HomeMy WebLinkAbout20220969.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION,
RECX17-0004, FOR REMOVAL OF LOT B - PEARL JOHNSON
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 February 22, 2017, the Department of Planning Services approved
Two -Lot Recorded Exemption, RECX17-0004, and
WHEREAS, the Board has received a request from the current property owner,
Pearl Johnson, 31495 County Road 10, Keenesburg, Colorado 80643, to vacate Lot B of
Recorded Exemption, RECX17-0004, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RECX17-0004; being
part of Section 8, Township 1 North, Range 63 West
of the 6th P.M., Weld County, Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property resulting from the vacation will be left without access to a public road
right-of-way.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
3. A shared easement was created on Lot B by the plat of RECX12-0085, with Lot A of
RECX12-0085. A new Easement Agreement shall be recorded prior to recording of
the vacation plat.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Pearl Johnson, for Partial Vacation of Two -Lot Recorded
Exemption, RECX17-0004, for removal of Lot B, be, and hereby is, approved, subject to the
following condition(s):
1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the
applicant shall submit an exemption vacation plat and deed to the Department of
Planning Services within ninety (90) days for review. Upon acceptance, the plat
shall be signed by the property owners and shall be submitted for recording, along
with the recording fee, to the Department of Planning Services. The vacation is in
effect the date of recordation of the land survey plat with the Weld County Clerk.
4817795 Pages: 1 of 2
04/11/2022 02:22 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
lIIIRIMS NIUMloll��i�Nl>�I I�+�hl� VIII
cc : PL.Cre/AS), APPL .,
APP.. REP.
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2022-0969
RECX17-0004
PARTIAL VACATION OF RECORDED EXEMPTION, RECX17-0004, FOR REMOVAL OF LOT
B - PEARL JOHNSON
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.
3. A new access and utility easement agreement shall be recorded to provide access
to Lot A of RECX12-0085.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of March, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, COLORADO
ATTEST: dsdr.4)
Weld County Clerk to the Board
BY:
t K. James, Chair
Mi;--= eman, Pro -T
APP: v�EDAS, •_ rx ..v,:,. �� i/
County orney
Date of signature: 3 /31 /22,
4817795 Pages: 2 of 2
04/11/2022 02:22 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
M DIP E. hliE 11111
teve Moreno
Lori Sai e
2022-0969
RECX17-0004
TO:
FROM:
SUBJECT:
HEARING DATE:
APPLICANT:
REPRESENTATIVE:
LEGAL DESCRIPTION:
LOCATION:
PARCEL NUMBER:
PARCEL SIZE:
ZONE DISTRICT:
NARRATIVE:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Angela Snyder, Planner II
Partial Vacation of Recorded Exemption 1477-08-4 RECX17-0004 to remove
Lot B.
TBD
Pearl Johnson, 31495 County Road 10, Keenesburg, CO 80643
Christine Curl, P.O. Box 499, Keenesburg, CO 80643
Lot B of Recorded Exemption RECX17-0004, being a part of Section 8, T1 N,
R63W of the 6th P.M., Weld County, Colorado
North of and adjacent to County Rd 10, west of and adjacent to County Rd 65
147708400028
± 104.86 acres
A (Agricultural)
The Department of Planning Services received the attached letter February 28,
2022, from the property owner requesting a partial vacation of the plat of
Recorded Exemption RECX17-0004, recorded April 6, 2017, reception
#4291941 to remove Lot B. Recorded Exemption RECX17-0004 was the fifth
recorded exemption on the property.
Seven smaller lots are associated with the original parent parcel: Lots A and B
of Corrected RE -2597, Lot A of Amended RE -4093, Lot B of 2nd Amended RE -
4093, Lot A of RE -5084, Lot A of RECX12-0086 and Lot A of RECX17-0004. All
property owners will be notified of the partial vacation request hearing.
A shared easement was created on Lot B by the plat of RECX12-0085 with Lot
A of RECX12-0085. A new easement agreement shall be recorded prior to the
recorded the vacation plat.
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 with the following condition:
1. Prior to recording the plat:
a. A new access and utility easement agreement shall be recorded to provide access to
Lot A of RECX12-0085.
Page 1 of 1
3/28
2022-0969
RECX17-0004
Vacation Request Letter
February 23, 2022
Re: Pearl H Johnson
Lot B of recorded exemption 1477-08-4 RECX17-0004
To Whom It May Concern,
Pearl H Johnson is requesting the vacation of Lot B as described above in order to utilize the
Land Survey division process to create 2 parcels: a 35 acre, and the remaining 69 acres will
encompass the home and barn
There is a mobile home on a well & septic, and a pole barn metal shop on the property.
County Road 65 borders the eastern side of the property, and is County- maintained.
County Road 10 borders the southern side of the parcel, and is County -maintained.
Sign d,
d .fir -Le...__
Pearl H Johnson
Owner
Vacation Plat of Lot B,
Recorded Exemption No. 1477—O8-4 RECX17-0004
PROPERTY DESCRIPTION 10 IRE VACATED
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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: March 28, 2022
TIME: 900am
APPLICANT:
Pearl Johnson
31495 County Road 10
Keenesburg, Colorado 80643
REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RECX17-0004, for Removal of
Lot B
LEGAL DESCRIPTION: Lot B of Recorded Exemption, RECX17-0004, being part of Section 8,
Township 1 North, Range 63 West of the 6th P M , Weld County, Colorado
LOCATION: North of and adjacent to County Road 10, west of and adjacent to County Road 65
(See Legal Description for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO ,
DATED March 10, 2022
co
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Owner
ALONZO AND GUADALUPE PEREZ AND ESTELA JAUREGUI
ROBERT AND KATHLEEN COCHRAN
ALFRED AND NADINE CRUZ
OSCAR AND DEBRA DELUNA
SHANE AND KRISTEN HERMAN
ANNE KATHLEEN JACKSON TRUST
PEARL JOHNSON
JAVIER AND GUADALUPE CHAVEZ
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX17-0004
Address
4401 COUNTY ROAD 65
4181 COUNTY ROAD 65
4185 COUNTY ROAD 65
4145 COUNTY ROAD 65
31797 COUNTY ROAD 10
1224 REED STREET
31495 COUNTY ROAD 10
31505 COUNTY ROAD 10
City
KEENSBURG
KEENESBURG
KEENESBURG
KEENESBURG
KEENSESBURG
LAKEWOOD
KEENESBURG
KEENESBURG
State
CO
CO
CO
CO
CO
CO
CO
CO
Zip
80643-8732
80643-8732
80643-8732
80643-8732
80643-8722
80214-4760
80643-8722
80643-8722
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld
County for Partial Vacation of Recorded Exemption, RECX17-0004, in the United States Mail, postage prepaid First Class Mail as listed
above.
Datedthe10th day of March, 2022.
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service''
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PS Form 3811, July 2020 PSN 7530-02-000-9053
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/1/2022
2:33:33 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Date
Signature
Property Owners Within 500 Feet of Parcel # 147708400028
Account
Parcel
Owner
Mailing
Address
R6780304
147708300024
POWERS
NICHOLAS
RAY
31385
COUNTY
ROAD
10
KEENESBURG,
CO 806438722
R8940118
147708300026
SHIREY
LINDA
L
R8940118
147708300026
SHIREY
JOSEPH
E
965 CORAL
ST
BROOMFIELD,
CO 800203528
R4723307
147708400007
JACKSON
ANN
KATHLEEN
TRUST
1224
REED
ST
t?1
t4
C ' El('
11-
2-1999
LAKEWOOD,
CO 802144760
t
R6778743
147708400009
CRUZ
NADINE
N
trot
Lo4-?
4nw4
flu.
4oq3
R6778743
147708400009
CRUZ
ALFRED
SAMUEL
4185
COUNTY
ROAD
65
.ctai-
LioR3
ZmdA
to
KEENESBURG,
CO 806438732
R6780298
147708400011
ALONZO
JOSE
GUADALUPE
PEREZ
�E-5b
4
r
LthA-
R6780298
147708400011
JAUREGUI
EG
U
I
ESTELA
ALONZO
e5(n4
-RE
Ltd-
A
R6780298
147708400011
PEREZ
J
GUADALUPE
PEREZ
R t r 5b 4
4401
COUNTY
ROAD
65
LO
4- A
KEENESBURG,
CO 806438732
Parcels: 23
Owner Records: 38
Page 2 of 6
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/1/2022
2:33:33 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Signature
1ZZ
Date
Property Owners Within 500 Feet of Parcel # 147708400028
Account
Parcel
Owner
Mailing
Address
R8615700
6
147708000009
HERMAN
KRISTEN
N
Ctw'r?tt
bojrh
Erenp4
,Z6-ZSR7
R8615700
147708000009
HERMAN
SHANE
J
31797
KEENESBURG,
COUNTY
ROAD
CO 806438722
10
Ctrrttc
Lo4-,4
&ap4
Z
E -
ZS
X17
R8615800
147708000010
(',pry'
RIO
EK,¢nce+
DE
LUNA
DEBRA
R
jZEZ54-]
R8615800
147708000010
DE
LUNA
OSCAR
4145
KEENESBURG,
COUNTY
ROAD
CO
65
806438732
Corr
►z�G
LO'f" 5
£X.eari-
z5
till
Z e
R8913800
147708000015
BAUMGARTNER
RICHARD
L
31256
KEENESBURG,
HIGHWAY
52
CO 806438705
R8967898
147708100002
HAVENGAR
FAMILY
TRUST
34449
KEENESBURG,
COUNTY
ROAD
CO 806438526
10
R2675704
147708100020
MOCHAL
JOSEPH
R2675704
147708100020
MOCHAL
TABITHA
4509
KEENESBURG,
COUNTY
ROAD
CO
65
806438732
R6780304
147708300024
POWERS
STACIE
L
Parcels: 23
Owner Records: 38
Page 1 of 6
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/1/2022
2:33:34 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
F flt
Signature
I
Date
Property Owners Within 500 Feet of Parcel # 147708400028
Account
Parcel
Owner
Mailing
Address
R6783123
147708400017
CHAVEZ
GUADALUPE
tW MC 'h ar p4-
ZaC)C
I Z - 0 D'25
La 4-- 74
R6783123
147708400017
,C f %4
CHAVEZ
+
na
JAVIER
C2CI7Z
"VOA
S
31505
COUNTY
ROAD
10
(gyp 4- A
KEENESBURG,
CO 806438722
R8948338
147708400027
COCHRAN
KATHLEEN
A
ZICX
frcbd4
1.04-
4
R8948338
147708400027
COCHRAN
ROBERT
L
4181
COUNTY
ROAD
65
ar-fcg
I
-T
-Oww4
Lb
ir P'
KEENESBURG,
CO 806438732
M0125403
147708400028
JOHNSON
PEARL
31495
COUNTY
ROAD
10
KEENESBURG,
CO 806438722
R8948339
147708400028
JOHNSON
PEARL
HELLENE
31495
COUNTY
ROAD
10
ri
laCrn-00044
Lo4-3
KEENESBURG,
CO 806438722
R8065299
147709000081
DETWILER
LORI
BETH
R8065299
147709000081
DETWILER
MATTHEW
RAY
4496 COUNTY
ROAD
65
KEENESBURG,
CO 806438731
R8967995
147709200002
HS
ETERNAL
LLC
4202 COUNTY
ROAD
65
KEENESBURG,
CO 806438731
Parcels: 23
Owner Records: 38
Page 3of6
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/1/2022
2:33:34 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and,the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 147708400028
C
kt a)cu 1.0( c
Signature
Ij?z.
Date
Account
Parcel
Owner
Mailing
Address
R4912407
147709300004
H
U WA
PATRICIA
A
R4912407
147709300004
HUWA
RICHARD
F
4202
KEENESBURG,
COUNTY
ROAD
CO
65
806438731
R3451805
147717100026
HINES
THERESA
L
R3451805
147717100026
HINES
GREGORY
J
31978
KEENESBURG,
COUNTY
ROAD
CO 806438743
10
R3451905
147717100027
GUSTAFSON
DEBRA
J
31278
KEENESBURG,
COUNTY
ROAD
CO 806438721
10
R3452005
147717100028
PEVLER
MOLLY
R3452005
147717100028
PEVLER
RICHARD
31502
KEENESBURG,
COUNTY
ROAD
CO 806438721
10
R8943950
147717100032
CONTRYMAN
LOWELL
T
16761
BRIGHTON,
HAVANA
CO
ST
806028743
R8943951
147717100033
LAWLEY
STACY
Parcels: 23
Owner Records: 38
Page 4 of 6
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/1/2022
2:33:34 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 147708400028
ilk .• et, ocrt f�
1 I 2 z
Signature
Date
Account
Parcel
Owner
Mailing
Address
R8943951
147717100033
LAWLEY
BRAD
25650
ALVO,
MCKELVIE
NE
68304
RD
R8953441
147717200048
RUUD
KARL
A
7 CORRAL
CALGARY
CANADA,
VIEW
AB
T3Z
3B7
Parcels: 23
Owner Records: 38 Page 5 of 6
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/1/2022
2:33:34 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
ittit alt. • ()OM tie»
Property Owners Within 500 Feet of Parcel # 147708400028
Parcels: 23
Owner Records: 38
Signature
Date
Page 6 of 6
Parcel
p /147708000009
147708000009
4 X147708000010
147708000010
(, -- 147708400007
/147708400009
3 /147708400009
47708400011
6
1
Property Address
31797 COUNTY ROAD 10 WELD
31797 COUNTY ROAD 10 WELD
4145 COUNTY ROAD 65 WELD
4145 COUNTY ROAD 65 WELD
4185 COUNTY ROAD 65
4185 COUNTY ROAD 65
4401 COUNTY ROAD 65 WELD
4401 COUNTY ROAD 65 WELD
4401 COUNTY ROAD 65 WELD
31505 COUNTY ROAD 10 WELD
31505 COUNTY ROAD 10 WELD
4181 COUNTY ROAD 65 WELD
4181 COUNTY ROAD 65 WELD
31495 COUNTY ROAD 10 WELD
31495 COUNTY ROAD 10
Owner
HERMAN SHANE J
HERMAN KRISTEN N
DE LUNA OSCAR
DE LUNA DEBRA R
JACKSON ANN KATHLEEN TRUST
CRUZ ALFRED SAMUEL
CRUZ NADINE N
ALONZO JOSE GUADALUPE PEREZ
JAUREGUI ESTELA ALONZO
PEREZ J GUADALUPE PEREZ
CHAVEZ JAVIER
CHAVEZ GUADALUPE
COCHRAN ROBERT L
COCHRAN KATHLEEN A
JOHNSON PEARL
JOHNSON PEARL HELLENE
Mail Address 1
31797 COUNTY ROAD 10
4145 COUNTY ROAD 65
1224 REED ST
4185 COUNTY ROAD 65
4401 COUNTY ROAD 65
31505 COUNTY ROAD 10
4181 COUNTY ROAD 65
31495 COUNTY ROAD 10
31495 COUNTY ROAD 10
Mail City
KEENESBURG
KEENESBURG
LAKEWOOD
KEENESBURG
KEENESBURG
KEENESBURG
KEENESBURG
KEENESBURG
KEENESBURG
ST Mail Zipcode
CO 806438722
CO 806438732
CO 802144760
CO 806438732
CO 806438732
CO 806438722
CO 806438732
CO 806438722
CO 806438722
PLAT VACATION APPICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FQR PLANNING DEPARTMENT LJ,$Ei DATE RECEIVED:
PLANNER ASSIGNED:
PLAT INFORMATION
ti Title of plat to be vacated: V�/�.e4Wl-:fU�Y1I�i414-� j`I 7 7-0g- 9 hcyi?ewjs � T R, 4314/
■
Complete Vacation (must include all lots)%artial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number
Acre
Ft,
1117-Dge
(1-00.-- Oleg
Mr, g4t
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: TetAig-i- jOitto o IU
Company:
Phone #: •?io3 ill i p Email: vt (eA
Street Address: 31 tfir CiA 10
City/State/Zip Code: .eP.Co gin tt z�
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: C lv 2
Company: (1AD Lo (2 0•" t E-av-a r ?azctnQ5 jtt_Vitt •
Phone #: .303 , Sq L(, '2, te Email: turd tim,t.,:trffse 06 • Ce- t
Street Address; re) "e5 to tstetti
City/State/Zip Code: K e a l i e9 0) a v I to• SI) go if 5
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.
iJyA3 t2
Signature: Owner or Authc*ized Agent Date Signature: Owner or Authorized Agent Date
r)
/ 1 jle
Print: Owner or Authorized Agent
Print: Owner or Authorized Agent
7/20/2021
DEPARTMENT OF PLANNING AND BUILDING
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS
AND SERVICES
I, (We), .v112 -j Joit,jtvtJ
(Owner - please print)
give permission to 14-12441 age/ L.-
_
(Applicant/Agent - please print)
to apply for any Planning, Building or Health Department permits or services on our behalf, for the property
located at:
Loy7ef (ti-ri-,�Y-4 beY 17-0t70�
1'
Legal Description: of Section 1 Township 6
Range
( N, 3 w
Subdivision Name: Lot Block
Property Owners Information:
Phone: -3C 2) ' .] (O ` I27- E-mail: A 4
Applicant/Agent Contact Information:
Phone: 3 to , stte 3 1/4t4P ca
E -Mail, &ttr/ CbLuu4i'e CS , Cwvt
Email correspondence to be sent to: Owner Applicant/Agent
Postal service correspondence to be sent to: (choose only one) Owner _EL Applicant/Agent jai_
Additional Info:
Owner Signature:
Owner Signature:
J
Date: 3 L2
Date:
3974853 Pages 1 of 1
10/31/2013 12 12 PM R Fee $22 00 D Fee $0 00
Steve Moreno, Clerk and Recorder Weld CountyCO
wi ®I III
(WM' CLAM D
THIS DEED, made this �e,. S PIO /3 fby
f/e//e3 ie. n. 0 77
Grunter, fir Shin consideration of Ten Da= and Other Good end Valuable Caa tion a*m
in hand paid, hereby sells and quitclsaas to
2c2 N/ lie //ter, e. h r, 5 a i,
'Op
Grantee, hallai final whose stems address is 3/ lQ,S— kLle / / G f, p,a_. /6 City of
1' "Res b It yG/ County of t l a /e/ State of C1'.4/er a/t1 _ , the following real property ie
the .J/ , County of I., 1A /pi , and State of Colorado, to wit
Se - 3
also known as street and mamber ,.3 / -41l
TOGETHER with all its ap anc .
J
State of C (""?c
County of LJa
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(Th The foregoing instrument was acknowledged before ale this day of g 3 Q ktCeS 0Qb 1 S ,
by 4Q ajr\ �-A1C1 x 1
Witness my hand and official seal.
My oorrmrission expires off, o
ST€RNA IE FLORENCE HUDOUSTON
ST_NOTARY
TE OFCOLORADO
NOTARY ID 20124059965
My Commission Expo Sept,. 20, 2018
When recorded retina to•
Ore *'..A
Public
3/4' yS £./',/i
'eenes6toy' , ea, $.1
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Planner:
Michael
Hall
Pearl
H.
Johnson
1
RECX17-0004
Legal
Description:
Lot
P.M.,
B of
Weld
RECX12-0100;
County,
CO
being a
part of
the
SE4 of
Section
8, Ti
N,
R63W of
the
6th
Parcel
ID
#:
1477-08-4-00-018
Lot
A Size:
+/- 11
acres
Lot
B Size:
+/- 105
acres
Water
Source:
Lot
Lot
A:
B:
Proposed
Well
# 289347
Well
Sewer System:
Lot
Lot
A: Proposed
B: Septic
#
SP
Septic
-1300184
Criteria Checklist
Yes No
X 1 Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Onsite Wastewater Treatment System regulations.
2 The applicant has proposed a well as the source of adequate water for Lot A. Property owners are
advised that the quantity of water available for usage may be limited to specific uses, i.e.,
"Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services
encourages property owners to contact the Office of the State Engineer, Division of Water
Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to
discuss each individual situation.
RECX17-0004
Page 1 of 6
3 Prior to recording the plat
A The applicant shall attempt to address the requirements (concerns) of the Colorado Division
of Water Resources, as stated in the referral response dated 02/07/2017 Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services
B The applicant shall attempt to address the requirements (concerns) of the Henrylyn Irrigation
District, as stated in the referral response dated 01/24/2017 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services
C The applicant shall address the requirements of Weld County School District RE -3J, as
stated in the referral response dated 01/13/2017 Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services
D Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by
Section 24-8-40 L of the Weld County Code Net acreage calculations should not include
future road right-of-way
E Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by
Section 24-8-10 B of the Weld County Code Net acreage calculations should not include
future road right-of-way
F Lot 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
G 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
4 Items to be included on the plat
A The plat shall be titled Recorded Exemption No 1477-08-04 RECX17-0004
B A 30 foot wide joint access and utility easement extending across Lots A and B from County
Road 65, for the benefit of Lots A and B, 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 Show the 40 foot wide joint access and utility easement extending across proposed Lot B of
RECX17-0004 from County Road 10, for the benefit of proposed Lot B of RECX17-0004 and
Lot A of RECX12-0085, per Amended Corrected Recorded Exemption AM RE -4093,
reception # 3463974.
D All approved accesses shall be clearly shown on the plat and labeled with the approved
access permit number (AP17-00071) 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 65 is a paved 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
RECX17-0004
Page 2 of 6
F County Road 10 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
G 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
H All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number
5 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 is not eligible for a future land exemption in accordance with Section 24-8-
20 C 1 of the Weld County Code
4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net unless approved by the Weld County Board of Commissioners in accordance with
Section 24-8-40 P of the Weld County Code
5) 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
6) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A has an adequate water supply of
sufficient quality, quantity and dependability
7) Potential purchasers should be aware that Lot A may not be eligible for a domestic
well permit which allows for outside irrigation and/or the watering of stock animals
The State Division of Water Resources issues all well permits
8) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically thereafter
RECX17-0004
Page 3 of 6
9) 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
10) The property owner shall control noxious weeds on the site
11) The historical flow patterns and runoff amounts will be maintained on the site
12) Recorded Exemptions on adjacent properties may raise the issue of compliance with
the intent of the Recorded Exemption Process Approval of this Recorded Exemption
does not guarantee approval of future applications on adjacent properties
13) 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
14) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program
15) 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
16) Potential Purchasers are hereby notified that a custom seeding business is permitted
by MUSR14-0015, per reception # 4062985, and is located northeast of the proposed
Recorded Exemption Specifically, south and adjacent to State Highway 52 and east
and adjacent to County Road 65 Off -site impacts that may be encountered include
noise and dust from trucks, tractors and equipment and other industry -related activities
17) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel,
oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits are essential to
the State's economy, (b) the populous counties of the state face a critical shortage of
such deposits, and (c) such deposits should be extracted according to a rational plan,
calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this
development Often times, mineral resource sites are fixed to their geographical and
geophysical locations Moreover, these resources are protected property rights and
mineral owners should be afforded the opportunity to extract the mineral resource
18) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in
the country in total market value of agricultural products sold The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture
Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract
urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever
RECX17-0004
Page 4 of 6,
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
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 an electronic copy (PDF) of the plat for preliminary
approval to the Department of Planning Services Upon approval of the plat, the applicant shall
submit a Mylar plat along with all other documentation required as conditions of approval The
Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of
Planning Services The Mylar plat and additional requirements shall be recorded within sixty (60)
days from the date the administrative review was signed The applicant shall be responsible for
paying the recording fee
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
RECX17-0004
Page 5 of 6
8 The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption Acceptable format is a projected ESRI shapefile (shp, shx, dbf, prj)
with a defined coordinate system (i e , NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet) etc) This digital file may be sent to
maps@co weld co us
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 Date 2/22/2017
Michael Hall, Planner I
RECX17-0004
Page 6 of 6
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