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HomeMy WebLinkAbout20220650.tiff10**QIijliI'IhI RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX16-0147 - PATRICIA DEPLAZES 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 October 14, 2016, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX16-0147, and WHEREAS, the Board has received a request from the current property owner, Patricia Deplazes, 9120 N. Saint Vrain Drive, Lyons, Colorado 80540, to vacate Lot D of Recorded Exemption, RECX16-0147, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX16-0147; being part of Section 10, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property resulting from the vacation will be left without access to a public road right-of-way. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Patricia Deplazes, for Partial Vacation of Four -Lot Recorded Exemption, RECX16-0147, for removal of Lot D, be, and hereby is, approved, subject to the following condition(s): As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days 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. 4807952 Pages: 1 of 2 CG : PL(, v/AS), rA PPL . 03/07/2022 11:07 AM R Fee:$0.0O $0.00 3 �� c X22 Carly Koppes, Clerk and Recorder, Weld County , CO 2022-0650 gill I rmjWlll SAN i�R1 41 !1'��lM'�'LG��IN�9�I+4IY�h 11111 RECX16-0147 PARTIAL VACATION OF RECORDED EXEMPTION, RECX16-0147 - PATRICIA DEPLAZES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of February, A.D., 2022. ATTEST: C/,,) G. �C1to•�,c Weld County Clerk to the Board eputy Clerk lb the 1 ounty Date of signature: O 4807952 Pages: 2 of 2 03/07/2022 11:07 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County , CO III I r.�I� 11�h11f'6�KIN14h'AMonwilI \I1I111 BOARD OF COUNTY COMMISSIONERS WELD OUNTY COLORADO Scott K. James, Chair Mmieran, L. teve Moreno Lori Saine 2022-0650 RECX16-0147 1861 DEPARTMENT OF PLANNING SERVICES c_o u N T Yz, MEMORANDUM TO: Weld County Board of County Commissioners FROM: Angela Snyder, Planner II SUBJECT: Vacation of Lot D of Recorded Exemption 0551-10-02 RECX16-0147. HEARING DATE: February 23, 2022 APPLICANT: Patricia Deplazes, 9120 N Saint Wain Dr, Lyons, CO 80540 LEGAL DESCRIPTION: Lot D of Recorded Exemption RECX16-0147, being a part of Section 10, T8N, R65W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to County Rd 94, east of and adjacent to County Rd 43 PARCEL NUMBER: 055110300014 PARCEL SIZE: ± 137.14 acres ZONE DISTRICT: A (Agricultural) NARRATIVE: The Department of Planning Services received the attached letter on January 13, 2022, from Patricia Deplazes, property owner, requesting a partial vacation of the plat of Recorded Exemption RECX16-0147, recorded April 26, 2017, reception #4297009 to remove Lot D. Recorded Exemption RECX16-0147 was the first recorded exemption on the property. Three smaller lots are associated with the original parent parcel: Lots A, B, and C of RECX16-0147. All property owners will be notified of the partial vacation request hearing. No easements were created on Lot D by the plat of RECX16-0147, therefore no other interests are affected by the request. The resulting parcel will be larger than thirty-five (35) acres. A draft vacation plat is also attached. A metes and bounds description for the lot to be vacated has been included on the draft vacation plat. The Department of Planning Services staff has reviewed this request and recommends that this request be approved. 2022-0650 Page 1 of 1 tcc t (P - O 14'1 January 13, 2022 To Weld County Department of Planning RE Request to Vacate Lot D Recorded Exemption # 0551-10-03 RECX 16-0147 Dear Weld County, Please vacate Lot D of the above referenced Recorded Exemption This vacation is requested to return property to vacant land and allow for future divisions as allowed by Weld County There are no improvements and no easements that will be affected Respectfully submitted, Patricia Deplazes Vacation Plat of Lot D, Recorded Exemption No 0551-10-03 RECX 16-0147 NORTHWEST 1 COEfl SECDOD 10 FOUND J/1 E 8001(14 WITX a 1/4 AWYINU CM l5 liJ)1 aI wl wLE�GEND 4- SECTION CONTROL MONUMENT AS NORD HEREON L,1 11'- SET 5/0 N 24 REOW WITH 2 AWMINUM CAP LS 38040 aI • - FOUND I/O RE91R WRH YEIEOW PLOSTc GAP Is 32114 o- FOUND I/O REINR WITH NO CM DII WEST 1/1 C011jEN SECTION 10 1 ii REBW WOH ] 1 ALUMINUM W LS ]6016 I SURVEYOR S NOTES I 1) 9156 OF BEARINGS THE WEST UNE Or THE SONMVESI 1/1 OF SECION 10 TOWNSHIP ASNMONWEMEDE HEEREON TWITH TALL BGXWGS CONAT�NNEO HENEWB XEUTIK 1MEREfO WET IO(ROOµ AES 49 N 1)05 30407 TOOT IS PLOT AS PODUCT Y D lN US SILOSSY FEET l]CO/]-0(1701. END DOURNESS J 250800110 TO COL0RM0 Um 104 MUST COMMANY 1(541 A 1(541 ACTON BASED UPON ANY Cl o�FEn W DOS SUINEY WITHIN THREE 70025 AFTER YOU 01411 DIMMER SUCH DEETCT IN GI 0 EVENT ICY 4000801104 BASED UPON ANY DEFECT W 1W5 SURVEY BE COMYENCm MORE 11NH TEN TEARS FROM THE 011 Of ME CERTIFICATION SHOWN HEREON 40 40(0(01 EVEW 594E ¢I 'ME WB6RY E CEED THE DCL— AYWM FOR THIS S11RhY PUBLIC PL/NDD SURVE MONUYDR AS ODERBI 4 IN SSEECWIIOOY OO15E5 10 B([IB EC R.SO OI �I CONTROL CORNER AS DEFINED W SECTION Y-SJ-107 (6 CRS 11 LS S TO Bf 0' Of of RNAY REARINGOTRdCOOT On WHO UE &KRONOR SUCH IISD BVAMOO�T4CC D OOTHERLACCE550RY AS 00714(0 0 BY SECTION JB-SJ- T ( CRS EVD! 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Or RNDINGS WwRH ARE 1ETIFLT Of ME CSS OR 7N ANO DOES NOT CONSTME A � 5WMRANIY OR GU —TEE, EITHER EkPRES9 OR WPUED UNO SUBENTS 050 00MP 5 40*11 RECORD lUllS ECEUN NEON 005(2204(0 RE 05(22YCIRE 200000*) 0050 000PXNO0 m THE ILENT FOR 10435 t MD Located in the Southwest 1/4 of Section 10 Township 8 North Range 65 West of the 6th P M County of Weld State of Colorado Sheet 1 of 1 VACATED LOT D RECX16-0147 137 14 ACRES +/- IaIOIR SRY1620W 117]63 II� REG NO 42978084 I �g II SOUTH EST CORNER SECTOR LOA FOUND ]H REALM MIN J 1/1 —VNUM CAP LS 20ri0 I —11)101 — — — — J— COUNTY ROAD g4—S69.1620V GRAPHCC SCALE 1 208 1 IUVOL!>�'T 0 200 400 600 NORTH 1// CORNER SECTION 101 TWNo J LS 4CFEEWDH J 1/1 &UMMUAP LS 3)011 .4,` Ig rx CENRA/1 1/1 CORNER YCTION 10 SR ] R REBAR 3 J 1/ &UMINUINUY • CM L95 )8016 I 2619T0--- --------- SOUTH Y4 CORNER SECTOR 410LOYIMUY COP44100BG J 1/1 PROPERTY DESCRIPTION to BE VACATED RECEPhLOl 0 R[CORD[0 [K[YPIION NO 0111-10-03 XTCK16-0111 RDING TO ME PUT RECORDED 200000 2017 AS OF THE 41 NO 129)019 BEING A PAW Of THE D !TAT ST 1 1 Or SECTION ID TOWNSMP 6 NORM GE OS W[ST THE 6TH PRINCIPAL YDLIONN COUNTY or WELD STAR OF COIORAOO PROPERTY DESCRIPTION AFTER VACATION ALL TINT PART Or THE SOUOMEST 1 1 OF SECTION 0 TOWNSHIP 6 NORM RMGC 03 WEST OF THE 0111 041400& YCRIOVN COUNTY OF WELD STATE 0 COLORADO YORE P.MICUWILY OESCAIBED AS FOLLOWS COYYCMCING �T THE SOUMIICSI CORNER O! SNp }C4DCD 10 THENCE COINCOEW 111TH THE WEST ONE. OF THE 5OF LOT A, 1 ROEO PONTDr DN ISI 0351-38-07 188X16-6117 RECORDED APRIL I 301) AS 0TH 005 NOA G394009 OF THE OINT Dr B[GINMNC THENCE COMMUWG COINCIOFM WITH $VD w6SAI UM NOg1X OOSi 01 WEST A ISTANCC or 193899 RR 10 THE NORTHWEST CORNEA� ��OF ��M��E soUTHWEsr 1/1 OF 9118 SESDDN 1111140CC DIU CAST MDi[LTMTIN ME NONO1 CORDER DFUIMC mI11111V[ST 1/I �F�51OwE1pSg'I WSO a1E36 ! 9DEEET 10100E SAST LINE O! THC SMRHWEST I/O Cr5800 SRToi 10 SOIIM 00 SOUM0451 CORNER OF THE CSI 1/4 OF SAID SECTION 10 1HENCE COMMENT WITH ME SOUTH IDLE OF ME SOUIIYBEST 1/4 OF 510 SECTION 10 500214 69'16}0 REST A OISTMCE OF 117369 FEET TO THE SOUTHEAST CORNER Of LOT C OF SAID RECORDED DICMPION THENCE COINCIOCN} WRH ME COOT L➢1C OF SAD LOT C NORM 005] W 0051 A OSTANCE or 63010 FEET TO TIE NORTHEAST CORNER CF SND LOT C THENCE COWCIOEW WITH ME NORM TO TIC NORMM E01STI 0110 440 OF SYD OF001010004000(00110000 A, µ0 MC POINT OP 0401.01 Nq CO NNWOS13714 ACRES MORCE OF E L1011 ESS, COUNTY 0! WELD STAR o! COLORADO PROPERTY OWNERS CERTIFICATE I MC UNDERSIGNED BOND MC SOLE OWNER IN M OF THC IBOIE DESCRIBED PROPDGY D0 HEREOF VIUR ME LAND DMION FUT O! RECORD NOW RMOWZM AS M UNPUTRD TPACT Or URO —RIO. APRIL DEP-Es STATE or 80381400 COUNTY O1 NELL 3 ME FORENWG CERDFICMON WAS ACKNOMIEDDEO BEFORE ME THIS — DAY OF IN COMMISSION (SIRES - WINESS MY HMU MD SEAL NORM! PUBLIC BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL THIS VAGTION RAT WAS APPROVO] BY THE BOY10 OF COUNTY COMYISIONERS OF WELD COUNTY STATE OF COLORADO WRNESS MY IWID 400 THE CORPORATE SEAL OF WELD COUNTY THIS CHNR BOND OF COUNTY COYOSSIONERS ATRST WELD COUIIRY CLDIX TO THE 80940 DEPUTY CLERK TO 104E 0WL0 DATE SURVEYORS CERTIFlCATE I MERLE R NOW A REGISTERED PROFESSIONAL MD SUI—FOR W ME STAR OF COLORADO 1* HEREBY CERM' THAI {MR —TION PUT WAS PREPMED UNDER MY PERSON& SUPDMSION MD THAT Me PUT CS M &CURATE REPRESENTADON THEREOF TAMER CERDfY TINT ME SUWY MD MIS PUT COMPLIES WRH ALE APPRULES REGOUTONS MD UWS OF DIE STATE OF COLORADO STATE BONG OF REOSIRATON FOR PROFESYON& EN ENGIXECRS Mf) PROTEsUON& SURVEYORS AND WELD COUNTY MRLC 0. 04005 PLS ]ONTO FOR AND ON M6Y1F OF N WEST LEND 50RVflTNo M O COLOR ADO CORPORATION 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 aeweldgov.com. DATE: February 23, 2022 TIME: 9 00 a m APPLICANT: Patricia Deplazes 9120 North Saint Vrain Drive Lyons, Colorado 80540 REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX16-0147, for Removal of Lot D LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX16-0147, being part of Section 10, Township 8 North, Range 65 West of the 6th P M , Weld County, Colorado LOCATION: North of and adjacent to County Road 94, east of and adjacent to County Road 43 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: February 11, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX16-0147 Owner JUSTIN MONTGOMERY DEVIN DVORAK ELIZABETH BASILIERE PATRICIA DEPLAZES Address 21071 COUNTY ROAD 94 21279 COUNTY ROAD 94 21075 COUNTY ROAD 94 9120 N SAINT VRAINE DRIVE City State Zip PIERCE CO 80650-9606 PIERCE CO 80650-9603 PIERCE CO 80650-9603 LYONS CO 80540-8200 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, RECX16-0147, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 11th day of February, 2022. (jtflr€IYL • (jja,uzYi cL Janet M. Warwick Deputy Clerk to the Board ri ci ri lti Certified Mail Fee .11 $ Extra Services & Fees (check box, add fee as appropriate) O ❑ Return Receipt (hardcopy) $ O ❑ Return Receipt (electronic) $ Postmark O ❑ Certified Mail Restricted Delivery $ Here J�\\\\.l\' E3 ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ O Postage hi $ Total Postage and Fees N rn Er rR O Return Receipt (hardcopy) $ Q ❑ Return Receipt (electronic) $ C3 C3 ❑ Certified Mail Restricted Delivery $ O ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ O Postage 111 $ Total Postage and Fees N rR N Hi N p • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. as appropriate) 1. Article Addressed to: Z 1 D ri 1 L Tz °l cf ?iercc.gDgUISn�— or,(i}Byz Nq m -------��------------4 ------- r! G) $ DLc 5C ru IT' Ln OFFU Certified Mail Fee $ Extra Services & Fees (check box, adc O ❑ Return Receipt (hardcopy) $ O ❑ Return Receipt (electronic) $ O ❑ Certified Mail Restricted Delivery $ o ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ O Postage U-) $ Total Postage and Fees CX or�71D t �-- ---------------------- �Bo�No.t V [Q_l'JI xt I JCo gd54b- - IIIIII'I'II'IIIIIIIIIIIIIIIIill IIII III ❑ 9590 9402 5390 9189 0170 00 ❑ 2. Article Number (Transfer from service label) ❑ 7017 1450 0000 9675 1937 PS Form 3811, July 2015 PSN 7530-02-Duu-auo� ■ Complete items 1, 2, and 3. I 14 L ■ Print your name and address on the reverse Z so that we can return the card to you. ■ Attach this card to the back of the mailpiece, asappmprlate) or on the front if space permits. 1. Article Addressed to: I.JkU I n i>irctk at V4 Sent To j \p y f s fora Sire A t. o. r PO city, s- e -I;PLr , D D ti f i7i erCc. g D o u El IILIlU III IIIIIIIIIIIIII II I H I III III ❑ 9590 9402 5390 9189 0169 66 O 2. Article Number (Transfer from service label) ❑ 7017 1450 0000 9675 1920 PS Form 3811, July 2015 PSN 7530-02-000-9o53 A. Signature X �r / ` ❑ Agent ❑ Addressee •eivedby(PfinteameJ C. Date of Delivery D. Is delivery address different frorr(item 1? ❑ Yes If YES, enter delivery address below: ❑ No Service type ❑ Priority Mail Express® Adult Signature O Registered MaiITM ASJult Signature Restricted Delivery O Registered Mail Restricts rtified Mail® Delivery Certified Mail Restricted Delivery O Return Receipt for Collect on Delivery Merchandise Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT" Insured Mail O Signature Confirmation "ail Restricted Delivery Restricted Delivery Domestic Return Receipt A. Sigrf@t X ❑ Agent ❑ Addressee B, -Rec d byArinted Name) C. Dat of Delivery �C� lit l Itr C.:w'lL vt D. Is delivery address different from item 1? Yes If YES, enter delivery address below: `g] No Service Type ❑ Priority Mail Express® Adult Signature O Registered MaiITM Adult Signature Restricted Delivery ❑ Registered Mail Restrictec Certified Mail® Delivery Certified Mail Restricted Delivery O Return Receipt for Collect on Delivery Merchandise Collect on Delivery Restricted Delivery O Signature ConfirmaflonTM Inci tram Mail ❑ Signature Confirmation Aail Restricted Delivery Restricted Delivery 10) Domestic Return Receipt m a tr a C3 O a C3 C3 Lii a • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ji zahe4-' r a' 1 71h15 CL icr0 III'III'I I'll ill IIIIIlllllllllIIII IIii III 9590 9402 5390 9189 0170 17 2. Articles Nnmtior Trone<<`- s_,.._ ___. 7017 1450 0000 9675 PS Form A. Signature Agent X O Addressee B. Received by (Printed Name) C7&of Delivery D. Is delivery address different from item 17 J yes If YES, enter delivery address below: o 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restdcted Delivery to Collect on Delivery m Delivery Restricted Delivery 1913 Nail vigil Restricted Delivery 1, July 2015 PSN 7530-02-000-9053 ❑ Prio-ity Mail Express© ❑ Registered MailTM ❑ Registered Mail Restricted Delvery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTn ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt Complete items 1, 2, and 3. A. Sig a re Print your name and address on the reverse x so that we can return the card to you. y Attach this card to the back of the mailpiece, P• eceived by4g�irited,Na or on the front if space permits. l,4� Article Addressed to: D. Is delivery ad If YES, enter Q i z o SOL % n+ VfOt ,(Mans Cc go540 Ii I I I III II I IIIIIIIIIIIIII II I III II I I I ❑ 9590 9402 5390 9189 0170 48 0 0 Artinla NI. m4-nr /Tmnn!^r lr.+m -. •%^^ 1..x...11 n 7017 1450 0000 9675 2040 Form 3811, July 2015 PSN 7530-02-000-9053 O Agent ❑ Addressee elivery 1 Yes. �w: • No .i 1 di rJl \�NUu 4J7 Service Type 0 Priority Mail Express® Adult Signature ❑ Registered MailTM Adult Signature Restricted Delivery ❑ Registered Mail Restricted Certified Mail® Delivery Certified Mail Restricted Delivery 0 Return Receipt for Collect on Delivery Merchandise r^ I^ ^n Delivery Restricted Delivery ❑ Signature Confirmation^" fail ❑ Signature Confirmation fail Restricted Delivery Restricted Delivery toveraouO) Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:46:02 AM SURFACE ESTATE 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. ttDmuyc 1 I Sl i ZZ Signature Property Owners Within 500 Feet of Parcel # 055110300014 Date Account Parcel Owner Mailing Address R8948792 055110200004 DEPLAZES PATRICIA APRIL 9120 N SAINT VRAIN DR LYONS, CO 805408200 R8948793 055110300011 MONTGOMERY JUSTIN G 21071 COUNTY ROAD 94 Lo + 14 CO 806509606 R8948794 055110300012 _____________________________________PIERCE, DVORAK DEVIN 21279 COUNTY ROAD 94 Lot- j3 PIERCE, CO 806509603 R8948795 01o55,1110300013 BASILIERE ELIZABETH D 21075 COUNTY ROAD 94 LQ PIERCE, CO 806509603 R8948796 055110300014 DEPLAZES PATRICIA APRIL 9120 N SAINT VRAIN DR Lo {-n LYONS, CO 805408200 R8963454 055110400001 NEUMON VIVA J 2924 WORTHINGTON AVE FORT COLLINS, CO 805265553 R8965670 055110400003 NEUMON VIVA J 2924 WORTHINGTON AVE FORT COLLINS, CO 805265553 R8965671 055110400004 SIMPSON KATHRYN S R8965671 055110400004 SIMPSON EDWARD D PO BOX 219 AULT, CO 806100219 Parcels: 13 Owner Records: 19 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:46:02 AM SURFACE ESTATE 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. 1911 Z Z Signature Date Property Owners Within 500 Feet of Parcel # 055110300014 Account Parcel Owner Mailing Address R0609886 055109000006 ANTHOLZ LLLP 5970 DRIFTER ST COLORADO SPRINGS, CO 809185249 R0610386 055110000010 JOHNSON TOM D (JT UND 1/6 INT) R0610386 055110000010 LESH ARLENE FAMILY TRUST R0610386 055110000010 LESH JAMES FAMILY TRUST R0610386 055110000010 LESH THOMAS (1/6 INT) R0610386 055110000010 PARFREY GAIL L (JT UND 1/6 INT) R0610386 055110000010 NELSON DOROTHY JO REVOCABLE TRUST 18933 CELTIC ST NORTHRIDGE, CA 913262352 R8948790 055110200002 DEPLAZES PATRICIA APRIL 9120 N SAINT VRAIN DR LYONS, CO 805408200 R8948791 055110200003 DEPLAZES PATRICIA APRIL 9120 N SAINT VRAIN DR LYONS, CO 805408200 Parcels: 13 Owner Records: 19 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:46:03 AM SURFACE ESTATE 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. Citnn tttMuD , Signature D1�1 Zz Date Property Owners Within 500 Feet of Parcel # 055110300014 Account Parcel Owner Mailing Address R0611586 055115000015 THORNTON CITY OF 9500 CIVIC CENTER DR THORNTON, CO 802294326 Parcels: 13 Owner Records: 19 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS 1/31/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 10:46:03 AM SURFACE ESTATE 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. (jftzzfflj £2a.•itotck zZ Signature �t1 Property Owners Within 500 Feet of Parcel # 055110300014 Parcels: 13 Owner Records: 19 Page 4 of 4 D EXEMPTK}MS 3 SUBDIVISION EXEMPTION , _ _ .f _ . s{l-- ..- PLAT IIaF ATKM rt ar OWracstn +*` !'S51- /! - 3 'tcx ' - 0'rs r0 TI±/ RA(U/ Dconass vat ca+ wont ss)Drats v.an d err tt t tan 35 afs) t - a t X37 PROPIRTY {Afte tti sheaf Mn f.t. 4grL.Vr pie zc._. Must 0'i m • • I .• i • •1 ._ a ••• _ • Y I - •..• t � t• 11• V • if -it •1 1 i • • 1 ! I• 1 . • •_• ... . I . f I ! 1 W f •i . f . • w • • i • • \ t . 1 r •+ Prfl (Mn.' rs .l "Vr d Agsn It Carr a Pests Powt lil raw" I wl;ii� flAtflP__M$P d 1sa DUD iWeld County) RJW W ALL IAA BY TEl8! PA!!!A'78, That GREG R. RZE%TS4 whose seeding sddrss-s, for purpcsts of this Dead, is 47096 County Road 33, H`.ra:aa. Colorado *0440. of the County of Weld, 8tat• of Colorado f-tyrargtor'F , for the considaratioa. of Tom. Dollars 4910.0,31 and other good and valuable consideration, in hand paid, hereby sell* sad coqt.vey►s to PATTY p. tttV38, whose mailing address is 204 7th Street 9!, )root, North Dakota 58701, of t e Comity of Ward, State of North Dakota $ 1Ac>rrarr"tee*? , the real property situate iln the County of Weld, State of Colotsdci. stitch is legally dea-cribr+d as follows r Those certain throe (3) psrceis of real estate which are legsliy described on lxbibi t OA* attached hereto and incorporated heroin by referebes. SR.9#.Clhkt4C, of l and unto represeatst ins. and srtaesals and mineral Sett. hereof and wh.ieb. the prarcei* of real e iintja3 flights. Grantor axpr*ssly excepts hi.elf. and his heirs. perso al assigns. forever, all Oil, gas, atd other rights which arm ornad byt Grantor on the are located in, an. or under the surface of state being Conveyed harebyt l Signed and delivordd this !1}> day of April, 2013. 3TATK OF COLORAt COSY OF WE;,D Jr ,Olfllb. foregoing inatrua.nt was ack-r.owledged betfore s►e this day of April, 2013, by G,R.1LEi R. pJ��rh'5. W'ISb'$.9a WY hrr.d and. official sal. cclssiaa tzpirnrjfntliZtii wflic C 3MI79' Pan. 2.42 44fl*'ntr is 2a m a Fr'. $Jf a t Fk 7ISS %p. ::v• .. Ma. i• .t4 laxly �M1 EXHIBIT A ATTAC1IBD TC AND MADE A PART OF TH't BktOkIK AND SIALY orrw SSTWXMN CY8(i P. RI[IrviS ( oGRArmit ) AND PATTY D. RlEVZS •... '_ ♦ r i. i 1/2 J County of Ws1d. State of CQioradio. iVacant land. no street address aasipasdJ S.ctioa 22; A1lJ County of Wald, State of Colorado. 4vsesnt land, no str..t address •ssign.dt PA.F.C`TL 13 r l+�rt II. .Zt� Ewwo 47..fl0t {�_ . tali 6th .�1. 3ecti&'ft 33t Stl/4J Cotmty at Maid. $Mate of Colorsd.o. (Vacant land, no street address assigned) DEPARTMENT OF PLANNING SERVICES 1555 N. 171h Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: mhall@weldgov.com Phone: (970) 400-3528 Fax: (970) 304-6498 October 14, 2016 Patricia A. Deplazes 8030 County Road 15W Minot, ND 58703 Subject: 4 -Lot Recorded Exemption RECX16-0147 Parcel ID #: 0551-10-0-00-008 Dear Patricia A. Deplazes, The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit one (1) paper copy of your plat for review by the Department of Planning Services staff. Upon approval of the paper copies please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven ($11.00) dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall be added for each additional 3 month period. Please contact me with any questions. Sincerely, Michael Hall Planner I DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Patricia A Deplazes RECX16-0147 Planner Michael Hall Legal Description Being the SW4 of Section 10, T8N, R65W of the 6th P M , Weld County, CO Parcel ID # 0551-10-0-00-008 Lot A Size +1- 6 acres Lot B Size +1- 6 acres Lot C Size +l- 10 acres Lot D Size +1- 138 acres Lot A Proposed Well Lot A Proposed Septic Water Source Lot B Proposed Well Sewer System Lot B Proposed Septic Lot C Proposed Well Lot C Proposed Septic Lot D Proposed Well Lot D Proposed Septic Criteria Checklist Yes No X I 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 A Weld County septic permit is required for any proposed home The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations 2 The applicant has proposed a well as the source of adequate water for Lots A, B, C and D Property owners are advised that the quantity of water available for usage may be limited to specific uses, i e, "Domestic Use Only," etc Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203 Phone 303-866-3581), to discuss each individual situation RECX16-0147 Page 1 of 6 3 The West Greeley Soil Conservation District has provided information regarding the soils on the site The applicant shall review the information and use it to positively manage on site soils 4 Prior to recording the plat A The applicant shall address the requirements of Weld County School District RE -9 as stated in the referral response dated 09/28/2016 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services B Lots A, B, and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40 L of the Weld County Code Net acreage calculations should not include future road right-of-way C Lots A, B, and C shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10 B of the Weld County Code Net acreage calculations should not include future road right-of-way D Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20 C 3 of the Weld County Code Net acreage calculations should not include future road right-of-way 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 5 Items to be included on the plat A The plat shall be titled Recorded Exemption No 0551-10-03 RECX16-0147 B A 30 foot wide joint access and utility easement extending across Lots A and B from County Road 94, 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 A 30 foot wide joint access and utility easement extending across Lots C and D from County Road 94, for the benefit of Lots C and D, 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 D All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00435) The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point E County Road 43 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 F County Road 94 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 RECX1 6-0147 Page 2 of 6 G Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50 E of the Weld County Code H All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number 6 The following notes shall be placed on the plat 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302 1 of the 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10 C of this Code 2) Any future structures or uses on site must obtain the appropriate zoning and building permits 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20 C 3 of the Weld County Code 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40 P of the Weld County Code 5) All structures requiring building permits shall be located within an area that has been released from the CRP program 6) Evidence shall be submitted indicating land has been released from the CRP program prior to the release of building permits 7) 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 8) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C and D have an adequate water supply of sufficient quality, quantity and dependability - 9) Potential purchasers should be aware that Lots A, B, C and D may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals The State Division of Water Resources issues all well permits 10) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter RECX1 6-0147 Page 3 of 6 11) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit The State Division of Water Resources issues all well permits 12) The property owner shall control noxious weeds on the site 13) The historical flow patterns and runoff amounts will be maintained on the site 14) 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 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program 16) 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 17) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 18) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever 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 RECX16-0147 Page 4 of 6 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 setting. Farm equipment and oil field equipment, ponds electrical power for pumps and center pivot operations, high puncture vines, territorial farm dogs and livestock, and op threats. Controlling children's activities is important, not only for the protection of the farmer's livelihood. in an urban or suburban and irrigation ditches, speed traffic, sand burs, en burning present real for their safety, but also 7. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit 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. 8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. 9. 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(a�co.weld.co.us. RECX16-0147 Page 5 of 6 10 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 Michael Hall, Planner I RECX16-0147 Page 6 of 6 Date 10/14/2016 Hello