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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20222928.tiff
RESOLUTION RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -3854, FOR REMOVAL OF LOT B - CR7 ERIE RV, LP 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 July 16, 2004, the Department of Planning Services approved Two -Lot Recorded Exemption, RE -3854, and WHEREAS, the Board has received a request from the current property owner, CR7 Erie RV, LP, c/o Benjamin Lokhorst, Attn: Juliana Zahn, 142 Hawley Street, Grayslake, Illinois 60030, represented by Lyons Gaddis, PC, c/o Cameron Grant, 515 Kimbark Street, Suite 200, Longmont, Colorado 80501, to vacate Lot B of Recorded Exemption, RE -3854, located on the following described real estate, to wit: Lot B of Recorded Exemption, RE -3854; being part of the NW1/4 of Section 22, Township 1 North, Range 68 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. The access easement, solely on Lot A of RE -3854, benefits Lot B of RE -3854. This easement shall remain. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of CR7 Erie RV, LP, for Partial Vacation of Two -Lot Recorded Exemption, RE -3854, 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 and Recorder. 4864357 Pages: 1 of 2 10/31/2022 02:24 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO •III NUS INIX II Co : PL(TP/t J), APPS., A PP, REP. ►►/02/22 2022-2928 RE -3854 PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -3854, FOR REMOVAL OF LOT B — CR7 ERIE RV, LP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of October, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditorm) jeig44k, EXCUSED Scott K. James, Chair Weld County Clerk to the Board _ A County ttorney Date of signature: 10/27/22 4864357 Pages: 2 of 2 10/31/2022 02:24 PM R Fee:$0.00 Carly Koppas, Clark and Recorder, Weld County , CO 2022-2928 RE -3854 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Maxwell Nader, Planner Subject: Partial Vacation of RE -3854 Hearing Date: October 19, 2022 Owners: CR7 ERIE RV LP c/o Benjamin Lokhorst Representative: Lyons Gaddis c/o Cameron A. Grant Legal Description: Lot B Recorded Exemption RE -3854; being a part of the NW4 of Section 22, Ti N, R68W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 7; approximately 0.25 miles south of Erie Parkway (County Road 8) Parcel Number 1467-22-2-00-007 Total Parcel Size: +/- 73.43 acres Zone District: C-3 (Business Commercial) Summary: CR7 ERIE RV LP c/o Benjamin Lokhorst requests to vacate Lot B, being the largest lot of Two -Lot Recorded Exemption RE -3854, recorded October 20, 2004, reception #3229259. This partial vacation of Lot B of RE - 3854 would result in an approximately 73 acre unplatted parcel. Lot A of RE -3854 is not a part of this action. There is an access easement solely on Lot A of RE -3854 for the benefit of Lot B of RE -3854. This easement will remain. 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.B 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. 2022-2928 Vacation of RE -3854 ( CR7 ERIE RV LP c/o Benjamin Lokhorst 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 RE -3854 I CR7 ERIE RV LP c/o Benjamin Lokhorst Page 2 of 2 JE LYONS GADDIS Cameron A. Grant cgrant@lyonsgaddis.com 303-776-9900 September 14, 2022 Department of Planning Services Weld County 1555 N 17th Ave Greeley, CO 80631 Re: Application for Partial Vacation of Recorded Exemption RE No. 1467-22-2 RE -3854, BEING PART S2NW4 SECTION 22, T1 N, R68 W of the 6th P.M., Weld County, Colorado. Please accept this letter and the enclosed application materials on behalf of our client, CR7 ERIE RV LP (the "Applicant"), as its request to partially vacate the above referenced Recorded Exemption. The application is submitted pursuant to Section 24-11-50 of the Weld County Municipal Code governing complete or partial vacation of recorded exemption or subdivision exemption. BACKGROUND AND PURPOSE The Applicant acquired Lot B of Recorded Exemption No. 1467-22-2 RE -3854 earlier this year. Lot B consists of approximately 74.22 acres. The Applicant has received approval from Weld County for the conduct of a business on the western half of the parcel. The eastern half of the parcel is not part of that proposed use and the Applicant desires to separate its land into two parcels, each over thirty-five acres. The first step in creating two 35 -plus acre parcels out of the property is the partial vacation of the Recorded Exemption. EXISTING IMPROVEMENTS There are no existing improvements on Lot B. AFFECTED EASEMENTS AND RIGHTS OF WAY There are no existing easements or rights -of -way affected by this vacation. The previously established recorded exemption created a 30 -foot Ingress & Egress Easement over a portion of Lot A. The proposed partial vacation only affects Lot B. Accordingly, the Ingress & Egress Easement will remain in place following this vacation, preserving access to the property of Applicant. Further, prior to the approval of the recorded exemption, the former owner of the land established a 70 -foot Right -of -Way Reservation in favor of the County for future expansion of LYONS GADDIS, P.C. 515 Kimbark Street 2nd Floor PO Box 978 Longmont, CO 80502-0978 950 Spruce Street, Unit 1B Louisville, CO 80027 Longmont Office 303 776 9900 I Louisville Office 720 726 3670 I www.lvonsciaddis.com rLLYONS GADDIS DRNS '•'JNSe'_Q,S Weld County Department of Planning Services September 13, 2022 Page 2 County Road 7. This Right -of -Way Reservation is unaffected by the proposed partial vacation and the property of Applicant will remain encumbered by such Right -of -Way. PROPOSED VACATION PLAT Though not required as part of the initial application submittal, the Applicant has prepared and is submitting the enclosed Vacation Plat for review. NOTICES AND HEARING A copy of this letter and the enclosed Vacation Plat are being provided to the owner of Lot A, and upon the setting of the date for a hearing in front of the Board of County Commissioners, the Clerk shall provide notice of that hearing to the owner of Lot A at least ten days prior to the hearing in accordance with Sec. 24-11-50(F). POST APPROVAL STEPS In the event that this request is approved by the Board, the Applicant will resubmit the enclosed Vacation Plat, addressing any comments and required changes requested by the Planning Staff or set forth in a resolution of the Board, together with the appropriate recording fee. The Application shall also include a signed deed pursuant to Sec. 24-11-5-(H). Thank you or your consideration and please let me know if you have questions or require any additional information. Sincerely, Cameron A. Gra t —� On Behalf of CR7 ERIE RV LP cc: David and Tricia Hulstrom (Lot A Owners) VACATION OF LOT B, RECORDED EXEMPTION NO. 1467-22-2 RE -3854 Parcel Description , At Mr ,,., N. r.0 4;/- 22-2 RE -3854. ACCORDING TO THE MAP RECORDED 3C-OfiER 23, 7304 A- RFCFP'ION N0. 3229259.IOCATFO 1\ THE SOUTH 1/7 OF T -F NO-HMV/LSI 1/4 OF SECIION 22. OWNS( -P 1 NORIH, RANGt b8 WEST O IHt SIXTH aRINCPA_ MERIDIAN, COUNTY OF WELD, STA-E Or CO.ORADO. BEING MORE PARTICULARLY DESCRIBED AS "OL_OWS. CONSIDERING THE EAST LINE Of HE SOUTH HALT OF HE NOR'HWEST QUARTER OF SEC -ION 22 TO DEAR SOUTH 30'36'59" EAST. BETWEEN A FO,.ND 06 REBAR WIT- 2 1/2" ALUMINUM CAP, "EHRHART C -N I/'6 S77 TIN R68W 2304 IS 79414" AT THE C -N 1/16 OF SECTION 77 AND A •OU\D /5 RIBA.? WIIH 3 '/4" A_ MN w CA". -CIA I_R SIC 22 LS 2b93/" AI IFt CENItN 1/4 OF SECTION 22 WITH ALL BEARNGS SHOWN HEREON BEING RELA'IVI IHIRt'0. 3EGINN NC AT SA D CENTER NORTH SIX"EENTH CORNER OF SEC -ION 22; TI•ENCE ALONG SAID EAST LNE OF THE SOOT- HALF OF THE NOR'1•WEST QUARTER, SOU'I 30'36'59" EAS", A DSTANCE Of '322.17 FEET TO SAID CENTER OUAR'CR CORNER OF SECTION 22; IHENCL ALONG HE SOU 1-I LINE DP SAIL) NOrtIHWLSI QLARItN, SOUIH 89'34'5" WEST. A DISTANCE Dr 2687.94 'EC" TO T••E WEST OJARTER CORNER 0- SAID SECTION 22; IHLNC: ALONG HI WtSI JNE 0- SAID NORIHWES QUARILN, NORTH 00'29'33" W_SI, A JISIANCL 31 513.04 ILO I "OA P01%I 3\ A SOU ',TIRO' LIN_ OI LO A 01 SAL) RLCORJLU EXEMPT ON NO. •467-22-2 RE -3854; IHLNC: ALONG 'HI BOUNDARY OF SAID _01 A IHt IOL_OW NG NINE (9) COURSES: 1) NORTH 89'30'27" FAST, A DIS'ANCF OF 27907 rrf- TO A POINT OF CURVATURr; 2) THENCE 180.'6 rEE" ALONG T••E ARC Of A CURVE 10 FTC LEFT. -AV NC A RADL,S 130.30 rEE_. A\D AN INCLUDED ANG_E Or 7994'07", SA -ENDED BY A CHORD BEAR NC NORTH 4950'57" EAS', A ()STANCE OF '66.08 c%F'; 3) THENCE NOR -II 89'40'36" EAST. A DISTANCE Of 157.36 FEET; 4) NORTH 00'17'47' WEST, A ()STANCE OF 377 96 FEET; 5) SOUTH 89'41'10' WES', A DISTANCE OF 227 50 FEET; 6) SOJ IH 30'18'30' LAS I. A DIS ANCt OF 32/.50 • IE 7) NORTH 89'41'10' FAST, A DISTANCE OF 39.47 FrrT -0 A POINT Or C,,RVATURF; 8) THENCE 132 93 FEET ALONG Tit ARC Of A CURVE TO Ft RIGA', HAVING A RAD US 100 00 :FE". AND AN INCLUDED ANG F Or 76'09'56". SJB'FNDFD BY A CHORD BEARING SOUTH 51'76'01' WFS-. A DISTANCE or '23.36 FUT; 9) THENCE SOU -11 89'35'31' WEST. A DISTANCE OF 279.25 FEET TO A PONT ON SAID WEST _1NE OR THE NORTHWEST QUARTER; IHINCt ALONG SAIL) WtS _INI, NORTH 00'29'33- WL5'. A JISIANCI OF 62.33 FELI 10 A POINT ON THE NORTH LINE OF A FIFTY TOOT WIDE (50') COMMUNITY DI -C-, RECORDED WITH Wit D COUNTY ON JUI Y 79, 1908 IN B00( 783, PAGE 140; TI•ENCE ALONG SAID NOR7•I LINE T E FO_LOW1\C SK (6) CO,.RSES; 1) NORTH 50'34'30' EAST. A OIS"ANCE OF 14.13 FEET: 2) NORTH 3"58'45" EAST. A DISTANCE OF 380 47 rEE' TO A POINT OF CURVATURE. 3) THENCE 13450 FEET Al O\G THE ARC OF A CURVE TO T -F RIGHT, HAVING A RAD US 77500 • LE AND AN INCLUDED ANGLE OF 34" 5'00", SUB IENDtU BY A CHORD BEAR NG NOR I-1 49'14'59' EAST. A DISTANCE OF 132.51 FEET; 4) IHLNCI NOR •H 66'19'33" LAS), A UISIANCE 01 259.38 FELI ID A J01N1 Of CURVA URI, 5) THENCE 200.74 FFF1 ALONG THE ARC Of A CURVE TO THr EFT, HAVNG A RAD US 15000 rEE' AND AN INCLUDED ANGLE OF 76'43'43', SUBTENDED 3Y A CHORD BEARING NOR 1- 27'54'6- EAST. A DISTANCE OF 186.'0 FEET; 6) THENCE NORTH 13'73'23' WFS-. A D STANCE OF 54.57 FEET TO A PO N' ON THE NORTH IINF OF IHE SOUTH HALF OF HE NOR 'HWtSI QUARItR OF SEC ION 22; THENCE ALONG SAID NORTH LINE, NORTH 89'35'04" EAST. A DISTANCE OF 206'.94 FEET, MORE OR . FSS TO THE POINT OF BEGINNING. SAID PARCEL CONTAIN NG 3.232.846 SO t T, OR 74 22 ACRES or LAND, MORE OR LESS WE. THE UNDERSIGNED, BE NG THE SO_E OWNERS) I\ FEE OF THE PROPERTY DESCRIBED HLRtON. NOW NLCOCNILLL` AS AN UNP_AIIL3 IRACI OF LAND. JO HERESY VACAIt 'HL LAND DIVISION PEA' Of RECORD AS SHOWN ON TIE ACCOMPANYING MAP HEREON EXISTING EASEMEN-S ARE NOT ArECTED BY THIS VACATION UNLESS INDICATED AS VACATED BY TH S PI AT' ON THE ACCOMPANY NC MAP HFRFON. ANY FASFMFNT CREATED BY T• -F ORIG NAL I AND DIVISION PLA HA: IS \0I SHOWN AS VACAILU UN 'Ht. ACCOMPANY NG MAP IS HtAISY REDEDICATED AS SHOWN ROAD RIGHTS - OF - WAY ARE NO' AFFECTED BY TH5 VACATION CASE BY STATE Of COLORADO )SS COUNTY 0. OF NVI It ACKNOW F)GMFNT THE F0RCONG ASTRJM'A1 WAS ACKNOM FOGFD RFFORF M( 011 _ JO BY M IN• SS MY NANO AN) 9IICIA1 Se A. Mv COMM SS(ON 'KPIq'S. (SFAI, • NOTARY PUBLIC LOCATED IN THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 1 NORTH, RANGE 68 WEST OF' THE 6TH P. M., COUNTY OF WELD, STATE OF COLORADO SHF= T 1 CF 2 NOTES ..AND I GUARANILL COMPANY COIVMIMtNI NUMBER AS4251613246-4. DA 'LL) 04/24/2021 Al 5.00 P. M., WAS CN'IRELY RELIED JPON FOR RECORDED INFORMATION REGARDING RIGHTS -OF -WAY. EASEMENTS AND ENCUMBRANCES N THE PREPARATION OF "HIS VACAT ON PLAT. THE PROPERTY SHOWN AND DFSCR RFD HEREON S All OF "HE PROPFR'Y DESCR BED IN SAID TIT. F COMMVMFNT. 2. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFEC" N -HIS VACATON PLAT WI-HN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO FVFN- MAY ANY ACTION BASED UPON ANY DFFFCT IN 'HIS VACATION PI A" BE COMMENCED MORE THAN TEN YEARS -ROM T11E DATE O "TIE CERT"CATION SHOWN •tEREON. 3 TI•IS VACATION PLAT S VA_D ONLY IF PR N- HAS SEAL AND SGNATURE Of SURVEYOR. 4 SASS 0' BEARNGS: GPIS DLRIVtL BEARINGS BASED ON A BLARING Of SOYIH 00'36'59" tAST ALONG THE EAST LINE OF THE SOUTH HALF OF THE NOR"HWEST QUARTER Or SEC'IOA 22, BETWEEN A FOUND /6 RLBAR CH 7 1/7" A UM NUM CAP. "FHRHAR 1 C N ' /16 577 TN R68W 7034 S 29414" Al IML C N 1/'6 OF StCIION 22 AND A FOUND /b RIBAR WI H 3 '/4" ALUMINUM CAP, "CENTER SEC 22 LS 25937" AT 'Ft( CENTER 1/A Or SECTION 22 AS SHOWN HEREON. COLORADO STATE PIANF COORDINA-F SYSTEM, NORTH 7ONF, WORN AMERICAN DA -UM '983 (NA083). All SEAR NGS SHOWN -ILRLON ARE RI_AIIVE HALAL 10 5 ANY PERSON NI10 KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PJBLIC _AND SJRVEY MONJMENT AND/OR BOUNDARY MONUMENT OR ACCESSORY. COMMITS A CLASS TWO (2) M SDEMEANOR JURSUANI 0 S1AIL S"A'UIL CRS. SLC 'B 4 503. WHOEVER WLLIU_LY UtSIROYS. DEFACES. CHANGES, OR REMOVES TO ANOTHER PLACE ANY SECT On CORNER. OJARTER-SECTION CORNER, OR MtAN)IR POS I, ON ANY GOVIRNMt\ I _ NI Of SURVEY. OR W LLF J_LY C., IS DOWN ANY WI INLSS TREF OR ANY TREE B A7FD TO MARK 'HE IINF or A GOWRNVFNT SURVEY, OR WIILFJI Y DFFAC=5, CHANGES. OR REMOVES ANY MONUMENT OR BENCH MARK Of ANY GOVERNMENT SURVEY, SHA_L BE 71NFD UNDER TH S TIT( F OR MPRISONED NO' MORE T -AN SIX MONTHS, OR BOTH 18 U.S.C § 1858. 6 IHI DISIANCE M:ASURLMLNIS SHOWN HtRLON A$ US SURVEY Fool. 7 THE TOTA_ AREA OF THE SUBJECT PROPERTY IS 3,232.846 SO. IT, OR 74.22 ACRES, MORE OR FSS. AREA AS SOWN HEREON S A RFS. AN FACTOR, NOT A DETERMINATIVE FACTOR. AND MAY CHANCE SIGNIFICANT Y WITH MINOR VARIATIONS N FIE, D MEASUREMENTS OR THE SOF TWARr USED 10 PLRIORM 1111. CALC..LAHIONS. IOR '111S RLASON, It_ AREA IS SHOWN AS A "610 -IL 0•t LISS" -1CURE, AND IS NO" TO BC RELIED UPON AS AN ACCURATE FACTOR FOR REAL ESTATE SALES PURPOSE S. BOARD OF COUNTY COMMISSIONERS APPROVAL 111 VACAI ON "LAI IS APPROVED BY 'HE BOAR) OF COUN'Y COMM SSONLRS O• WILD COUNTY, SIAIL OF COLORADO. WITNESS I/Y HAND AND THE CORPORATE SrAI OF MID COJNTY THIS ____ DAY OF 20 CHAIR, SOARD OF COUNTY COMMISSIONIRS AT TES" MhL) COUNTY CLINK TO HIE BOARD BY: DFDUTV Cl IRK TO THE BOARD DATE OWNER. BY• ACKNOWI FICA/IN' STATE Of CO_ORADO ) )SS COON It 01 ).NV•4 ) 1Mf TORGO(NG NSILJM'NT WAS ACKNOM FOCI) AFFORF MF OA BY _ M V• 5S MY •1AND A'4) d 1 CIA( SP AI MY COMMISSION FRP(gfS. (SF AI NOTARY PUBLIC JO i i •,. Pk**, 4 la Vicinity Map NOT TO SCALE Boundary Closure Report CO..RSE. 500'36'59"E CO..RSE: S89'34'51-* CO,.RSF: NO3'79'33"W COYRSt: N89'30'2A LENGTH: 1322 17' LENGTH: 2687 94' I FNGTH: LING1H: H: 2 /9.0/' FNGTH: 183.16' RADIUS: '3203' )E_ IA: 0/9'24'0/' CHORD 166.38' CO..RSE: N89'40'36"E CO RSE. NO3'17'47"W CO.,RS • 589'4'' 0"N CO.,RSE: 500" 8'53'E CO,.RSF: N89'41'101 - COURSE: N49.50'52'E LENGTH: 157 36' _ENGTH: 327 96' LENGTH: 227 50' _ENGTI I 327.50' I ENGTH: 39.47' _FNGTH. 132.93' RAOLS: '00.00' DE. TA: 076'09'56' CHORD: 123.36' CO..RSE COYRSF CO..RSF CO.,RS_ 589'35'31"W NOC'79'33"W N53'34'30.1 N,S1'5S'45- E COURSE S51'76'0"N LENGTH. 279 25' I FNGTH 62 33' LENGTH: 14 13' LENGTH: 3604/' FNGTH: 134 50' RADL,5: 775.00' DI_ IA: 034'13'00" CORD 132.51' COURSE: N49'14'59"I COL.RSF. N66'19'55"F I INCH: 759.38' _FNGTH. 200 74' RADIUS. 150.00' DE TA: 076'40'43" CHORD 18610' CO„kSF N27'54'16 -I CO -RS N1O'23'23"W CO..RSE: N89'35'04"C AREA: 3,732,846 SO. FT 11(404 CLOSURt. 0.01 PRECISION 1: 957908 Surveyor's Statement I. JAMES L COWAN, A _AND SJRVEYOR L CENSED 1\ T TAT • Cpl S E ' OR AND ON BIHAL• Of 1 _A (IRONS, INC ,'HA f•" V a. IH DESCRIBED PREM SES WAS CONDUCTED 3Y IME OR UND AYGUST '3, 202', THAT SAID SJRVEY AND THE ATTAC SUBS -AN -IA_ ACCORDANCE WI 'F1 CRS 38 51 102(12 ��/AYyNw/ SOU" Y P A WORT ' �MA '"1"'.EV•f { " P11'T11 lE / ME JAMES 2WlaLkol aoUEE. STAMP AND SIGNATURE _FNGTH 54 52' LENGT' 1. 2061.94' 0 E MA N VICE PRESIDENT, FLATIRONS, NC. CC DLO Wm DI's II Ott U Wa Cy 'Jrc -I oz zz O- QQ. L)2 QW >W 1' 3 -4 -4 ti h • '< a Olt JOB NUMBER: 2'-76.015 DA IE: 09-07-7322 DRAW% BY: M VOYI FS CHECKED AY JA/JIG SHEET 1 OF 2 1 I 81:M#OlLjS '&L7b3tj VAUUlpk PIA' (C2 NORTH I/16 CORNER SECTIONS 21 MC 22I FOUND RANGE SOx. PER sowus NT RECORD DATED DECEMBER 31. 2017 N50'04'301 14.13' NOO'29'33'W 62.33' 2 r 2 L S PLA TIED L01 4 ERIC EXCHANGE F414G NO J 62314 (C) APPROXIMATE LOCATION RIGHT OF WAY CASEMENT TO UNITED POKER, INC. REC. NO 2391921 (06/06/1994) L-134.50' R-225.00' 1-3415'OO•- CHeN4f14'59`E 132.51' LOT A. RECORDED ExEMPfON 1467-22-2 RE2502 REC NO 2701715 (7/23/1915) / /I{ / LOT B. RECORDED ExEWIION NO 1467-22-2 RE2502 ROC. NO 2706799 1-132.93' Re 100.00' v 76'09'56'- 766'01'26'01 •W 12136' • 509.35'31'11279.25' NSWJO'l2'E 279.67' 3D• — i WEST 1/4 CORNER SECTION 22 FOUND 96 REBAR WITH 2' ALUMINUM CAP. '521 522 R66W TIN 1995 LS 25937' IN RANGE BOY PER MONUMENT RECORD DATED DECEMBER 31, 2017 60' R 0.9 BOOR 86. PAGE 273 (10/14/1669) 70' RIGHT -Of -WAY elRESERVATION FOR FUTURE EXPANSION Of COUNTY ROAD 7 (P) N • L01 3 ERE EXCHANGE r,u c No 3 N10'23'23.W 54.52' 1-200.74' R-150.00' x•76'40'43' C/1-N27'54.16`E 106-10' L-180.16• R-130.00' A-79 24'07e CH-N49-5O'5YE 166.08' 3 VACATION OF LOT B, RECORDED EXEMPTION NO. 1467-22-2 RE -3854 J LOCATED IN THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO SHEET 2 OF 2 COLWUMTY DITCH (50 ROW ) BOOK 283, PAGE 140 (07/29/1906) LOT 9 RE -1059 VACATE *n0L Or THE Nenw04'E 2985.06' ISEC) N00'36`M'F 2061.94 LOT B. CORDED EXEMPTa NO 1467-22-2 RE -3634 REC. NO. 3229259 (10/20/2004) ON _. . 20__ BY 90 I COUNTY COMMR161Owm or VELD COUNTY 50' EASEMENT 10 PANHANDLE EASTERN PIPE LINE COMPANY RECEPTION NO 1926646 (05/11/1963) 91934'51•111 268744' UNPLATTED POINT or 15C9R4111 C -N 1/16 SECTION 72 FOUND 96 R(BAR e1H 2 1/2" ALUMINUM CAP. 'EHR'4ART C -N I/16 522 IN RAM 2004 LS 29414' PER MONUMENT RECORD DATED FEBRUARY 26. 2005 ME end FOUND ALIQUOT MONUMENT AS DESCRIBED • FOUND MONUMENT AS DESCRIBED •I .2 FOUND 05 REBAR WITH -EHRHART LS 29414" FOUND 05 REBAR WITH 2' ALUMINUM CAP, "ADP" 1 1/2" YELLOW PLASTIC CAP• .3 FOUND 05 REBAR WITH 1 1/2" ALUMINUM CAP "FLATIRONS SURV 19588" FOUND /5 REBAR BATH 1 1/2" ALUMINUM CAP 'FLATIRONS SURV 195W 30' WC" 30' WITNESS CORNER 04 GRAPHIC SCALE w . W •M S In IN WI 6, El ( 104 run ) I inch a 100 ft a, S ts CENTER i/4 SECTION 27J FOUND tS Ma WITH 3 1/4 ALUMINUM CAP. -CENTER SEC 22 LS 25937' PER MONUMENT RECORD DATED MAY 16. 2000 UNPLA TIED UNI1IAIM) LOT B RE -1300 a b N 6 h irt • n r w e Ott aN ' I 0 � gE 2z 48: IA gstv* JOB NUMBER 21-76.015 DATE 09- 07- 2022 DRAWN By '/ VOYLES .^KFf pY I IIIVI IIIII IIVI 111111 IIIII IVII 111111 VI IIIII IIII IIII mcnvni I o p W Y1°i..v°el:°,se°uen a Ilsw.. LOT ! CRIC EICHAXQ i[JNG NO J BLOfi 1 LOT B RE -2a0] XE 1/4 Qc 1, EASEMENT CERTIFICATE I Do NLBCBT DEDICAITM 1011 LXE BCHCRT Q THE PROPERTY rr OR OCSCRIBCp HLREON E EASENCNI {W 1HC PURPOSE $MOWN Cw DLscae[o HWECx LEGAL DESCRIPTION PART OE 1NE SOUTM I/1 Of IN[ XORn1v,E5i t/4 Di QOn0r1 31 TONHSHIP + HORiX RANQ 6e NEST Of ME TN PRINCIPAL NCRIDIAX t 6iN-T2-2 FE]SOZWCO E: ce IDSELOT sT: COF �ca°wr[nN0 PnON No COXIANINO J J1, 061 SOUME MT ON 76242 ACRES MORE 011 Us, RECORDED EXEMPTION NO 1467-22-2 RE -3854 lDT B RE-tO59 75 O MI YT PLBAR ./1[LLOW CAP EXRXARi l5 ]9414 ' PONLLO G HULSTRON QNELL f HULSTROM SURVEYORS NOTES 15) BA9tS Di B[ARWGS 569341] w x6e>94 LLONO THE SWTHERLY UNE OC 1HE SOU1N 1/1 Of 1HE Nm/4 0[ SELnON 1] i N P6BW OP zur„;Et IAaSITMi0NLr1r BWNDNRT OE M[ suBACT 9tE) BUNG 1W0 3PARATEP FOP,, rp0U00NCEppOPEptt 9UBKY IS 10 CREPTE 1]) ILOCD IN[ORNADON TME SUBJECT PROPERtt . LOCATED IN ZOHC 0C NRCAS M NIHINLL ELOOdXO ACCOROWG TO iHC fENA ROOD 1,11,1CR ]e.1990 CONYUMtt-PANEL Ne 000166 0960 D GATED LOT B J 2JJ 50750 - OR 74271 AC 9542 w I/4 SEC 31 26 OWNERSHIP CERTIFICATE WELD COUNTY NOTES sINpLTu[ s swag Cm1°[. v,%tP�mrC,rO �,iImA m raoi wA � .d wixiriu• N w.�Iwe a.uc,lnn o 9sa a s,e puaT oewx M u.Nw.,rt [w.v um a) wT . n ror DID•[ Ia . rv,wL tN,7 []mna N ,ccmpua nx ¢n4W ]4i1t nw"'LST :Z:;pa°wwtn�p:;:Z aronmo. .wy:°u.rc���yyyyyy n r DNyD, s�ry ro+l¢ a4sATs v eu � mrauTM nc xcruao, � �a�m � vnam�can � a.Xa ,x„ w a,A,c .. s9�r a a'aina r w:.YmwL� L aa�o. unvlsvls �ar rtwc REAMTM `Tlc" a�nn,', cuom»m n IIc °nw90°air:� >„.uW u°"iw,c`o .ul nE I„vun r ,a ants i c w°+ a tsc'u:cKWemo a w smPL°Pii°:,°u aL a°"1Doa`ccix+i"v ws°.°OiW:.r-:°u � � cw°`,oraes uc � sauL rLCT ,xc uwcw, w, gea9c�irw°+/um 4W'�fx.0 s I�asvMom'wm°e�ra co+maa�`ns�°i .upi r�i '.IY�r, m auv° r> �nan I°4um Ynp.c Ts slut a w+,.en NWm ro We m�sv°nla. v� QNN1°e°n Y}moan w,+an ,wc anrynv �.aronrspIaDxc.DNv. a uawu A' �n`°ic,la .°i°iu ¢i uvmm'�°n<'In. �Ncww� o-'a�,ru`m` aNm mN,m�mn rol,N.. xm ra±neav wXpr,n�.rc ,w bmi wTron --71 WL 13rd X'44 1'a xaMvp wro . NnNt uu +u5, amwn ,q mW`M TPCWnWi SLOAO .1472 +rya aa°ivai�W,m,ol r , N.opaMs.wIxaW9,:`,„9°�`x 9n n�a ' �r,+c as n�'H"'e:) o'"a s"a`..YON" vpvsic Wawno c ir#7, 7 N( aiaos:u x°p?,+o.oc ai s ,°� pwaa wf, er x[aID> R4] mrx1N, C[i DRwiwlCx'n4wGulONMNM3 °up �Mu Pqi 0,1.ii4t�`illu Y[�Cp MSC x° fN�'M c t WnYaa' 4 IMn °N2 u• w i A; aY nN43 +0 OnttWLx CURVE Cl C2 C3 C4 TH 134 200 80 132 06 RADIUS 225 150 00 100 00 30 00 CURVE TABLE DELT 3,20 40 76 42 02 76,0 00 79 21 40 BEARING .49 2756 E N28'17 21 E N51 44 51 E 5500901 W ELBE D BUNG THC SOLE OYWCR IN f[C Q 1HE ABOSC ERtt DO HEREBY t3/4 OE TMC SAMC AS SHONN M ,HC DEPARTMENT OP PW. SERVICES CPRT/FlCATE I NM I UNDU15TA14) THK PPOPERtt IS LOC1iED W TMC Ap11CULl11RC IOHE DISTRICT AND IS IXRXQO TO PROM MCAS Ent 1H[ THIs PLAT IS AQCPt[0 AND APPROVED IOR rLLIHG CONDUCT a OTHCR US[s BT MLHT ACQSSMY UYS D UQs CEH4r.�ELL'/ Y1i, /. rf( DCPMM[ PLMINING SE CES OIRCCTW OXALO C HULSTRW P XULSTIIW , DA RRNICAnONS Y.ERC ACNNONLCDc[0 BC[dtE M[ , {.THE fMCDONG CERnBCATON WNS ACNNOaLOQO BCrptE N[ THIS 4 �` /1 oN °Ar GP �'�`�1 wD O.! DAY NY CONNI59ON EXPIRES IL 1 A ID oT wY PU9^C � NOT., POOH. F-3131CSS YY, MAND AHD SCLL Ibha sn'11 SS YY NN1D NID XAL CHORD 132 86 186 23 36 166 NORTH SCALE 1 = 100 VICINITY MAP - t NIILC NOR HO Ip ...NO e n 11 r 13 xrn HD 6 OCR NO LOTS A AND B RECORDED EXEMPTION - 3854 PART OF THE 51/2 'HAZE F THE NW 1/4 SECTION 22, TOWNSHIP 1 NORTH RANGE 68 WEST, 6TH P COUNTY OF WELD, STATE OF COLORADO EHRHART ENGINEERING GRIFFIN & PIANNINC ASSOCIATES • LAND SNRYEn.G PO 00+ 9Sl !ee B.LD! 51 LRY COIOIYPJ eWl6 (bJJ C]e-JJ.O ! (JOJ) et0-1116 SHEET OF DATE 6/17/04 PROJECT .4.6, 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: October 19, 2022 TIME: 9:00 a.m. APPLICANT: CR7 Erie RV, LP 142 Hawley Street, Unit 6 Grayslake, Illinois 60030 REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RE -3854, for Removal of Lot B LEGAL DESCRIPTION: Lot B of Recorded Exemption, RE -3854; being part of the NW1/4 of Section 22, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 7; approximately 0.25 miles south of Erie Parkway (County Road 8) (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 7, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RE -3854 Owner DAVID AND TRICIA HULSTROM CR7 ERIE RV LP C/O HARTER SECREST AND EMERY LP CR 7 ERIE RV, LP C/O BENJAMIN LOKHORST ATTN: JULIANA LIANA ZAHN Address 2600 COUNTY ROAD 7 City ERIE State Zip CO 80516-8301 1600 BAUSCH AND LOMB PLACE ROCHESTER NY 14604-2711 142 HAW LEY STREET, UNIT 6 GRAYSLAKE IL 60030 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, RE -3854, in the United States Mail, postage prepaid First Class Mail as listed above. co m fu ru C 0 nu O Certified Mail Fee CI te,.Zl PS Form 3800, April 2015 PSN 7530-02-000-9047 Dated the 7th day of October, 2022. uJa�w,�k 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``'. 10 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 Postmark Here yid 4-114.6-4rDn4 itr�t nd Apt. No., Box N 3a Track USPS package 70220410000323742438 USPS package #70220410000323742438 www.usps.com Delivered: Tue, Oct 11, 01:38 PM Track Processed In transit Delivered DATE TIME LOCATION STATUS Oct 11 1:38 PM Erie, CO, United States Delivered, left with individual Oct 11 1:35 PM Erie, CO, United States Notice left (no authorized recipient available) Oct 11 10:49 AM Erie, CO, United States Out for delivery Oct 11 10:24 AM Erie, CO, United States Arrived at post office Oct 10 12:00 AM In transit to next facility Data from usps.com rn Ri a a a ru N U.S. Postal Service'' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com`''. • i; FCIAL Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) O Return Receipt (hardcopy) ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage To SeToit '1 tri R V LP d Fels 1aMin _ Q/lGl 'Zahn Str Apt. pp., or PO Bpx No. `Let Ci f ZIP+Lea Postmark Here ZL 51". 3,* Un; tits03?) PS Form 38CO3 April 2015 PSN 7530-02-000-9047 See Reverse for Instructions m ru a ru a 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 Sees Str 1 via RV 1,P Postmark Here b $4tr5ecresf iEjncni tJ. °d'b" i�`G+.0 sch cad . nib Ylnu�. r SENDER: COMPLETE THIS SECTION L 15 a. x asi m113 C act cA -b- ra 2 73 tE > CD -D -v 1 ; Uvi W a) �► cc = cd 0 U) a) 0 4-4 co -so as so a) E C L 0 0 ■ 4- 0 -a 0 s C C 0 a) 0 a U cts L r- 0 1. Article Addressed to: N 1/4474 n S v � -f bgzhees.(2 ?N o w ���2P. em� o 'u-� >cm=c •L a) a)a).G?im CL CCCC0U)U) ODD ❑❑ 9590 9402 6749 1074 1339 24 a) a) a) U a) cc 2. Article Number (Transfer from service IaheJ} m nJ a a a a nJ ru Domestic Return Receipt 0 C 0 0 0 N O 9 M to C0 O O CV T CO 0 PS Form 3800, April 2015 PSN 7530.02-M0-9047 See Reverse for Instructions Track USPS package 70220410000323742414 USPS package #70220410000323742414 www.usps.com In transit Processed DATE Oct 11 Oct 11 Oct 11 Oct 10 Oct 10 TIME 9:47 AM 8:25 AM 8:02 AM 9:15PM 12:00 AM Track In transit LOCATION Rochester, NY, United States Rochester, NY, United States Rochester, NY, United States Rochester NY Distribution Center Delivered STATUS Delivered to agent for final delivery Out for delivery Arrived at post office Departed USPS regional facility In transit to next facility Data from usps.com WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2022 10:11:38 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 # 146722200007 1 (tfluiit a tL)iv oX' Ck Signature Date Account Parcel Owner Mailing Address R6783072 146721100027 LEFT HAND WATER DISTRICT PO NIWOT, BOX 210 CO 805440210 R8946507 146721100037 ERIE LAND COMPANY LLC 3990 NASHVILLE, HILLSBORO TN 372153162 PIKE STE 400 R8970548 146721400038 ENERGY HOLDINGS LP TITAN R8970548 146721400038 CRESTONE LLC PEAK RESOURCE HOLDINGS C/O 555 DENVER, CIVITAS 17TH STREET CO RESOURCES 80202 STE INC- 3500 TAX DEPT R5796386 146722000019 CLELAND RHONDA L R5796386 146722000019 CLELAND GARY L 3406 ERIE, COUNTY CO 805168613 ROAD 7 R5797686 146722000024 LEFT HAND WATER DISTRICT PO NIWOT, BOX 210 CO 805440210 R0111088 146722000026 ARNESON FAMILY LIMITED LIABILITY CO C/O PO ERIE, BOX EARLINE CO 1045 805161045 ARNESON RAGSDALE R8057999 146722000031 HULSTROM LSTROM JAN L Parcels: 18 Owner Records: 23 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2022 10:11:38 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. Date Signature Property Owners Within 500 Feet of Parcel # 146722200007 Parcel Owner Mailing Address Account 146722000031 HULSTROM RICKY C 2716 ERIE, COUNTY CO 805168301 ROAD 7 R8057999 146722000032 HULSTROM GENELL F 2714 ERIE, COUNTY CO 805168301 ROAD 7 R8058099 BRENNAN JUANITHA JACOBS 3014 DENVER, ALBION CO ST 802072607 R4356806 146722100001 146722100002 SURPRISE PROPERTY DEVELOPMENT LLC PO HILTON BOX 3065 HEAD ISLAND, SC 299280065 R4356906 146722200006 Lt, 4 0 HULSTROM TRICIA R3302705 HULSTROM DAVID 2600 ERIE, COUNTY CO 805168301 ROAD 7 R3302705 146722200006 LC 4 . `' GRINSTEAD TRICIA F M5796886 146722200007 146722200007 L[3td CR7 ERIE RV LP C/O 1600 ROCHESTER, HARTER BAUSCH SECREST AND NY 146042711 LOMB & EMERY PL LLP R3302805 HULSTROM DAVID J 2714 ERIE, COUNTY CO 805168301 ROAD 7 M5796886 146722200007 Parcels: 18 Owner Records: 23 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2022 10:11:38 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 # 146722200007 Date Account Parcel Owner Mailing Address R8972188 146722200038 ERIE EXCHANGE LLC 5040 DENVER, ACOMA CO ST 802162010 R7778999 146722201002 ERIE EXCHANGE LLC 5040 DENVER, ACOMA CO ST 802162010 R7779099 146722201003 ERIE EXCHANGE LLC 5040 DENVER, ACOMA CO ST 802162010 R7779199 146722201004 ERIE EXCHANGE LLC 5040 DENVER, ACOMA CO ST 802162010 R2581603 146722400034 R&N PROPERTIES LLC 14101 AURORA, E 33RD CO 800111613 PL STE F Parcels: 18 Owner Records: 23 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 9/27/2022 10:11:38 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 # 146722200007 Parcels: 18 Owner Records: 23 Signature c1/117 )Z7 Date Page 4 of 4 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be vacated: RE No. 1467-22-2 RE 3854 S 22 T 1N R 68W CI Complete Vacation (must include all lots)E Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number B 146722200007 74.22 None Acreage Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: CR7 ERIE RV LP Company: Phone #: 519 660 9261 Email: jzahn@macritchie.biz Street Address: ATTN: Juliana Zahn City/State/Zip Code: Grays Lake, IL 60030 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Cameron A. Grant Company: Lyons Gaddis, PC Phone #: 303.776.9900 Email: cgrant@lyonsgaddis.com Street Address: 515 Kimbark Street, Suite 200 City/State/Zip Code: Longmont, CO 80501 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. Signs ore: Owner or Ad9heri ed'Agent 9/15/22 /51 - Date Signature: Owner or Authorized Agent Date Cameron A. Grant CR7 ERIE RV LP Print Owner or Authorized Agent Print Owner or Authorized Agent 7/20/2021 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM I, (We), CR7 ERIE RV LP , give permission to CAMERON A. GRANT (Owner — please print) (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: Parcel No. 146722200007, Plat No. 1467-22-2 RE 3854 Legal Description: Lot B, Portion of S 1/2 of NW 1/4 of Section 22 , Township 1 N, Range 68 W Subdivision Name: Property Owners Information: Address: 142 Hawley St., Unit 6, Grayslake, IL 60030 Lot Block 519 660 9261 E-mail: jzahn@macritchie.biz Phone: Authorized Agent/Applicant Contact Information: Address: 515 Kimbark Street, Suite 200, Longmont, CO 80501 Phone: 303 776 9900 E -Mail: cgrant@lyonsgaddis.com Correspondence to be sent to: Owner Authorized Agent/Applicant X by: Mail Email X 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) knowled e. CQ? ,I,G,1v�P L.) Date 09/16/2022 4,4`61,4(464650— i.9 Cg My commission expires Subscribed and /sworn to/before me this ./73‘. day of by vi bJ ,4 Owner Signature Date J,Vot P fic , 20 .2.2-- PATRICK J. JR. QUIGLEY Notary Public, State of New York Qualified in Ontario County No. 02QU6022663 Commission Expires April S. -Filed Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 04/18/2022 02:30 PM ID Number: 20221384857 Document number: 20221384857 Amount Paid: $100.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Foreign Entity Authority filed pursuant to § 7-90-803 of the Colorado Revised Statutes (C.R.S.) 1. The entity ID number, the entity name, and the true name, if different, are Entity ID number 20221384857 (Colorado Secretary of State ID number) Entity name CR7 Erie RV LP True name (if different from the entity name) 2. The form of entity and the jurisdiction under the law of which the entity is formed are Form of entity Foreign Limited Partnership Jurisdiction Delaware 3. The principal office address of the entity's principal office is Street address 2714 County Road 7 (Street number and name) Erie CO 80516 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) Mailing address 142 Hawley St., Unit 6 (leave blank if same as street address) (Street number and name or Post Office Box information) Grayslake IL 60030 (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) 4. The registered agent name and registered agent address of the entity's registered agent are Name (if an individual) (Last) or (First) (Middle) (Suffix) (if an entity) PARACORP INCORPORATED (Caution: Do not provide both an individual and an entity name.) AUTHORITY Page 1 of3 Rev. 12/01/2011 Street address 95 Emerson Street #601 (Street number and name) Denver (City) CO 80218 (Sac) (ZIP Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) (The following statement is adopted by marking the box) © The person appointed as registered agent above has consented to being so appointed. (ZIP Code) 5. The date the entity commenced or expects to commence transacting business or conducting activities in Colorado is 06/01/2023 (mm/dd/yyyy) 6. (If applicable, adopt the following statement by marking the box and include an attachment) ❑ This document contains additional information as provided by law. 7. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour:minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 8. The true name and mailing address of the individual causing the document to be delivered for filing are Severe Frances (Last) (First) (Middle) (Suffix) 2804 Gateway Oaks Dr Ste 100 (Street number and name or Post Office Box information) Parasec Sacramento CA 95833 (City) (Province — if applicable) (State) (ZIP/Postal Code) United States . (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) O This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. AUTHORITY Page 2 of 3 Rev. 12/01/2011 Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are famished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). AUTHORITY Page 3 of 3 Rev. 12/01/2011 EXHIBIT A TO WRITTEN CONSENT OF THE GENERAL PARTNER OF Fox RV PARKING FUND I GENERAL PARTNER, LP In addition to any other authority granted to the Vice President pursuant to the Limited Partnership Agreement, if any, or any other written consent or authorization of the General Partner (i.e., email from the General Partner authorizing the Vice President to take certain action on behalf of the Partnership), and in addition to any other authority that he may have in connection with the ordinary operations of the Partnership's business, the Vice President is authorized, in the name and on behalf of the Partnership, but subject, in each case, to the limitations and requirements of applicable law, to: 1. Enter into contracts and/or agreements for the day-to-day operations of the Partnership. 2. Enter into letters of intent, acquisition agreement and all related documents for the acquisition of recreational vehicle parking and/or self storage facilities or other lands to be used for recreational vehicle parking and/or self storage on behalf of the Partnership. 3. Enter into any contracts or purchase orders related to any capital or maintenance projects for any of the recreational vehicle parking and/or self storage facilities. 4. Enter into any employment agreements or consulting agreements for the staff and employees of the Partnership and its affiliated and subsidiary companies. 5. Enter into loan agreements or other financing arrangements as approved by the investors of the Partnership. 6. Initiation of any litigation, claim or other legal matter on behalf of the Partnership. 7. Settle any litigation, claim or other legal matter, provided that the amount to be paid by the Partnership, together with any other related expected financial impact, does not exceed $100,000 per matter or series of related matters. 8. Have prepared any necessary tax returns for the Partnership, which must be reviewed and approved by the General Partner prior to the filing of any tax returns. Certain other actions by the Vice President on behalf of the Partnership or a subsidiary of the Partnership may require approval by one or more limited partners of the Partnership or the subsidiary of the Partnership, including, but not limited to, such actions as selling or mortgaging assets of the Partnership or the subsidiary of the Partnership. The Vice President shall review the Limited Partnership Agreement of the Partnership and either the Limited Partnership Agreement or Operating Agreement of the subsidiary of the Partnership prior to taking any action on behalf of the Partnership or the subsidiary of the Partnership. Fox RV Parking Fund I General Partner, LP By: Fox RV Parking Upper Tier GP LLC, its General Partner Name: Will Matthews Title: Authorized Signatory 9300739__1 WRITTEN CONSENT OF THE GENERAL PARTNER OF FOX RV PARKING FUND I GENERAL PARTNER, LP July 26, 2021 THE UNDERSIGNED being the General Partner of Fox RV Parking Fund I General Partner, LP, a Delaware limited partnership (the "Partnerships"), hereby consents to, approves and adopts the following resolutions without a meeting: NOW, THEREFORE, BE IT: RESOLVED, that the following person is hereby elected to serve as an officer of the Partnership, in the capacity set forth opposite his name, to hold such offices until successors is duly elected and qualified or until either his death, incapacitation, resignation or removal by the General Partner. Name: Office: Benjamin Lokhorst Vice President RESOLVED, that the above -referenced officer's authority is limited to those certain actions set forth on Exhibit A attached hereto and made a part hereof. IN WITNESS WHEREOF, the undersigned has executed this Written Consent, which is deemed to be effective as of the date first written above. Fox RV Parking Fund I General Partner, LP By: Fox RV Parking Upper Tier GP LLC, its General Partner By: Name: Will Matthews Title: Authorized Signatory 9300739_1 July, 26, 2021 Fox RV Parking Fund I General Partner, LP 715 5''' Avenue SW, Suite 1700 Calgary, Alberta T2P 2X6 Canada RE: Fox RV Parking Fund I General Partner, LP (the "Partnership") Dear Will: I'm in receipt of the Consent from the Partnership dated as of July 26, 2021 and the Exhibit A annexed thereto and I hereby accept the position as Vice President of the Partnership. I'm also in receipt of the Limited Partnership Agreement of the Partnership and the operating agreements and limited partnership agreements for its various subsidiaries. I have read all of these documents and I fully understand my authority, rights, obligations, liabilities, and limitations as an officer of the Partnership and its subsidiaries. Finally, I will review the Limited Partnership Agreement of the Partnership and either the limited partnership agreement or operating agreement of the subsidiary of the Partnership prior to taking any action on behalf of the Partnership or the subsidiary of the Partnership. I also fully understand that my authority to take certain actions on behalf of the Partnership may require approval by you or one or more limited partners of the Partnership or the subsidiary of the Partnership. As a result, I hereby agree to obtain such approval or approvals prior to taking such actions. Regards, Benjamin Lokhorst 9300739_1 4828307 05/18/2022 08:02 AM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $160.00 Carly Koppes - Clerk and Recorder, Weld County , CO PERSONAL REPRESENTATIVE'S DEED (Sale) THIS DEED is made by GENELL F. HULSTROM, as Personal Representative of the Estate of RONALD C. HULSTROM, deceased, Grantor, to CR7 ERIE RV LP, Grantee, a Delaware limited partnership whose legal address is 142 Hawley St Grayslake, IL 60030, in the County of Lake, State of Illinois. State Documentary Fee Date S•1"3•21- $ ' 4eU.c+o WHEREAS, the decedent died on the date of February 28, 2021, and the Grantor was duly appointed Personal Representative of said Estate by the District Court in and for the County of Weld and State of Colorado, Probate No. 21PR30278, on the date of May 24, 2021, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell and convey unto Grantee, for and in consideration of One Million, Six Hundred Thousand dollars and 00/100 ($1,600,000.00) the following described real property situate in the County of Weld, State of Colorado: LOT B, RECORDED EXEMPTION NO. 1467-22-2 RE -3854, ACCORDING TO THE MAP RECORDED OCTOBER 20, 2004, AT RECEPTION NO. 3229259, BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. EXCEPTING all water, water rights, ditches, ditch rights, reservoirs, and reservoir rights, pumping plants and rights of way for water, ditches, and reservoirs, and all enlargements and extensions thereof appurtenant to said land and especially all of the right title and interest in 15.81 shares of the capital stock of the Farmers Reservoir and Irrigation Company. also known by street and number as: County Road 7, Erie CO 80516 assessor's schedule or parcel number: 146722200007 With all appurtenances. Asused herein, the singular includes the plural and the plural the singular. Executed' ��r /3, t GENELL F. HULSTROM Personal Representative of the Estate of RONALD C. HULSTROM, Deceased 11165521_2 4828307 05/18/2022 08:02 AM Page 2 of 2 STATE OF COLORADO '"�, )ss COUNTY OF BDLaCf..0, ) The foregoing instrument was acknowledged before me this I day of , 2022 by GENELL F. HULSTROM, as Personal Representative of the Estate of RONALD C. HULSTROM, eceased. Witness my hand and official seal. r� My commission expires: `4Q 1" a �l ` 35 . SHELLY HA`NKINS NOTARY COLORADO NOTARY ID 2013404094g MY COMMISSION EXPIRES JUL.12025 11165521_2 4828305 05/18/2022 08:02 AM Total Pages: 1 Rec Fee: $13.00 Doc Fee: $160.00 Carly Koppes - Clerk and Recorder, Weld County , CO State Documentary Fee Date S•)b•z-2- $ t Vo •10 SPECIAL WARRANTY DEED THIS DEED is made this 13 day of , 20 %' a between GENELL F. HULSTROM, Grantor, whose address is 2714 County Road 7, e, Colorado 80156 and CR7 ERIE RV LP, Grantee, a Delaware limited partnership whose address is 142 Hawley St Grayslake, IL 60030. WITNESSETH, That Grantor, for and in consideration of the sum of One Million, Six Hundred Thousand dollars and 00/100 ($1,600,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto Grantee, their heirs, successors and assigns forever, the following described real property, together with improvements, if any, situate in the County of Weld, State of Colorado, to wit: LOT B, RECORDED EXEMPTION NO. 1467-22-2 RE -3854, ACCORDING TO THE MAP RECORDED OCTOBER 20, 2004, AT RECEPTION NO. 3229259, BEING A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. EXCEPTING all water, water rights, ditches, ditch rights, reservoirs, and reservoir rights, pumping plants and rights of way for water, ditches, and reservoirs, and all enlargements and extensions thereof appurtenant to said land and especially all of the right title and interest in 15.81 shares of the capital stock of the Farmers Reservoir and Irrigation Company. also known by street and number as: County Road 7, Erie CO 80516 assessor's schedule or parcel number: 146722200007 TOGETHER with all and singular the hereditamenu and appurtenances thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issue, and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto Grantee. her heirs and assigns forever. Grantor, for herself, her heirs and personal representatives, does covenant and agree that she will WARRANT AND FOREVER DEFEND the above bargained premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, by, through or under Grantor, except for covenants, easements, and restrictions of record and subject to general property taxes for the year, 2022. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The Grantor has executed this deed on the date set forth above. Grantor: GENELL F. HULSTROM STATE OF COLORADO ) COUNTY OF SHELLY HAWKINS NOTARY PUtLIC - STATE OF COLORADO NOTARY ID 2 01 34040 948 MY COMMISSION EXPIRES JUL 1, 2025 The foregoing instrument was acbtowledged before me thisll day 442(.4_,20ky GENELL F. HULSTROM WITNESS may hand and official seal. Witness my hand and official seal. My commission expires: TDi" V J 11165518_2 // Nota •ublic COLOR ADO [Catil DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Ronald & Genell Hulstrom RE -3854 Planner: J. Hatch Legal Description: Pt NW4 Section 22, T1 N, R68W of the 61h P.M., Weld County, CO. Parcel ID #: 1467 22 000033 Lot A Size: 2 +/- acres Lot B Size: 76 +/- acres fr Lot C Size: n/a Lot D Size: n/a Water Source: Left Hand Water District Sewer System: Septic Yes No X X X 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. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. 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 Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Topographic or physical features of the proposed Lot, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow -the installation of a septic system the lot may need to be enlarged. 3. Prior to recording the plat: The plat shall be titled: Recorded Exemption No. 1467-22-2 RE -3854 Lot A and Lot B shall use the existing residential / agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. All approved accesses shall be clearly shown on the plat. County Road 7 is designated on the Weld County Road Classification Plan as a paved arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 70 feet from the centerline of County Road 7 shall be delineated on the plat as right-of-way reservation for future expansion of County Road 7. This road is maintained by Weld County. The applicant shall attempt to address the requirements (concems) of Mountain View Fire Protection District, as stated in the referral response dated July 1, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall attempt to address the requirements (concerns) of Town of Erie, as stated in the referral response dated July 7, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall submit written documentation to the Weld County Department of Planning Services that the mobile home permitted for temporary accessory farm use, is now a principal dwelling unit on Lot B of the Recorded Exemption. 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. I. 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 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. 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 the Section 23-3-10 of the Weld County Code. fib 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) All construction or improvements occurring in a geological hazard area as delineated by the Colorado Geological Survey shall comply with Overlay District requirements of Chapter 23, Article V, Division 2 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 an adequate water supply of sufficient quality, quantity and dependability is available. 7) All mobile homes as accessory farm uses are temporary. Allowance of the mobile homes shall be extended only if the use continues to be in conformance with the criteria established in Section 23-4-170 of the Weld County Code. The mobile homes shall be removed from the property if the mobile home cannot be legally permitted for an approved use as listed in Chapter 23, Article IV, Division 3 of the Weld County Code. 8) Prior to the release of building permits for any structure exceeding 3,600 square feet, the applicant must comply with the requirements of Appendix III -A of the International Fire Code. 9) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 10) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 11) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 longstanding 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 area: open views, spaciousness, wildlife, lack of city noise and congestion, and 4111 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; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. 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. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 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. Snow removal from roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. 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. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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. 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 from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format IIII MP type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maoseco.weld.co.us. 6. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date July 16, 2004 Jacqueline Hatch •S Planner
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