified language for RECX17- 0140. I will have copies available for the BOCC today. Regards, Chris Gathman Planner III Weld County Department of Planning Services 4 cgathman@weldgov.com 970-400-3537 5 EL FC April 27, 2022 RECX17-01/!- Partial acation ® cation of Lot aaa-A-/tea RECX1 4)1 9 LOT D CX 17-0140F E CX 17 )14OF; E CX 1 -O 13 9R E G 17-O 13 t R E CX i 7-O 13 LOTB LOTH LOT LC TB LOTC r,`m',.. SSRI h.:t6t'.. t4F:Flisid irm,y,p741 iii 911 0 II 40fy• RECORDED EXEMPTION 0713-13-03 RECX1%0140 Situate to tht. Southw .st Qulrter of Section 13, lownshtp 7 North, Range 63 \Yost of the. 6th P M, Count' ot Weld, St Ito. ot Colortdo \4o-0 N88'4000E 202932 3r v I �c E. I yt� II P0 OC 'Cr; rnr /PI Tlt,reir lore 10.3J1 ACRES (40015) 5.»1((003070) �In I1� 4".00V >: II I Ii 3 de 1 n Hr:11.= w t II sal 1( I kl 0Alt0 ,0/19.1 1.00, Ill PALZ IE. r� 141. tree,A -- -,i HEED O911111 Y ROAD d71 19 C�yy� _ �T—_�— ___1.aa - 0 - —"=r- ='>,E_ (+wv6•111" SEI8391.71 2827801 f",a; w' p 1�1 �Uw"M,0"'A., gad ... 1 ma 3,3 I ` 34,1" , ..z b 1 I a v1,°aH 1. I.3;'wr 1. . • 'Ira I rnIv7O ECl"'F.. a,eewpu<>x.wE `1«xian,/:" a'.P !LIN 0, 4111111.1111L s4 -r u wu 2011 a'" 1000 114044(01100(600151 12,193 ACM (AEO w MBAR r/4oa1i4 wvLVr',YMOfaN 141 v1 .a.rer 1z Pa& � I i:a°wafee,ra I 1,499001Rv I 01 I I a wmpro 0 1.010 Yv I I ra0 I I mric r`wm�ae aaaeao.n yr jlb I Or 10331 AC013 (GROSS) 10301 IC00(G 0R05,7 1 4RMG ACRES (Nei) r r 95y5ACAE5Cal) E 1 51 ,are, +3.1.11 'I I 4t�8 vw _ .00 eoo — xxE 01 10.1 _w. LEGEND O f:2•41.: -'`r --j," 0 y .rCZ. Kohl ^04.0 run rmn 1010 r r�..�Q,Ml' � '•... . Ewa `w� �..piwn'fIlm"�"as w 0 0411.. r1 vs M aa`1.�.,.v .0 1010 e.r.,, 1010. w. 1/a/lale 120110017(0111 .100 C.01:0 A O zo 8 za Ft5 w z Li w en o 'g. 7 w§ 7101 25 0- 0 w� R 20170221 2 01RT 2 07 2 LEGEND rgr KIT P9WTOB 0.25111.51152 MM. o a221r,W�rPo.ee VACATION OF LOT D OF RECORDED EXEMPTION NO 0713-13-03 RECX17-0140 55,eert mar SECTION 13 TOWNSHIP 7 NORTH RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN OF WELD COUNTY STATE OF COLORADO odwars men, — a 01 a LOT D VACATED ON [DATE) BY RESOLUTION [RESA) OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY TOTAL ACRES = 126 066 (GROSS) ACRES MORE OR LESS TOTAL ACRES= 125493(NET)ACRES MORE OR LESS NV Lamm I+-9100 P0u7 Of 050150010 IN fq Ji. WELD COUNTY ROAD 60 gnome.* ateur OEr1ER11 Nmos i 115 10102.E10LEE 1010.7105510 DEWS 12199 1011510 EOOS.,YP1O01155E020002112105IROFEAO JCE00 RrrCaoeN Of COMMON i BxITENCEP6.55 50 0159.1,12,0£ ONTRE5I0x90ErtT OP 052105,10111E ON SN51.ACCBTEOIT CONTACT 012 CUSTOM f PERCa1 6044N 5211553001122510 100.2101.11.0.2 ALTET55UHBEFACE,AffPU5LCLMOSUNET0]E1LB1i OALNOWMSIOIT UNMCES W RY CGPm5ACU6550L0160BAW0a 3 ALPO 02.22ER®NTOPOOIO TNESYVSM0FHEPT911MM0Fa5MEP1a1Y0¢U@nsfo01NTNE REWRO50fW C00R2 10100.50 .1.5Wrott52OP oUCOMNBR5 UMW OR 1102E01E1500.25E.ANN®A5T0 LOCN1011M0PUiPo5Ea0 M TO IEIETY1tlNL 00/02055 08210.2005 TER. 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NORTH .to em SCALE1 =266 1550 Of 5011,0 CO21,21550521255,5120210 1000.1,0010,11001.6 mews ren 00101,000 MOO wRNE55411WON0TNECOPPBPRE5bL0f1.10001MTTM5 alwuse 1000010 ,0101/00 2140.15440 W 9D COAT( C2552.2015E00550 14550 PIIYER5/02,5555 CEW154.25 113.0100 KKO.P.UNOla 6*147$ 11104M� 7 IANTN AAWE0W 70 02 1312.51701.2 E07TE7114R757�N 7105174W0NNL =MI Of15E20e5TWE0 C01.01:000 PwRCEI 0E5CR1PTIOl1 lt 21ro rovra.,....,.o.m. ... P. M.1..r.... Warr.!tiU Vae , •374 tiaw::=5;TsF.: :o.;m, :t °°0813: am:;"'. EFF4756:2747riglikkir:7151:4E:inialr 42:7' rt. PRELIMINARY 9f 1001 0001 4= N OE lel O1 vsq 6�9 0 2 Z 810 110221 5. 11 aj IB END OF Psf's4 ',: T I A L VACATION F EC 17—01 VACATION OF LOT D OF RECORDED EXEMPTION NO 0713-13-03 RECX17-0140 SECTION 13 TOWNSHIP 7 NORTH RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN OF WELD COUNTY STATE OF COLORADO YEN ITS'S Zan MST O.ATIRCO.ESO,SELTICSI WTWUJOtil --1 LEGEND WEST PLY] WNVS PLAT 07.1}03 RECA17.01.1 SIELO MEASUREMENT 00411. SET L,D 1F P.6K.""" POINT OF BEGINNINGMM..IA IO CENTER WASTES COMMIS Of MITES WEITCWWWILOM LOT 0 VACATED ON [DATE] BY RESOLUTION [RES#] OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY TOTAL ACRES = 126 068 (GROSS) ACRES MORE OR LESS TOTAL ACRES = 126 483 (NET) ACRES MORE OR LESS Sarin W MLR", a•CCaal uESSiT IL WELD COUNTY ROAD 80 I t Ln 00040 PUY In RES MO MA N•~ MarInVrann Id=" WV MOWN REMA Mani, ACSLTES WEST FOUNO an•• *MA LS GENERAL NOTES I DEMITION CERTIFY CERTIFICATION APROFESSDNOS OPMON BASED ON HS OR NCRO45ELrvATDN OF CONTRON; OIIWEODE, OFORWTION ANO REUSE IT LS COME.N UNDERSTOOD THAT THE PROFESSIONALS CERTIFIGTCON OF A CONDITIONS COSTELOE RELIEVES NO OTHER PASTY OF ANY RESPONSIBILITY OR °SUDAN. NE OR SHE HAS ACCEPTED BY CUSTOM C RS1601500 OM PERSON WHO N ALY REMOVES ALTERS OR DEFACES ANY PUBLIC LAND SURVEY VOAENT OR LAND HONUNENT OR ACCESSORY COAISTSMWTSA CLASS TWO M MSDEPAGNAR 3 ALL EFERENEFS HEREON TO WORN NOES MAPS AND RECBWON NLW BERG NYE PUBLIC LVCYMENTS MEOW THE RECORDS OF WELD COUNTY COLORADO A FASEVEMND S APUBIC COCUNENTS S.A. OR NOTED HEREON WERE DAWNED PS TO LOGTONMND A PURPOSE AWERE NOT DAWNED AS TO RESERVATIONS CONmoNq OBLIGATIONS TERAMS OR AS TO TERDM TO GRANT THE SANE 5 MR C R S ]FS1100 USEK UNITS DEPICTED ON THIS VACATION PLAT ARE° 6 SIDNEY FEET ONE NETER EQUALSI I1M US SURVEY FEET EXACTLY ACCORDING THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY' A SITE ADDRESS NO ADDRESS ON WflD COLNrYMERDTE TIW VALATON OF LOT FSOTREOUT0D ND IDOES NOT CONCUR. A TITLE SEARCH BY LANDMARK EANAEERYDETC TO NONE OWNERSHPIOFTHS TRACT VERIFY THE DESCRIPTION SOWN VERIFY THE COMPATBUTY OF THE DESCRIPTION.. TNWTOF ADJACENT TRAITS OR VERBY EASEMENTS OF RECORD FOR ALL PNFOR WTDN REGAR00O EASEMENTS. RIGHT OFv.v. OA TITEOF RECORD LANDMARK FION ENO 9K 4p NOT ROY UPON TITLE COMgfMHR LAN:WARS ENGINEERING LOAM RESEARCH a THIS AGTON OF LOT 00113.63 RECUT... BKEDUN ARECORDED E.:DAMON PUT NO 01111;81 RECNITLIN THIS VACATION OF LOT O IS DONE FOR THE BENEFIT OF WAN MERGDO BRIAN BANNISTER AND BNOSSTEI HOMES MAW OF REAM. CONSIOROD THE WEST UNE OF THEFOUTHNST QUARTER OF THE SOUTH NEST CRIARTSIOF SECTION 13 TOWNSKP NORTH RANGE 63HALITE WEST OF THE STN PRP.. MERIN" AS LONUMENTFD ON THE SOUTH END WITH MBER R REBARVDH A S E INCH AW WNNA W mAHPED RS 10055 MO MONUMFMED ON THE NORTH END WITH A NUMBER 0F BAR V H! 116 INCH ALUMINUM GP STAMPED PL6 awe SAID U. BEARS NORTH 01 .0 WEST FOR A DISTANCE OFEET NORTH 0 203 Em eon SCALE 1 = 200 Two S? CNN 000000SIOWS VIINPR AI T. WraTATIPIST EWARD En WINESS M'I HIND AND THE=RPORATE SEAL O WELD COUNTYTNS OrwFleram mrt0r0GWu0O DAY oF GwR BOARD OF CouNlY coMWs6IONERF ATTEST WELD COUNTY CLERK TO THE BOARD BY GATE DEPUTY CLEW( TO THE BOARD CL PROPGTY OWNER B CEAT OSATE TEM. nlanialdS. n W eEM. 0_n to TT OIL ;T: 6COW_WAYIEN. WCOn0360, MIRES LOT O RESCRP OEM. ECORDFO FAEMPTION NO 01111181 REGMOnS RECORDED JANUARY TI 1018 AT RECEPTION NO FORFEIT BELNG COLORF 6ECITON 1; jDVMSWP F NORTN RANOE D NfiT OF THE MX pNNGPK MESIDLW COUNTY OF NELO STATE OF ACO VACATED PARCEL DESCRIPTION ATAAOTOLMOnWalurjr4T..T �LYKfp Lotair MM M ± OS OWL. Of ON HMCO. MGOML[E T, Or AVO :.uW.DATTMF-A.WM,E.SECT.*n nMP.1YEOTMMCg%VT CI INIT.aniCIPAL MW WWII WOW MT IN • CUSTANCI Of anli NIT TnElial ALPO TM Ian SW Cr LOT C WITH DI re4 • OISTMCE Of MIA WV SCOT. 01 On GM Inn. TOW WATI4E•ST COMA CI OW IA TFOICS SCaMi WST FON A [WAYS Iran.= TO Tne anallann filIIELEDDLIAIALENEIII O. TWIN WOCOSSECI14.0.01TO MATS Cr•SUIWEI PRELIMINARY ByJEFFREY UE VAN TOT" 0010. L OT SOOT] 'OA DATE WRCT IF acco SCALE 1 Too DRAW* JVH DES CANED NH APPROVED JVH w O x w 2 qe C Q m 11.2 21 SELL OF 1 q f� ii Ii iu.+v ©�ratr�nuutrwtwltvrraalu en 121.02111112,6-0,1101 RECORDED EXEMPTIONNO. 0713-13-03 RECX17-0140 xx�"va:ia sL..)"" t wt . I.,rrnr°MIMI roOTIIMIT ).M x., ..a M n w.e,°t r e, � are ypr.Tu m.vvxv VIM [MAW Or ) er 1q 14..�f./SeSer/.w rrYmmok r1 moo d Odol on, (R.L) Rag i.t.. . 4.4.r tt V 1 ���ii Isr wev�v/ CrAMCSILLI,POPOYAL er mr [0,51141,57 Cr PUMP'S •o. • 33661211-841:171 l'Oso 11 op. and y °.°e.t img ...,. Ir n ° L mv..0 6,nce¢ nx� Q51ro n COMIT CI U3 Ulf ) Map log x.^r.wl R ,a."e.t.e.r . a .m Vie1'L'` e„ I lo..idglkatp,D[6 r„ I5g _ I.r,L) Mod mg f atop O'v Drama to Lnia °n ur aL _..ar on irely]Ly Situate in the SouthwLst Quarter of Section 13, Township 7 North, Range 63 West of the 6th P M , County of Weld, State of Colorado IMPS IMP. 11 CObirlo ll La 4 ' a V L.I c .. 7.L1w. tr mx. re —roLa..a.re.r. ,^ s<la ..wer �r+nL�e• r ...r wr�u rm.wm m n s.u° %tin: a w v aytbr- ° 1° M e e.rwe o r we O x r w e.w I 11":4,11,`",worn I.° p " n r twm tt ` , wta �.io Ire.:;t:+v °r`„e aM. n, sta uMal l r^ 0... r Ova atntr.i ..b ..r ant na IM .mw r..rt., we to ...Mama w m.. 1q Mem among .1 e. alrod irler umb h win iN) mr'rna..,..o "t r..Ara=^. is n.amon.,t u rMuc., et tel v r..•n r1. e u Ir. 0.m...e t n a tx t r ... a nw.t r. �..a°' 111�Z0 °)v ° uwerveb ra awnr se1)(H It w, Y.tKs .r.x. nw"y4 0. rl.. a:� IroY we/r Wme.el:"^s Mine. mmo Ihrft.t. too Um, GM Doom nnog Irmo owe te) RID COJMYS RCM 10 rm.. p =Zit' nr':no..u,`,.`.ova . a e,`7te.ert.°moot pm.. eS Z11.' Maew aormat 1.• a 74. .n. s Trot' uW Iwo-nlesx e w x� u �w r rlmt eer�� wa .0. t Ra is..4 : r. • ..t=.w° pact. Prtow e w melomlk. .. _ n.w ▪ Moo?... le..t..M...go no ' w t m.mw r)m.tr p' om .. s�f�Tz.r.4.1l' w�"' .ravine �,b °mM.la a°"ea1-rlm"Ai Rw°eYse ap16r raw. r.tw • Ornnr t°R�°im'�'° iewawLtr ..d • nu.II"a.w. owl., : i.e. I.4.'o. d bl to awp Irt ...k� t. .hart I " wh ec]vilt:.. 1]x la, l▪ ^"ml,.. r]ura.I rl 11+ i.r ° w .@ ce ra,l...e V. e.w ww . LS Slaw reel vm¢ to c i m )"pa m. rx., I la r.r ▪ ", In ai '74; .�vnaLm. nor mlraaacmm PPM PIMP rtr ,erlot• n i]ti memo. me 'OM nor ^. renx1]a v„i wt wgmi e P t uarel srr N^� a rnrwYuR foie 9 P a 'e N S "°" lw Id. PAU aVal Cm, MUM VICINITY P nt01°RP [! e »I] o« e 0+[e .. LS""°!"'°� w0 � xeeSOwt WWI I wcwo I3 77P A 345 00, xm�xnau r SO Y R y ro SR 30 VIM 0 MAP Inn, 3 1/4 DOLMA ALLIAMM III SAT JO' Or PIO "OAP o r 410, so INSIPSC7KOS APO "MOM LS 3.3.5 PPI or'cloLng moose), ms som unman con. 9 ) 4 r � / OP loo SEC,o.�'ISRMObem. d A,eB�L? "',]n *0 Or a+1.� . ] ./. O ARIO AS OM OiSIMICII.3 AM PARIS LS 30.143 3017 Sgtl� �D^'/�1 il�rt P°Ub1SH a Se da R. Ls"Y1f315462]']u 1 I a II �! ^' d >a _ L.E. CAST Tomos ina I ° ' SR PM ;ti. WPM GIMP a,Bda fro' LS 3,330 POT7 SECTION LAYOUT m (/3/2013 201iouo 702213E3317 I .200 SP O zg zo F 11 ≥ to 3 9 sw wo X 0 O 1 FF]� R I 0 n 0 5 r R PROIC7 20170221 1 211027 I Or 2 IIWWgLGIVIAh'IhSp, r, J,&ws '8YduII RECORDED EXEMPTION NO. 0713-13-03 RECX17-0140 401'01',,a�, a d!�"A Vie li 4,�1, 1 1 i I III o-lw'.oACCE33 POW -17 w9� II II II� p1IR tam 0 I13 sn' nI�"�' OA MR sad 2 I j' Of z �("� .CPT CI AY Vy 1.0 03 3 4a LOTC 10331 ACRES (GROSS) 9 088 ACRES NTT) 11 a Situate to the Southwest Quarter of Section 13, Township 7 North, Range 63 West of the 6th P M, County of Weld, State of Colorado 4O44 51 N88 45 00 E 2629 32 SECIIM 13. 1,11. i Ill34. 201, 8 1 IIi SHIM Q]F 0.d 0. LOT') 8250(6 ACRES (CROSS) )25.491 ACRES (NET) 4s 4004 LOTO EC117- Rr II2510 Ia roll Na .061 503. .ear I I /MrnIX 00, h IArvin, 9,9989Ar i LOEB I 1a111 ACRES (CROSS) 9 956 ACRES )NCO _ 1VE!JJ G17UATY ROM do ]u m _ — — 0.89 or ewavcs7 568 39 JI W 2627 B4' NM IR, 01,12 ICU s! ups �r� nd38 �i it 9!x0.8¢...,,« JAR II u ^horse �r�wn.ly I �mlvlm..wa+�-eia 47.7214O1;_ii Fa Z"Zrk fro IFa emc.a ar prrtwi I , COCA 10 131 ACRES )GROSS) 3 LorA 9 986 ACRES NM) 6RECAIACIIV ..r77A(A.9E s 1 I II II II 5 I TIP-- 3 a Ae.(..wy e31 291x 200 100 0 200 400 800 EC8E W FEET SCALE 1.200 LEGEND GS KM LISS N w • ax+CEillIC:19.vlPnw>m . CaCULATED 80,2708 as,9. b 9!944 ACCESS PONT nf�rt o xvwviS MIMI,. iiul nT.,10.l r37 "=I te 9 w 1 .un`I'"� MEL N^�n 11+tu m u�i O999.9. "•••u.. ITP.' xa. u I r u mlre tm Isa P PSip.9 i 1/5/20(8 207,0221RECR17 -200 E C u o L 0 U go �O0 C 'E 5 5,� rrry� — .^ O I -I C 0B xp � o La 0 Ln C 0 o. 20170227 2 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing The cost of engaging a court reporter shall be borne by the requesting party In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631 E-mail messages sent to an individual Commissioner may not be included in the case file To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DATE: April 27, 2022 TIME: 9 00 a m APPLICANT: Briggsdale Energy LLC 1381 Fountain Lane Erie, Colorado 80516-7114 c/o ST NoCo Acquisitions, LLC c/o Terry Younglove 39 South Parish Avenue, Unit 3 Johnstown, Colorado 80534 REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX17-0140, for Removal of Lot D LEGAL DESCRIPTION. Lot D of Recorded Exemption, RECX17-0140, being part of the SW1/4 of Section 13, Township 7 North, Range 63 West of the 6th P M , Weld County, Colorado LOCATION: North of and adjacent to County Road 80, east of and adjacent to County Road 71 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 15, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX17-0140 Owner BRIGGSDALE ENERGY LLC ST NOCO ACQUISITIONS, LLC C/O TERRY YOUNGLOVE CHRISTOPHER CARPENTER AND KAYLEY JELINEK ADAM LONG SHAWN AND LISA KRUEGER Address 1381 FOUNTAIN LANE City ERIE State Zip CO 80516-7114 39 SOUTH PARISH AVENUE, UNIT 3 JOHNSTOWN CO 80534 35491 COUNTY ROAD 80 35311 COUNTY ROAD 80 39404 COUNTY ROAD 71 BRIGGSDALE CO 80611-8706 BRIGGSDALE CO 80611-8706 BRIGGSDALE CO 80611-5004 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, RECX17-0140, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 15th day of April, 2022. it el( IA. oAtocra 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.com . W wostO Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery Adult Signature Required $ $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees 416 Postmark Here Sent To Street a d ft t; IW, City, Sta zier6 0O n51 c[in E acie tit L1 -01 vu� 'ox No. �iiou`n Lan z, qi14 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 0 CC 1 W 0 0 0 =- J it/ 8 7 is CO C l— a) < DD +t Co a) a) To— t CA O 0 0Q >- z or DO CriN ai o E .o o 2 c c 2 ea 13 a) a) a) �,C be Cl) -0>W- 1 N . SENDER: COMPLETE THIS SECTION a) i T. O O O O O -O M 2 8 U Can 4' C N 7:3" T a C)cts CD Is O O E 0 0- c/) ■ ■ gig 2 O 00 Q7 w .ccie 7-5 2 2U U 0 22 22a) ro . >.a; a; ,, al .� • a) a) a) 2.2 0 CC CC O CO (/) cc 0) O a) CC tp- F�' s i C C C C C �_ �-p O O P-71,, 65 C/) U U 'a�'p a) a) O O QQ•UUUU Cr; ❑❑❑❑❑ rn a) CC • -4?v 44 O Q -OO ~et CO CZ) cl":H cn k4. so a) 1 e. `4 • orammal 9590 9402 6294 0274 3369 70 tr tO D a Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 U - a O U, Er 0 a O I= O r -R N rR C3 Certified Mail Fee U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. qh5 Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Po tags and ees Sent To C -O 14a 15 el° ttlt Postmark Here Street aad A ., or �D ox cif1 tlisk, bon LT) r 0 O O C3 a rR City, S PS Form 3800, April 2015 PSN 7530-02-000-9047 i'. 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Nj ., or ter M• i A PS Form 3800, April 2015 PSN 7530-02-000-9047 - glOfr See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'. Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) O Return Receipt (hardcopy) ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required Q Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent T Stree ta., ar PO B,N r City, 1173. t )ton an-Ld Li &A V PS Form 3800, Api ii 2015 PSN 7530-02-000-9047 Postmark Here 64 gold 1 - 5tbli • r a) J o }z c'.❑ ❑ 9r U Ors N 0 0 i=ce o — L C -� 2 13 a) al a) cn a) 0 cis •a) 0g W . E E iii 00 C) UU° .220os3% u�oa•. o in cy)•. 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I-- 03 ("its alc3 Q 75 (� — — c c�� c s✓55o CO Qa¢4�000C� ; cj ❑❑q❑❑c Arti m a- Er O O L11 1 II Domestic Return Receipt co O C3) O O I 0 z O 0 00 CO LL U) a. 4 I ••. `7 er N c.. a rim a JO On C's rim !A m c CO m a .-,ter ClA Al I r o0 i kw P I I rt."'. , O - 0 �0 O a, rn mOO� m X w 0° 0m --I co IT 07 O3 CO O ry O 0 v co O O N 0M TJ O O a cx ... WHO (n W li' ;13) '� 0 10 Xa cmcm y nib S3MO9 A3Nitdty JeVISOd sn 4 S WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/11/2022 1:50:29 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 071313300033 Account Parcel Owner Mailing Address R1000386 071313000010 BAS H OR C MILLARD LLARD 31857 GILL, COUNTY CO 806249204 ROAD 68 R8952781 071313300030 Le o 1 0 JELINEK KAYLEY R8952781 071313300030 1,t4 ft CARPENTER CHRISTOPHER WAYNE 35491 BRIGGSDALE COUNTY CO ROAD 8061 80 1 8706 R8952782 071313300031 L K7 LONG ADAM J 35311 BRIGGSDALE, COUNTY CO ROAD 806118706 80 H 1 R8952783 071313300032 U4C KRUEGER LISA ANN R8952783 071313300032 Lc,1 c KRUEGER SHAWN CHRISTOPHER 39404 BRIGGSDALE, COUNTY CO ROAD 806115004 71 R8952784 071313300033 Lcf 1 BRIGGSDALE ENERGY LLC 1381 ERIE, FOUNTAIN CO 805167114 LN R8952778 071313400027 HILL TERRAH R8952778 071313400027 HILL GARY JR 35685 BRIGGSDALE, COUNTY CO ROAD 806118706 80 Parcels: 13 Owner Records: 20 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/11/2022 1:50:29 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 071313300033 Account Parcel Owner Mailing Address R8952779 071313400028 WILLIAMSON ALICIA R8952779 071313400028 WILLIAMSON DERRICK 35501 BRIGGSDALE, COUNTY CO ROAD 806118706 80 R8952780 071313400029 BRIGGSDALE ENERGY LLC 1381 ERIE, FOUNTAIN CO 805167114 LN R8945696 071314100004 CALLAWAY ANGELA F R8945696 071314100004 CALLAWAY LUCAS P 39511 BRIGGSDALE, COUNTY CO ROAD 806118701 71 R8945697 071314400001 BENSON DORICE L R8945697 071314400001 BENSON C 34705 BRIGGSDALE, COUNTY CO ROAD 806118708 80 THOMAS R1002486 071323000003 WAHLERT LAND AND LIVESTOCK LLC 36750 GAL ETON, COUNTY N , CO 806229600 ROAD 65 R8948392 071324200012 JORDAN JULIE A Parcels: 13 Owner Records: 20 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/11/2022 1:50:29 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature q(,1 17..,Z Date Property Owners Within 500 Feet of Parcel # 071313300033 Account Parcel Owner Mailing Address R8948392 071324200012 JORDAN ED 35258 BRIGGSDALE, COUNTY ROAD 806118705 80 CO R8948393 071324200013 END IRA INC 35258 BRIGGSDALE, COUNTY ROAD 806118705 80 CO Parcels: 13 Owner Records: 20 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/11/2022 1:50:29 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 071313300033 Parcels: 13 Owner Records: 20 Signature 1. l H\ Date Page 4of4 PLAT VACATION APPICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE DATE RECEIVED PLANNER ASSIGNED PLAT INFORMATION Title of plat to be vacated Vacation of Lot D of 0713--RECX17-0140 S 1,3 T 7N R 63W O Complete Vacation (must include all lots) liPartial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated Lot Parcel Number D 071313300033 128.066 Access/Utility Easements to Remain -- Acreage Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary) Name Terry Younglove Company BRIGGSDALE ENERGY LLC Phone # 970-691-4244 Email Tyounglove@msn com Street Address 49720 US 85 City/State/Zip Code NUNN, CO 80648 APPLICANT/AUTHORIZED AGENT (Authonzation must be included if there is an Authorized Agent) Name Company Phone # Email Street Address City/State/Zip Code I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge All fee owners of the property must sign this application If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or subdivision exemption / 3-17-22 Signature Owner or Authorized Agent Date Signature Owner or Authorized Agent Date terry Younglove Print Owner or Authorized Agent Print Owner or Authonzed Agent 7/19/2021 PLAT VACATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS CODE REQUIREMENTS Sec 24-11-50 Complete or partial vacation of recorded exemption or subdivision exemption. A A property owner may request a complete or partial vacation of an existing Recorded Exemption or Subdivision Exemption through the procedures set forth in this Section The vacation request shall be submitted, in writing, to the Department of Planning Services and shall be signed by all owners of the lot(s) to be vacated The vacation request letter shall describe the purpose of the vacation, any existing improvements, and any easements or nghts-of-way that may be affected B Complete vacations must include all lots created by the same exemption plat Partial vacations 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 Lots created by a plat that has been approved by the County pursuant to Article 10 of this Chapter 24, Lot Line Adjustments, may be eligible for vacation if they were originally created by exemption plat No property resulting from the vacation may be left without access to a public road right- of-way No property resulting from the vacation may continue to use any ,access easement across other lots within the exemption plat without the express consent of those lot owners C The vacation request may be processed without any of the submission,, referral or review requirements of Chapter 24 No sign posting or legal publication shall be required No notice to surrounding property owners is required, except for a partial vacation of only the largest lot, in which case notice shall be sent to the owners of all other lots within the same exemption plat D Upon receipt of the vacation request letter, the Planner will prepare a memorandum summarizing the vacation request to be forwarded to the Clerk to the Board Exemption vacations will be placed on the Board of County Commissioners Agenda E The owners of all lots within the affected exemption plat shall be notified of the hearing date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing F Prior to the hearing, the Clerk to the Board shall draft a Board Resolution setting forth the determination that the Exemption plat is vacated Record of such action and a copy of the Resolution will be kept in the files of the Clerk to the Board G In the event any easement is included in the vacation, the resolution may include a condition requiring the applicant to provide evidence that the interests of the easement grantees are protected Such evidence shall include a separate document demonstrating that any easement created by the exemption plat rs retained, has been replaced, or has been relinquished or extinguished with the consent of all beneficiaries of the easement or by order of a court of competent jurisdiction H If the vacation request is approved by the Board of County Commissioners, an exemption vacation plat meeting the requirements of subsection I of this section shall be submitted to the Department of Planning Services for recording with the recording fee The applicant shall submit a signed deed conveying the vacated property to himself or herself Such deed shall contain the metes and bounds or aliquot legal description from the plat Upon receiving all required signatures, the Department of Planning Services will record the plat and the deed The vacation is effective on the date of recordation of the plat with the Weld County Clerk and Recorder I Exemption vacation plat requirements 1 The plat shall be titled "VACATION OF LOT [D] OF [RECX17-0140]" 2 The plat shall contain a complete and accurate metes and bounds or aliquot legal description of the parcel that is vacated from the Recorded Exemption or Subdivision Exemption after the vacation is effective 3 The vacated parcel shall be labeled "VACATED ON [DATE] BY RESOLUTION [#] OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY " 4 In the case of a partial vacation, the plat shall depict all non -vacated lots as still existing within the Recorded Exemption or Subdivision Exemption 5 The plat shall be signed by the owners of the vacated parcel, and the Chair of the Board of County Commissioners A copy of the Weld County Code is available online at www weldgov coin (Useful Links > Weld County Code) 7/19/2021 4707084 04/22/2021 08 19 AM Total Pages 2 Rec Fee $18 00 Carly Koppes - Clerk and Recorder, Weld County , CO WHEN RECORDED RETURN TO: St N000 Acquisitions, LLC STATBIENT OF AUTHORITY 1. This Statement of Authority relates to an entity named St Noco Acquisitions, LLC. 2. The type of entity is a a Corporation 0 General Partnership ❑ limited Partnership Association to Registered Limited Liability Limited Partnership ci Government, Governmental Subdivision or Agency ci Tnut 3. The entity is formed under the laws of Colorado. 4. The mailing address for the entry is 5. The name and position of each person authorized to smote Instruments =wetting, encumbering, or otherwise affecting tote to real property on behalf of the entity is Fen Scott Mattocii and/or Terry Younglove as Manager . 6. (4ptforat9 The authority of the foregoing person(s) to bind the entity (1 is not limited Ix) is limited as Mows: 7. (4phifanaa/)Otfher matters cancelling the manner in which the entity deals with interests in real property: 8. This Statement of Authority is executed on behalf of the entity pursuant the provisions of Section 38.30.172, C.R.S. 19s- Erecuted ' , 2 day of March, 232931.-Q ( o Non -Profit Corporation a Limited Partnership o Registered Limited Whiny Partnership ❑ Uninaorporeted Non -Profit Association ▪ liirilted Liability Company ❑ Business Trust By: TORY eve Its Ma State of Ceunty of c'374, Yas By; Ian Its: Manag The foregoing instrument was addcnowledged to before me this c Terry tfoceglave, the Manager of St No Acquisitions, LI.C. Witness my hand and official seaL My commission expires: SOC-Siatemeat c4 oIny . _321 by ELIZABETH EL VINN NOTARIC STATE Of COLORADO NOTARY 10 r aa30337 Note bile 4707084 04/22/2021 08 19 AM Page 2 of 21 State of Hawaii gew ro The foregoing instrument was adu owledged to before me this day of Attach ...021 by tan Scott Matboch, the Monger of St Noce Acquisitions, LLC. of iftWolafr Witness my hand and offfdal Hy commission expires. '477 t2ota1 -� itotaeyJ yeuc� l(alh y A. Mania. Fust Caaceatt Doc 0en: fa/Wow _Gi. Doc .pe!Ct lion-,—.... one NOTARY CERTIRCATION+t onto tow,„ fa ae� .M.• �u, Summary Name Briggsdale Energy. LLG Status Good Standing Formation date 01/16/2015 ID 20151032419 Form Limited Liability Company number January Jurisdiction Colorado Periodic report month 13$1 Fountain Line. Erie. CO 80516. United States Dal office street address n.'a ti office mailing address d Agent Name Street address Mailing address Jacob P Bragg 13S1 Fountain Line. Erie, CO 80516, United States Summary Name S I NcCc Acquisitions, LLB-: Status Good Standing Formation date Od.09 2012 ID number , Limited Liability Compan 20121207785 Form eriodic report month April Jurisdiction Colorado office street address 39 S. Parish Ave., Unit 3. Johnstown, CO 80534, United States ffice mailing address ri"a gent Name Street address Ian Scott Mattoch Mailing address 39 S Parish Ave Unit 3, Johnstown, CO 80534. United States 60 Kai One Place, Kailua, CO 96734, United States WHEN RECORDED RETURN TO T Younglove 3UB Lago Lt Fart Collins CO -80524 QUITCLAIM DEED Recording Accommod, ' 0,•7 O•ii ,, No inspection C. Document was pelf( First American 1s. c• THIS DEED, made this 3rd day of August . 2016 between Briggsdale Energy LLC , A Colorado limited liability company ("Grantor"), of the County of Weld and State of Colorado and Briggsdale Energy LLC, A Colorado limited liability company ("Grantee") whose legal address is 308 Lago Ct Fort Collins Colorado 80524 WITNESS, that the Grantor, for and in consideration of Ten ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, and the Grantee's heirs and assigns forever, 8 all of the right, title interest, claim and demand that the Grantor has in and to the real property, together with the fixtures and improvements located thereon, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows' SW '4 of the S , Sec 13 , T 7, R 63 , County of Weld, State of Colorado and SE % of the S , Sec 13, T 7, R63, County of Weld, State of Colorado Also Known As TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim, whatsoever, of the Grantor, either in law or in equity, to the only proper use, benefit and behalf of the Grantee, and the Grantee's heirs and assigns forever EXECUTED AND DELIVERED on the date set forth above ,Briggsdale Energy LJC, a Colorado limited liability Company By STATE OF. 0612411010 } } ss COUNTY OF } The foregoing i gotio< In;P/J ingr uinept_a s acknowledged before me on Recording Accommodation Only No Inspection of the Document was performed by First American Title. -3-1(., by Witness my and and official seal My commission expires 4229854 08/22/2016 10 53 AM Total Pages 1 Rec Fee $11 00 Carly Koppes - Clerk and Recorder, Weld County, CO \_,IdhleIee xO62( _ Notary Public ** if tenancy is unspecified, the legal presumption shall be tenants in common (C R S 38-31-101) 4082358 02/11/2015 09 56 AM Total Pages 2 Rec Fee $16 00 Carly Koppes - Clerk and Recorder, Weld County, CO WHEN RECORDED RETURN TO Briggsdale Energy, LLC 8010 South County Road 5, Suite 207 Windsor, CO 80528 QUIT CLAIM DEED THIS DEED is dated January 22, 2015 and is made between ST NoCo Acquisitions, LLC, a Colorado Limited Liability Company, the "Grantor", and Briggsdale Energy, LLC, a Colorado Limited Liability Company, the "Grantee" whose legal address is 8010 South County Road 5, Suite 207, Windsor, CO 80528 WITNESS, that the Grantor, for the sum of ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell and QUITCLAIM unto Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with any improvements thereon including any oil, gas, and other minerals that exist, if any, located in the County of Weld and State of Colorado, described as follows Township 7 North.Range 63 West of the 6'h PM Section 13 S/2. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and pnvileges thereunto belonging, or in anywise thereunto appertaining, 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 Grantee, and its successors and assigns, forever IN WITNESS WHEREOF, the Grantor has caused its limited liability company name to be hereunto subscribed by its members, on the date set forth above. GRANTOR Accommodation Recording Only With Out Liability PAGE 1 OF 2 4082358 02/11/2015 09 56 AM Page 2 of 2 ACKNOWLEDGEMENTS STATE.QFCOLORADO } } ss COUNTY OF B ORE ME, thedersigned, a Notary Public, in and for said County and State, on this day of . , 2015, personally appeared 2 zn 1 .,mCL , to me personally known, who being by me duly sworn, did say that he is the Managing Member of ST Noco Acquisitions. LLC, and that said instrument was signed in behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My commission expires: ���� �f, {�j� AMC K KNOBLOCH l \ -1 //' RA; /-40,11(----. � "'' ----. NOTARY PUBLIC STATE OF COLORADO am► oo NOTARY Dxp. pECEMB26 E 2 2016 -utary ublic for the State of STATE OF COLORADO) } ss COUNTY OF LQltitPr } BXFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day o , 2015, personally appeared /f.&_ , to me personally known, who being by me duly sworn, did say at he is the Managing Member of ST Noco Acquisitions, LLC, and that said instrument was signed in behalf of said company. IN WITNESS WHEREOF, 3 have hereunto set my hand and affixed my notarial seal the day and year last above written My commission expires: MY E K. KNOBLOCH STAOTA TE OF COLORADO NOTARY 10 0 POI 064033029 UNA; ILlaiaiy( Notary Public for the State of 61102106 END OF QUIT CLAIM DEED DATED JANUARY 22.2015 FROM ST NOCO ACQUISITIONS, LLC TO BRIGGSDALE ENERGY, LLC PAGE 2.OF 2 October 2, 2017 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: mhall@weldgov.com Phone: (970) 400-3528 Fax: (970) 304-6498 Terry Younglove 308 Lago Court Fort Collins, CO 80524 Subject: 4 -Lot Recorded Exemption RECX17-0140 Parcel ID #: 0713-13-0-00-009 Dear Briggsdale Energy, LLC c/o Scott Mattoch, The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval of the draft plat please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional pages are $10 each. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50 recording continuance charge shall be added for each additional 3 month period. Please contact me with any questions. Regards, Michael Hall Planner I DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Briggsdale Energy, LLC c/o Scott Mattoch RECX17-0140 Planner Michael Hall Legal Description Being the SW4 of Section 13, T7N, R63W of the 6th P M , Weld County, CO Parcel ID # 0713-13-0-00-009 Lot A Size +/- 10 acres Lot B Size, +/- 10 acres Lot C Size +/- 10 acres Lot D Size +/- 125 acres Water Source Lot A. Proposed Well Lot B Proposed Well Lot C Proposed Well Lot D Proposed Well Sewer System , ' Lot A Proposed Septic Lot B Proposed Septic Lot C Proposed Septic Lot D Proposed Septic Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan X 2 Compatible with the existing surrounding land uses X 3 Consistent with the intent of the zone district X 4 Consistent with efficient and orderly development X 5 Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code X 6 Provides for adequate protection of the, health, safety, and welfare of the inhabitants of the neighborhood and the County 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 2 The applicant has proposed a well as the source of adequate water for Lots A, B, C and D Property owners are advised that the quantity of water available for usage may be limited to specific uses, i e , "Domestic Use Only," etc Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203 Phone 303-866-3581), to discuss each individual situation RECX17-0140 Page 1 of 6 3. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 4. Prior to recording the plat: A. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. B. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. 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. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0713-13-03 RECX17-0140 B. Show and label the 30 foot wide joint access and utility easement extending across Lot A of RECX17-0139 and Lot A of RECX17-0140 from County Road 80, for the benefit of Lots A and D of RECX17-0139 and Lots A and D of RECX17-0140 per item 5.B in the RECX17- 0139 administrative review. C. A 30 foot wide joint access and utility easement extending across Lots B and D of RECX17- 0140 from County Road 80, for the benefit of Lots B and D of RECX17-0139 shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. D. A 30 foot wide joint access and utility easement extending across Lots C and D of RECX17- 0140 from County Road 80, for the benefit of Lots C and D of RECX17-0139 shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. E. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP17-00452). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. F. County Road 80 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right- of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of- way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. (Department of Public Works) G. County Road 71 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right- of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of- way and the documents creating the existing right-of-way. If the existing right-of-way cannot RECX17-0140 Page 2 of 6 be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. (Department of Public Works) H. 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. I. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 6. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 6) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 7) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 8) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C and D have an adequate water supply of sufficient quality, quantity and dependability. 9) Potential purchasers should be aware that Lots A, B and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 10) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. RECX17-0140 Page 3 of 6 11) 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. 12) The property owner shall control noxious weeds on the site. 13) The historical flow patterns and runoff amounts will be maintained on the site. 14) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 16) 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. 17) 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. 18) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides RECX17-0140 Page 4 of 6 and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 7. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 9. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to maps@co.weld.co.us. RECX17-0140 Page 5 of 6 10. 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. /74,////0" By: Date: 10/2/2017 Michael Hall, Planner I RECX17-0140 Page 6 of 6 Hello