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Home My WebLink About20220649.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX16-0146 - PATRICIA DEPLAZES 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 14, 2016, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX16-0146, and WHEREAS, the Board has received a request from the current property owner, Patricia Deplazes, 9120 N. Saint Vrain Drive, Lyons, Colorado 80540, to vacate Lot D of Recorded Exemption, RECX16-0146, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX16-0146; being part of Section 10, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property resulting from the vacation will be left without access to a public road right-of-way. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Patricia Deplazes, for Partial Vacation of Four -Lot Recorded Exemption, RECX16-0146, for removal of Lot D, be, and hereby is, approved, subject to the following condition(s): As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days 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. 4807991 Pages: 1 of 2 03/07/2022 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill N NOAH' 4111 +I'IIIY i 'I a 1911XIIIA Ii 11111 cc:PLCrP/AS), APPi_ . 3/io /22 2022-0649 RECX16-0146 PARTIAL VACATION OF RECORDED EXEMPTION, RECX16-0146 - PATRICIA DEPLAZES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of February, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO ATTEST: Scot K. James, Chair Weld County Clerk to the Board - _ ^ c n Mil .eeman, Pro-Tem BY: uty Clerk to the Board L. my Atney Moreno Lori Saine Date of signature: 4807951 Pages: 2 of 2 03/07/2022 11.07 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County , CO 1111 Fs11111 2022-0649 RECX1 6-0146 1861 DEPARTMENT OF PLANNING SERVICES c o u N T Y MEMORANDUM TO: Weld County Board of County Commissioners FROM: Angela Snyder, Planner II SUBJECT: Vacation of Lot D of Recorded Exemption 0551-10-02 RECX16-0146. HEARING DATE: February 23, 2022 APPLICANT: Patricia Deplazes, 9120 N Saint Wain Dr, Lyons, CO 80540 LEGAL DESCRIPTION: Lot D of Recorded Exemption RECX16-0146, being a part of Section 10, T8N, R65W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Rd 96, east of and adjacent to County Rd 43 PARCEL NUMBER: 055110200004 PARCEL SIZE: ± 137.02 acres ZONE DISTRICT: A (Agricultural) NARRATIVE: The Department of Planning Services received the attached letter on January 13, 2022, from Patricia Deplazes, property owner, requesting a partial vacation of the plat of Recorded Exemption RECX16-0146, recorded April 26, 2017, reception #4297008 to remove Lot D. Recorded Exemption RECX16-0146 was the first recorded exemption on the property. Three smaller lots are associated with the original parent parcel: Lots A, B, and C of RECX16-0146. All property owners will be notified of the partial vacation request hearing. No easements were created on Lot D by the plat of RECX16-0146, therefore no other interests are affected by the request. The resulting parcel will be larger than thirty-five (35) acres. A draft vacation plat is also attached. A metes and bounds description for the lot to be vacated has been included on the draft vacation plat. The Department of Planning Services staff has reviewed this request and recommends that this request be approved. 2022-0649 Page 1 of 1 Vacation Plat of Lot D Recorded Exemption No 0551-10-02 RECX16-0146 Located in the Northwest 1/4 of Section 10 Township 8 North Range 65 West of the 6th P M County of Weld State of Colorado PROPERTY DESCRIPTION TO BE VACATED a cE°rY1o"rEiDHo°i PSG NOFfMYEST 0 R SIELTION MRNSHIP 8°NORTH NOE 353 WEST Sheet 1 of 1 93004 BCINO A OE 060 liDC TO Or THE 6TH PRINCIPAL YEg10NN COUNTY OF WELD STATE OF COLORADO ReawG NORTHWEST CORNEA SECTION 1D FOUND J/4 REBM WITH J 1/4 JJJL5u)34 GP LS 12374 ORM 1 A CORNEq SECTION 1R FOUND /� REWITH J 1/� ALWIN CAP LS 37011 _ _ _ _ _ _ _ _ _ COUNTY ROAD B6 SaW2545Y1 2Bu]6 — — --------------PROPERTY DESCRIPTION AFTER VACATION — — — — — — — — — — — — — — — — — MOBIL PCOUNTYF OF WOLD SUTE fIEAM°LO SR oODYDRE PTM°RTINIIAR YNOESCAOm IDES ES M DOLL Or THE 61H PRINCIPAL 605 166160 AT THE NORTHWEST CORNER OF THE NORMNCST 1/4 ��w SECTORA1C5THENCE000M'Ig� �ETTH TO THE WEST LINE OF THE NOFTUiT & I�ECOSDCE EIENPC°TION NO 0551-10-02 00041R-0111 RELOADED APRIL 26 2017 AS NORTHWEST CORNER LOT A LEGEND �- SECTION CONTROL YONUYEM AS 60100 HEDEON I 0OF0 RECEPTION NO 1217008 THENCE COINCIDENT WITH THE NORTH UNC OF SAID LOT A NORM 692045 CAST A DISTANCE OF 61161 FEET TO THE NORIMFAST CORNER OF SND L9T (1 THENCE COINCIDENT WITH THE EAST WIC OF LOT,.T LOT B AT A, LT }= SR 5/B % 24 REBAR WITH 2 ALUMINUM CAP LS ]8045 1/2 RE8O1 WITH YELLOW INASIC CM W 32444 I AND LM C Or SND RCCORDCD E%EMPTION SOUTH 005211 F/ST A OISTAVCC OF 141412 RR 10 THE --- yJi2�f0UN0 1OOoOI'B(C110N 0 5DISTANCEOF OLENTY °� WEPROPERTY OWNERS CERTIFICATE I THE UNDERSIGNED BEING ME SOLE OWNER IN FEE Or THE A90CC DESCRIBED PROPERTY DO HEREBY VACATE I THE NANO DMSION FAT OF RECORD NOW RECOGNIZED AS AI UMPIATTED TRACT Or AUTO 0 I I PATRICN APRIL DEPIAIES I —2D 45 E 649 B1 VACATED LOT D $ STATE Or COLORADO COUNTY of WEED 1) Om I REC%16-0146 ME FOREGOING CEAIIRCATION WAS K%NOWLEDGED BEFORE NE TAN DAY OF _ 20_ rvl SURVEYORS NOTES I 137 02 ACRES +1— 001 600255104 ELPIRE5 1) BA515 OF BEARINGS ME WEST UNE OF THE SOUTHWEST 1/1 OF SECTION 10 TOWNSHIP hP'I LOT A R00%18-0146 WITNESS W 1060 AUTO SEAL ASNMONUMEMEDO RCSAEON WOH TADO. BFARPNGf COMNNED HERON REIATMHTHERETO NEST Wei I REC NO 4297008 I -- THCRCOFNAEU SN SURVR FDOE 6POEFlNCE ESPREE550 11200/J SLRI Y FEETAD DECIWLS �YA S NIMMY PUBLIC J)) KCORDING TO COWMW AN YOU MUST COMMENCE OMIT LOCAL ANION BASED UPON L. -------- 50 (OEM WT ANY ACTON BASED UPON ANT OEFECT 01 THIS NU000Y BE COMMENCED MORE 110214TEN YEAS FROM ME DATE OF THE CERIUICATON SHOWN HEREON IN NO EVENT SMALL ME LMBILIIY DICFED ME DOLLAR AIWA MR THIS SURVEY 41 ANY PERSON WHO KNOWINGLY REMOVES 04 KNOWINGLY CRISES IN B(E1 6020000 MY III BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL 06011U IN SECTIOE100 NYSE O JCBS-1OS A6�ESLORANONROF CIOINMOLACORNENRAAS 0106011011 III 005 VACAPON PAT WAS APPROVED BY THE 00060 OF COUNTY COMMISSIONERS OF WELD COUNTY STATE OF COLORADO ANY SUCH MONUMENT OR WHO IN0AINGLY RESOLE OR SECTRION°]Op°SJ CN S.SEKN SAID PERSON KLE°THf W10 EED I ANDTHE CORPORATE SEAL OF WELD COUNTY TARS — SOY OF 20_ 101VASR Bf 103 (1 WHICH SUD MONUMENT OR KCESSORY IS LOCATED COMMITS A CLASS 2 MISDEMEANOR UNLCS PRIOR T° SUCH REYOVA SAID PERSON HAS CAUSED A COLORADO PROFESSIONAL LDT B REC%16-°149 i^ ACE NO A2BTOOB Y H SUCH MONUMECSTARUST NT OR ACCESSORY RADIOED 1CM°SR FILLESD OR R REFERENCE AUUSED BE FI ED A 0 HO1 RECORD PURSUANT TO ARTICLE 53 OF TRLE JB CRS $ CHAR BOALU OF COUNTY COMMISSIONERS Up��ONUYCNT USEOR8r A FC6 RCDIST0000 PFUFESSIONAOL LEND IN TAO PFABCPCE 0300 SSURJEYING I FINDINGS WSCA CH MEBSUB°IECT OF 1R°EOSO T°IFICAT°NPIH °NIU DOES NOT COSSTFFME A F I ATTEST WARRANTY OR CURO ATC% EC (TITER PRESS OR IYPUEO 0015 __-- COUNTY GLIDE TO THE BOARD SV"pY1•EWNG ICOYPAS AND 8NO TALLSE CONYRY0 WNSNPRRON OEN UNO EOCRREON W THE CUFM FOR THIS SURVEY II II LOT C 00001B-0116 NEC NO 4287008 BY DEPUTY CLERI TO THE BOARD PATE IIIB2 SURVEYORS CERTIFICATE N eB21 D2 E 2eu 54• I R HODS A A PR NL LARD SURVEYOR M THE STATE OF COLORADO DO NCCUR CERTFY TNT � WFST /4 CORNER SERION 1 10 CENTER /4 CORNER SECTH ID I R J 4 % JD REBAR WITH IS VAC PREPED ADDER TH6 VA KATI PAT REO PRI NW III C W MIIJ THE SUPEIM MD AID TUl OM PAT IS AI KCUMTE PECULRT NlATIOIL THWEDG CERTIFY TNT THE SUINEY ARO THS PLAT COMPLIES WTH All IPPLKMLE RULES REDVLAMNS OF ME SR 3/4 % JD RE— WITH AUYINUY CAP L6 3W46 3 1/{ ALUMINUM CAP IS 38046 I AID AWS STATE STATE OF COLORADO SPATE BOIPo Or KGSTRATON MR PROFTSIONAL ENGINEERS AAN PROFESSIOHA SURVEYORS AUTO WELD Co— 1104e M. °Ri1Ul1 S I. f1N Of CAN WEST LAID SURVEYING of nlA CO WLORADO CORPORATION 1's %ILP�GCGLIL //YlK GRAPHIC SCALE 6.00: SOUTHNESI CORNER SECTION LOA J 1/4 SOUTH 1Y4 CORNER SECTION 10 r^� �PA01U1YHO�CARCLLS 0881°10 AEUNINUN fIPEISI0E16M0 �I 0 200 400 fi00 A 012 AAaMJ IL 11YMRM1 00 40021 60161 P.NF6L-IL-,I1 i,N2 R .. 5 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: February 23, 2022 TIME: 9 00 a m APPLICANT: Patricia Deplazes 9120 North Saint Vrain Dr Lyons, Colorado 80540 REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX16-0146, for Removal of Lot D LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX16-0146, being part of Section 10, Township 8 North, Range 65 West of the 6th P M , Weld County, State of Colorado LOCATION: South of and adjacent to County Road 96, east of and adjacent to County Road 43, approximately 0 25 miles east of County Road 15 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED. February 11, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF R ECX 16-0146 Owner ERIK RODRIGUEZ MUNOZ PATRICIA DEPLAZES Address 46778 COUNTY ROAD 43 9120 N SAINT VRAIN DRIVE CERTIFICATE OF MAILING City State Zip PIERCE CO 80650-8908 LYONS CO 80540-8200 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, RECX16-0146, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 11th day of February, 2022. (JttKLHY' .LJc2kCL)IXL Janet M. Warwick Deputy Clerk to the Board a (� Certified Mail Fee I I Extra Services & Fees (check box, add fee as appropriate) O ❑ Return Receipt (hardcopy) $ o ❑ Return Receipt (electronic) $ Postmark O ❑ Certified Mail Del ivery Divery $ Here ci ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ O Postage ul $ Total Postage and Fees Sent To . Pc Z O St t`ea A,,ppt. �Nop or �B1,ox,No.f / Ci , State, ZI�4® Co :rr r t) rrr r. rR Lfl o - O O O O rR Certified Mail Fee Z l $ Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ Postmark ❑ Certified Mail Restricted Delivery $ Here ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees ti;i$ Sent T fr L D r) r L - W Str a d o r PoxVo. --------------------------------------------- - c;ry,4CL �D�,/J�U "�qD� • :1• .. 1 r• •r•.r. •- a) a) a) a O <<O f u to } O ❑ \ O _a) 6D 0i N in C O a) d N C 0> N _ O C a) at a)o E C o yO - 0 Y E U a1 � � a m N O a CC r rn a) o E E ro o C y W 0 t >-t o E E c to c o U (1 Q0 •0 N f C C O O ld E 9 tl a. c c W2 88 m Z` C N N≥ J i ft c r 0 w(1)W tT 019 alr¢0¢205C5Cc ❑❑❑ 0 DO ra it > 00w o I - yY y1 N) V Ta t` — Q m aT > .•«cr3OO Th U 9.D fl OO U)U) QQUOUU! N a 0 a) Q) C Y -i N I -. U) a) 0 O c) 0 0 0 C N C 0 th U, z LU O N D tb Co E LL I a Complete items 1, 2, and 3. A. Si ! Print your name and address on the reverse X so that we can return the card to you. Attach this card to the back of the mailpiece, E3• eceived by{P,�inted Na or on the front if space permits. f?�^ rc"rs- Lt Z-'5 Article Addressed to: PQJirr✓t'a iTsc>/Q zes Qizo iAJ. Sn n4 V(OL (fib n 5 Cta 9 D5i) D. Is delivery addreSdifferent If YES, enter delivery addn ❑ Agent ❑ Addre III' III II I IIIIIIIIIIIIII II I III II I I I 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MaiITM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted Z'Certified Mail© Delivery 9590 9402 5390 9189 0170 48 O Certified Mail Restricted Delivery O Return Receipt for ❑ Collect on Delivery Merchandise Artlrlu klllmknr Trnnn4nr s.,..., ^^..,:^^ �..�-n ^"^^' ^n Delivery Restricted Delivery O Signature ConfirmationTM tail ❑ Signature Confirmation 701? 11450 0000 9675 20140 tail Restricted Delivery Restricted Delivery I cover 3ou0) Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/31/2022 10:39:02 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. tLlA LAY' ck �j Z Z Signature Date Property Owners Within 500 Feet of Parcel # 055110200004 Account Parcel Owner Mailing Address R8967497 055103300005 AGCOUNTRY REVOCABLE TRUST 19495 COUNTY ROAD 72 EATON, CO 806158922 R8967498 055103300006 AGCOUNTRY REVOCABLE TRUST 19495 COUNTY ROAD 72 EATON, CO 806158922 R8967499 055103400007 AGCOUNTRY REVOCABLE TRUST 19495 COUNTY ROAD 72 EATON, CO 806158922 R1017302 055104000006 MICEK JOSEPH DUGAN R1017302 055104000006 MICEK BENJAMIN JAMES 72 BLANCA CT LIVERMORE, CO 805368727 R0609886 055109000006 ANTHOLZ LLLP 5970 DRIFTER ST COLORADO SPRINGS, CO 809185249 R0610386 055110000010 JOHNSON TOM D (JT UND 1/6 INT) R0610386 055110000010 LESH ARLENE FAMILY TRUST R0610386 055110000010 LESH JAMES FAMILY TRUST Parcels: 13 Owner Records: 21 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/31/2022 10:39:02 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Jotaw Signature Date Property Owners Within 500 Feet of Parcel # 055110200004 Account Parcel Owner Mailing Address R0610386 055110000010 LESH THOMAS (1/6 INT) R0610386 055110000010 PARFREY GAIL L (JT UND 1/6 INT) R0610386 055110000010 NELSON DOROTHY JO REVOCABLE TRUST 18933 CELTIC ST NORTHRIDGE, CA 913262352 M8962972 055110200001 GOMEZ ANA M R8948789 055110200001 GOMEZ ANA M M8962972 055110200001 MUNOZ ERIK RODRIQUEZ 46778 COUNTY ROAD 43 PIERCE, CO 806508908 R8948789 055110200001 4 A' MUNOZ ERIK RODRIQUEZ 46778 COUNTY ROAD 43 PIERCE, CO 806508908 R8948790 055110200002 Lo 1 13 DEPLAZES PATRICIA APRIL 9120 N SAINT VRAIN DR LYONS, CO 805408200 R8948791 05511rp0200003 to -r, l/ DEPLAZES PATRICIA APRIL 9120 N SAINT VRAIN DR LYONS, CO 805408200 Parcels: 13 Owner Records: 21 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:39:02 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. I Signature Date Property Owners Within 500 Feet of Parcel # 055110200004 Account Parcel Owner Mailing Address R8948792 055110200004 DEPLAZES PATRICIA APRIL 9120 N SAINT VRAIN DR ' Lu-i- 7 LYONS, CO 805408200 R8948796 055110300014 DEPLAZES PATRICIA APRIL 9120 N SAINT VRAIN DR LYONS, CO 805408200 R8963454 055110400001 NEUMON VIVA J 2924 WORTHINGTON AVE FORT COLLINS, CO 805265553 Parcels: 13 Owner Records: 21 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:39:02 AM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. �� rn . j I ej I Signature Z Date Property Owners Within 500 Feet of Parcel # 055110200004 Parcels: 13 Owner Records: 21 Page 4 of 4 PLAT VACATic APPECATION RECORDED EXEMPTIONS & SUBDIVi5ION EX€MPT1Ot4S ---d T 0ATt RLCV&D. Vaatt0F1 or TMIa d pt�t a b! virr.+•d I';5'r'- /p ! L jECJ( Fe S �' T RAC flcciesss'VWfl ( a �o�ls} PwW v saran ar tt m ixqe4 bt to st S air 35 a"*) 1''U I. I. ,. ir1fl!! _ !war ASidS 0551102 ct'ccZ [e37 PROPER TV . . p 114 fl. aDo. d toa$saty J C crnpary C, of V40 (AuttKCZ&POi7 mint be tf7cka*d it r l@ti is anAtted j a. I. a 1r1. t. I'I I ,.p ■ 1I i I •' r I • a .r r _ •1 r I .v1 •- Si I. big •. .. ..4..,,i • i 1 :. I r f 1 I• . I I. i : 1 1 i { . •.. 1 i r NW CbWw r rX mad App Pr.Ra Ckwtws �r A,ItaRL1� A"" I 0 , ]ddil7tqp�NM' sir.+. i�� +s o'..a 4sflrflhJ re J� •wev elf W .. t..... 1I . amt aAn_MP SALE. DUD (Meld County) KXt7N ALL I= BY THIS! PRZS TS That GRBO R . REVJZS, whose ftatling address, for purposes of thin Dead, is X7080 County Road 33, X=a. Colorado $044e. of the County of Weld, State of Colorado ('Qraiitorn), for the consideration of Ten Dollars 1810.001 and other good and valuable consideration, in hand paid, hereby se11a Snd Conveys to PATTY D. RZtVZB, whoa e sailing address is 204 7th !treat 9Z, Kant, North Dakota 58701, of for C�vuuty of Nerd, State of North Dakota {■Granter'i. the real ptdperty situate 10 the county of Weld, State of Colors4o. which is legally described as follorst Those certain three (31 parcels of real estate which art legally described on Exhibit A* attached hereto and incorporated her*ins by referent*. gflfJ i.►itiya of j and reserves unto reprear<atrtiws, and ai.aerals and mineral dater hereof and which the parcels of :nal e I a1 tight. Grantor expressly excepts biaeelf, and his heirs, personal aasSgnsforever, all oil. gas, and other rifhts which are owned by Grantor on the ere located in, on, or usnder the su.rfacr of state being conveyed hereby. Signed and delivelr`ed this day of April. 2013. r STAi`6 4F CDWRAt:oD 1 ss. CQWNTY or WE JD ,The torepoLr3g instrument was ackr.Gwledg.d, efoxre era this 111 day of April. 301) by GR= R. Rfl g5 . VITNSSS MY hared and official K`y CO�isiico t pires:-k'frflt t_#4 41n1Ei•, seal. jl. Notary Public .�.. IRS - s ♦ I:V,' k •17P4 Papa. 2rt2 ?f: Hlp •2 21 fl 0 F*d ¢I#.!1 4 in M� M 7ta.4 2► -..r :tars ., St# (ealy - •PdWh4UD46 VW' ii EXHIBIT •A• ATfl4CflD TO NiP MADE A PART GP 1*1 BARGAIN AND SALl DEW BrTWZV GREG A. RUUYRR 4 • TOR') AM PATTT D. RLUw7CS 4-G*sirrrs• ) z, ._R iF RIPTIONa OF 7HS .PHEQFTY1_ CR Y County of Veld. suite of Colorado - 'scant land, no street address assifoed) .:w Aili c-ocrnty of Weld, State of Colorado. 4vseamt lam, no street sddrose •sstGned! P'tPCF..L : i2nflSpJ1. mCb,__R*:c q 0i7. t34jl# Pt 9eeti . 33: 991/4s County of Weld. State of icoloradO. (Vaunt land, ac sf sut addarels easign..dl y +- '-:: ± -E-1 . - - -- DEPARTMENT OF PLANNING SERVICES 1555 N. 17'h Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: mhall@weldgov.com Phone: (970) 400-3528 Fax: (970) 304-6498 October 14, 2016 Patricia A. Deplazes 8030 County Road 15W Minot, ND 58703 Subject: 4 -Lot Recorded Exemption RECX16-0146 Parcel ID #: 0551-10-0-00-007 Dear Patricia A. Deplazes, 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 one (1) paper copy of your plat for review by the Department of Planning Services staff. Upon approval of the paper copies 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 an eleven ($11.00) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. 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 be added for each additional 3 month period. Please contact me with any questions. Sincerely, aft Michael Hall Planner I DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Patricia A Deplazes RECX16-0146 Planner Michael Hall Legal Description Being the NW4 of Section 10, T8N, R65W of the 6th P M , Weld County, CO Parcel ID # 0551-10-0-00-007 Lot A Size +l- 6 acres Lot B Size +l- 6 acres Lot C Size +1- 10 acres Lot D Size +1-138 acres Lot A Proposed Well Lot A Proposed Septic Water Source Lot B Proposed Well Sewer System Lot B Proposed Septic Lot C Proposed Well Lot C Proposed Septic Lot D Proposed Well Lot D Proposed Septic Criteria Checklist Yes No X I 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 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 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 RECX16-0146 Page 1 of 6 3 The West Greeley Soil 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 The applicant shall address the requirements of Weld County School District RE -9 as stated in the referral response dated 09/21/2016 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services B Lots A, B, and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40 L of the Weld County Code Net acreage calculations should not include future road right-of-way C Lots A, B, and C 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 D 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 E 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 0551-10-02 RECX16-0146 B A 30 foot wide joint access and utility easement extending across Lots A and D from County Road 43, for the benefit of Lots A and D, shall be shown clearly on the plat The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F 2 The easement shall be graded and drained to provide all weather access C A 30 foot wide joint access and utility easement extending across Lots B and C from County Road 43, for the benefit of Lots B and C, shall be shown clearly on the plat The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F 2 The easement shall be graded and drained to provide all weather access D All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00434) The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point E County Road 43 is a gravel road and is designated on the Weld County Road Classification Plan 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 All setbacks shall be measured from the edge of right-of-way This road is maintained by Weld County F County Road 96 is an unmaintained section line right-of-way The applicant shall verify and delineate on the map the unmaintained right-of-way and 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 RECX1 6-0146 Page 2 of 6 G Show and label the section line Right -of -Way as "CR 96 Section Line Right of Way, not County maintained" H Setback radiuses for existing oil and gas tank batteries and wefheads 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 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) All structures requiring building permits shall be located within an area that has been released from the CRP program 6) Evidence shall be submitted indicating land has been released from the CRP program prior to the release of building permits 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, C and D 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 a[I 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 RECX16-0146 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) 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 15) 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 16) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program 17) 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 18) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 19) WELD COUNTY'S RIGHT TO FARM 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 RECX1 6-0146 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 one (1) electronic copy or one (1) paper copy 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 CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arcinfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a�co.weld.co.us. RECX16-0146 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 By Date 10/14/2016 Michael Hall, Planner I RECX1 6-0146 Page 6 of 6 Hello