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Home My WebLink About20220382.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RECX16-0016 - PARC CORNICHE, LLC, C/O AARON EVERITT 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 April 13, 2016, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX16-0016, and WHEREAS, the Board has received a request from the current property owner, Parc Corniche, LLC, c/o Aaron Everitt, 2809 East Harmony Road, Suite 310, Fort Collins, Colorado, 80528, to vacate Lot B of Recorded Exemption, RECX16-0016, located on the following described real estate, to wit: Lots B of Recorded Exemption, RECX16-0016; being part of Section 18, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property 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 Parc Corniche, LLC, c/o Aaron Everitt, for Partial Vacation of Two -Lot Recorded Exemption, RECX16-0016, for removal of Lot B, 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. 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. 4799523 Pages: 1 of 2 02/03/2022 01:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill I rj11lull cc:PL(TP/DA), APPL.•, APPL. ReP aAG1 2022-0382 RECX16-0016 PARTIAL VACATION OF RECORDED EXEMPTION, RECX16-0016 - PARC CORNICHE, LLC, C/O AARON EVERITT PAGE 2 2. As described in Section 24-11-50.G of the Weld County Code, the applicant shall provide proof that any easement holders' interests have been satisfied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of January, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: G •aC.�to%� c K. James, Chair \A ..LJ l'.......1.. nl....l. 1., 4L... l ..,....J 4799523 Pages: 2 of 2 02/03/2022 01:33 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO mill I�F��l'1� I iffi ll I MPINi��1111 ild 1I II 2022-0382 RECX16-0016 'V' 1861 DEPARTMENT OF PLANNING SERVICES c 0 U IN T Y MEMORANDUM TO: Weld County Board of County Commissioners FROM: Diana Aungst, Planner II SUBJECT: Vacation of Lot B of Recorded Exemption 0805-18-03 RECX16-0016 HEARING DATE: January 24, 2022 APPLICANT/OWNER: Parc Corniche, LLC c/o Aaron Everitt REPRESENTATIVE: Bluestar Capital Advisors c/o Shana Morgan 1298 Main Street, UnitA#4263 #4263 Windsor, CO 80550 LEGAL Lot B of Recorded Exemption RECX16-0016, being a part of Section 18, T6N, DESCRIPTION: R66W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to CR 25 and approximately 0.25 miles north of Highway 392 PARCEL SIZE: +/- 82.08 acres PARCEL NUMBER: 0805-18-3-00-013 ZONE DISTRICT: A (Agricultural) NARRATIVE: On December 29, 2021 the Department of Planning Services received the attached vacation request letter signed by Ms. Shana Morgan. The letter is requesting a partial vacation of the plat of Recorded Exemption RECX16-0016, recorded July 13, 2016, reception #4218736 to vacate Lot B, being the largest lot. There are no easements affected by this partial vacation. The resulting parcel will be larger than thirty-five (35) acres. Lot A is owned by Richard and Carmen Strait. Lots A and B have separate access points and both access points are off of CR 25. 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. The Department of Planning Services staff has reviewed this request and recommends that this request be approved. 2022-0382 Page 1 of 1 0 /Z� ReCX lt� - OOl to O B. C, A, December 29, 2021 Weld County Planning Services 1555 N. 17`h Ave. Greeley, CO 80631 Re: Request for Partial Vacation — Lot B RECX16-0016 To Whom It May Concern: This letter serves as our request for the Vacation of Lot B of Recorded Exemption No. 0805-18-03 RECX16-0016, on behalf of Parc Corniche, LLC. Lot B is -82 acres and does not have any improvements located on the property. The purpose of the Vacation is to allow for the ability to subdivide into two —35 acre parcels. There are no known easements or rights -of -way that would be impacted by the Vacation. We appreciate your review of our request and accompanying documents. Sincerely, Shana L. Morgan President smorgriibluestaradvisors.biz (970) 371-4489 Bluestar Capital Advisors SMorgan Bluestaradvisors.biz 1 (970) 371.4489 January 24, 2022 RECX16-0016 Vacation of Lot B Vicinity map w i'r 4d. OR NI SITE •L CC . NICHWIY .3 ql. 1Y1n�.�. +A TA lt �1 1z ti. { -- r I, p a w ; I 11IL +�M I � r tl a Lot B of RECX16-0016 SITE RE -2370 LOTA _CXi9 O1 LOTA NI 1991 Lot B is greater than 35 acres; it is approximately 82 acres. LOTS Rl1;i6Oia IW F:'I L4 RA ff #TH 9m PLASTIC CAP n�F1�P 61T'Cii IL O TA 5.a 97ACRES(GRLFSS) R1dIT ,,f V �� 5J70 ACRES i Z aanas m. N. inn AIL .?d`%l PARV „F aw s c. {1iAg5 DF DEAL ) NffnU ,49' 291,oG' LLEOW u1a7.7C;'49"E 7695.58' LOTS ' N'1.3 97 A ORES ( '$ECJKI4 1$. r..SN., iLsex FWit 2 1/f ALYJMINUM CAP ON A MO. B REJLM L.S. 2:5519. 20W CL OF E1d51TNG PPrLR'E EAWW MT IS 35.4 IN 1Y1f1TFF AND 21.0 1p 27.4D rRpu EA 1 PfYI ERTY I. t( AS DES1 1i9ED Iµ RECE -9 PN N0, 19Y915t 50' I cHT CF WAY PER CENTF-LNE CFF ", CP.341c.. 4$ PAGE SL IHHr„A-TDN DtTGH APRIL 37, I@!s7 (I• Sioa1C RIGHTS MA1' APPLY) 1 IERLWE -. .(HISTCWYC TG4S SAY APPLY) 1 III i �1 FrJ k F � I f I - O T i C PfWXP Vr yl MiSEIBA Y z ��III IRFOC 4n Ian ti I 151}` Oft/ A5 h I I"" TJWi{ BAT IU 1phti D I s=Ta ucic 291h 55 t 9'+5'_' '� * C NTEFt-SC JTli CIE-9%'TEEim ,flr . Ct5Nf3t{TIfY. iB. T.%h. R.rw X72 I r 1?` FAT PIA1AE11R FI)JN0 Y AL111l1LIM CAP .. _.�_.__ F 1ANK BJ4111_fiY' ON A MO. 5 RE$MR, 'SUTFHNS tspa. T.GFL, 1i,b&&7L A-ww—z2c . 3 y -'� 4.TS. 246. 191 1 I rr ain ri a.''.wti.. r.a rAY]TA FARi7 - — -- NI 27 I I � LOTS W AAfi W?7 7TAPARP 1.o I p5 C3 I.ua END OF PARTIAL VACATION FOR RECX16-0016 It e�. ♦ i A v su" I i' AP21-00370 _ p t� • a- _ C ,r P. •I F T 0 ft •1 4218736 07/13/2016 Carly Koppss 1111 frPjI) ,owes: 1 of 1 04:36 P11 I 1+ Fee :$,111.00 Cler der. Weld County, cc II 11111 RffC0_1?DffDffXffff1PTI0iVX0.. 02?0a5�12?Aw03RffCX1&01?1i600 PROPERTY DESCRIPTION Lots A and B, Recorded Exemption No. 0805-18-3 RECX15-0039 recorded September 23, 2015 at Reception No. 4144657 of the Records of Weld County, situate in the North Half of the Southwest Quarter of Section Eighteen (18), Township Six North (T.6N.), Range Sixty—six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. Excepting therefrom that portion of said Lot A being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 18 and assuming the North line of the Southwest Quarter of said Section 18 as bearing North 87'26'49" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2911.00; THENCE North 87'26'49" East along said North line a distance of 215.42 feet; THENCE South 29'56'30" West departing said North line a distance of 26.46 feet; THENCE South 5219'01" West a distance of 84.76 feet; THENCE South 5622'52" West a distance of 124.85 feet to the Easterly Right of Way line of Weld County Road 25; THENCE South 5251'15" West a distance of 37.43 feet to the West line of the Southwest Quarter of Section 18; THENCE North DO'24'33" West along said West line a distance of 156.88 feet to the POINT OF BEGINNING. Said described parcel of land contains 87.276 Acres, more or less W. PROPERTY OWNER'S CERTIFICATE We, the undersigned, being the sole owner(s) in fee of the above described property, do hereby subdivide the same as shown on the attached map. We, understand this property is located in the Agriculture zone district and is also intended to provide areas for the conduct of other uses by right, accessory uses and uses by special review. _______ AVtht4zkTsr Kevin King Debra King K vin King, of King Farms LLC NOTARIAL CERTIFICATE STATE OF wY3kck ) ,t - 1 ss COUNTY OF tt�lBGlfcI The foregoing Instrument was acknowledged before me this 5�'` day of , 20 bykietLr as Witness my hcnd and official seal. (SEAL) aMy commission expires sue,. t 1 )iL) Notary Public ., .r, This plot is accepted and q/[iroved y the Department of Planning Services for filing Director, Department of Planning Services NOTARIAL CERTIFICATE STATE OF C0107&0 ) ��//,,/ ss COUNTY OF (Iy L[f/�- ) The foregoing Instrument was acknowledged before me this 10V day of , 20''''/ Witness my hand and official seal. (SEAL) My commission expires b' �] "NOTARY UBLIC Notary Public STAll OP COLORADO NOTARY ID 20124034827 MY COMMISSION EXPIRES JUNE .5, 2020 SURVEYOR'S STATEMENT 1, Ronnie L. Edwards, a Licensed Professional Land Surveyor In the State of Colorado, do hereby certify that the survey represented by this plot was made under my personal supervision, and that this plot is an accurate representation thereof. I further certify that this plot complies with all applicable rules, regulations and laws of the State of Colorado, State Board of Registration for Professional Engineers and Profess i9Pgd Surveyors, and Weld County. Ronnie L. Edwards — On Beh,klny..srh Colorado Licensed Professional 4( LAtfO Land Surveyor #38480 BASIS OF BEARINGS AND LINEAL UNIT DEFINITION Assuming the North line of the Southwest Quarter of Section 18, T.6N., R.66W., as bearing North 87'26'49" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2911.00 feet with all other bearings contained herein relative thereto. The lineal dimensions as contained herein are based upon the "U.S. Survey Foot." NOTICE According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) TITLE COMMITMENT NOTE For all Information regarding easements, rights —of —way and title of records, King Surveyors relied upon Title Commitment Number FCC25132O64, dated June 3, 2015 as prepared by Land Title Guarantee Company to delineate the aforesaid information. Being a Replat of Lots A and B, Recorded Exemption No. 0805-18-3 RECX1 5-0039, Situate in the North Half of the Southwest Quarter of Section 18, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado WEST QUARTER CORNER I SECTION 18, T.6N., R.66W. I FOUND 3 1/4" ALUMINUM CAP ON A 2 3/8" PIPE, L.S. 20685, 1991 \1 hO ACCESS PERMIT NO. AP16-00072 LOTB RECX/6-6W7 I 30.02' FOUND #4 REBAR WITH RED PLASTIC CAP ILLEGIBLE IRRIGATION 4 DITCH 559.14' 185.40' / LOTA 5.197 ACRES (GROSS) LO7'B AMRE--2877 (NOTA PART) FOUND #4 REBAR WITH YELLOW PLASTIC CAP (BASIS OF BEARINGS) N87'26'49"E 2911.00 ILLEGIBLE N87.26'49'E 2695.58' 998.79' '-6763' �S \ \1 5.070 ACRES (NET) �s \ \ 'as : \ \ nI '1 I ]4 1 \ LOT B LB 82.079 ACRES (GROSS) 30' ° \ 81.397 ACRES (NET) I I j 60' RIGHT OF WAY PER CENTERLINE OF \ 4 BOOK 48 PAGE 50 IRRIGATION DITCH APRIL 27, 1887 (HISTORIC RIGHTS MAY APPLY) \ \ 1 \ I� \ (�0 I : \ CENTERLINE OF \ \ Ilg 1 IRRIGATION PiPE (HISTORIC RIGHTS MAY APPLY) \ \ 3 I \ p Z I� 1 1 3 I APPROXIMATE CL OF 10" PVC IRRIGATION LINE Sv o �1 z I I 1 r -I 200' OIL/GAS / I N TANK BATTERY I / I SETBACK / I \ 914.55' ACCESS PERMIT NO. AP16-00072 I SOUTH ONE -SIXTEENTH CORNER PERIMETER OF I SECTIONS 13/18, T.6N., R.67&66W. OIL AND GAS I I FOUND 2" ALUMINUM CAP EQUIPMENT I ON A NO. 5 REBAR, L.S. 20685, 1991 I PERIMETER OF I TANK BATTERY SITE SOUTHWEST CORNER SECTION 18, T.6N., R.66W. FOUND 2 1/2" ALUMINUM CAP ON #6 REBAR, LS 12374, 1999 NOTES FROM THE COUNTY 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 twenty —five—foot radius of any plugged or abandoned oil and gas well. Any construction within a two —hundred —foot radius of any tank battery or one —hundred —fifty —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) The purpose of this amendment is to adjust the boundaries between Lots A and B of RECX15-0039 now known as Lots A and B of RECX16-0016. 4) Lot A Is not eligible for a future land exemption In accordance with Section 24-8-20.C.1 of the Weld County Code. 5) 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. 6) 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. 7) Prior to the release of building permits, the applicant shall submit evidence to the Deportment of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 8) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 9) The historical flow patterns and runoff amounts will be maintained on the site. 10) 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. 11) Building Permits Issued on the proposed lots will be required to adhere to the fee structure of the County —Wide Road Impact Fee Program. 12) 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. 150' OIL/GAS WELL SETBACK -- — \ 1000.00' S87"06' 26'W ® 2914.55' LOTB AMRE-825 N� (NOTA PART) CENTER QUARTER CORNER i SECTION 18, T.6N., R.66W. FOUND 2 1/2" ALUMINUM CAP ON A NO. 6 REBAR, L.S. 25619, 2001 1070.02' ` 27' 21' CL OF EXISTING PIPELINE EASEMENT IS 35.0 IN WIDTH AND 21.0 TO 27.0 FROM EAST i II PROPERTY LINE AS DESCRIBED IN RECEPTION NO. 1929151 0 M II wLOTB AMRF,--2877 (NOTA PART) i 0 I N I0 III IIi 200' OIL/GAS TANK BATTERY I SETBACK - -• I / \t I / \ I 1000.00' �-- 4 � I I II II ' CENTER -SOUTH ONE -SIXTEENTH I 12' FOOT DIAMETER CORNER SECTION 18, T.6N., R.66W. i1 TANK BATTERY FOUND 2" ALUMINUM CAP ON A NO. 5 REBAR, L.S. 20685, 1991 4 ii I Ii ik I ., L NOTES FROM THE COUNTY 13) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and grovel, oil, natural gas, and cool. 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. 14) 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 ore 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 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 When moving to the County, property owners and residents must realize they cannot development. P P Y 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. "M _ People are exposed to different hazards in the County than in an urban or suburban" settle I±, equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps anal, center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm: dogs, awl-:•, 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. • • .. 200 100 0 200 400 600 SCALE IN FEET SCALE: 1"=200' LEGEND - - - - - EASEMENT LiNE - - - SECTION LINE - - - - - RIGHT-OF-WAY LINE PROPERTY LINE FOUND ALIQUOT CORNER AS DESCRIBED . FOUND MONUMENT AS DESCRIBED FOUND #4 REBAR WITH ♦ BLUE PLASTIC CAP LS 38469 SET 24" OF #4 REBAR WITH A • YELLOW PLASTIC CAP STAMPED KS, LS 38480 0 CALCULATED POSITION .0, EXISTING ACCESS POINT LINE TABLE LINE BEARING LENGTH L1 N52'51'15"E 37.43' L2 N56'22'52"E 124.85' L3 N52'19'01 "E 84.76' L4 N29'56'30"E 26.46' L5 S4850'57"E 182.50' L6 S71'05'36"W 247.00' L7 S51'52'19W 262.50' L8 88935'27"W 468.69' Weld County Rd 72 Weld County Rd 70 Weld County Rd 70 a W x 0 V O V 6 B � Sly' State Highway 392 VICINITY MAP SCALE 1"=2000' DATE: 5/16/2016 FILE NAME: RECX16-0016 SCALE: 1"=200 DRAWN BY: CSK CHECKED BY: RLE O 00 a� t. J c';$ o� sr% w � � V J � f + H � 0 H v 00 W � I. O a � 01 IIdJI I I iJ in I. - z Id O 0 U) O O } U � Z O W a_ O uJ = W w o≤ 0 o N (0 LO LU zE 0 0 �"- (o (n 5 U z LIJ w (, X W z L+J W N') w Y Q 0 0 u, w WQ it 00 J 0 LU O W Oo Z 04 PROJECT #: 2015454 ii SHEET 1 OF 1 VACATION OF LOT B RECX16-OO16 SITUATE IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO R()PhRI'Y I)FSC RIP1 ION!O F F .*( Al hl)) '))t gcc,rn H mrniny s nlsh lffi_Ifmvh w �oM1r In oN snYu:h\L], 1'1W' nn,wnr, n„Nr[rnr Iju ttrn ¢'nY n,d n,rrn.�nw„x Fnuv10)rnw'enr.vn'_n-.hr 9nwhn�: r.uh hon'.y.:un of" ,,IA,-NI1.(1011 IN 1,71"f ( N h t O 1111k I N"IF Fi 5 ln,,. n'ue„tt nY ln_.�1 Y I, fl,r IN)INI' 111 Hh 11INIj PR()PhRI'Y f )M' RRV ['FR'I'I I lL .T I h:I I'ARL' L'()RN I['N h I.IA') I )' k t n: "1, hf' rIy,nflI±kflrISly h 1 hnrn. h r"1Sn.,nn nrl: rttn... in ,hr LrsY.onY\ hL'w .—Ilh, NOIA RIAI [ HR'1'IFIL AI'h SII ) tl".,nns' Iny Henn e.nn f)IMr'r�,5n... sly mnmr..v.v'.nn rn l,:�rs': H4 1 f)t HHAR I\L ANI)I NHAl-II IIIFIN I'1 R)\ A 1\ 1 t l '< I, H r t l 1 ?It H, 1' f II,,R f f \ f tl f11 I h.1 4 V '1' ,i 1 144 nI Srl"es ,12) r ¢rh nnrI r4nn,h n'r nt,N,¢rtr 'Inwn hnrn, N 1(n L '. R 1 2 21L) AA. son ',nLnr nun,nrn , ,hrrnwnrnfl f'G „'v r.n, It.h',' 11., WEST auagiEq Ixarvw (no, A� AP Ri) 1FClICN IB, T6N., R.66W. POINT OF BEGINNI z./e'NPE III W.Y264gE i]459� PG NT OF CONpEH N CAP T � saa'so'5z"E 1 az R=°po a w1 r Sao P 'ry N51 2l E 282.50 Q I 'l— hY OR',s ['h R'I'I FIL :4Th Lnitl r[nn', M, 5n,r Hn, Hnt l�u,'�/I't�ll'nY n h,,, ,m n, hl nrr„n,e I.e,n u „hN hL nw„y nn r,tim Pnmti 1 .,n 5w,rfn o-�aae SECTION 16. T.6N.CR.66W. FOUN9 N9. 6 R — 1N1H— LOT9 2 1. PLIN 1C LPP. .iT A PA VNPL4ITED STRNPm LS 25619, 2961 (NOT R PART) PN: C50518D0IT0 NBT�)s � 6EA�IWfS) (NOT A PRRT) aa">axne-rr,a4ulr I p✓.PTRav n LOT;I za.w •Tcx,.�c�aK�i (NOT A NAN>) III VACATED PARCEL LOT B. RECXI6—OD15 VACATED ON I I BY RESDLUTIDN p_— III I OF THE BOARD OF COUNTY CDMM1351ONERS OF YIELD COUNTY M I � ` 111 I �EC�%19lING OICH ` .RTsv�r� �YiSIEJ III [nrs (NOT A P;�n II l ITF c NOT A PAT) LEGEND ■ PL45TIC CAP GLSN360605 Gw — 'A.. xT uxE OFOUND ,y'4 REBAR HITH BWE grnpxiuNEY uN P-111 GAP LS 36064 ♦ FOUND #RCAP AR g 9 BU E — — A F9 Nndy pEBAR �T5RED LSLS ZO UN LAP. 2068 1991 rz ttvt�ae - 9 VI CIN ITV MAP 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: January 24, 2022 TIME: 9:00 a.m. APPLICANT: Parc Corniche, LLC c/o Aaron Everitt 2809 East Harmony Road, Suite 310 Fort Collins, Colorado 80528 REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RECX16-0016, for Removal of Lot B LEGAL DESCRIPTION: Lot B of Recorded Exemption, RECX16-0016; being part of Section 18, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado LOCATION: East of and adjacent to County Road 25; approximately 0.25 miles north of State Highway 392 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January 13, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX16-0016 Owner Address PARC CORNICHE, LLC C/O 2809 EAST HARMONY ROAD, AARON EVERITT SUITE 310 RICHARD AND CARMEN STRAIT 33430 COUNTY ROAD 25 City State Zip FORT COLLINS CO 80528 GREELEY CO 80631-9326 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, RECX16-0016, in the United States Mail, postage prepaid First Class Mail as listed above. r -a • ru JiW -t.flit'zi syprnDIliibltD1ipVi}IIt.1IIt!,TL1.j1IOtaY4Wa! art FFCAL 1 N Certified Mail Fee -E $ J3 Extra Services & Fees (check box, add fee as appropriate) ED ❑ Return Receipt (hardcopy) $ 0 ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ 0 ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ rR 0 N to ru rU Lr) Q - E3 0 0 ri N rR SentTogt) �/''� n i she, , - ,rlitDrl txtra 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 $ Dated the 13th day of January, 2022. -`,ultk . tAJkU .cz. 1L Janet M. Warwick Deputy Clerk to the Board • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Tart Corn i che,) L1 C, -1&q t , i-1aafrwDA9 3rD Fo►'�C�lI�n5 CO gp5g IIIII! lilt III IIIIIIIIIIIIIIIII I lift II II 9590 9402 5390 9189 01 72 53 • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addnessed to. Cn n a 4- 334 3p p 1LY it -Toot d 25 ©/,p31-Q3ZL( A. Signature ®'Agent X ✓��' i ❑ Addressee B. ec¢ive�by (P ed Game) C. Date ofA livery LL Vf D. Is delivery address different from Rem 1? O Ygs— If YES, enter delivery address below: Q410 3. Service Type ❑ Priority Mail Express@ ❑ Adult Signature 0 Registered MallTM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricts O'Certified Mail@ Delivery ❑ Certified Mail Restricted Delivery 0 Return Receipt for ❑ Collect on Delivery Merchandise A. Signature ■ •• D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 0 Priority Mail Express@ Fees it 1111111 III I III I Ililllllllllll II I III II III ❑ Quft Signature tied Mail@ Restricted Delivery 0 Registered eeg ered Mail Restricts Certified 9590 9402 5390 9189 0172 60 ❑ Certified Mail Restricted DeUvery ❑ Retum Receipt for W `7.f ----------- �� ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 0 Signature Confirmationm _ n 2. Article Number (Transfer from service label) Ali 0 Signature Confirmation t 6ZQl r --------- --- _7017 1'45U 0000 9 6 7 5 22'48 vlail Restricted Delivery Restricted Delivery ■rte*� no r,...,., 4t2i I it d., ant g nom c�n_nosnn_onry Dnmestir. Return Receipt 1/4/22, 3 46 PM Weld County PROPERTY PORTAL Property Report Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R8946693 January 4, 2022 Account Information Account Parcel Space Account Tax Buildings Actual Assessed Type Year Value Value R8946693 080518300012 Agricultural 2021 3 587,611 47,670 Legal PT N2SW4 18666 LOT A REC EXEMPT RECX16-0016 Subdivision Block Lot Land Economic Area SEVERANCE RURAL Property Address Property ity Zip Section Township Range 33430 COUNTY WELD 18 06 66 ROAD 25 Owner(s) Account Owner Name Address R8946693 STRAIT 33430 COUNTY ROAD 25 GREELEY, CO RICHARD L 806319326 R8946693 STRAIT CARMEN R Map https //propertyreport co weld co us/'account=R8946693 1/2 1/4/22, 3:46 PM Property Report Maxar, Microsoft I Weld County Government Powered by Esri Get additional detail with the Map Search. Copyright © 2022 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R8946693 2/2 PLAT VACATION APPICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: ASSIGNED: PLAT INFORMATION RECX16-0016 Title of plat to be vacated_ S 18 T 6 R 66 0Complete Vacation (must include all lots) El Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number Acreage Affected Easements B 080518300013 82.079 PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: f, , Company: Parc Corniche, LLC Phone #: W-567-1 Email: aeveritt@thegroupinc.com Street Address: 2809 E. Harmony Rd., Ste. 310 City/State/Zip Code: Fort Collins, CO 80528 APPLICANTIAUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Shana Morgan Company: Bluestar Capital Advisors Phone #: 970-371-4489 Email: smorgan@bluestaradvisors.biz Street Address: 1298 Main St., Unit A #4263 City/State/Zip Code: Windsor, CO 80550 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. Signature: Owner or Auth ed Agent Da a /i Si g Signature: g ature: Owner or Authorized Agent Date 104°r R Print: Owner or Authorize Agent Print: Owner or Authorized Agent 7/20/2021 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM Parc Corniche, LLC Bluestar CapitalAdvisors I, (We), , give permission to (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: 080518300013 Legal Description: Part of N2SW4 Subdivision Name: 18 6 66 of Section , Township N, Range W Property Owners Information: 2809 E Harmony Road, Ste. 310, Fort Collins, CO 80528 Address: Lot Block Phone: 970-567-1924 E-mail: aeveritt@thegroupinc.com Authorized Agent/Applicant Contact Information: 1298 Main St., Unit A., #4263, Windsor, CO 80550 Address: 970-371-4489 smorga n@bluestaradvisors, biz Phone: E -Mail: Correspondence to be sent to: Owner -a Authorized Agent/Applicant by: MailEl Email,l Additional Info: Owner Signature: Owner Signature: Date: Date: Colorado Secretary of State ID#:20211231160 Document #: 20211231160 Filed on: 03/0512021 0438:52 PM Paid: $50.00 Articles of Organization for a Limited Liability Company filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) The domestic entity name of the limited liability company is Pare Corniche Development LLC The principal office street address is 2809 E I-Iarmony Rd Suite 310 Fort Collins CO 80528 US The principal office mailing address is 2809 E Harmony Rd Suite 310 Fort Col li 'is CO 80528 US The name of the registered agent is Aaron Everitt The registered agent's street address is 2809 E Harmony Rd Suite 310 Fort Collins CO 80528 US The registered agent's mailing address is 2809 E Harmony Rd Suite 310 Fort Collins CO 80528 US The person above has agreed to be appointed as the registered agent for this limited liability company. The management of the limited liability company is vested in Managers There is at least one member of the limited liability company. Persons) forming the limited liability company Aaron Everitt 280911 Harmony Rd Suite 310 Fort Collins CO 80528 US Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, CR.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Aaon Everitt 2809 E Harmony Rd Suite 310 Fort Collins CO 80528 US Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 06/16/2018 01:18 PM ID Number: 20181476762 Document number: 20181476762 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Bluestar Capital Advisors, LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company ", "ltd. liability company ", "limited liability co. ", "lid. liability co. ", "limited", "l.l.c. ", "llc", or "lid. ". See §7-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address 1298 Main Street Unit A, Ste. 4263 (Street number and name) Windsor CO 80550 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) Mailing address 1298 Main Street Unit A, Ste. 4263 (leave blank if same as street address) (Street number and name or Post Office Box information) Windsor CO 80550 (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) Morgan Shana Lyn (Last) (First) (Middle) (Suffix) or (if an entity) (Caution: Do not provide both an individual and an entity name.) Street address 1298 Main Street Unit A, Ste. 4263 (Street number and name) Windsor Co 80550 (City) (State) (ZIP Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) ARTORG LLC Page 1 of 3 Rev. 12/01/2012 CO (City) (State) (ZIP Code) e following statement is adopted by marking the box.) The person appointed as registered agent has consented to being so appointed. 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) Morgan (Last) or (if an entity) (Caution: Do not provide both an individual and an entity name.) Shana Lyn (First) (Middle) (Suffix) Mailing address 1298 Main Street Unit A, Ste. 4263 (Street number and name or Post Office Box information) Windsor (City) (Province — if applicable) CO 80550 (State) (ZIP/Postal Code) United States (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) one or more managers. or © the members. 6. (The following statement is adopted by marking the box.) © There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) © This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORG_LLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Morgan Shana Lyn (Last) (First) (Middle) (Suffix) 1298 Main Street Unit A, Ste. 4263 (Street number and name or Post Office Box information) Windsor CO 80550 (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 12/01/2012 BlueStar Capital Advisors, LLC Additional forming member: Christian R. Morgan 1298 Main Street Unit A, Ste. 4263 cmorgan@bluestaradvisors.biz Diana Aungst From: Melissa King Sent: Thursday, December 30, 2021 4:00 PM To: Diana Aungst; Dawn Anderson; Mike McRoberts Subject: RE: Vacation Application - RECX16-0016 Special Regwrerry eats or C omnients Diana This is from the Access Permit — it seems as if Lot B has a different access from Lot A — therefore, no easements were granted for access during the RECX process. 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, December 30, 20213:10 PM To: Dawn Anderson <dranderson@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Melissa King <mking@weldgov.com> Subject: FW: Vacation Application - RECX16-0016 Hi all We've received an application request to Vacation Lot B of RECX1 6-0016. Please let me know if you see any access issues. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 0: 970-400-6100 Fax:970-304-6498 daungst(c.weldgov. com www. weldgov. corn 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: Shana Morgan <smorgan@bluestaradvisors.biz> Sent: Thursday, December 30, 2021 10:47 AM To: Diana Aungst <daungst@weldgov.com> Cc: Aaron Everitt <aeveritt@thegroupinc.com> Subject: Vacation Application - RECX16-0016 Cautton:;This email originated from outside of Weld County, Government. Do not click links or open attachments unless you recognize the sender and know the convent is safe. Hello Diana - As a follow up to the hard copy that was delivered this morning, please find attached the electronic version of the draft plat. Kind regards, ►WIF a Shana L. Morgan Bluestar Capital Advisors, LLC smorgan@bluestaradvisors.biz 970.371.4489 0) 4718121 Pages: I of 1 0512412021 11:29 AH R F..:$13 00 D Fes;$37.50 Carly Koppaa, Clark and Recorder, laid County , CO Billiii��I#twll'�'I ' 11111 PqState Documentary Fee T& Date: March 03, 2021 wwwei, r+ .x. .60 Spacial Warranty Deed (Purauarrt to C.R.S. ere -30.113(1)(b)) Grantor(s), TAILHOLT LAND & WATER INVESTMENTS, INC., A COLORADO CORPORATION, whose street address is 2809 E HARMONY ROAD, STE 310, City or Town of FORT OOLUNB, County of LARIMER and State of COLORADO , for the consideration of ($575,000.00) "'Five Hundred Seventy Five Thousand and 001100 "' dollars, In hand paid, hereby sell(s) and convey(s) to PARC CORNICHE LLC, A COLORADO UMITED LIABILITY COMPANY , whose street address Is 2809 E HARMONY ROAD, STE 310, FT COLLINS, CO 80628, City or Town of FT COLLINS, County of Lorimer and State of Colorado, the following real property in the County of Weld and State of Colorado, to wit: LOT B, RECORDED EXEMPTION NO. 0806-18.08 RECXt6-0018, RECORDED JULY 13,2018 AT RECEPTION NO. 4210136, BEING PART OF THE N 1/2 OF THE SW 114 OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6Th P.M., COUNTY OF WELD, STATE OF COLORADO THE PROPERTY SHALL NOT INCLUDE, AND SELLER WILL EXCEPT AND RESERVE AT CLOSING, ALL RIGHTS, TITLE, AND INTEREST OF SELLER, IF ANY, IN AND TO ALL OIL„ GAB, AND OTHER MINERALS AND MINERAL RIGHTS, (OTHER THAN SAND AND GRAVEL OR OTHER SURFACE MINED MINERALS OR MATERIALS) LOCATED IN, ON, OR UNDER THE SURFACE OF THE PROPERTY."' TRANSFER TO INCLUDE 1 SHARE OF THE ROULLARD LATERAL COMPANY DITCH AND/OR RUNNING RIGHTS" also known by street and number as: TBD COUNTY ROAD 26, GREELEY, CO 80631 with all its appurtenances and warrants) the title to the same against all persons claiming under me(us), subject to Statutory Exceptions. Signed this day of March 3, 2021. TAILHOLT LAND & WATER INVESTMENT INC., A COLORADO C PORATI N By: STANLEY Ic. EVERITr, PRESIDE State of Colorado County of LARIMER The foregoing instrument was acknowledged before me on this day of n.rG�11 Q3 j , ( by STANLEY IL EVERITT AS PRESIDENT OF'rAILHOLT LAND & WATER INVESTMENTS, INC., A COLORADOCOPOFLATION Witness my hand and offk;lal sea] My Commission expires: otaN Public ANINON N DEDECKER NOTARY PUl9LIC STATE OF COLORADO NOTARY ID 20054033710 MY COMMISSION EXPIRES AUGUST 26, 2021 When recorded return to: TAILHOLT LAND & WATER INVESTMENTS, INC, A COLORADO CORPORATION 280E E HARMONY ROAD. STE 310, FT COLLINS, CO 80828 Form 1090 closing/deedslstalutorylswd_statutory.html (100118081) 10 April 13th, 2016 DEPARTMENT OF PLANNING SERVICES 1555 North 17th Ave GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: rreddick@weldgov.com PHONE (970) 353-6100, EXT. 3527 FAX (970) 304-6498 King Farms, LLC and Kevin & Deborah King 21401 Friendly Bay Lane Nevis, MN 56467 Subject: Recorded Exemption (RECX16-0016) Dear Kevin & Deborah, The Department of Planning Services' has reviewed your application and related materials for compliancy 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. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit one (1) paper copy of your plat or one (1) electronic copy 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) 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 added for each additional 3 month period. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Ryder Reddick Planner I 1124 RECX16-0016 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Kevin & Deborah King & King Farms LLC RECX16-0016 Planner: Ryder Reddick Legal Description: Lot A & Lot B of RECX1 5-0039; being a part of the SW4 of Section 18, T6N, R66W of the 6th P.M., Weld County, CO Parcel ID's #: 0805-18-3-00-005 & 0805-18-3-00-006 Lot A Size Before: +l- 4.8 acres Lot B Size Before: +l- 82.9 acres Lot B Size After: +l- 5.0 acres Lot B Size After +l- 82.5 acres Water Source Before & After: Lot A: NWCWD Tap #2118 Lot B: Proposed NWCWD Tap Sewer System Before & After: Lot A: Septic Permit #G-91 0138 Lot B: Proposed Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district X 4. Consistent with efficient and orderly development. X 5. 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. Summary This Amended Recorded Exemption is being done prior to, but also in conjunction with Amended Recorded Exemption RECX16-0017 and is being done to adjust the lot lines between Lots A & B of RECX15-0039 while also removing a portion of lot A that will then be added to Lot B of RECX16-0017 formally known as Lot B of RE -4626 concurrently with this amendment. 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 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. RECX1 6-0016 Page 1 of 5 94 ri 5. Prior to recording the plat: A. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road 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 B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8- 40.P. of the Weld County Code. Net acreage calculations should not include future road 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. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0805-18-03 RECX16-0016. B. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00072). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. C. County Road 25 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. If the existing right of way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. D. 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. E. 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 twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one - hundred -fifty -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. RECX16-0016 Page 2 of 5 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) The purpose of this amendment is to adjust the boundaries between Lots A and B of RECX15-0039 now known as Lots A and B of RECX16-0016. 4) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 5) 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. 6) 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. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 8) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 9) The historical flow patterns and runoff amounts will be maintained on the site. 10) 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 29-3-20B.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. 11) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 12) 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. 13) 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. RECX16-0016 Page 3 of 5 14) 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 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. RECX16-0016 Page 4 of 5 6. 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. 7. 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. 8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable GAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo 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 ma s(co.weld.cows. 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. By: r_� « Date: 4/13/2016 yder Reddick RECX16-0016 Page 5 of 5 Hello