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Home My WebLink About20223010.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RECX16-0112, FOR REMOVAL OF LOT B - CALVARY FARMS, LLC, C/O RICHARD MONTERA 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 20, 2016, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX16-0112, and WHEREAS, the Board has received a request from the current property owner, Calvary Farms, LLC, do Richard Montera, 134 Oak Avenue, Eaton Colorado 80615-3491, represented by Bayswater Exploration and Production, LLC, do Ascent Geomatics Solutions, 8620 Wolff Court, Westminster, Colorado 80031, to vacate Lot B of Recorded Exemption, RECX16-0112, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX16-0112; being part of the SE1/4 of Section 19, Township 7 North, Range 64 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. j 2. No property resulting from the vacation will continue to use any access across any 2 other lots within the exemption plat. 8 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld 82. County, Colorado, that the request of Calvary Farms, LLC, do Richard Montera, for Partial m eVacation of Two -Lot Recorded Exemption, RECX16-0112, for removal of Lot B, be, and hereby :is, approved, subject to the following condition(s): la °:6-7-1 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the I applicant shall submit an exemption vacation plat and deed to the Department of :E Planning Services within ninety (90) days for review. Upon acceptance, the plat ¢w dN a 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 ",�=•a effect the date of recordation of the land survey plat with the Weld County Clerk a 8 and Recorder. trial: n Y iiii� .\ L= CC : Pi.trehANt, APPI., APPt. REP. 2022-3010 er:113. 11 /23 /22 RECX16-0112 PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RECX16-0112, FOR REMOVAL OF LOT B - CALVARY FARMS, LLC, C/O RICHARD MONTERA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of October, A.D., 2022. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLORADO ATTEST: d,,) :,1 ott K. James, Chair Weld County Clerk to the Board Mike eepian, Pro-Te County orney Date of signature: I l /C6122 2022-3010 RECX16-0112 To: From: Subject: Hearing Date: Owners: Representative: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Maxwell Nader, Planner Partial Vacation of RECX16-0112 October 31, 2022 Calvary Farms, LLC c/o Richard A. Montera Bayswater Exploration & Production, LLC c/o Ascent Geomatics Solutions c/o Ryan Kamicky Legal Description: Lot B Recorded Exemption RECX16-0112; being a part of the SE4 of Section 19, T7N, R64W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 39; north of and adjacent to County Road 78 Parcel Number 0709-19-4-00-011 Total Parcel Size: +/- 156.29 acres Zone District: A (Agricultural) Summary: Calvary Farms, LLC c/o Richard A. Montera requests to vacate Lot B, being the largest lot of Two -Lot Recorded Exemption RECX16-0112, recorded December 29, 2015, reception #4266035. This partial vacation of Lot B of RECX16-0112 would result in an approximately 156 acre unplatted parcel. Lot A of REC16-0112 is not a part of this action. There is an access easement solely on Lot A of RECX16-0112 for the benefit of Lot A and B of RECX16-0112. 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. 2022-3010 Vacation of RECX16-0112 I Calvary Farms, LLC c/o Richard A. Montera Page 1 of 2 t�fC1C Re -01 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 RECX16-0112 I Calvary Farms, LLC do Richard A. Montera Page 2 of 2 VACATION REQUEST LETTER TO: THE WELD COUNTY PLANNING DEPARTMENT, WELD COUNTY, COLORADO: The undersigned, pursuant to Sec. 24-9-90. —Vacation. of the Weld County Code, respectfully requests the Weld County Planning Department, Weld County Colorado, to vacate Lot B of Recorded Exemption No. 0709-19-04 RECX16-0112, recorded December 29, 2016, under Reception Number 4266036, Weld County Records. The reason(s) for requesting this vacation is (are): (Please thoroughly explain the basis for your request. i.e., setback or zoning requirements, etc.): At the request of Weld County, this vacation is being requested to include all of the disturbance acreage related to the Bayswater Calvary Farms 19-L Pad and the Calvary Farms 19-0 Pad together in one lot for simplicity. Per the Articles of Incorporation attached hereto and by reference made a part hereof for all purposes, that Calvary Farms, Inc. is the fee simple owner of the above described property. That the vacation of all or that portion of said Recorded Exemption by the Weld County Planning Department, Weld County, Colorado, will not affect the ownership of any other persons, inasmuch as the Petitioner(s) is (are) the sole owner(s) of the land in said plat sought to be vacated Calvary Farms, Inc. show(s) that all County taxes on the above described property have been paid. A statement showing that said taxes have been paid, and that no taxes are owed, is attached hereto and by reference made a part hereof for all purposes. Upon adoption of a Resolution vacating the above described property, the Weld County Planning Department, Weld County, Colorado, to affix upon the face of the plat appropriate notice that the above described property has been vacated. Respectively submitted this 16th day of September, 2022. 1) Ryan Kaminky 9/16/2022 SIGNATURE PRINTED NAME DATE SIGNATURE PRINTED NAME DATE Attachments: Articles of Incorporation Statement of Taxes VACATION OF LOT B OF RECORDED EXEMPTION NO. 0709-19-04 RECX 16-0112 A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION TOWNSHIP 7 NORTH, RANGE 65 WEST, 6TH P.M. COUNTY OF WELD, STATE OF COLORADO PROPERTY DESCRRKN)N TORE VACATED: LOT S, NEOOROED E%EMPTIDN NO.010F100+RFCx, PARCEL,' NOaTHTaZ B6wEST aF iNE 6TH PMECOUNTYO WELD. SigiE OE coLoap00. sHIPx REC. NO. 41341> s( xowx. mo, PROPERTY OESCRIPTIONAFTER VACATON: - .,, Oc rHFsnurHEAsrOwarsaOF SEcnou,o rOwuswcxuoarN RAur,E 6s wrsr nc Trvc I�, PROPERTY OWNER'8 CERTIFICATE OF W ELD. STATE OF COLORgOD. VAGTE THE LAND ONISION Pui DF aECOaopNOWfaECOGN¢ED aSAN UNPLRgnED iRAOT OF LAND NE Y STATE OF COLO.., 66 GOGxrOFwELO ) OA, OF BOARD OF COONTY COMMISSIONERS CERTIFICATE OF APPROVAL: Cou COLORADO. V HAND ANO TXE CAGE EroBNEu 0oF WEE COONTV THIS OATE iNNEOIN THE''..L7 BNTASSEr aECDa�pINCFwiE •uGUS G6EESTS NECONO NG NO:neOo,� IAFFECi$-CANNOT eE GNgaxrogLLv ENTs aNOo �IGADTIGNS�CGNH<A NEG INSTHE WATEN AGIN EMENT EN 31. EW5 NEcoapNG Na..OlS5MI.IAFFECT5-GIHNDT 0E GNAPHICALLV SHONNI RDING DATE. AW USi N. ZOOx s°ww.xw, PARCEL 2 REC. NO. ]8580x2 88'44'42"E 26] 26 SE114 SEC. 1S T1N, R66W VACATED LOT E Es5GNoss, ,5S.aa0 ACNE INET) r•olna�sioarB e) NaM3. CONortroN9 AND NV ANOqu aSsroNMENTS CORq«G NO: SxsntT.IOo[s NOT OI4SSNIfMµENrs RECORDING NO. +OOBfiN.IDOE6MOT uLINTEPE6T6 iNENEIN ONASSIGNM NTs iHEREOFpIAfFECTRS pGNNOTO N NOT SE GRAPrvropLOivRSHOWN)Pm N NECONOED JV �I x�c�Il JI Nd9'0l'83"W 280.01' 500't2'06'E t 00.00' VICINITY MAP MONUMENT .cc.soND Fumn GENERAL NOTE3: R. RNONTgL wruM: THE HORIZONTu wNMIS NaDRO COLORADO NORTry ZONE. pLL DISTANCES AuO SEAMING AN LONGITUDE OF W10+.658BWNz', pLOPgwITHA ui1TUOE DRIGIN OF � MERIDwN OF ,.uwz5oTIE�AL�TialD «D sGgLE EAcrON ON THE CE«I +. of uMRAnoNs,Nonce. pecoaolNG ro coLORgoo srATE uwvou MusT comMENCEANr LEwL a you EIRsr DlscwER sDa 5 mENi DESCRIBED Ix GENEPu NOTE s.Osc � GULEms oN.vEALTH ExcsvilONsxnsU5ie0 T�s Srv� T rvEREON. mrt co . II,TrI tS.A,SRECORDRIGNO.:11 (OOE6NOT As SET FORTH BELaw. REcoaOING wTE. FESNOANV 26. R,RO NECOaDLNG No. A5BSB551DDES ggLTLINJT AFFECNi,E TASSETFORTHSELOw.RECORDINGDATEMAr Z], ZOZZRECONOIHGx0. AT. N GI�xu6, CALVARY FARMS PAD vgCp TION Plpi VACATION PLAT' SLCIION 19 TOWN5I IIP ] NORn i, RANG665 W F6T fi l i l PRINCIPAL xtEINUTAN: W EI,D COUNN, COI (7RAD0 �ne 10F1 ..a ° RECORDED EXEMPTION NO. 0709-19-04 RECX16-0112 �IIMg�UKi1W8M1L1AW11NMM11W4WYY ®11 LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19, i59AlOJ5i5-P2LLGN0, JneJ 1>bvnJxn IM1.2UI5 TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO "r, .r ,ivHl"IbnP 211'he hneW unit of mexwre;nenl for Ihis wrvy is U. till.1 t. T.0.TIflt AT,.. S. SurvOy f.<I. PNOPlRf1' DwNER'S C'LRTIFI('.nTE: wtivrign°a. M w.by au Ow wUa CwmrY ,,,bm unwb� b .. y "rtlu ya.� � wml).rix.b.vnrwtl ueb"wre"J P Wvev.lOr tlr. uxWunm I "ral�u c�.nr.r. Nt wn;.•Itmmmv.a�.r"..u.n uraMnmr.�d s.a"".91Pan ."r u"w..mr my Im "wt ny .mfinnwn warrcMro We"J hOre me Null My ul �.ra.x Hr. 20 rL. . - Ipl. WN0.W awnb nV Nr Lw uY.m •--. �lJ oa Mnu, Lr (S o's iSd9� f u_ i� �1 J ss.'IM 300 � 9.v I : iir sz, 1 nminJ lw nry vlvmW •me. �� ' b " .Ok nYYNOVAI. RT IIIt. OtYnHIA1LNI Ot P1.ANNINOSORVIt'Yb- aOMINI�TeAiIvO.RFNYiV. t,.r .,•n1.9 ,,.m. R.,rn nM I.. Rra w.la ( 1-T IPI Pteonoeo _ IMI-MfuuPeo rvaM Pmhr;wul twtl sw.eyi r.n d. b;.0 UI tahmdr, a" bet i1 Croas Iwd meb is ],095,533 yqunw fat, Oa 162.PP6 res(Includes 111fwl right 0f x0y, ISP,fl5P tyu:ve I�nl, nr 1628P6 xral (M)SBR°44'4TE 2B DETAIL A 30 FOOT W IOE JOINT ACCESS ANO UTILITY EASEMENT EMENDING ACROSS LOT A OF RECXt6-0112 FROM COUNTY ROAD 39 ANO COUNTY ROAD ]S, FOR THE BENEFIT OF GROPOSED LOT A ANO 8 OF REC%1&0112 SCALE: 1'=100' 91 Thc lwcis ofhcOrin& it 0n Fatl line vfUw SvulhOest Ounner OfS«oun 19 m homing Svolh 00°12'06" Fnsl (nixunxrl hrvring 1, and mOnumcnred ss shown hereon. SI Yield work wxa cmnplanl NUvembnr III, 2111 S. LOT B 153.940 Acrnn Nel 155.293 Acree Gr0c0 NORTH ( ;v vM15asM 1m rrEEr ) SITE EATON VICINITY MAP Zg =W nRI —z Oz `i Zw 8 a; S"1'1 of 1 Sheet 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 31, 2022 TIME: 9:00 a.m. APPLICANT: Calvary Farms, LLC c/o Richard Montera 134 Oak Avenue Eaton, Colorado 80615-3491 REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RECX16-0112, for Removal of Lot B LEGAL DESCRIPTION: Lot B of Recorded Exemption, RECX16-0112; being part of the SE1/4 of Section 19, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to County Road 39; north of and adjacent to County Road 78 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 19, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX16-0112 Owner JACOB AND JO ELLEN HASBROUCK CALVARY FARMS, LLC c/o RICHARD MONTERA BAYSWATER EXPLORATION AND PRODUCTION, LLC C/O ASCENT GEOMATICS SOLUTIONS Address 18979 COUNTY ROAD 78 134 OAK AVENUE City EATON CO 80615-9026 EATON CO 80615-3491 State Zip 8620 WOLFF COURT WESTMINSTER CO 80031 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RECX16-0112, in the United States Mail, postage prepaid First Class Mail as listed above. ru ru Dated the 19th day of October, 2022. JitrZt7 (1i W c ICJ Janet M. Warwick Deputy Clerk to th U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only ism a r -R MIll a D a r— cr ru IT' N For delivery information, visit our website at www.usps.com . ezlv ':3t"Noy Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery o Adult Signature Required Adult Stgnature Restricted Delivery $ Postage Total Postage and Fees Postmark Here Sent aethnnAJO ui/e t Street ad Apt. , or O Box No; 1 It City • t te, ZI +4 1 4ll5bro u rROct cl PS Form 3800, April 2015 PSN 7530-02-000-9047 ck. See Reverse for Instructions R Prrl cn cn C Q Q Do 0 o O u) �J 4. Q) cu e 2 -a ® p sd a' N W `- �, 0 Z3 >. cc tea 0 44- Diiss.-) d a) 7.5 'a N U) i 2 cc x'as'ctS w22 a 2 2 2 N 2 O 0 C� EE UU aitnm oa)15)•≥cc •L a� a� n) � .� a ac�❑v)v) DOD ❑D Tau a) it C) O 1.., U CC N 000 Qm m®CC.≥•≥ mn) 0 a) a) U cc Ga.; C a) rn cov eg O O —co tjDaa)a)oo QQ OOO 6OO L D ❑ ❑ N a) 2 O O M 2 U 0 4-3 N 'a r Itj N U a) c c- OD-coco ■ I. 0 -o � q ‘-c ;;\.:J4 `n J eaCit -4 co e CRS `M V tS h 110) 9590 9402 6749 1074 1338 56 ru N 0 n 9 J D a a D N rU rR D Domestic Return Receipt Cl) rn O 0 N O to a. 0 O > r T co a_ nJ ran r1 a a CI CI U~ 11! Er r� U.S. Postal ServiceTM 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) $ D Certified Mail Restricted Delivery $ O Adult Signature Required $ Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees /��/ \ Dm j'j.. �/, �r..j ` -wa : ' t/ .../1 V/ c • Ckt tohq ��CeDNtf9W Cou4 PS Form 3800, April 2015 PSN 7530-02-000-9047 Postmark Here Prh C r1 SENDER: COMPLETE THIS SECTION ._D rR 1 r1 MN CI II rR 0 N x C. Date of Delivery 0) C) CC Co ❑ ❑ C'.• 0 o (1) - t1 c -O 0 czs 2 "O 10 .D L QS .i c •0; co . N i a) : 0 0 0 (n C7 • (U N U .O (U (CS N -o I- r • CZ LO i(D al c U O C0 f.2 >' ind E c -S O u)) 6 U .a) a E 9- a) O U U) U Q cd a U a N— O O 5- O '\}3— a Q Article Addressed to: C1 - r c, e (C ;s3taco o 2 0 CC OD u_ o o v) 0 ccs co a Err EE0 w2n 0 0 UU0 m-0-0a)el 0 E 0 cn cn 0 as ctj c - o aor= (3) Q. CCtrotoU)0: ODD ❑❑ 0 0 .0 a) Si CC a. >,.0 0cC.C.Ccc 0 _)-o -0 0 0 w u) U U fl w-0-00000 <<0000 6❑❑❑❑❑❑ a) 0 0 a) 0 .a a) .a) 0 0 N 'a 15 ca CC U +� 17) aal 000 "c300 9590 9402 6749 1074 1338 70 Q) cts C-)) co C)) E O L co z a) co II ru a a a U' (1J Domestic Return Receipt O O O co Z 0 O N PS Form 3811 U.S. Postal ServiceTM 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 itAtfti tvi5 r�►c6�C�rc� Mtn . Ems Postmark Here 4 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Track USPS package 70192970000011367216 • USPS package #70192970000011367216 www.usps.com Delivered: Fri, Oct 21, 10:28 AM Track Processed In transit DATE TIME LOCATION Oct 21 10:28 AM Eaton, CO, United States Oct 21 8:32 AM Eaton, CO, United States Oct 20 9:17 PM Denver CO Distribution Center Oct 19 10:52 PM Denver CO Distribution Center Data from usps.com Delivered STATUS Delivered, left with individual Arrived at post office Departed LISPS regional facility Arrived at LISPS regional facility WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 10/7/2022 3:46:28 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. da ;aA Signature )Dig /ZDzz Date Property Owners Within 500 Feet of Parcel # 070919400011 Account Parcel Owner Mailing Address R0912686 070919000007 WAAG W LLC 320 N COUNTY ROAD 5 FORT COLLINS, CO 805249215 R0912886 070919000018 CALVARY FARMS LLC 134 OAK AVE EATON, CO 806153491 R0912986 070919000019 CALVARY FARMS LLC 134 OAK AVE EATON, CO 806153491 R0913386 070919000038 WAAG W LLC 320 N COUNTY ROAD 5 FORT COLLINS, CO 805249215 R1400002 070919300046 WAAG W LLC 320 N COUNTY ROAD 5 FORT COLLINS, CO 805249215 R8947564 070919400010 +A HASBROUCK JACOB C R8947564 070919400010 L4 A- HASBROUCK JO ELLEN 18979 COUNTY ROAD 78 EATON, CO 806159026 R8947565 070919400011 L'o B CALVARY FARMS LLC 134 OAK AVE EATON, CO 806153491 R0914186 070920000037 CALVARY FARMS LLC 134 OAK AVE EATON, CO 806153491 Parcels: 13 Owner Records: 14 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 10/7/2022 3:46:28 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. CettM IL)ebI Signature (0I°1I7-DZZ Date Property Owners Within 500 Feet of Parcel # 070919400011 Account Parcel Owner Mailing Address M0101502 070920200009 CALVARY FARMS LLC 134 OAK AVE EATON, CO 806153491 R6781211 070920200009 CALVARY FARMS LLC 134 OAK AVE EATON, CO 806153491 R0920886 070929000023 CALVARY FARMS LLC 134 OAK AVE EATON, CO 806153491 R0921886 070930000032 GODBY FARM LLC 37632 COUNTY RD 37 EATON, CO 806159016 R8974873 070930100004 EATON COUNTRY CLUB 37615 COUNTY ROAD 39 EATON, CO 806159013 Parcels: 13 Owner Records: 14 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 10/7/2022 3:46:28 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 070919400011 Parcels: 13 Owner Records: 14 tUtthTt (tu3'cL iD(n�z�zz Signature Date Page 3 of 3 PLAT VACATION APPICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be Vacated: Recorded Exemption No. 0709-19-04 RECX16-0112 5 19 T 7N R 65W Q 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 Acreage Affected Easements B 070919400011 156.293 PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Calvary Farms, LLC Company: Phone #: 970-590-2227 Email: roper227@gmail.com Street Address: 134 Oak Avenue City/State/Zip Code: Eaton, Colorado 80615-3491 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Ryan Kaminky Company: Bayswater Exploration & Production, LLC Go Ascent Geomatics Solutions Phone #: 303.928.7128 Email: regulatory@ascentgeomatics.com Street Address: 8620 Wolff Court City/State/Zip Code: Westminter, Colorado 80031 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 Authorized Agent Ryan Kaminky 9/16/2022 Date Signature: Owner or Authorized Agent Date Pint: Owner or Authorized Agent Print Owner or Authorized Agent 7/20/2021 DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17T" AVENUE GREELEY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES Calvary Farms LLC Bayswater Exploration & Production, LLC I, (We), , give permission to (Owner — please print) (Applicant/Agent — please print) to apply for any Planning, Building or Health Department permits or services on our behalf, for the property located at: SENE, NESE Section 19, Township 7 North, Range 65 West, 6th P.M. SENE, NESE 19 7 65 , Township N, Range_W Subdivision Name: Lot Block Property Owners Information: 970-590-2227 Phone: Applicant/Agent Contact Information: 303.928.7128 Phone: E-mail: mper227@gmail.com regulatory@ascentgeomatics.com E -Mail: Email correspondence to be sent to: Owner i— Applicant/Agent _Both_ _ Postal service correspondence to be sent to: (choose only one) Owner �_ Applicant/Agent_ Additional Info: Owner Signature: Date: 00 /,7cz Owner Signature: Date: Mail to: Secretary of State Corporations Section 1560 Broadway, Suite 200 Denver, CO 80202 (303) 8942251 MUST BE TYPED Fax (303) 894.2242 FIUNG FEE $50.00 MUST SUBMIT TWO COPIES Please include a typed AFMCLES OF ORGANIZATION self-addressed envelope For office use only V1CrriR!n iv )('R7.1!Y-� PR01113610 t 70.00 SECRETARY OF STATE 1/We the undersigned natural persons) of the age of eighteen years or more, acting as organizers) of a limited liability company under the Colorado Limited Liability Company Act, adopt the following Articles of Organization for such limited liability company: FIRST: The name of the limited liability company is: Calvary Farms SECOND: Principal place of business (if known]: 1 55 2 WCR 51, La Salle, CO 80645 THIRD: The street address of the initial registered office of the limited liability company is: 822 Seventh Street, Suit? 53f1. rrPplry, rnlnrarin F10611 The mailing address (if different from above ) of the initial registered office of the limited liability company is: The name of its proposed registered agent in Colorado at that address is: Dave Evans 822 7th Street, Suite 530, Greeley, CO 80631 FOURTH: _ The management is vested in managers [check if appropriate) FIFTH: The names and business addresses of the initial manager or managers or if the management is vested in the members, rather than managers, the names and addresses of the member or members are: NAME ADDRESS [include zip codes) Rictard A. Montera 50 Cherry Ave., #14, Eaton, CO 80615 SIXTH: The name and address of each organizer is: Ronald J. Lambden ADDRESS (include zip code) 801 8th Street, Suite 210 Greeley, CO 80631-3900 Signed Organizer 2 '1 Revised 7/95 &I$ cal IAUMIN1111111111Li ;,, II�1111111!ll11111II I 2886072 :500 Wold Gnarly 8. 1 of 6 RI/111,9M! 00 JA Sukl T�akpl o c� �� WAI NTY DEED ,g - 5 0 0 0 \(J C, * c�`v u �J THIS DEED, made this '` day of November, .,r 98, between MIKA A*1,CORP., Z: a Col :. o corporation, G o or, and CALVARY,P RMS, LLC, a Colo" o limited liab' company, whose S- =al address is 352 'man Court, Gre> L i , Colorado @ 809 , Grantee: ��s WITNESSET lT That Grantor for an. ,i��. considerati © on of t m of Two Million ,,N One Hundred and and no/100t , ' ollars ($2,100,000 '� and other good a valuable consid T Lion, the receipt ands' ciency of which are -by acknowledged, granted, barked, sold and conve ; and by these pres does grant, bargai y hell, convey andtbnfirm, unto Grantee, :,.' Grantee's successes and assigns forevei,alll the real prop y together with impro#ments, if any, situat@,ying and being in the�ounty of Weld,ed State of Colorado.d Icnbed as follows: A SEE EXHIBIT A a'hied hereto, consistirygp'fnne page, incorpor t� herein O9,C% by this referenhough fully set fo �'' �� '2 `�\�� also know w *street street and numbeh '. 38634 Weld Couj-Road 39, Ault, A � �, Colored. x610; . � TOG ER with all and si4 lar the hereditamerR %and appurtenances, veto belonginor in anywise appertiying, and the reversiyand reversions, rema,Aider and remai ors, rents, issues an ofds thereof, and all estate, right, titleest, claim and ;° and whatsoever rantor, either in I -;•r equity, of, in an the above bgained premises, wit�ti hereditaments an•purtenances. oQ ,. TO HAVE A [WTO HOLD the said p ses above bargain nd ▪ described, with the appurtenanc Into Grantee, andtee's successors a ssigns forever. A " Grantor does nant, grant, bargai.r�O) nd agree to and w rantee, and Gran successors q assigns, that at the �t of the ensealing ar elivery of these pr s, Grantor is AA seized of the premiss above conveyed, ha'` ood, sure, perfect, a't olute and indeke,asible estate of inheriyce, in law, in fee si and has good right�'yl power and I 1 authority to grant rgain, sell and convOthe same in manner*d form as afor d, and that the sa a free and clear frot former and other bargains, r` sale , liens, taxes, assesnts, encumbrances Orestrictions of what v kind or nature {t B attached heretoisisting of three .",--:2i).'r' ver, except those. a ers shown on Exh. ages, and incorpc d herein by this ref;k. as though fully s rth. Grantor I and will WARRA � ►JD FOREVER DE ▪ 'tthe above-barga premises in uiet and peaceable, session of Grantee eirs and assigns,ast all and evererson or persons tally claiming the wh r any part thereof. � rc� CMFFICEI NUISHNIKAWDiinsres Off; I oC' oC �illlBIIIIIN 11111111111111101 I 11111111 26'36072 11/ 998 11:50A Meld y CO 2 of 6 R D 210.00 JA Suk�,`� ukaa�elo IN WITI set forth abofy NQ nno O >`J WHEREOF, Grant3'as caused this deed be executed on the 4rCC QQ �� °� Q3C . €'.A L ] Secretary C9 Richard . Miller, Pf. dent (C ..._SD—,kOF C.,, RADO ��) �C� �O �, `� ) ss. CC CITY ANiCOUNTY OF DENVEKt ) 4 A { Oe foregoing instr rent was acknowle ° before me this = day of 6S'' N yymber, 1998, by Riprd P. Miller, as pr ent of MIKA Ag. p., a Colorado �CCf °p O oration. ��Q Q. Witness m ind and official sea sion expires: .ii. vC'V Nly :EU_ r : J ( °> O- 4-5 ,5,,,, ,<',N2' ,@, ,,, ,-),, s. , cci Ov cJ .�l e 9-4()--V) Nota t /O ,\\y rot S QCs CCC ,c1 MIKA AG. 119RP., a Colorado corOration 111111111111 2896072 3 of 6 III IIIIII1 III 111111 111111111 ` t co $x/3998 11:900 Weld Y .00 0 210.00 JA S sukamoio EXHIBIT A *WARRANTY DEED 65 GRANT, . MIKA AG. CORP. GRANTE 'CALVARY FARMS,e EA6441: gf A of Recorded E Lion No. 0709-18 -141, being a porgy 2of Section 18, ownship 7 North, .(t 65 West of the 6t ,Weld County, Col o, recorded June CR~ 14, 1974, in Book as Reception No. PARCEL 2: e` The EY EitSection 19, and that.prt of the NE% of theAWY, of Section 19, Tfpyvnship 7 Chi North, ge 65 West of the 6 ' .M., Weld County, Cdrado, more particulard� escribed �� as f ° s: ° C ENCING at the N ast corner of said Ji�� e� Aence running S89°3 ariation 14°30'E)� feet; �` 4." 4- thence S37°00'E 60�f ; ,<°Z ' �C� thence S25°32' 0 feet; ,(D'' `�� (� thence S33° 357 feet; �� thence S37 E 146 feet to the Eline of said land; ,` thence 1 30'W 852 feet along East line of said Ia to the PLACE OF MANNING; 'Ndt A of Recorded Exe ion No. 0709-19-4- , recorded Decembt:3, 1986, < {� in B 1139 as Receptio . 02081918, as co d in warranty dee orded July �,J'' 2 89, in Book 1238 eception NO. 0218 c� r C, vb�th P.M., Weld Cow\ EARCEL 3: The W'/z of Sect Colorado. \� PARCEL -t Th ° rt of the N% of the 6iM., Weld County, 20, Township 7 No ?ange 65 West Q of Section 29, To hip 7 North, Ranger rado, which lies Wel, f the For Far Later4l. West of the 0��0. Terms, agrents, conditions, pr way for w ditch as contained i Gertrud Webster and Merle ampbell, recorded S at Pa' 1 �� C C; cS � 1 � (�' �C{' Page 1 of 3 �^~ • niu illli l l ili IIII Unlit II lilt in 62D 2898072 i l 1998 11:500 Weld �� \ 4 of -8 .00 D 210.00 JP Sukt ae*tc `\t \ � rC �� EXHIBIT B !WARRANTY DEED°° GRANT.MIKA AG. CORP GRANTE CALVARY FARMSIIC 4) 1. 8 -Taxes and assessm for 1998 and all s e quent years. Lien of any exi9 5 or future assessm, taxes, fees, or ch iiWs on account of the inclusion Ohe subject property i 01. or more improve districts, including Water Conservan istrict, West Greel ire Protection Distr. nd North Weld Co � but not lim Soil Con WaterAe C o the Northern Col ation District, The A, riot. ‘,; 3. Rt of way for all coup ads, including coup ads on all section andownship s, as established rder of the Board ounty Commission e� ounty recorded O r 14, 1889, in Boo at Page 273. @) Right of way fouagon road from th as containedarious deeds of re ��o ,CsD 5. let of the Reservoi� Right of for ditch, as contai in various deeds of ord, appurtenant to NW,'.ection 20, Townsh, Worth, Range 6511 U U U for Weld e county road, �C> 6. T ,For Far Lateral and ri t of way therefor as a denced by instrumer1ecorded one 17, 1914, as Reion No. 202501. (�°°� COQ ��- 7. Right of way for i "ies and canals coy 'fdcted by the auth i of the United �' o� States, and ri a proprietor of a q or lode to extract remove his ore �sM ,� threrefrom sd the same be fou do penetrate or inte the premises, as`@- 6 reservecepted in U.S. P� 8. Term ,greements, provk conditions, obli ns and easemerf* as cunt ed-in Agreement bet,,n Val. R. ClarkandAllen, recordedAtt 19, 165, in Book 416 at Pag493. A A 9. ,Casement to run w- :;r ater into lateral ditD � reserved in Warr:, from ,,�° 2 W. W. Farr to W. ,„ lark, recorded Jun 2 1917, in Book 47$�� age 341. ns, obligations, an casement or right of 8 sement Agreement Oveen Harry Clark an% 17, 1956, in Book ' 1 4 - .4.' ° @ 0 H1111111111 X111111111-1111!11111111111 k�Molo 2656072 11/ 998.11:50A Weld C 5 of 6 R 0 5 210.00 JO Suk1 'of (a) recreational ri existing pipe line a 11. Resery use of and nvil es to, in, don Clark Lake; b �L mp from the For Fein feral as then instalnd used, Sand (c) one-half of all` a oil, gas, and other erals, together with a full ri %to enter upon said pr&nises and use of so mu'''ch of the surface there as may �' sonably be necess or operating, drillin ning, or marketing t o production �� (� ereof, and any and signments thereo nterests therein, all coerced by J Herman LeRoy Jo on and Lois Loree Ste�fie, as Trustees unde��ttl1,�e Last Will and `J 'b a Testament of Hlark, in deed date4 y 17, 1974, and rec e�d May 20 1974, <`,r in Book 715/�� eception No. 1636.;'. �� @ .G', 12. An undivr- . one-half interest in to all oil, gas, and o9' minerals, together ,c-1..'i 1the ritO ingress, egress, aegress for the purp9sof drilling and pro rng forth ' ame as reserved by Wesley B. George and HPeiel M. George, in de . ated Feuary 5, 1953, and reeded February 9, 1953\in Book 1349 at Page42, and in. ( y and all assignments. hereof or interests t 1Terms, agreements provisions, condition nd obligations as cgyined in Agree- 4:- ,A, 4? ment between d L. Mapelli and Tl aton Country Club, forded August 15, �l@ 1979, in Boo as Reception No 0137.�D O� �O; 14. Ten per ' of all oil, mineral, an etroleum products, ther with the exclu c,"' right Orospect upon and a so much of the,r ace as is convenk' or nece ry for the operation hLprospect places, mindwells, pipe lines, ar>tioads as*e proper for enjoymeO ,of said reservation, ass eserved by Fred E. SOrnidt and f rie Schmidt in deed . orded May 15, 1957 Book 1477 at Pageg, , and any -dnd all assignments reof or interests thry 'N'^/ �j ,,,,i1,.. Terms, agreem , provisions, conditi ►,, and obligations, a �gditained in Agree- @- ment betwee a For Far Lateral C any and Henry A.,* eider and Opal E. SchneiderA orded May 15, 195 Book 1477 at PacL338 2�J 4, 16. Ease fs and right of way f underground concre G ch or pipeline as �f"ed to J. Boyd by Grant fight of Way, recur• a• February 10, 1970, `Book 6 ,as Reception No. 15490. 17. Qtne-half of all oil, gaCand other minerals n, eretofore reserved, eserved by `„ H. A. Sclrrreidere Opal E. Sctrneid deect dated- Janu i6, 1975-, and - recorded Janu, 1975, in Book 74)4§ Reception No. 165, and any and all assignme,�ih reof or interests,*ein. V18. All coal other minerals, tower with the exclusiv ht to prospect for, ,4 and r the same, and tht of ingress, egre gress and use oft nd convenient or nesary for the same, a or the convenient an a roper L �v; Page 2 of 3 {?`; 1111111111 IIII 1111111 III IIIII H11111111111 2656872 /-1998- 11-:3814- Wei nty CO- , 6 of 6 1.00 D 210.00 JA Teukamoto operation�fprospect places, m roads and appro s thereto, and the r of the on Pacific Railroad, mpany to maintain operate its railroa its then esent form of con ction, and to mak ny change in the m of coitruction or method °Operation of said railr5.iu , as reserved by Union Pacific ilroad Company in =d recorded July 14 11, in Book 320 at ! e 59, and ny and all assignm dry° thereof or interest ° rein. Oil, Gas and �Mj dal Lease with Drillnd Development f e .ment between N Roland L. Iii a/k/a Roland Ii and C.W.I. Oil yid Gas, Inc., dated . ) 1 as Reception NO ents related theretfe <)O March 1, d.•'t , and recorded M 18, 1983, in Boo <�5 0192076 nd all assignments` other recorded in 20. Plan�d Development Sta rds for water storag ank recorded Dece r 21, 1 , as Reception No. 1 50764. `� �A 21. 4s ight of way grantedatural Gas Associa°, dated June 19, 198 �° d recorded C. July 20, 1984, in 9 it 1037 as Receptio�o. 01974814. 2. Matters sho the survey of the P erty (Intermill Land eying, Inc., Project `�� No. P-89- , including but not`�d to shortages in and encroachment� ,� 23. Life e +1 a in one half of th rnerals not theretofQy reserved, as convef to `1� Rola'* L. Mapelli and Ned a Mapelli in deed d December 1, 198,; and re�rded December 1, 1 :; 9, in Book 1250 as R eption No. 02199053 Z <3 C� 3 3 { 24. 'Ilse by Special Revi nd Site Specific Dpment Plan Specia view Permit Jv Development Staff rds as shown in insufnent recorded Nove.i 12, 1997, in �� Book 1634 as l�ption No. 257858Q � `�. - 25. Existing le and tenancies. ( `N' O �`., <NO C3 �7C nn ef-j- DEPARTMENT OF PLANNING SERVICES AMENDED RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Jacob Calvary C. & Jo Farms, Ellen LLC Hasbrouck (Rick Montera) and RECX16-0112 Planner: Michael Hall Legal Description: Lot 1066452, Weld A and County, recorded Lot B CO of Recorded 09/01/1949; Exemption being the RE -935 SE4 of and Section a parcel 19, per T7N, Reception R65W of No. the 6th P.M., Parcel ID #s: 0709-19-0-00-040 & 0709-19-0-00-041 Lot A Before Size: +/- 5.95 acres Lot B Before Size: +/- 150.21 acres Lot A After Size: +/- 6.59 acres Lot B After Size: +/- 149.57 acres Water Before/After: Source Lot Lot A: B: NWCWD NWCWD Tap Tap # 1329001 # 71001 Sewer Before/After: System Lot Lot & SE A: B: -1600015 Septic Septic # SE #s SE -1600012 -1600014 Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2 Compatible with the existing surrounding land uses. X 3 Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. 2 Prior to recording the plat: A. The applicant shall complete and submit a Non -conforming Use (NCU) application to the Weld County Department of Planning Services for the second home located on Lot B. RECX16-0112 Page 1 of 5 B. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. C. 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. D. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8- 40.P. of the Weld County Code. Net acreage calculations should not include future road right- of-way. E. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 3. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0709-19-04 RECX16-0112. B. A 30 foot wide joint access and utility easement extending across Lots A and B from County Road 78 and County Road 39, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. C. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00373). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. D. County Road 78 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. E. County Road 39 is a paved road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 4. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, RECX16-0112 Page 2 of 5 shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) The purpose of this amendment is to adjust the boundaries between Lots A and B of RE -935 and to include a parcel created in 1949 per reception number 1066452, now known as Lots A and B of RECX16-0112. 4) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 5) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 6) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 7) The property owner shall control noxious weeds on the site. 8) The historical flow patterns and runoff amounts will be maintained on the site. 9) 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 29-3-20.6.13 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. 10) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 11) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 12) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. RECX16-0112 Page 3 of 5 13) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. RECX16-0112 Page 4 of 5 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit one (1) electronic copy or one (1) paper copy of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 6. 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. 7 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 type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 8. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: Date: 09/20/2016 Michael Hall, Planner I RECX16-0112 Page 5 of 5 Hello