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Home My WebLink About20222259.tiffCORRECTED RESOLUTION (Corrected as to Legal Description) RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX20-0088, FOR REMOVAL OF LOT D - DONALD AND JEANETTE MAGNUSON 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 September 10, 2020, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX20-0088, and WHEREAS, the Board has received a request from the current property owner, Donald and Jeanette Magnuson, 19495 County Road 72, Eaton, Colorado 80615, represented by Scott Ducommun, Alles, Taylor and Duke, LLC, 3610 35th Avenue, Unit 6, Evans, Colorado 80620, to vacate Lot D of Recorded Exemption, RECX20-0088, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX20-0088; being part of the NW1/4 of Section 3, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 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 Donald and Jeanette Magnuson, for Partial Vacation of Four -Lot Recorded Exemption, RECX20-0088, for removal of Lot D, be, and hereby is, approved, subject to the following condition(s): 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder 4859200 Pages: 1 of 2 Cc: PL(TP/MN%APPL., 10/04/2022 01:00 PM R Fee:$0.00 f1PPL REP. Carly Kopp., Clerk and Recorder, Wald County , CO Ili lit NO F III loA I /22 2022-2259 RECX20-0088 PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX20-0088, FOR REMOVAL OF LOT D - DONALD AND JEANETTE MAGNUSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditko •X,Gto•� Weld County Clerk to the Board County ey Date of signature: 1/21/22. 4859200 Paws: 2 of 2 10/04/2022 01:00 PM R F.4 1,0.00 Carly Koppaa, Clerk and Reoorder, Weld County , CO u nn t t K. James, Chair 2022-2259 RECX20-0088 RESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX20-0088, FOR REMOVAL OF LOT D - DONALD AND JEANETTE MAGNUSON 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 September 10, 2020, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX20-0088, and WHEREAS, the Board has received a request from the current property owner, Donald and Jeanette Magnuson, 19495 County Road 72, Eaton, Colorado 80615, represented by Scott Ducommun, Alles, Taylor and Duke, LLC, 3610 35th Avenue, Unit 6, Evans, Colorado 80620, to vacate Lot D of Recorded Exemption, RECX20-0088, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX20-0088; being part of the NW1/4 of Section 3, Township 8 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 will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 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 Donald and Jeanette Magnuson, for Partial Vacation of Four -Lot Recorded Exemption, RECX20-0088, for removal of Lot D, be, and hereby is, approved, subject to the following condition(s): 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. 4849258 Pages: 1 of 2 08/17/2022 01:09 PM R F.e:$0.00 Carly Koppss, Clark and Recorder, Weld County , CO Nertiddlil JlI II CC : PLO-1'4QJ t APPL., APPl REP. o/3a/22 2022-2259 RECX20-0088 PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX20-0088, FOR REMOVAL OF LOT D - DONALD AND JEANETTE MAGNUSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: ddtA,A) Weld County Clerk to the Board C • unty Attorney Date of signature: 4849258 Pages: 2 of 2 08/17/2022 01:09 PM R Fee:$0.00 Carly KOPPaa, Clark and Raoordar, Wald County , CO 11111 Scott K. James, Chair Mi :;eman, Pro-Te 2022-2259 RECX20-0088 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Maxwell Nader, Planner Subject: Partial Vacation of RECX20-0088 Hearing Date: August 3rd, 2022 Owners: Donald O. and Jeanette R. Magnuson Representative: Alles Taylor & Duke, LLC do Scott Ducommun Legal Description: Lot D Recorded Exemption RECX20-0088; being a part of the NW4 of Section 3, T8N, R65W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 43; approximately 0.50 miles north of County Road 96 Parcel Number: 0551-03-2-00-012 Total Parcel Size: +1- 128.86 acres Zone District: A (Agricultural) Summary: Donald O. and Jeanette R. Magnuson requests to vacate Lot D, being the largest lot of Four -Lot Recorded Exemption RECX20-0088, recorded February 17, 2021, reception #4683702. This partial vacation of Lot D of RE -2386 would result in an approximately 128 acre unplatted parcel. Lot A, B and C of RECX20-0088 are not a part of this action. No access easements are impacted by this request. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10.A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50.A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50.6 of the Weld County Code, allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. g13 2022-2259 Vacation of RECX20-0088 I Donald O. and Jeanette R. Magnuson Rte,X Zd "-COw g Page 1 of 2 Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Vacation of RECX20-0088 I Donald O. and Jeanette R. Magnuson Page 2 of 2 27 May, 2022 Dear Department of Planning Services: I am writing this Vacation Request Letter to request that Lot D of Recorded Exemption No. 0551-03-1 RECX20-0088 as located in the Northwest of Section 3, Township 8 North, Range 65 West of the 6' Principal Meridian, County of Weld, State of Colorado. The purpose of this request is to vacate ONLY Lot D of RECX20-0088 and to finally split the vacated Lot D into three (3) 35+ acre lots by Plat of Survey per Colorado State Statutes. The existing 25' joint access water well easement will remain as recorded at Reception No. 466571, dated the 30 of December, 2020 and shown on the plat for RECX20-0088. Respectfully Submitted, Date: S-0) 7-02 Donald Magnuson /k -t/) G.A.- Date: -C-•.2 -7 • a 5,. Jeanette Magnuson iAw.r�riusuiw:v`ea�:r',��n►vuw�a nn RECORDED EXEMPTION NO. O551 -O3-1 RECX20-0088 LOCATED IN PART OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO COVNtt xD I^ N er « erry eN e m vmec4�e I«r r mwwrw kw,w°In.°°'"il tia �Npna el- w nne. • a•nninw el •blwtx wwalcwnry cwe, M• ww.w la �Il,ry (ISo) II..I alxamleR ew"qa en a en..nnb Ir.•^naw.w (300) Inl •I am Iwl Mn•,y, .nbn w• a wn M1-INe (23) Iwl el em WPo•tl w oMwenw wl w�bnCwnM BeerO"el °Commi°ia'tllan•n In ermeraonc• nirler °5•clbn 2t-a-'i-IM •i IM) w b c unNa• o nw ey IM O.P. • awh Cae•.°°' B) r xinp unmmnbinw wnh Mnl-of-.er. 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NUMTII.INL'UF'11aTNINI'111WI:T'r 1/�UF 4l:.__ -._I� i__• In: ~. Mcm lcuNl aCEND v [n5[u[xf5 l I - ca.vu xo O Z O � 2SZ O$�jO 9¢� u DD VACATION OF LOT D OF RECORDED EXEMPTION NO. 0551-03-1 RECX20-0088 LOCATED IN PART OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO 4 VICINITY YAP Ossl Ib..wsr Ac'[6w. .. lelnt I (FormDlly Nnown es Lol D of RacorERD Exemptlen No. 0551-03-1 REC%ZO-0088) foe aM Pnmiwl uerblebn.<Ceunry w was T•re a Ce:emJe ene<JMIB mmrin pankuhrryenecA4etl ec Igk...w « el in B[LINxING el fM NMn.nl (uw.) 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Nf1I(S' K<ORD[D [•5[uLNi5 •xp RIG RO.OVCwCR3 U OBIT •xt" Iroib R xx oerpa[R. n[ e e r MroRN•rroN SNewN NL oN R[ Izr[D IN rNL wLLp cpuxrt PRCPM[0 BY CDuuOxwC•LrN RUxD rIRC+INSUR•NC[ CD •rI1' Wr[0 9xlnr-s:--cRo-[w. xo OrNCR [•sncNr B 9DJnoco •xD No u[ IN�x[ CWRS[ D r�� SURNCYo Na ro: SOu[RUx DtI[S WY [ P1AC[D . unu LWr[s u[ R[ NN[N I nuuwc �w[ La•rrox or IxL r. ee reln, pro pone eR ...q�m.nl. In..wf B, •b.e.n to � tr.. •-Hoer .un awi.bn.. •-.M...un IM.eb. eM p eM eR o..q�men• M..wf a Ime...l. ,n..b . n i� iD30" r eenrvin euflklenl Infermefbn fs aele.mlm leevt en, ,Mrelere le ne, eM.n. PROPCRIY OWNCRS' C(RJIFICAI( wep. r. a. n.r.er Iw•I•Iryl •e<el. In. pw„gew.a i bM.e" pen upnuwn ler ana en wMlf of egeeun,ry e•e<a2KNNUR[) Slane e1 Csbrves ) IvrepNp n111ene .m mkw. eepee Mferem,e terevnM wlwe 202, 9OARQ Of COVNTT COMS115510N(R- APPROYAI vU=ION p w q m of Ceunry c mm•ebnen sf Mne county, Srab vt Cele,pw. wllneu mr vne eM me cwpepfe ewrel Web Cwnfr e CNUR, BMRD Or CWxrt <OuulSSrox[RS •rtesn wn cwnry cIM le rn. 9ww Deputy CI... BDertl Deb SURVEYOR'S SI•IEUENi ap�. ^m�w� . .f c•.I.,we a ..."lpe w pb of ICebwtle.pSbn 9wrtl v1 p wrbnror Pw1n bm�[prnwn �MkPnlunsml bb su ry eM weltl t. Ducemmf ne L.�. n el one 30xM0ef f lee �arbr • puYe, lLt wrc S 0 a � m O Q Z U Q O N Q J T 9 ^ W � VACATION OF LOT D OF RECORDED EXEMPTION NO. 0551-03-1 RECX20-0088 LOCATED IN PART OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO ;NGL UNRSp L i[M[NI eclew� bnl unx.. (Su,nyor• IM) • = l.."sTd:l wsMziroicous. w _. _ _ _ ..,n . sccl -®-. scc*rox coeNCR .s ocsc•leco -_ _ _ _ � •o. $ SRVCVOR'5 CERTIFIC�iF .e H ,n. Nail .vw.l.b .nN e N epgkaele Mn ,pubN�i„�� Mw Sloe eltltebnaM� slen BeeN"e lMpbtnibn io. r,ei �bne [ripie.... ew rreb..bnel leis Su eCe,., e,w •.w [eunry. seen o„w,n,n�n. u. no.i o�icxe. m::-oeo 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: August 3, 2022 TIME: 9:00 a.m. APPLICANT: Donald and Jeanette Magnuson 19495 County Road 72 Eaton, Colorado 80615 REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX20-0088, for Removal of Lot D LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX20-0088; being part of the NW1/4 of Section 3, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 43; approximately 0.5 miles north of County Road 96 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 22, 2022 ru co >r 1 cr- ter, C� Ui 1 N ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX20-0088 Owner KATIE HAGOOD EDUARDO LOPEZ ANTHONY AND KARA GARCIA DONALD AND JEAN ETTE MAGNUSON Address 1438 HOVER ST, APT 2 400 HICKORY ST, LOT 20 21035 COUNTY ROAD 96 19495 COUNTY ROAD 72 City State Zip LONGMONT CO FORT COLLINS CO PIERCE CO 80501-2431 80524-1159 80650-9600 EATON CO 80615-8922 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RECX20-0088, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 22nd day of July, 2022. Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information,visit our website at www.usps.com®. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ t Postmark Here PS Form 303:0, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions C t7� en Q) oDmt < Q O ❑ ❑ 4 O ci X rn Z ❑❑ Ts .o -- 76 2 v) w 4-i 2 C -a tea) to Q) -o -o s- w,a; a C � ca 'D q. B Received by (Printed Name) 2 U C C O O 0 C3 2 F. cc E E Q F. — '- '- :,_. 4 .4-5 22 CJ o 1 7 2 2 2 2 2 o u) cm0 cs o yo)— (ll No 2.'o o.cccraancocc DOD ❑❑ o ) V > "Zr) 0) v Tc, U13 1.73 a) aN cc 0 0 N O 0 0®�≥ ≥ N i� s l e3 'c3 0 a 'c� A. -- CC22CC'cc Urncs)-3-3 o C n • id]tn a) a> ,, e~is C) a cri ❑ ❑ ❑❑C sn, w O O 92 sal +-a O -� 4- ,W ,_, O • =1 En w 2 U U - av si c �' 4) +a CCI CS 11-7 as C o o .04.- .= 4.- E cD U C E- c O O:. 'i' O +: s.. O -CL to act Article Addressed to: e V rt ESIMEIMW r.n per,-_. -k.�rr�.ca- Domestic Return Receipt co ru 1 CI ru ru >o co m ru as S rR ru ru a `-- ipkA Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) Return Receipt (hardcopy) $ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery • Adult Signature Required Adult Signature Restricted Delivery $ Postage Total Postage and Fees x No PS Form 3800, April 2015 PSN 7530-02-000-9047 U.S.- Postal Service CERTIFIED MAIL'° RECEIP Domes*_' Mail Only SENDER: COMPLETE THIS SECTION ■ 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. Article Addressed to: I fet.Y40 et, at Itn5 I s (-7/ d 0 r R611 II 10 9590 9402 6749 1 074 1 344 64 2. Article Number (Transfer from service label) 7022 0410 ❑❑❑3 2374 1875 COMPLETE THIS SECTION ON DELIVERY ,4k,r; ,,,x, A. Signature X c2 ❑ Agent O Addressee Co Date yf Delivery 06-(i3/Ze; D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ,g6ertified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ail ail Restricted Delivery ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restrictec Delivery Cl Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 9 For deliay information, visit our w I sde at ww Certified Mail Fee P. <V. Extra Services & Fees (check box, add fee as appropriate) Return Receipt (hardcopy) $ Return Receipt (electronic) Certified Mail Restricted Delivery Li Adult Signature Required $ Adult Signature Restricted Delivery $ H ru ru d I Postage Total Postage and Fees $ $ A SENDER: COMPLETE THIS SECTION IS Complete items., 2, and 3. ■ Print your name and address on the reverse so tha&iv,0 Can return the card to you. ■ Attabh this card to the back of the mailpiece, 07 or on the front if space permits. US Postal ServiceTM CERTIFIED:. MAIL® RECE Domestic Mail Only A. Signature Article Addressed to: pric,9 111111111 iiii iii i ii ii ii ii i 111111111111111111 9590 9402 6749 1074 1344 71 c. Domestic Return Receipt 3 Oa) COMPLETE THIS. SECTION ON DELIVERY B. Received by (Printed Name) ❑ Agent ressee C. D to Delivery S u1aDr- D. Is delivery address different from item 1? If YES, enter delivery address below: ❑ Yes ❑ No 2. Article Number (Transfer from service Iahrll 7022 0410 0003 2374 1882 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ertified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery El Collect on Delivery Restricted Delivery lail tail Restricted Delivery ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restrictec Delivery ❑ Signature ConfirmationM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 SENDER: COMPLETE THIS SECTION For deliveryinformation, visit our we , jtte at Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) 1 Certified Mail Restricted Delivery $ Adult Signature Required $ Adult Signature Restricted Delivery $ u '"', er .- ■ 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. Article Addressed to: tit bit 6 y if 1 F r�N V L 10144) e.x 1 ), - Lcer e. occf271 1111111111111111111111111111111111111111111111 9590 9402 6749 1074 1344 88 2. Article Number (Transfer fr©m service IAhPIl 7022 0410 0003 23714 1899 Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY A. Signature X ® Agent ►fressee B. eceived by (Printed Name) C. Date of Delivery I-4 1-- 2:7 D. Is deliveil address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery iCertified Mail® ❑ Certified Mail Restricted Delivery El Collect on Delivery ❑ Collect on Delivery Restricted Delivery Mail Mail Restricted Delivery ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/6/2022 9:31:05 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 055103200012 M ) - .Ito ri 1 Signature Z„, Date Account Parcel Owner Mailing Address R0375086 045734000007 PETERSHEIM JODIANN R0375086 045734000007 PETERSHEIM CHRISTIAN 20651 PIERCE, COUNTY CO 806509600 ROAD 96 R8967501 055103100001 AGCOUNTRY REVOCABLE TRUST 19495 EATON, COUNTY CO 806158922 ROAD 72 R8967502 055103100002 AGCOUNTRY REVOCABLE TRUST 19495 EATON, COUNTY CO 806158922 ROAD 72 R8971061 055103200009 r --� Co "i HAGOOD KATIE CYLIA 1438 LONGMONT, HOVER APT 805012431 2 ST CO R8971062 055103200010 .. 3 LOPEZ EDUARDO 400 FORT HICKORY COLLINS, ST LOT 20 CO 805241159 88971063 055103200011 , et- ‘, GARCIA KARA N R8971063 055103200011 GARCIA ANTHONY J 21035 PIERCE, COUNTY CO 806509600 ROAD 96 R8971064 055103200012 A " - I) MAGNUSON U S O N JEANETTE ETTE R Parcels: 13 Owner Records: 18 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/6/2022 9:31:05 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. A Signature 1 Date Property Owners Within 500 Feet of Parcel # 055103200012 Account Parcel Owner Mailing Address R8971064 055103200012 .tLo+ ,,.. MAGNUSON DONALD O 19495 EATON, COUNTY CO 806158922 ROAD 72 R8967497 055103300005 AGCOUNTRY REVOCABLE TRUST 19495 EATON, COUNTY CO 806158922 ROAD 72 R8967498 055103300006 AGCOUNTRY REVOCABLE TRUST 19495 EATON, COUNTY CO 806158922 ROAD 72 R8967499 055103400007 AGCOUNTRY REVOCABLE TRUST 19495 EATON, COUNTY CO ROAD 72 806158922 R0607986 055104000003 NORDHAUSEN SOPHIE ETAL CIO PO WAUNETA, BOX KAREN ETA, 321 CHRISTNER NE 690450321 R4422406 055104400007 MCCLAIN REBECCA LYNN R4422406 055104400007 MCCLAIN DAVID MICHAEL 47369 PIERCE, COUNTY CO ROAD 43 806508901 R8951876 055104400022 PETERSHEIM JODIANN E R8951876 055104400022 PETERSHEIM CHRISTIAN S 20651 PIERCE, COUNTY CO 806509600 ROAD 96 Parcels: 13 Owner Records: 18 Page 2of3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/6/2022 9:31:05 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 055103200012 Parcels: 13 Owner Records: 18 Signature j Date 4:': 4Th 4 Page 3of3 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be vacated: Recorded Exemption No. RECX20-0088 S 3 T 8 R 65 ['Complete 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 Easem D 055103200012 128.8 The existing easement shall remain as recorded and platted. PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Donald and Jeanette Magnuson Company: Phone #: 970-381-2571 Email: don.magnuson@hotmail.com Street Address: 19495 Weld County Road No. 72 City/State/Zip Code: Eaton, Colorado 80615 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Scott Ducommun Company: Alles, Taylor and Duke, LLC Phone #: 970-330-0308 Email: alles_taylor_duke@yahoo.com Street Address: 3610 35th Ave, Unit 6 City/State/Zip Code: Evans, Colorado 80620 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization 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 Donald Magnuson r$IZCCgel! orized Agent Print: Owner or Authorized Agent 5-27-2022 Date Signature: Owne Scott Ducommun Authorized Agent Print: Owner or Authorized Agent 7/20/2021 I, (We), Donald and Jeanette Magnuson (Owner — please print) DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17Th AVENUE GREELEY, CO 80631 AUTHORIZATION FORM give permission 10 Scott Ducommun (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 055103200012 Legal Description: Lot D of Section 3 , Township 8 N, Range 65 W Subdivision Name: Recorded Exemption No. 0551-03-1 RECX20-0088 Lot D Block Property Owners Information: Address: 19495 Weld County Road No. 72 Eaton, Colorado 80615 Phone: 970-381-2571 E-mail: don.magnuson@hotmail.com Authorized Agent/Applicant Contact Information: Address: 3610 35th Ave, Unit 6 Evans, Colorado 80620 Phone: 970-330-0308 E -Mail: alles_taylor_duke@yahoo.com Correspondence to be sent to: Owner _lL Authorized Agent/Applicant a by: Mail Email Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Art414' Owner Signature l/ Date -5517 \ . f;."`7 /2 41/-J Date 56? 7. 14 Owner Signature Subscribed and sworn to before me this crlib day of May My commission expires ltll. 1 tal-S , 20 22 by Notary Public DEANNA WAKKINEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031289 MY COMMISSION EXPIRES 07-2&2025 4051539 10/06/2014 12:57 PM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $46.05 Steve Moreno - Clerk and Recorder, Weld County, CO WARRANTY DEED THIS DEED, made this 1. day of OCTOBER, 2014, havoc= KESA LLC, A COLORADO LIId7TED LIABILITY COMPANY of the Cotmty of WELD and State of COLORADO grantop(e), and DONALD O. MAGNUSON AND JEANETTE R. MAGNUSON whose legal address is 19495 WCR 72, EATON, CO 80615 of the County of WELD and State of COLORADO, grantees: as Joint Tenants WITNESS. that the grantor(,), for and in consideration of the sum of FOUR HUNDRED EIGHTY THOUSAND FIVE HUNDRED AND 00/101 DOLLARS (480,500.00), the receipt and sufficiency of which is hereby acknowledged, has grunted, bargained, sold end conveyed, and by these presents dome grant, bergtdn, eell, convey and confirm unto the grantees, their helm and assigns 0 never, , all the real proputy, together with improvements, if any, situate, lying and being in the County of WORD end State of COLORADO, dosenbed as follows: ALL OF SBCITON 3. TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE METH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF CCOLOBADO, also known by eeeoet and member as: TED WELD COUNTY ROAD 43/96, NUNN, CO 80648 TOGETHER with all end singular the hereditementa end appurtenances therotmto belonging or in anywise appertaining, and the rene,el o end reversions, remainder and remainders, rents, issues tad profits thereof; end all the estate, right, title, intend, claim end demand whatsoever of the grantor(,), either in law or equity, at in and to the above bwgeinod premises, with the heseditamenos and eppurte noses; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs end assigns forever. The grantor(s), for himself, his heirs, end personal repre eneedvee, does covenant, great, bargain and agree to and with the grurrtoes, their heir. and assigns, this at the time of the caseating and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, In Tea simple, and has good right, trill power end lawful aathc isy to great, bargain, sell and convey the some in manner and form se aforesaid, and that the same are tree and clear from all fernier end attar gratin, bargain , Sale., lien, uses, eesenenents, encumbrance. and restrictions of whatever kind or nature sooner, except general taxes for the earnest year and ssbeegoeet year, and except easements, covenants, renditions, restrictlseo reservations, and rights of way of record, tf ray. The gremtor(e) .ball and will WARRANT AND FOREVER DEFEND the above -bargained premise. in the quiet and peaceable possession of the greatees, their hells end assigns, egehust all end every person or persons /see// fly claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all ganders. IN WIINgS$ WHEREOF, the grantortree executed this deed on the date set forth above. A COLORADO LOJW17'ED LIABILITY COMPANY F. OHOULTZ,"]lEMBER/MANAGER S. MATZNB>$MEMBER/MANAGER Sate of COLORADO ) County Of LARDOER The foregotngtsetrtmmeat wastelmowledged before me.thle October 1, 2014, by SAMUEL F. SHOULTZ ANT) ICEiN1,113TH E. MAT2NERAS MEMBBRS_/MANAOERS FOR KESA LLC, A COLORADO LIMITED LIABILITY COMPANY My Commission KRISTA IdANS ' rtoess ray hand and officialseal NOTARY PUBUC STATE OP COLORADO NOTARY 10 20914006142 1616 COIAttII>TsbM 017 Notary Public Doe Fee: 548.05 Beyer• vaew.rdteg Athos Ter Recorded doeoaets h 1901 Wse 72.1.47O3.1, CO 80618 -151.73134, CI DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: mnader@weldgov.com Phone: (970) 400-3527 Fax: (970) 304-6498 September 10, 2020 Donald O. & Jeanette R. Magnuson 19495 CR 72 Eaton, CO 80615 Subject: Recorded Exemption RECX20-0088 Parcel ID #: 0551-03-0-00-012 Dear Mr. and Mrs. Magnuson, The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval of the draft plat please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional pages are $10 each. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50 recording continuance charge shall be added for each additional 3 -month period. Please contact me with any questions. Regards, // / Lr Maxwell Nader, Planner RECX20-0088 Page 1 of 7 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Donald O. & Jeanette R. Magnuson I RECX20-0088 I Planner: Maxwell Nader Legal Description: Being the N2 of Section 3, T8N, R65W of the 6th P.M., Weld County, CO Parcel ID #: 0551-03-0-00-012 Lot A Size: +1- 3 acres Lot B Size: +/- 3 acres Lot C Size: +1- 3 acres Lot D Size: +/- 150 acres Water Source: Lot A: Proposed Well Lot B: Proposed Well Lot C. Proposed Well Lot D: Proposed Well Sewer System: Lot A: Proposed Septic Lot B: Proposed Septic Lot C: Proposed Septic Lot D: Proposed Septic Yes No X X X Criteria Checklist 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. If residences or structures requiring water and sewer are constructed or used for the proposed lots, Weld County On -site Wastewater Treatment System (OWTS) Permits are required for septic systems and shall be installed according to the Weld County OWTS Regulations. 2. The applicant has proposed a well as the source of adequate water all lots. 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. RECX20-0088 Page 2 of 7 3. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 4. Prior to recording the plat: A. The applicant shall address the concerns of the Public Works Referral, dated July 31, 2020 relating to the proposed Lot A, B, C, and D access locations. B. The applicant shall record two Quit Claim Deeds separating the +/- 300 acre parent parcel into two separate parcels. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall satisfy the concerns of Weld County School District RE -9, as stated in the referral response dated August 7, 2020 per Section 24-8-40.K.1 of the Weld County Code. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.6 of the Weld County Code. Net acreage calculations should not include future road right-of-way. F. Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0551-03-1 RECX20-0088 B. County Road 96 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right- of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. C. South of the intersection with County Road 96, County Road 43 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. D. North of the intersection of County Road 96, County Road 43 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of- way from Lots A, B, C, and D to and including the connection to CR 96. Reference the documents creating the right-of-way. All setbacks shall be measured from the edge of right- RECX20-0088 Page 3of7 of -way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right -of - Way as "CR 43 Section Line Right-of-way, not County Maintained." E. Show and label the proposed access point for Lots A, B, C, and D onto County Road 96 and the usage types (Agricultural, Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the plat submittal. F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-70.E of the Weld County Code. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 6. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No occupied building or structure shall be constructed within two -hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 6) The Access will be utilizing unmaintained County right-of-way. Maintenance of the unmaintained County right-of-way will not be the responsibility of Weld County. 7) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 8) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 9) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 10) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. RECX20-0088 Page 4 of 7 11) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 12) The historical flow patterns and runoff amounts will be maintained on the site. 13) All structures requiring building permits shall be located within an area that has been released from the CRP program. Evidence shall be submitted indicating land has been released from the CRP program prior to the release of building permits. 14) 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. 15) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C and D have an adequate water supply of sufficient quality, quantity and dependability. 16) Potential purchasers should be aware that Lots A, B and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 17) 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. 18) 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. 19) 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. 20) 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. 21) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. 22) 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 RECX20-0088 Page 5of7 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. 23) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and 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. RECX20-0088 Page 6 of 7 Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 7 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 9. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. 10. The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the recorded exemption. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. By: Date: September 10, 2020 Maxwell Nader, Planner I RECX20-0088 Page 7 of 7 Hello