HomeMy WebLinkAbout20223325.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION,
RECX20-0106, FOR REMOVAL OF LOT D - PHILIP AND BREE LUKENS
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 November 5, 2020, the Department of Planning Services approved
Four -Lot Recorded Exemption, RECX20-0106, and
WHEREAS, the Board has received a request from the current property owners, Philip
and Bree Lukens, 9378 County Road 124, Carr, Colorado 80612, represented by Alles Taylor
and Duke, LLC, c/o Scott Ducommun, 3610 35th Avenue, Unit #6, Evans, Colorado 80620, to
vacate Lot D of Recorded Exemption, RECX20-0106, located on the following described real
estate, to wit:
Lot D of Recorded Exemption, RECX20-0106; being
part of the SW1/4 of Section 33, Township 11 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Philip and Bree Lukens, for Partial Vacation of Four -Lot
Recorded Exemption, RECX20-0106, 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.
4873091 Pages: 1 of 2
12/20/2022 10:37 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
FAR II
cc : PL(rP/NN/vat,
APPL. REP.
1X/21/22
2022-3325
RECX20-0106
PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX20-0106, FOR
REMOVAL OF LOT D - PHILIP AND BREE LUKENS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COUNTY, COLORADO
ATTEST: ddeit,„ G j444
t K. James, Chair
Weld County Clerk to the Board
eputy Clerk to the Board
ounty ``' orney
Date of signature: l2 -/1i./9-2
4873091 Pages: 2 of 2
12/20/2022 1037 AM R Fee:$0.00
cart, 0,14 , Clark and Recorder, Weid count, , co
2022-3325
RECX20-0106
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Diana Aungst, Planner II
SUBJECT: Vacation of Lot D of Recorded Exemption 0201-33-3 RECX20-0106
HEARING DATE: November 30, 2022
APPLICANT/OWNER: Philip and Bree Lukens, 9378 CR 124, Carr, CO 80612
REPRESENTATIVE: Alles, Taylor & Duke, LLC c/o Scott Ducommun
3610 35. Ave Unit #6, Evans, CO 80620
LEGAL Lot D of Recorded Exemption RECX20-0106, being a part of the SW4 of Section
DESCRIPTION: 33, T11 N, R67W of the 6. P.M., Weld County, Colorado
LOCATION: East of and adjacent to CR 17; north of and adjacent CR 122 section line
PARCEL SIZE: +/- 153.2 acres PARCEL NUMBER: 0201-33-3-00-009
ZONE DISTRICT: A (Agricultural)
NARRATIVE:
On November 1, 2022, the Department of Planning Services received the attached vacation request letter
signed by Philip and Bree Lukens, requesting a partial vacation of the plat of Recorded Exemption RECX20-
0106, recorded December 10, 2020, reception #4659522 to vacate Lot D. There is a 30 (30) foot x one
hundred (100) foot joint residential and agricultural access and utility easement shared by this lot and Lot
C of RECX20-0106. This access and utility easement will remain on the site.
The Lot A is owned by Travis and Daina Roeder and is not a part of this request. Lots B and C are owned
by Philip and Bree Lukens (the applicants). All four (4) Lots have access to CR 17. Notice to the property
owners of Lot A was sent at least ten (10) days prior to the hearing by the Clerk to the Board.
The resulting parcel will be larger than thirty-five (35) acres.
A draft vacation plat is also attached and requires minor revisions prior to recording. A metes and bounds
description for the lot to be vacated has been included on the draft vacation plat.
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 mat.riak were deemed
complete and include the vacation request letter and the draft vacation plat map.
2022-3325
I1Aga
Page 1 of 2
Section 24-11-50.B of the Weld County Code, states, in part, "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 lots withing the same plat."
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved for the following reasons:
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.
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.
Page 2 of 2
23 September, 2022
Dear Department of Planning Services:
I am writing this Vacation Request Letter to request that Lot D of Recorded Exemption No.
0201-33-3 RECX20-0106 as located in the Southwest 1/4 of Section 33, Township 11 North,
Range 67 West of the 6. Principal Meridian, County of Weld, State of Colorado. The purpose
of this request is to vacate ONLY Lot D of RECX20-0106 and to finally split the vacated Lot D
into three (4) 35+ acre lots by Plat of Survey per Colorado State Statutes. The existing
easements per RECX20-0106 will remain as platted and unchanged by the new Plat of Survey
Respectfully Submitted,
Date: 100622
Bree Lukens
Date: 100622
Philip Lukens
VACATION OF LOT D OF RECORDED EXEMPTION NO. 0201-33-3 RECX20-0106
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 11 NORTH,
RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
VICINITY MAP
PROPERTY OWNERS' CERTIFICATE:
m�eea'mi:len�piareoi n.ere, n.w p .a .e .n R pmie ir;oi'pt Iona. Prep. r. m n. r [p.l ur] x =me fn.
of Recgrdetl Exemption No. 0201-33-3 REcx20-0106)
stela el CelornsW. a/a )ti 15ecllen J3, IiownaM1ip• Inbetl es ipllewa. eel .l Ine 61n
Corner 01 v.ld secllon !3 c e conelaenn. IM1 Y al Ou.rfer (5.
i/e)dol epitl sectlenel!! IecB.6l M1leel
EC030 —0100.
reel le IM - - Ine el Ine 000. eel pu.rle. (SW I/d) of e.ie semen ]]
e.semenle tleacgrlbetltlpo nl al sane yc ;aluTe 5s.2sBreeo.tl o. ae now aelaantl i ,ubeectreel of Ipntl. -ol- Y r o1M1er
SURVEYOR NOT[$:
Il ce of Weltl Co Y� sloes Dol�tela pEe unleae ef.letl olM1erwlae. p nc tlocumeele ee lib o1 Ine Clen and Recoraen
2M1 x
ntl/o
el by el M1cepfonce pntli/er�uae el IM1Ie Inalrumenl l.r y
• cevnlule g menf nby r1M1e cllenf to .II leans stoles M1ere.n.
D) BA515 0f BGRINGS: ins Bearing .I NO H 2'!I' WESi between IM1e SoutMeal (SW.) Corns. I s o 3J
!So(monumenlee rllnYc dR oeb.r wIIM12. i2 0 u .lum num LS 1JI92) a .uem.a, e-Ou.ner (W, sic/a) of secllon
xF A aM1own nereon ntlY erol pe ce pee. ers b.eed nepenerdf�nformollen, ontl .rento be ueetl y IM1Ie
0,00 L0400.
A.O.. 2022
Ion Expires'
O 0000
ROARO OF COUNTY COMMI(SIONFR4 APPROVAI
Wllneee my npn0 and IM1e corpwele aeeleoleW ItlGC.unIyC. mmnalonen al wale co r. Slefe el Coleretle.
CHAIR, 00ARO Of COUNTY e001.050100E00
0,0
gepen a.rR m m. so.
G sRVEYOR'5 STATEMEN[:
d Oby tole up Yn Denen.l • �
State el IC.I.r.tlo.c5l.fe Boob of sp • r.flon for ProM1ael npl EnpineenfoanticProfesalon.l Lantllisuneyon teem Wela
Scull L.
e. 202308! .i Allea Y A Ouke. LLC
•
1
VACATION OF LOT D OF RECORDED EXEMPTION NO. 0201-33-3 RECX20-0106
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 11 NORTH,
RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
141,
RE!.� uDi]s�EMEN?
(s�lr.rer:tl l..ijmm r..l gnu..
vncn'na3rnftcea.
1 8Y°IS']U" W 3653.51'
lOUT111 INE OF'!UE SOUTII W EST QU:\0. fEft S
CTION 33
1.5 DESCRIBED
a ReRo1laLetl R lnn
... n„aR n°��ie'� ael Lnna s Rr . ena w.�ei�in. sitli. ei c.itl,.ae, slm. soe.a iaarol;irole.
,Lliuu aye k Dune, LLD
O.LEND. 1D33-Dl5
RECORDED EXEMPTION NO. 0201-33-3 RECX20-0106
THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 11 NORTH, RANGE 67 WEST OF THE
couNTY NOTES: 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
n wehu �ellfe a a..a „alp . airs o . a.nnmm� ar ,.Ib " m. w.la ca re m. lM1• reemr.a .elbaa4 I.
m one Iila nl la ocN lm unry C
m.a a afore e -of -ray Iln..
o gw ;�li�(Iso>I„� of'Iam ou o allso, ..iln. elo� wxni� w.np�itl. (T(s)�: �eo� env vwccee on
y lure aNuaurea or Y... on al. must a6toln In ...or . aonlno one, bullaing P mils.
uiIllNes wlinin�n. l.ai ofnp County vN9 -ar- y •nla lo<afee wl,M1in cafe p 9n -ol- y or pov Io r•locofe ealaling
e) P elewe of rmna aces regwrea to ar.bmn a c pee Dote. pp capon Io.
p Iimin y epprwee" access locollon as shown on IM1 p
9ppA ad ggM1l �al mway Use pPerm� prior 1D comm•nwmmhaunty rghM-al-way or eoaem•nl obeli q on
ullllnafetl IM1•r•Irom, ceBartllaa•fol M1a be ,l fll of c n Ins silo. Isla plmi Inclu n
ao ar .arlonller owllM1oul fellers dolg
will ourllM1 pp vol a( p one wllForgM1le of use of Gulch bapaem•nls. wlee p• • rM1s use of
12) all > elnX Ee nC <u ' releaaetl I e . as
Euilgrog pe mils. sM1oll De aubmi • q ne M1as been roleoaea Irem 1M1e C program p r to Inc r ae of
13e P riding permits, coflana. �ITM rleg aeacnlPlionan binpn the to uall I w
1M1a Lot tl g Ilon ontl RecaNeawEsempllon �Inumber. Fp n vu ee, >n ncluae
I4) P lh a of b din nEeRuote wofar �upplynfof >uflicle 9u YR anllly P epormanl bllltylonnin9 Servlua
foal Lola a, B �C and' D nave an ntl ps ao
INo P Dufalde rrgallonoone,/er IM1a wale g f slack ommals. ibeol$1oM1 eUlgllalonf of Walar Rwourcea la>un oil well
P6) P � offal urabo> ler of mea kin q w deBnae by
o Dao rmanl or home Weltlncounly r0 olio and EnvironmanllM1
al gy nc ngn well uron fa leaf 1M1elr tlrin B al prier to cone p n c d pe eel yolneraaller.
ucea Isauestloll w p Ile le If Inc lal owner M unable ?for= o w pe mil.
oblilma p envirucllo any huild9 q. B
empfgB nc29-t-2o nod Saclion-J-TO.B.13Pa of„oun,ynlC
f Compliance m
vaalocNne/or ry Dlvq permN la e tl for y laclrlcol vervtce fo the bull g wafers IDnpwof g rcening
Is) BC llain9 Permlla la o -.a to . Io m. r.. .Inner. ar me coamr Pa y
Pee, o y- itla Rooao imp f Pe•, and Dm e p 1 Pee q ama.
Rccs sT
n..ala on veal ..aaa.a.a b.aaa ;I' tai ln. s °� ;°
Min, rol rea Iona
aociMlatlo
Icol to Iona. on
Pv r o ..Iran me m
onrl.uea gio unify. II
n al mpl, O• m Donor take water fro •Intlogl d iwmel'
nova an i toted rlgM1t lla Inc wofar. m on ailcnea, la4ea, or other alrvcruna, unl•aa
s� o Iroaon a.. ro.a.
rPaalls: ar ae(c)na
eas moat r co4lcol Inc
rw...n �iesn. miara.e m.
il.a�• a..a w.e to mfl.renl na:a anh In arbors e a a.nl aq. Perm w an afna aa�pm�.un. unn�lwe�t•rrl° viol rl n' n �nlnanv np��l n1ein:.; ;. n w9a it
mna. �:'aalmn,.a I. p am, not nv r m.l. a r. al also fo. l p .moo er m. rarm.r, I�.nnoose.
Coon
0.
sro.Iane ca��ty(twyoe oaaa walde of a vale
ie
}
PROPERTY DESCRIPTION:
n 33, i I erdi of C unh o oraOoeT
- cn'betl uP el r it9lAcro e,l I rD y g - -ray o orM1er eoa•menfa 9 or
nsarve y rumenfa of Incortl ar as now a etlnq on ame Iraq of lana.isn
VICINITYooO P
LOT AREA
BURVEYQR_NQTES:
ca ^lryresinncei cola aeo'ar°,i:.'' la .a nn..rl.•. on nammn a p nc eooamema an ln. ar In. c1..4 and Reca.e... onlae of was
beaae ups tlnwl In IM1Ia au n tnrw ve
ya ninm nnam
awn M1.reon ar In opr en. by nc� a e�Inor:nlon..a.afana.
3) BA31$ OF BEARINGS: Lne eearng of NorM1 00'12'31" Wear b•Me•n Ih• SouMwaal (SW.) Corner of Sactlpn 33 (monumentetl wllh c g6 rebar
wIh a 2-I/2" amino ]492) and Inc Weat One -poorer (W. t/4) of Action 33 (monumenled wNn a �6 nbar riln o 2-1/2'
aluminum p LS 2430]) la aaaumee.
4) y of De compla e�Iare Daaed rlgM1lg olrololnformolion, and are to be uvee y IM1Ia cent•s1. r g -of-ray whim are anorn M1eroon
E.,MFNT 6 R.O.w. NOTES:
mn
SXOWu NEREON AREA 1N0( wEiO COUNTY RO OVIEWERS REPORTS AND
OALEO STI IAUO Si 2 ToI LE REPORT N
A3 PROVIDEOAANO NO EASEMENLURESCARCN W S PERPORMEO BT COURSE
D WITHIN LNE SHOWN RECOflDED EASEMENTS. UTILITY LOCATfi ARE R[COMMENDED To
mad.mal merefo, oron., In o <locomen,:
omen, does not aonlom aofraenl l000lloo II...lora la not anown.
• of 1 ecrlDM pro r do Mre01n
I M•) a :ryYla
Ya.�•m l .:ie:o P le. a..s. Io. Ina aaneun nI oln..
Slala of CNoe'tla o
Ceunly a
a acknor p before me on 1210X 2020 u4.na
Bre• Lu4ena �-----(DATE) by Pnlllp D. L ontl
ENT CERTIFIf
nafX of ropery
Y B In I q M1ng
PhnlP�y:�i ..
CERTIFICATE OF AppROVAL:
ey 1M1e Depanme, - Adminlarraliv wlaw:
olo,a te DePorlmem olR Planning
Diracror DeDorm•nl of Plonnin9 S•rvicn
Smicaa
for Illlno.
vMn•aa mY n and >•al
Notary Public
KPoSTINE MNEIEM
NOrARy PUBLIC
STATE OF WLORADO
NOEAM 102112A034B2]
MY fA W1198Y)N E%PIRE9 JUNE 05.2021
Lana searv.^ar In sal. of camram. .br
m eraonn > wmalPn orordn.
of g oliony fornProllaniolnalDEnginleen a d n•
Foan t_ oppomman. L.
. an an b.mlr or all..]imlor n Da4., uc e ago-ofi]
ow - 0n;2n12.
II
�H�AM�@1A�NIM9fMiJYA4NlNJ4hN�ANiIYY, tIflI RECORDED EXEMPTION NO. 0201-33-3 RECX20-0106
THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 11 NORTH, RANGE 67 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
nnxTx,., soon+,wxsr v+ox sec.
LOT D
is..TRT, n,xu �Rwil�
rL.sunRu nu. n,.� r.s
= PROPERTY xOUNOARY
= GRAVEL FOAOS
Axv+l UNe5 SiATFNENI
(Sunayera /„1)mPl ,eel unlla.
�nle P mY perwnPl fauPervla�an Ro ereEy
m;n °rs.ai.vii �Y io��P�ai.�.no��oi Eee .era a�a xe�a
la co.�ry.
Ten ud imn_neli Pf Allea iaY1e� a ouW, LLc
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.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weldgov.com.
Date: November 30, 2022
Time: 9:00 a.m.
Applicant:
Philip and Bree Lukens
9378 County Road 124
Carr, Colorado 80612
Request: Partial Vacation of Four -Lot Recorded Exemption, RECX20-0106, for Removal of Lot D
Legal Description: Lot D of Recorded Exemption, RECX20-0106; being part of the SW1/4 of
Section 33, Township 11 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 17; north of and adjacent to County Road 122
section line (see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: November 18, 2022
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX20-0106
Owner
TRAVIS AND DAINA ROEDER
PHILIP AND BREE LUKENS
ALLES TAYLOR AND DUKE, LLC
C/O SCOTT DUCOMMUN
CO M M U N
Address
511 BUCKRAKE STREET
9378 COUNTY ROAD 124
City
SEVERANCE
CARR
State Zip
CO 80550-3285
CO 80612-9425
3610 35TH AVENUE, UNIT #6 EVANS 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, RECX20-0106, in the United States
Mail, postage prepaid First Class Mail as listed above.
m
N
m
r -R
rR
IMP
CI
IT"
ru
rR
N
Dated the 18th day of November, 2022.
IA 1
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal ServiceTM
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information. visit our website at www.usps.com®.
1
Certified Mail Fee
1t
Extra Services & Fees (check box, add fee as appropriate)
o Return Receipt (hardcopy)
o Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
o Adult Signature Required
$
$
O Adult Signature Restricted Delivery $
Postage
$
Total Postage and Fees
Sent
street
try` sYa�
I%)
Postmark
Here
PS Form 3800, April 2015 PSN 7530-02-000.9047 See Reverse for Instructions
1
1
SENDER: COMPLETE TI -IS SECTION
Ola la)
73
¢Q
El
x
i
0 co
45
U
ro
z°
a. ❑
r ..
0 0
o0)
r\v
.Q•N,
N a
8)
cc a
co
0w
co co �
0
Tvzdb
3.
et,
J
i
C)
> C) 0
.> -a
O .s v
� O
}'.O
0 cn
U
a U
CC
C a) a)
a N wet"
�cc22CC
CD -O -a O 0
�a CD a) o 0
Q UUU
cYi❑❑ ❑❑❑I
r
a-
)
4-0
C
0
O
" -O
M U
-10 -6-C
.0 cti
co
413
O
Q. >
E
0a.cco
II •
O
.Q
-c
o
E
v '-
a
.Q a
oU)
-:it- as U C
O
fl O
U C
O
Q o
•
LC1
bio
I teRt,
9590 9402 6749 1074 1336 72
N
N
e'g
U)
0
szs
0
U
Q
N
0
V
U
.CZ
cc
n
r
two
n
r
C
C
r
a
n
Q
r
C
Domestic Return Receipt
rn
J3
rR
O
a
a
O
r
ru
a
C3
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.u.SpS.corn .
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic) $
D Certified Mail Restricted Delivery $
• Adult Signature Required
• Adult Signature Restricted Delivery $
'Postage
Total Postage and Fees
Isin•
Postmark
Here
h1i Th and Brat LuLtns
tren3t-ROrt
tio setutz
PS Form 3800, April 2015 PSN 7530-02-000-9047
See Reverse for Instructions
SENDER: COMPLETE THIS SECTION
c7
-a
Ct3
N
E
a)
a)
0
U
■
Ct
.a+
Q
D❑
0
U
O O
2
in
O
O
`
C - 03
z ' cNn .>
TW O
'a
(W 1O fr N
cu
w
-� co
ea co
a) 6
i 2
a) �Q
•,,—
a)O E
>,
O '- U)
CA J o •
-
� U
s 2 a.
a)
as
�
4) O Q
O
a)
i= O O o
i
te(1)o
a ti3
C CUo
c.°Qo
• ■
LO
a)
U
e
a)
cc
a~ci
E
.a -D -D
ga)0
z
o o
as co EEC'
UU
-g
v) can a) as i •i
O 0) a)- C C N
•t a) ea) a).°o
0..CCCCC]U)U)CC
a❑❑ 0
z
0
�- .O
o Q)
'L 4-. (1)
U cc
tr N aN
"
mQU)
a m =
F- cvCng co�O—
C C cr
tU cucn 0 0
S77. ' U
o> y r= N
(f) -D -0 0 0 O O
< cep OOO
ctiOCHNOOCI
ru
ru
rn
m
1
C3
a
a
C3
CT'
ru
[T -
r9
D
Artic
N
Domestic Return Receipt
0
CJ)
0
0
Cv
0
co
N-
CO
O
CO
7
CO
E
I°
0
ru
ru
a
D
CI
I=
N
O
O V 0 O
Z
0 '*
E
-O
.0
0)
v
O o
— a)
E -O
O to
2
C -O
O (0
Cn
a Cd
-o
• a)
W
2,112 c12
oa,•a—C
ft
•ca)a)0)
0_Lrow
❑❑❑ ❑
a)
a)
a) .O
O
O ≥ o
CD
'0 C] U 0
c a) a)
,o 9 Q .
a.:co�cc> > a)� ;ioo--r,
C Ccz.c C CCCQ
CD Cr) 0) - .O ina) 3 r--
0-D-oa)a)o0
<<OOOO.
(Y3❑❑❑❑❑❑
U)
2.2
O O E
a
-• >' Q)
c o Ea
di 12 O
OS CCI
C7 2 U 0
-p -O Cll «Y
j td � Q)
fe t - Cd cu O
En
•
Article Addressed to:
J
z
th)
th 4
real aja
r--4�
CJ
9590 9402 6749 1074 1336 65
2. Article Number (Transfer from service label)
U.
In
N
m
r1
rR
a
CI
a
C3
■�
U'
ru
r-1
CI
Domestic Return Receipt
0
0
O
N
O
O
co
1.0
0
T
CO
LL
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
0 Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
❑ Adult Signature Required $
❑ Adult Signature Restricted Delivery $
$
Postage
Total Postage and Few
Sent
City, J
/au/brand
Postmark
Here
1tt, LE -0)
ec Dftccmn'w,J
)l�'Q 8ox No. � - -
PS Form 3800, April 2015 PSN 7530-02-000-9047
See Reverse for Instructions
12/5/22, 11:06 AM USPS.com® - USPS Tracking® Results
LISPS Tracking®
Tracking Number:
70192970000011367346
Copy Add to Informed Delivery
(https://informeddelivery.usps.com/)
•
r
Latest Update
FAQs >
Remove X
Your item was forwarded to a different address at 10:09 am on December 2, 2022 in WINDSOR, CO. This (7
was because of forwarding instructions or because the address or ZIP Code on the label was incorrect. Q_
p
Get More Out of USPS Tracking:
USPS Tracking Plus®
Alert
• Forwarded
WINDSOR, CO
December 2, 2022, 10:09 am
In Transit to Next Facility
December 1, 2022
Arrived at USPS Regional Facility
DENVER CO DISTRIBUTION CENTER
N ovember 30, 2022, 11:27 pm
• Departed USPS Regional Facility
COLORADO SPRINGS CO DISTRIBUTION CENTER
N ovember 25, 2022, 6:52 am
TArrived at USPS Regional Facility
COLORADO SPRINGS CODISTRIBUTION CO DISTRIBUTION CENTER
N ovember 19, 2022, 3:34 pm
O
https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70192970000011367346%2C%2C&tABt=false 1/2
12/5/22, 11 06 AM
I
USPS corn® - USPS Tracking® Results
® Departed USPS Regional Facility
DENVER CO DISTRIBUTION CENTER
November 19, 2022, 8 55 am
Arrived at USPS Regional Facility
DENVER CO DISTRIBUTION CENTER
November 18, 2022, 9 24 pm
® Hide Tracking History
Text & Email Updates
USPS Tracking Plus®
u
Product Information
See Less n
Track Another Package
Enter tracking or barcode numbers
Need More Help?
Contact USPS Tracking support for further assistance
FAQs
https //tools uses com/go/TrackConfirmAction9tRef=fullpage&tLc=3&text28777=&tLabels=70192970000011367346%2C%2C&tABt=false r 2/2
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
11/7/2022
3:35:53 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 # 020133300009
Ottoix
((In)-24)-z.:Z
Signature
Date
Account
Parcel
Owner
Mailing Address
R0084986
020132000007
FORT COLLINS CITY OF
(WATER/WASTEWATER UTILITY)
PO BOX 580
FORT COLLINS, CO 805220580
R1762502
020132000007
NATURAL FORT GRAZING LTD
C/O JUSTIN L STORY
10825 N COUNTY ROAD 15
FORT COLLINS, CO 805248700
R6781119
020133100003
AKBARY ALI
R6781119
020133100003
AKBARY ADIBA
2732 DENVER DR
FORT COLLINS, CO 805256688
R6781120
020133200004
AKBARY ADIBA
2732 DENVER DR
FORT COLLINS, CO 805256688
R8969800
020133300006
L -14-A
ROEDER DAINA P
R8969800
020133300006
Lid-
W 0
ROEDER TRAVIS S
511 BUCKRAKE ST
SEVERANCE, CO 805503285
R8969801
020133300007
``''
LUKENS BREE
R8969801
020133300007
bb -4-5
LUKENS PHILIP D
9378 COUNTY ROAD 124
CARR, CO 806129425
Parcels: 12
Owner Records: 18
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
11/7/2022
3:35:53 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.
O01Edat • It 1.0) tic
Signature
Date
Property Owners Within 500 Feet of Parcel # 020133300009
Account
Parcel
Owner
Mailing Address
R8969802
020133300008
LUKENS BREE
R8969802
020133300008
C
LUKENS PHILIP D
9378 COUNTY ROAD 124
CARR, CO 806129425
R8969803
020133300009
lD
LUKENS BREE
R8969803
020133300009
1,1341) 1)
LUKENS PHILIP D
9378 COUNTY ROAD 124
CARR, CO 806129425
R6780559
020133400002
SULLIVAN CYNTHIA
R6780559
020133400002
SULLIVAN KEVIN
PO BOX 1288
LONGMONT, CO 805021288
R0301786
030304000002
GALLEGOS RICKY ALLEN
8829 N COUNTY ROAD 9
WELLINGTON, CO 805491527
R0301686
030304200001
GALLEGOS MEGAN L
234 ROCKING H DR
CHEYENNE, WY 820079687
R0301986
030305000004
THOMAS LARRY E (LE)
7900 COUNTY ROAD 120
CARR, CO 806129621
Parcels: 12
Owner Records: 18
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
11/7/2022
3:35:53 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 # 020133300009
Parcels: 12
Owner Records: 18
Signature
i t I ''i i 2-t a -z.
Date
Page 3 of 3
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
I FOR PLANNING DEPA TMENT US : DATE RECEIVED:
(ie PLANNER ASSIGNED: 1
PLAT INFORMATION
Title of plat to be vacated: RECORDED EXEMPTION NO.0201-33-3 RECX20-0106 S 33 T 11 R"
['Complete Vacation (must include all Tots) Q Partial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number
D
020133300009
153.238
ACLli -1.1 t v MA i d iL /d,) fit, v e r- ^ r u 6O4,4 W
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: BREE LUKENS & PHILIP LUKENS
Company:
Phone #: 303-579-2868
Email: Philiplukens@gmail.com ; Breelukens@gmall.com
Street Address: 9378 WCR 124
City/State/Zip Code: CARR, CO, 80612
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: SCOTT DUCOMMUN
Company: ALLES TAYLOR & DUKE, LLC
Phone it: 970-330-0308 Email: ALLES_TAYLOR DUKE@YAHOO.COM
Street Address: 3610 35th AVE. UNIT #6
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 Fenn 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.
100622 � 100622
Signe re: Owner or Authorized Agent Date Sigrtaivartiwne or rizecf Agent Date
Brea Lukens
Print: Owner or Authorized Agent
7/20/2021
Philip Lukens
Print: Owner or Authorized Agent
6 oc,r,Zn2Z
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17Th AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
I, (We) BREE LUKENS & PHILIP LUKENS , give permission to SCOTT DUCOMMUN
(Owner— please print)
(Authorized Agent/Applicant—please print)
to apply for any Planning, Building, Access or OWTS permits on our behalf, for the property located at
(address or parcel number) below:
PARCEL #020133300009
Legal Description: LOT D RECX20-0106 of Section 33 , Township 11 N, Range 67 W
Subdivision Name: Lot Block
Property Owners Information:
Address: 9378 WCR 124 CARR, CO
Phone: 303-579-2668 E-mail: phillplukens@gmail.com ; Breelukensagmail.com
Authorized Agent/Applicant Contact Information:
Address: 3610 35th AVE, UNIT #6
Phone: 970-330-0308 "ail: ALLES_TAYLOR_DUKE@YAHOO.COM
Correspondence to be sent to: Owner ja Authorized Agent/Applicantn by: Mail Emaill
Additional Info:
Owner Signature:
Owner Signature:
Date: 100622
Date: 100622
Diana Aungst
From: Melissa King
Sent: Thursday, November 3, 2022 12:31 PM
To: Diana Aungst
Subject: RE: Partial Vacation RECX20-0106
Diana
No concerns from Dev Review.
The final plat should include the ag access in the SW corner of the property. This access uses CR 122 resolution ROW
(not County maintained) to get to CR 17.
Thanks
M
Melissa J King, PE
Development Review Engineer
Department of Planning Services
Weld County
1555 North 17th Avenue
Greeley, CO 80631
(970) 400-3762
LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES
From: Diana Aungst <daungst@weldgov.com>
Sent: Thursday, November 3, 2022 11:33 AM
To: Melissa King <mking@weldgov.com>
Subject: Partial Vacation RECX20-0106
Hi Melissa:
Please review this Partial Vacation request for RECX20-0106 and let me know your comments.
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-6100
Fax:970-304-6498
daunost(a3weldaov. com
www.weldoov.com
4864366 Pages: 1 of 1
10/31/2022 02:49 PM R Fee:;13.00 D Fee:90.00
Carly Kopp., Clerk and Recorder, Weld County CO
QUIT CLAIM DEED
1/t.�GJnalrt G�/
THIS DEED, made this day of Cit..' ol� < , 2022 , by Philip D. Lukens and Bree Lukens,
GRANTOR, for this consideration of ****TEN DOLLARS AND OTHER GOOD AND VALUABLE
CONSIDERATION***** in hand paid, hereby sells and quitclaims to Philip D. Lukens and Bree Lukens,
GRANTEE, whose street address is 9378 Weld County Road No. 124, County of Weld, State of Colorado,
the following real property in the County of Weld and State of COLORADO, to -wit:
Lot D of Recorded Exemption No. 0201-33-3 RECX20-0106, according to a map
recorded December 10, 2020 as Reception No. 4659522, being a portion of the
SW4, Section 33, Township 11, North Range 67, West of the 6"' PM, County of
Weld, State of Colorado.
Also known as street and number: To be determined..
TOGETHER with al
STATE OF
Bree Lukens
CCloraotd
COUNTY OF wad
)ss
31".
The foregoing instrument was acknowledged before me this day of Otliktlr , 2022 BY
Philip D. Lukens and Bree Lukens
Witness my hand and official seal
My commission expires 1, ZOZfo
When recorded retum to:
tary Publ'
JANA LEE VOGES
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20224021534
MY COMMISSION EXPIRES MAY 31.2026
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Philip
D. & Bree Lukens
RECX20-0106
I
Planner:
Michael
Hall
Legal
Description:
SW4
of
Section
33,
T11
N.
R67W of
the 6th
P.M.,
Weld
County,
CO
Parcel
ID
#:
0201-33-3-00-005
Lot
A Size:
2.5 +
net
Lot
B Size:
2.5
+
net
acres
acres
Lot
C Size:
2.5 +
net
Lot
D Size:
+/- 152.75
acres
acres
Water
Source:
Lot
Lot
Lot
Lot
A:
B:
C:
D:
Proposed
Proposed
Proposed
Proposed
Well
Well
Well
Well
Sewer System:
Lot
Lot
Lot
Lot
A.
B:
C.
D:
Proposed
Proposed
Proposed
Proposed
Septic
Septic
Septic
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. If residences or structures requiring water and sewer are constructed or used for the proposed lots,
Weld County On -site Wastewater Treatment System (OWTS) Permits are required for septic
systems and shall be installed according to the Weld County OWTS Regulations.
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.
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.
RECX20-0106
Page 1 of 6
4. Prior to recording the plat:
A. The applicant shall address the concerns of the Public Works Referral, dated September 3,
2020, relating to the proposed Lots A, B, C, and D access locations.
B. The applicant shall acknowledge the advisory comments of the Colorado Division of Water
Resources, as stated in the referral response dated September 9, 2020. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
C. The applicant shall satisfy the concerns of Weld County School District RE -9, as stated in the
referral response dated September 9, 2020 per Section 24-8-40.K.1 of the Weld County
Code. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services.
D. 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.
E. 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.
F. 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.
5. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0201-33-3 RECX20-0106
B. 30 foot wide joint access and utility easement(s), shall be shown clearly on the plat. Any
joint easement shall be dedicated for the use as shown using the language set forth in the
Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide
all weather access.
C. Show and label the existing and proposed access points and the usage types (Agricultural,
Residential, Commercial/Industrial, and/or Oil and Gas). Public Works will review access
locations as a part of the plat submittal.
D. County Road 17 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate and label on the plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. If the existing right-of-way cannot be verified it shall be
dedicated or reserved per 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 right-of-way line. This
road is maintained by Weld County.
E. County Road 122 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way from the Lot D to and including the
connection to CR 17. Reference the documents creating the right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is not maintained by Weld County.
Any unmaintained road needs to be located/identified in relationship to the right-of-way.
Show and label the section line Right -of -Way as "CR 122 Section Line Right-of-way, not
County Maintained."
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.
RECX20-0106
Page 2 of 6
G. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
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 occupied building or structure shall be constructed within two -hundred (200) feet
of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or
within twenty-five (25) feet of any plugged or abandoned oil and gas well.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) No lot may be amended or divided except in accordance with Chapters 24 or 27 of
the Weld County Code, as amended.
4) The property owner or operator shall be responsible for controlling noxious weeds on
the site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
5) Weld County will not replace overlapping easements located within existing 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) The access will be utilizing unmaintained County right-of-way. Maintenance of the
unmaintained County right-of-way will not be the responsibility of Weld County.
8) Prior to the release of building permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown
on this plat.
9) Any work that may occupy and or encroach upon any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to commencement.
10) The historical flow patterns and runoff amounts will be maintained on the site.
11) All access and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of
lot configuration or number of users, and without limitation of the use or intensity of
the use of such easements. No lot owner may install a gate or otherwise impede the
use of such easements without the approval of all persons with rights of use of such
easements.
12) All structures requiring building permits shall be located within an area that has been
released from the CRP program. Evidence shall be submitted indicating land has
been released from the CRP program prior to the release of building permits.
13) 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.
14) 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.
RECX20-0106
Page 3 of 6
15) 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.
16) 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.
17) 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.
18) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building
permits, however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
19) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage
Impact Fee Programs.
20) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has
some of the most abundant mineral resources, including, but not limited to, sand and
gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes,
minerals are vital resources because (a) the State's commercial mineral deposits are
essential to the State's economy; (b) the populous counties of the state face a 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.
21) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most
productive agricultural counties in the United States, typically ranking in the top ten
counties in the country in total market value of agricultural products sold. The rural
areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
RECX20-0106
Page 4 of 6
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of State and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement
is based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
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. 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.
RECX20-0106
Page 5 of 6
10. The applicant shall create and record deeds for all the newly created lots; deeds shall include the
legal description of each lot and the reception of the recorded exemption. New deeds are required
even if lots will remain under the same ownership. Failure to do so may create issues with the
proper assessment of the lots by the Weld County Assessor's Department and may create a
clouded chain of title.
By: Date: 11/05/2020
Michael Hall, Planner II
RECX20-0106
Page 6 of 6
Hello