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Home My WebLink About20220705.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RECX20-O038 - SHEN GRUBER 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 May 4, 2020, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX20-0038, and WHEREAS, the Board has received a request from the current property owner, Shen Gruber, 902 East Stuart Street, Fort Collins, Colorado 80525, to vacate Lot B of Recorded Exemption, RECX20-0038, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX20-0038; being part of the E1/2 NE1/4 of Section 11, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of thcse 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 Shen Gruber, for Partial Vacation of Two -Lot Recorded Exemption, RECX20-0038, for removal of Lot B, be, and hereby is, approved, subject to the following conditicn(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. 4811200 Pages: 1 of 2 03/18/2022 02 : 03 PM R Fee:$0.00 $@ . 00 CCPL(rP/NH )� RPPL . 2022-0705 Carly Koppes, Clerk and Recorder, Weld County , CO 3/29/22 RECX20-0038 mill �4ATMr+�'I�b'lA&1144 F •INMIll��'ah�Ll IA& 1I II PARTIAL VACATION OF RECORDED EXEMPTION, RECX20-0038 - SHEN GRUBER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of March, A.D., 2022. ATTEST: &,d1� G .X,Jto•�c. Weld County Clerk to the Board puty Clerk to the Board Date of signature: 4811200 Pages: 2 of 2 03/18/2022 02:03 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO II Nfolu N 'I 1 1 P 4� �+I OFAT'2110 rti W 1I III BOARD OF COUNTY COMMISSIONERS w EL COUNTY, COLORADO Sc K. James, Chair ikN�man, Pro -Tern Perry L. Buck 2022-0705 RECX20-0038 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Michael Hall, Planner Subject: Partial Vacation of RECX20-0038 Hearing Date: March 2, 2022 Owner: Shen Gruber Legal Description: Lot B Recorded Exemption RECX20-0038; being a part of the E2NE4 of Section 11, T9N, R67W of the 6th P.M., Weld County, CO Location: South of and adjacent to CR 108; approximately 0.75 miles east of CR 21 Parcel Number: 0453-11-1-00-025 Total Parcel Size: +/- 63.88 acres Zone District: A (Agricultural) Summary: The property owner requests to vacate Lot B, being the largest lot of Two -Lot Recorded Exemption RECX20-0038, recorded October 28, 2020, reception #4644999. This Recorded Exemption divided a parcel into an approximately 15 acre Lot A and a 64 acre Lot B. This partial vacation of Lot B would result in an approximately 64 acre unplatted parcel. Lot A of RECX20-0038 is not a part of this action and their access is not affected. No easements will be affected. 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 (Exhibit B) and the draft vacation plat map (Exhibit C). 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. 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. 2022-0705 Vacation of RECX20-0038 I Gruber 3/2 Page 1 of 2 RECX20-0038 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 Exhibits A RECX20-0038 plat B Vacation Request Letter C Draft Vacation plat D Deed Vacation of RECX20-0038 I Gruber Page 2 of 2 111111 �M'M�I. W gYSLLiNM WM9M'tY � II RAT NOTES: All pra0Oxa « ealalmq structures *I Or go meet the mllwn ..tact* and dlNt rsweVendrle for it* two divWt In Nnian the pcpwly N IUDIet Pmsuam to the d.Mlllbl OI suWck In Ire owed Caugy Cead the •pu✓M eetb*Ck d meaeur. Wain the lulws r19Pt-af-Loy Ire. • No occupSC DAOng o etructat data b <e,stuct.d within ILe-nand" (200) M1e1 of any Ids battery nthin are halveed nfy 0601 feel Of a e Ob w,d go, Lwnwa ar .,trotq teen er fl.. (25) fast 0f any D'9ged « a6andMgd oa din .yep ,SJ )] MIY NWre fruitu..0 of own an 11* most datum the Awawbto lamng and b, ding prattle. f) Lot A w new Pro is fan a fuhee land eaorpllw an occo d nce Win Section 24-8- 20.C I of the lad County C- 4) iM ;sign lot of ally rnaa" ...,rondo lady not be Iw train Muir P^. (SJ) W • W Wen appre.Ld by In Wand CPm•Y Bond of CywWwunrs In accw"nce with S.CtIa, 2d-5-a0.P. of We WW County Cate 5) Me wgrty 00 o Cpwato findl be reepmemle Ian cmVooing fro iwt •e d an the Nte. pu• ua, to C.tlmte 16• Article I wte I of I,. WMd County Coda, 5) WBa CWnly eon not , oc* Oploppinq "trims room .ern salstMq •ynl-ol."Noy o but to rdocale ..bong utoBln etnn It. •Oging County rgnt-or-wr 7) Acts w Ae "e read be manse" to mttlgale W) moods la the pbk row ncluaing damages and/n !fat. young 8) ln. occas aft M jIdng unmohloNE County rigl•-of-Lcy. MPnlnanp of Ine unmalMOndd Cw..ly •IQII-oI-wY rW nay be me renonsi P$ty cl inch County, 9) Pin to the 1Meau of bukdng Wmlts. Ue apwkant ion be FIQ Wt l0 slbnil J compNI• actin cowl<a ern 1w a praamnW.IV Wpr]RC OCcw I¢Otoi as WI}n On the plat 10) any ddn J1gl mov uccw y era d Mcw.ch ✓pct only CWnly f(Alle-Ol-.oy d nsrlwt 1J1d1 acaup• be ulp•ona R9ht-M-soy Use PWnil Whir to conmrlewnenl 1) the Ptloill 60a Patterns and ru+of am ants with Of maarlmn.d on th Plate '2) AN occOLa aid Patty "..matt. We a"Icatl 1« ttl Dneht of 0 can.,. of Nlt d"Ict" Or the Oct. nWdbp o.nrt of know lot. antic Nr.$ r. •wg>d..t al lot confynabm or Wmbr al Jean$. and •Moat Imtatil of Me un N nt•n.t/ of the use at Such .Irednwtt NO lot arc may n.t0II a gale W Many.. nhpede ilia ✓ot OI WCI " It imperial as wgjto d 01 W' tMne with rgP,t. Of JY of SIC, dnrn.L" IS) All •V+wune f"ueng u C&9 PAW to mint be aircraft .,Inn an on that aas tan ry..a c from Mn Cldu WOWdn ErderICc uIH to Ldmilin ndica1Wg IWi ht. fun •el"fn non Ine Offer rayon inner to its WWI" M bu Sq germu 'O) Pnoc :O' d.• rd•u.. of arddng psmris Ire [pwlcoa, WWI n It I stowed n o dooiirg'J•e Lot upm MrP Ma aj tang penm'1 .9 reew.l" with I.. buldpy punt gwlkatiOns U. Wqd dear Vcoo on sect. Ow0 WWI indade the In dsfprecia'• no R.woe Exempts numbw, 5) Pwnllo p✓t 0 4• thaNa as on. pot rsneealw may not meet dl dinar wow stodvds as a.11w4 by the Cd«a" Dgoilmnt of PaKHealth and Env.w.mwrt T e Wad Csnty'J..abnsm or PuwK 1•"Ith One EnNWmrt strongly rco rQq a A<M YWa to ant Ter wrlkilg .t. Wool to coN•'pt9• and CS OdKdly Inernryr 16) Pati l.a w,wMW. Whld 0a o"rs the' OWOW of Ire RKWWC EAdnplbr Pns not g.oract.. that wni o.,•rut .a' be 'au" rr In• Told Any lot ropy they �•m•4 an Gri O"1. it the lot aver A .icys a blour a .d pwml Th. Stnu Ta.gn of Wcte• peewee neat of .MI pwml e. I?) g.ro" E•wnpl'W. M "Ncv'1 WOprae may follow Ne vu. of cemgbnu etc In stint OI IM RSMan L.r"tcn Pro.,. Apwo,. of ln* pn«da E,.nphs ders not guarantee fpwa••O of future opwknlgn. W Jo -Wt root I8) 9•idny psv 11 WW be "tan•d sea to the camnar':as 01 Any OfddMq BvYdm9. Mal •ri$4 UPS d.IN8i1M of Pt. IS (,...pt Rugd,O Ow the rwurements b Sactlr 19-1-20 Wd Swtm 29-S-20.6.15 of the Mena County Cods �� not nerd goal Pwfnts nn(. 0 Catticole ar CWnoh nc. matt the fJ" LiM ine Psni,g Dgota l P,b an Mwlfkd sa/o wumbifrg pwmt is rays" an ay .ecOva srrJcs to Me buldng c# sour Is "ruing an Wdu(g of IIIBM<A W POM!) ) Budding Permits .nu" an Lis pcw. lots we n rtgW" to O % t to the In .butt ?. of the CWn(y Iffrod, cµ County -*4• Ro" Impact Fe. s0 MM". Impact in Pre2 -a 20) RILNI TO EAIRACJ WNERAL q[SQWCES STAIT(NT. Roo County hat " 01 was moral abundant mars reeou CM nd.Wn9, but ran Ianiln to..o,d rW ravel, eel. natwd gw, we col Una. lU. 34 of Ina ftlraaa Rsw.ad Statute mnrds we old rap rcn bw.wr.. (d) its State a :ommr: l M. o. deposits we -tW to it,, static •Co,a, (b) Mapmw* taunt.. ct M. state roc* a Wicker rait"• of rch d. plops: Wan (c) Yr d"O.II. WOUId 0e enrrt.d IX<Wdnq to a rwlro pba. cocain" to @vod AUM@ of wC1 de*Oallt wq Clan on, lent Wwlic@'e diwupOw of the analogy aid III of life of the chitin. or the gpubus ceunlln of ire stun. Wirxfd ra.Wrn l"0uyts are •Ynofwd thong rain the Co my aid ban.n maYng ,to then wM moat rwarllee the avqut i'.pact. alo.wwl. *L1 Thit 0.MISTe^I" Often hates few d resource •ties ve fu.c to V ak gsorwh.cd and gnpnysiM locations, Ms"•w, It. re"urn9 We protected property rights aid mNwd 0.1111 Should We mono" The Wpo,lwity to Mott two motors reeomce, 21) MEW ONJIT'lS Perini 10 EARS STATEMENT. Wind COWIy S MA of Ue moot Tomorrow awlwtwr coe,lles in the United Sleta.. Ipwd'y rs*nq n the lop Yn cmntn n the Potently in told mar sh. of CrcWlurd ono cts .ad. IM frd a•o at Wind Comfy may b sr and •9OCbus. but They we mlwM1•.y u.w Ian pglgllba. Personi moW1g to a turd W" mud .worth. Ord 0cc t Mwa of. araAOarkL Including csflow nM Iwg-nearing agrwlWra reAic.s we a lo.w I.A of sNe" thin An IWn. Along ash the dcnbo..• Corns the ne.U.n encn stt, t jibs d II.. a 10 feOate to fund ohs c, ,4es sppebu.yn, "earn lad. of city no.. we tangs..", aid the ru,d olnosphwe era any ot'na NtwW r•'rpwdg fallen those iwtwn .ti kn Ol$r Ct Wba dedlws in runs We County wwI •MAly be game Icrave. AyKuturW Pict w the and Wddd let De "wait" to ..0n9s their Iwq-..looted ortNWa rattle., to wYmlmoSata the nlN.vr of ,Lba' inn* to a rufol wan. W11 -thai agricultural odic'.. AW gMNON oft -ere 'mown mdwdng nth.. Wbm Uwlw. era enpmWti .me-mow,a farm ..nine• on nsal root dust front w n pins. two *Wk. Iranian and paw reeds, too Won Wind cwfnernrl. one eld ..sane .meta Yarn dud• br''ng 0.0 w1 mgaylW. nunlnq w%d t pug otM1in MO0tig sports. Iw•d hntO *1 o1Wwc •MA.: we tie a of nstcdu And fe.t w• n the fiMOs. Ndi d'.g the uN Or Of gmyifg, '1 It cainmm orMice NO "&acrd Wadrcws to utilee r xuknupticn of wpCJM1urd m@cnnany SW loath"" to cued N For ogw•'Iufd yarialf A cscrbolM of miw.9s"Js agricultural mats.. s Oman roducn a MU, diq.lty between at awe ato o,". Of ilia Covell S.CIW $5-S.}102. CRS.. words. that W WsvkNt.d fpSMbn shOl Prot be old to b• iwld nt.w¢s it W turd o6w au d to bs n r i m a Nc v kW o Plan r• In w w epe• w P a en S o0f ei. P )• 1 m t f wI . wodoi" .M Nam,a c ten. Ta k^a p a w cdn'n W e0Wa1 w"u t y Y ap Yetr be$ bun. aid cinema.. 1a ]d, Ma Pitt,an Me apkullao cwllmIty.. It N wM041fc to own. Ina'. dinar. sd r.•rvn* may thou he Irowc W1 of the *o of reIs4t,al dMlppmerr;. Mow moMaq 10 M* Cowlty. pra.ty owMs aid 'sndrts mast rnhn Ivey cannot tare w'e frown ,tooth.. wtche. In. w OM. .VXIs'n. Wb.. they ht. W Odnd:Olw rot to the 011 ba County cc e 0 and W" or oplo moldy rare n""td U.000) use mete n it,, Iwk. Me w. of the star* et D.Tds) dM mw. than trey. IhW"•d s.w. follows (3.200) men Of State Ord County fa"s wt.d• uT rylnic o,Iln, Th. WW magnlluw of the no 10 bs Mn0 $USIN•• Ow6ab. motto.. LG. Wwcernn.l i1 nano w fegsw to comdak'I. more Ins s pwrds Or In* fsnty. aid in* parallel rake mull be panel may delay aflCy rglhnt Pre'udng In rldctrl, w•bU .c.. Old Me FOS p otectin is uwdlf w OPN.d by w,t. s Lh0 most win MAk Pat sd bmoly 10 re.pwa to emergencies County rate 1"Ono molt.' bo DSic, They low alas", .J not weNw Me .on. *M of .yfsc epwts Mall 0 pod road shoe -en,o S wlwlb. m.W, That road. owe wbdl iepn• to ..canon• may not be d.nd Ian tens coy, after 0 naFw ra..tn'SWden n rand ,IM. In may wan. AS wt or "uicrl t) municip •ef,ic.•" Rurol. dwabrs nu.. bf nw.nty. w moue . r-wthcirt MW arbor aw Kfl, aw"1. per aw0..d to SPw.r1 hwWdf n the County MW n W jrbs w supurbw• nling. Fall pupmrt Al aA tw0 to 1"nl. Owd and inlgotbn dtchM .Ctratd Oaw for puwys Asia enter ,'vot c"lOn"e. high W.o 'c c. J ...J. a"1: n lost lfir Pv.o f n'- mills o Il etlxk Wit a to bumnq wbrl rod Mr"l$. , . . , lately. lot ratio lw IM WOIMIW OI Ue *anti • EXHIBIT RECORDED EXEMPTION NO. 0453-11-1 RECX20-0038 A TEAST fell W 111E NORTNEAST OU.V2IER C$SECTLEN ON 11. rOSNIP 9 wpt1N. Rffi 67 W 11 EST OE B 6111 P.M., Ng 0' IE COUNTY OF W LD. STATE OE COLOIIADO. .T. WCR 108 (YCIIS p T IPerr P way, {n e lY'r( IM1 Clair LYNTWDI w # font eye noy,I N wY E. r/16 Cvnw An s/ Lai. 6A tt 2'J Sec, 11-9-6] 'I 1�M ion J82N I I ' it 11 r.r d J/r lee (ILyf Mnew•) NN \ jl ]-J(C YMan — rots. 5wn.aJl LUO.OT YA•1--' — 1 -__---_ r N, t/11 Cans Iyy11 $M h_9 -e] 4Yw. rb.+lc IG C«era Ian L1 f.rN VC • (I StA uNwn) We s°r ••I® M Y.ne L erwl IM N W ( Sac. 11-9-6] tlrll I cep olio 1 -r /Y watt..' w mnY owe .ne ewvOi. «fie I W J/r IM (I -fl' uWo—nl NP 1 !� iPep A de: ti t lot n '.ca 4e Ms W. wee at I ]-1/Y du ,a nm m . e erw ein .n I.ca . 0&.dw.LT w p1A]ep]d VICINITY MAP • ave. W e to, wen of �` ..R Y.repIM Id jJw2d ' � SLW I = 200D LOT A 1 I I 15 / IOM e< (P ) ' I ` /1 MWT✓ IS w51 ` wi Mlq$']JY 1JAY .y ✓y as fIN r Rfl (d tin n— I Swill IM (L4 rna L rI0. r1S.1 j Ie[m 111 p. urn M I loWw•b. tJWb �I TAI .TEM.w Lit_a 1• l 209 Ii I s • -...d • i . fl ern V>m Ls 1MXn JYl Ip late MNI - L. iV.n. Ip i-IL I 17 W PRCPEREY OESCPoPIwN1. P l e V 8 The 1I •+@l' o II,. Nwinnel OuORM of SKCN •1. Tolmonq 9 N«Ih Ratlge 6] Ww or U.S 0 n 4 M1 I sin P Y Girt' Q! We'd, Sncta u( Wbf"a. 'P I ag ;y I PR0PEREVOW &R9'CERTWICAIE: LOT 9 U p. AC (M 11 L• /s n QIV r• LT'. 11 Comer r o Found L4 tee WJ'C.n'rlrP rea.l .m• 1..1/Y Nu•.Oa..n M kn 3r. uy RY 1/a S.C. . i1 -9 -6I9 -5t rend 3/r •top (!44* ,nyon) •.. // (C> Lr 2-1/Y wmhan w nrkye0 Eon of est vlq l w MY savory va pot Or eawm" bairn DI Scum q 0048 S wen w M. Eoa1 vie al Ma NerRaalotsl Ourtr at Swtw• It la.ndap i NWM. Rd1gw 67 Wal. Nwulnwllaliw OI wN Ina aA Mott IWeW 2) According to Cdoo4o Pow pu most cP Pace W'y N9d CCllw aoua an Into Wn✓ey sItha Ibn own often you wwOan wN defect i no slant. may any ocbo, based upon a') defect m this wrpy be cammWwd late than an yews Ifwn Na dote Of Of rwlf oIia' *hoe, n"e"ed 3) • - St N. 4 rein (IBS long) With 1don.wt ran Onik COO mdkw IS 30.62 D - Set No 4 r"., (I6 IWg) wall, I. dgnet. •ed Wasik c" mock" IS 30462 at SDI Csnly Row R.rlt-ol- At A0. Set No. .'tool (16• Lag) it, di«nnr red plastic _w may" LS JOA62 01 b.DD Auer EO*•mrt • - CaDltsted Pont, Did not ..l Or The - Ap eonnn'a IOCGt or, al e.mtng AriµlWd/RseNWLO access pant AG/RES ©. Apo, a., ApP itwd/R*adw4d wun wet. AO/RE S E 1/4 Cvnw- I Sec II_p-0) re lit •ants Item rrrw) a I 3-1/1 aa•'Yys.• only wtY* I.. a'1n / u e�l v r I r— L weer 5 S.c. II -9 6 •Pea Y yF fl.* u.OW N 3-1 P J-nIt d++,+P• "'wen.. w.. the end rwgnea. Doing rely a. awnwe n t.. d Ina caaVe analpsa wW.ty. To PW0/ Wdirbe Ine aimn Mons end attached map" We Pndanlire Ih9 P'ts t, a located n par Arlcunu•d ion Crblu a" A din Monsantol0 p•u.ge wan rn In• cmdrer of WIPM ,ran by 'ignl, e[cn"ry Pined Wit one by 4.CCI rfVn. ..lain Wj Gru u. ORLILIYS ' IpWIW/IILL .Meo dAOWMp __ -- 9'r 6'11 By 9' eta.- t rTA1 State or CowOw I 3es County of WNa The IWgo.ng n.ltwma,t *otn odoi Jgcd b•Ipm• Ie • e t�J( l• L_ _ any 01 �d.LY 2OLR n M. L- L • •S - LL.T- canon •..ern'. Alice. my Naito and ONKid SAW S..._aPi:L_____ Nola', p.M'c OWARMB6ECP PLANHN08BIVfl ADM126SW1NE WWmRCATE IDe plat A ac<WIe] ap M 0y Me omwtmmt of P lannng $w.ma Ian flying .. - Died.. Ogartmwi of Plan,...y sr acct Stale of COWWc ) l Cowry O1.tlt. Th. fw"an9 ^Mrum.t y asccung,l gn b.¼.me this dY 01 A/•I�lel '^ My co^uo+ akn 1 pllQy MI,n my none mid Offcyd Sail )TYER•tajc gDV2dpL9JC FW OERAOL'Q]I P.bLlcM1y ID2b2=. holy. Plano Ion h^r UNE LECE2ID . Bsne«y Lane / Lo l Late - EOWnwn1 LnO . Rrrrt of Way Lbe" - Ctlstarq Root Swan z a- 1 O U 61A W El p19 CEMIEI()AIE'. RM a 6 I. ' y c Jain St.rge the a ReV*1.*a Relnb m I pat 50 ion n Ine Slot. of CO«adD, CO n I n.wy cattily that 1 wwy '. on occ 0y U, plot .a. maw on0,r my p.srtf wroid, aid fiat flu, 1 is w wculaa r s plot wfey.r.blkn :nNeol I Wrlhw cMl1y That lee yMpWa nl ttoeo aid MA Ofll c 0f R.q with al TOp Ofla rule, ••rta.pns ro Ion Of S L nd of Scant on $Mb 8 it ( of Ragpl.alw. frc Proleafim6 Engr..rs and RelnLmY Land win. n SufNlws. d11d 1Wd COJn1Y. �9-" ic _ `ryP1XM1fuoftr N[: 1'. roll M1T U. UND 41RYEOfANG, ye: ge96e YPf 1301 N. 0.' d An. ro q '.an a; LOW Wd, CO 6053] 920-66S-g5t6 1 ^ 6DM2Ill SIO,M JOw' 51,'c. Cab LS WA62 ahn]FMI 'lips Ol i Jot.. 0�fT ^term. w,..un 1 i S \ 1 C6MPWNT RECR February 2, 2022 Michael Hall Weld County Department of Planning Services 1555 N. 17`h Avenue Greeley, CO 80631 970-400-6100 Re: Partial vacation of Lot B, RECX20-0038 To Whom It May Concern; EXHIBIT a B a With this letter, the Applicant formally requests a partial vacation of the above referenced property per Weld County Code, Sec. 24-11-50 for purposes of possible future 35 acre division and optimal alignment with existing wells, access and electric power. This property was created by Exemption Plat on October 28, 2020, is the largest lot of that exemption and is larger than 35 acres. Weld County Road 23 adjoins 2,118 feet of the east property boundary. This current access to that public road right of way will remain without change. The subject property does not, and if approved, will not "use any access easement across other lots within the exemption plat". Existing improvements include fencing and a domestic water well permit number 310799. Thank you for your consideration, Shen Gruber, Owner 902 East Stuart Street Fort Collins, CO 80525 303-506-3374 grubershen@yahoo.com Qr75rr:3 VACATION OF LOT B OF RECORDED EXEMPTION NO. 0453-11-1 RECX20-0038 p O o SITUATE IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 9 NORTH, RANGE 67 WEST OF THE 6TH P.M., Wald COUNTY OF WELD, STATE OF COLORADO. EXHIBIT wCR MI rSITEIrclw IW WW1 a 0) Nt %N (Hal CgM1V waVM D)30fontI1ew star 6fNnM. 273 Sn.11-o-6)-- e�A«rrM YPYA#1 I I xwN ]n' ..e (Nryln .Niyw) .en ]_]n' aunwun cte ml,«— — — fr']YL•L ]n66T — — — I — IIOIM =- -- 5awz2 'S! — ' J L -- --j LL N 1/l, Corner } - - — — NFIi FY) Sac fl -9-87 I NE Cwnw ® ®la Fall 3/I. 1" (wr]rn •when) Md L]y won [mmanl fill n IM III 5w. 11-9-qJ Yr0 I r •x-I/Y ywaa a« maw«. [- Page Chew POs Die an4: 1 Flow 3/t- r.p IIucP •wall eon xa' Dart Eea. ]wme11 AW . laew wm I9. ]Mt .1 ]-In aMr.nan w m.MA I �dl WONITY MAP f0 rM nt N 10__•_•• plo bg11n 14 «]ON ,n__ nNO lO fait of eget. I' .'A6V tae •PN I tnpl4n MP yrr6 IIdd I n nu LOT A OF RECORDED EXEMPTION IIIw e e I- I NO. 0453-11-1 RECX20-COX II I.y IgRiZpNTAI SCALE I -=2W' (Ml A FM) Ot MS FA L e.GTION* Ili I LFw JOAN eel me In wr.aasn ISO r ]-Yt box Fat 1 ry w' p(A IM Oe LOT B OF RECORDED EXEMPTION NO. 0453-11-1 RECX2O-0038 VAuno nay a•LLunw n ear rte WRa Of tl]YNr NaWNII[t5 OF earn OMI. (@3.sGees) (neat Aare OF) E� e -t Pr na CE 1/16 Corm SK n-9-6) Fat 3/4- roils (3.l, h minun) with 3-I/Y auwem we matt A ,E NM1Y']lY 1314_04' I �1I� NIBIOl '9 C . 411 Cwnx W o Sae. I /4- -67 new Fall 3/e raga tip u.....) awe o rw m ]-1/f ,YrnMunr ranee a. GENERAL NOTES: 1) Basis of Basin" Ion this wrwy we bond an an aewm.d b.ona of Seulh "2943 east on the East lint of the N cl, cst Quarter of S.etwn Il. Toward, 9 Mor h. Range £7 Wet'. MpnlmenlatIan of win Ine as shown nxeon 2) Accwdno to Cswodo low al most cammwcv any legal action bawl an IhS WMY w11An Ihrn y or. ails you discover &J[dtt ct In no vwnl. nay any agbn bond upon wy defeat in Inn Puny be cammwcsd mwe than Ion ]ears Mom Ine ddlo of the cPBlkaliw Mean hereof'. 3) 0 - found No 4 rabdr 116• long) all I- dlpmeler red plastic op nwk.d LS 30462. O - Found No. 4 floor (16' Iwq) with 1- di meter red plostk cap mwIN LS 30462 at W' County Road Rghl-of-Ray. AO • Found No. 4 rlow (16J long) with 1' dbmeler red plastic cap marked LS 30462 at 30.0 Access Eewmwt. e w Colculled Point. DM not set w find. • Appr"Imele IKation of dosing AgrIcullwa/Ra.Mwlil acces polnl. AG/RES PROPERTY DESCRIPTION: t That portion of the East Ndl of the Nwlllwd Quarter of Sectaar It 7omKY 0 Nwlq Ran" 67 'Feat Of the 61N P.Y.. County o1 said. State of CNwWO, being more particularly d. crib d os Initial Conatlwlrq IM East IIM of the Nwlhntl Quatlw of eon Section 11 as bearF9 Saulh W'T94Y *Yet and with all 6swN9e canlained heart Mouh, there(o. Beginning St the Ent Quarie came of and Setlbn H. win Pok11 SW being It.. Trip Point 61 c•- Begmmnmtnwn Mona the Seam He of he Nwlnnw Ouwte Of sea Sohn IL Nmh 69 0s' 27' — 1 Beal I3 496 Ina to the Cents, Ent Selewlh cwnw at mid Section n: morn long the east lime of It,. East Fill of me Nwlhent Qrwler of saidecon wrSti11. Nlh 20 OS' Lost 2113.10 M) C. R trot la It,. Seuln.nt Carrier at Lot A of RKwdw Esempibn No 0453 -It -1 RECX2O-DOa pence N .T dwor]F9 the Reel the of the Ent Hell of the Nwth.nt Quarter of WM Section 11 and don0 IM Fy a South Ine of and Lot A, Sdrlh M' 22 53' East 1315.35 Ina Io o Ponl on the Ent line of One V E a d Northwest Qlwie of min Seller, mid point bang IMW 6lhwsl Cainef ne win Let A. intro .° ] t. $_n illano IM Ent line 61 IM Normons ouwle 01 win Seldn If, Smin OO' 29 43 Rwt 2115.62 °_ 50 Iwl to the Trve Point of Beginning W-- Sit pocrs BS83.88 wru, more or lea, and it wb]wl to all isting wnmmis Ond/or right, of nay record. of IB ri ' B PROPERTY OWNER'S CERTIFICATE: I (1]e). Ine uldeslgn.. being the ease owners n In of the added desttlbn pap.tt do nxny pwtSny act. IM Ird dl"w plot of 'nerd, rote wcegnl]W ae on unplotlsd Irod of 1owd. 0.ne' Slen GUOe By. Shen GuOe Slots Of Cowado County al w10 the IwIeing nMrumWt an nknwledq.d pylons me the do or 20 I- tanmiwnn wplf" OIIww my Mew end OllkpM Sell NOIWY PUMIC BOARD OF COUNTY COMMISSIONERS APPROVAL: E. 1/4 Cwnw/ Sec. I.S.-S7 Frt 3l,' c. (Wm •whew) an 1l,' auntuen no met«. al "ie BI xqw 7 rw N P of w Mite SE. Corm Sea. I1-9-67 ]and r W en Eiah u c I —t enn 3.- /4' 1anaw nual, mare" /4 LINE LEGEND: e Bwndory Cne — — w Enemwl the Right er any Line - Existing Rod Surface ml. Pxtdr location Plot Is operated by the Bowed of County Cwnm'nMnes of Ind Ceunl Y. State of Caw— Nlln.n My hand and me cwpwme .al of Reid County IM. —say of 20— CHAIR. BOARD OF COUNTY COMMISSIONERS ATTEST 'Rid Cony O.rk to the Bcwd Oak to the Bawd Dote SURVEYORS CERTIFICATE: I, Staew John St.a&, a R. 1SInM Profewwol Land Sumner n the Slate 01 Castello. tlo n feby cMlly that the purely represent" by ini sat on made ands my pawns WpwMNn, will that Was Mal d on aturtte infantilwian Invest I Witter ratify Thot the Wray and Ihd plot canplln with MI applicnY rust, rpulotIont and Ins of the Slate of CMwww. Slate Board of Registration Ia Professional Engrave and Prelemlmo Land Surmness. and Weld County. FOR AND ON BEHALF a: INTERMILL LAND SURVEYMO, INC. LWI N. Clenwd An. Laueland. CO M53J 970-660-0516 51ewn bhn SImcti Colo. LS 30462 t e I MPPSNV PFLngnFI perupilnu W n(A_Il_I Per T J: J` 043 SE LWI z r M M I I alas I!! NE3 mmns w, a ".Wan ear_ WV aCY4 1- J ]dY F -17W P-1 P7 -$3$O Ml 1 (20-W]6 VACATION NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing The cost of engaging a court reporter shall be borne by the requesting party In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631 E-mail messages sent to an individual Commissioner may not be included in the case file To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DATE. March 2, 2022 TIME: 9 00 a m APPLICANT - Shen Gruber 902 East Stuart Street Fort Collins, Colorado 80525 REQUEST- Partial Vacation of Two -Lot Recorded Exemption, RECX20-0038, for Removal of Lot B LEGAL DESCRIPTION: Lot B of Recorded Exemption, RECX20-0038, being part of the E1/2 NEI/4 of Section 11, Township 9 North, Range 67 West of the 6th P M , County of Weld, State of Colorado LOCATION: South of County Road 108, approximately 0 75 miles east of County Road 21 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED February 18, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX20-0038 Owner Address City State Zip THOMAS AND TIFFANY HEIT 807 5TH STREET KERSEY CO 80644-9788 SHEN GRUBER 902 EAST STUART STREET FORT COLLINS CO 80525-1553 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RECX20-0038, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 1�8-th�day �� of February, 2022. 7 Janet M. Warwick Deputy Clerk to the Board CO U, m U, N U. ❑ Return Receipt (hardcopy) $ O ❑ Return Receipt (electronic) $ O ❑ Certified Mail Restricted Delivery $ o Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ D Postage Ln$ Total Postage and Fees r� as Postmark Here a - t8-aa E C C Q a) Z. Q) Co> N <<O ❑ ❑ 1—,d a, U a) I!!] N Sent To ' I \\ff o O StreetandApt.No.,orPdBozy o. - --" l --------C-- > N o ----rte----------_S---(Gs.#-------------------------- . Cl) o E City, Stale, ZIP -i4 CO--" --- --- L e.c LA— —onC�a n :.. r . ..•. - , 0- O i 0 N U Y E 9 C1 t4 C U a • E E ro ro C o N 0 * -C • a s ' m E C CO O V 0 O u ctod< J . nn m N D O Ui rR rq O jci vn.ca a reel lcneck box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ Postmark ❑ Certified Mail Restricted Delivery $ Here ❑ Adult Signature Required $ ❑Adult Signature Restricted Delivery $ a- l8- as =et and Apt No., or PO Box No. - State, ZlP+4 a- ---- --- )1* Co111ns. CO F365a5 - 1553 C C) aQo II ''D ❑ u N 2 d x m O 00 C-. r a) O Y ^— E .0 O N w C C -O T� ro V > n,>` W W ct a) C > W N r 0 = 0 0 (e N Y Y of cc _ > m m a _ c c— N woo0 N a) O > U ''J C O .c m owe O)— « a) L a) C m O) N o- cc mO Q2rn d)Q ❑l7❑ 0 ❑❑ a a O O -O D V o N 0) C Q L. N W ) N W Q H Y m Y m m m o❑-- C U_ c O0t- c C oC. c V'gyp u (IJ dJ U U N Nd r a. ._ ._ Q) L L tr N N (n -a V N N O O QQUUUU SS ( Li-) 7r 10 m m Ln —m Q) N .y O = E. 00 N o In O CV O ri V G M ro O C O V N Qa N N d a L N N L, T Z 2 o EEa. a) X Fc'a Y w c RRo �0 vn CL -LW o O O)t� V CC O C m WC) 00.2)2)0) art¢o¢�cncn¢ ❑❑❑ ❑ or: O d > -o Q V OV YY C) Y N rr N ' w a N N N Q woo Q F— •1 C C C C00 cC .V U7W Y Y W W== S N O J J r i-- SD (n ca) a) O O N N Q<UUUU55 4-4 U C X IY N a) O CO to 0 rn 0 0 0 N 0 0 0) LO N - z Cl) a «) O O1 CO E 0 LJ a) V a) Ir N a) E 0 ( ll I rR to U S co CO lf1 - 0 CO m 0 O 0 CO o w £2N9 C — - X (� o u aim v E y __ L O E 0 a m M - a) .�' _ N u-) E— O r i - - c\'0Q___� p No cc > O C r ro U U p N , N T a) rn f C Q C) n T .1 J v Z Ct) s o __ILL f U- c a WELD COUNTY COLORADO LAND RECORDS 2/11/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 11:25:29 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. Uasin .u2tw� ci =Z Si 12 Signature Date Property Owners Within 500 Feet of Parcel # 045311100025 Account Parcel Owner Mailing Address R4723607 045301100007 JAMES KELLEE C R4723607 045301100007 JAMES JOHN A 11534 COUNTY ROAD 110 CARR, CO 806129001 R6786689 045302400001 RECK LAURA D 7150 STATE HIGHWAY 392 WINDSOR, CO 805503017 R8960080 045311100020 FRICK ROGER MARTIN R8960080 045311100020 MORRELL DEBORAH KAY PO BOX 398 WELLINGTON, CO 805490398 R8969009 045311100024 HEIT TIFFANY E L R8969009 045311100024 HEIT THOMAS J 807 5TH ST A- KERSEY, CO 806449788 R8969010 045311100025 GRUBER SHEN A 902 E STUART ST Loa- Th FORT COLLINS, CO 805251553 R8960083 045311400023 GRUBER SHEN A 902 E STUART ST FORT COLLINS, CO 805251553 Parcels: 8 Owner Records: 11 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS 2/11/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 11:25:29 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. Signature iI ItL Date Property Owners Within 500 Feet of Parcel # 045311100025 Account Parcel Owner Mailing Address R0313586 045312000006 WHITETAIL FARMS LLC 10829 RIST CANYON RD BELLVUE, CO 805126205 R0313386 045312300004 WHITETAIL FARMS LLC 10829 RIST CANYON RD BELLVUE, CO 805126205 Parcels: 8 Owner Records: 11 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS 2/11/2022 AFFIDAVIT OF INTERESTED LAND OWNERS 11:25:29 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 frcm the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Vl l LL5 a,Lc` 1 c, 2_f I Signature Date Property Owners Within 500 Feet of Parcel # 045311100025 Parcels: 8 Owner Records: 11 Page 3 of 3 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE DATE RECEIVED PLANNER ASSIGNED PLAT INFORMATION Title of plat to be vacated Rr�cx' 20 — 0V 3' S 11 T R 67 ®Complete Vacation (must include all lots) Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated Lot Parcel Number Acreage Affected Easements o9S3�L o®ooi.. 63?' N°N�� PROPERTY OWNER(S) (Attach additional sheets if necessary) Name S I1( frIu03 tk Company Phone # *3c, —SO _ 33?N Email GR�l3 ;3ffN e Y G®ivj Street Address . S'ru&lei S< City/State/Zip Code FpRi coves (5 LO row APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent) Name Company Phone # Street Address City/State/Zip Code Email 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 SI�IEN &WaER Print Owner or Authorized Agent Date Signature Owner or Authorized Agent Print Owner or Authorized Agent Date 7/20/2021 PLAT VACATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS DEPARTMENT OF PLANNING SERVICES 11555 N 17TH AVENUE, GREELEY, CO 80631 www weldgov corn 1 970-400-6100 1 FAX 970-304-6498 APPLICATION SUBMITTAL REQUIREMENTS Application form (See attached) Nk Authorization form if applicant or authorized agent is different than owner (See attached) Incorporation documents if the owner is a business entity (LLC, etc ), or trust documents Vacation Request Letter The vacation request shall be submitted, in writing, to the Department of Planning Services and shall be signed by all owners of the lot(s) to be vacated The vacation request letter shall describe the purpose of the vacation, any existing improvements, and any / easements or rights -of -way that may be affected Deed or legal instrument identifying the applicant's interest in the property Draft exemption vacation plat meeting the following requirements 1 The plat shall be titled "VACATION OF LOT [X] OF [original case title and number]" 2 The plat shall contain a complete and accurate metes and bounds or aliquot legal description of the parcel that is vacated from the Recorded Exemption or Subdivision Exemption after the vacation is effective 3 The vacated parcel shall be labeled "VACATED ON [DATE] BY RESOLUTION [#] OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY " 4 In the case of a partial vacation, the plat shall depict all non -vacated lots as still existing within the Recorded Exemption or Subdivision Exemption 5 The plat shall contain the certificates found in Appendix 24-G of the Weld County Code A PROPERTY OWNERS CERTIFICATE I (We), the undersigned, being the sole owners in fee of the above described property, do hereby [partially] vacate the land division plat of record, row recognized as an unplatted tract of land (Signature) (Signature) Typed or printed name Typed or printed name All signatures must be notarized in accordance with the Revised Uniform Law on Notarial Acts, C R S §24-21-501, et seq B BOARD OF COUNTY COMMISSIONERS APPROVAL This vacationplatis approved by the Board of County Commissioners of Weld County, State of Colorado Witness my hand and the corporate seal of Weld County this day of 20 CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST Weld County Clerk to the Board BY Deputy Clerk to the Board Date 7/20/2021 4651248 Pages: 1 of 1 11/16/2020 10:40 AM R Fee:$13.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO _ill lilt QUIT CLAIM DEED THIS DEED made this �day of November, 2020, between Shen Gruber of the said County of Larimer and State of Colorado, Grantor and Shen A. Gruber whose legal address is 902 East Stuart Street, Fort Collins, CO 80525 of the said County of Larimer and State of Colorado, Grantee: EXHIBIT a D WITNESS, that the Grantor, for and in consideration of the sum of ($10.00) Ten Dollars and No Cents, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents do remise, release, sell, convey and Quit Claim, unto the grantee, his heirs, successors and assigns, forever, all the right title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the Weld and State of Colorado, described as follows: Lot B, RECORDED EXEMPTION NO. 0453-11-1 RECX20-0038 recorded October 28, 2020 as Reception No. 4644999, being a part of the East half of the Northeast Quarter of Section 11, Township 9 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: 52966 Weld County Road 21, Nunn, CO 80648 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, his heirs and assigns forever. The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITN WHEREOF, the Grantor has executed this deed on the date set forth above. Shen Gruber State of Colorado County of/' , j . The foregoing instrument was acknowledged before me this day of November, 2020 by Shen Gruber. my han6J and officiaj.teal. My commission expires: MARGARITA MEDRANO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014035678 Commission Expires March 19, 2 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW EC�p�r7 Applicant: Shen Gruber RECX20-0038 Planner: Michael Hall Legal Description: E2NE4 of Section 11, T9N, R67W of the 6th P.M., Weld County, CO Parcel ID #: 0453-11-1-00-002 Lot A Size: +/- 15 acres Lot B Size: +1- 64 acres Water Source: Lot A: Well Permit # 310797 Lot B: Well Permit # 310799 Sewer System: Lot A: Septic # SP -2000039 Lot B: Proposed Septic Yes No X X X X X X Criteria Checklist 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. If residences or structures requiring water and sewer are constructed or used for the proposed lots, Weld County On -site Wastewater Treatment System (OWTS) Permits are required for septic systems and shall be installed according to the Weld County OWTS Regulations. 2. Prior to recording the plat: A. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. B. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.8 of the Weld County Code. Net acreage calculations should not include future road right-of-way. RECX20-0038 Page 1 of 6 C 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 3 Items to be included on the plat A The plat shall be titled Recorded Exemption No 0453-11-1 RECX20-0038 B Show and label the existing and proposed access points and the usage types (Agricultural, Residential, Commercial/Industrial, and/or Oil and Gas) Public Works will review access locations as a part of the plat submittal C East of County Road 25, County Road 108 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road If the existing right-of-way cannot be verified it shall be dedicated The applicant shall also delineate the physical location of the roadway Pursuant to the definition of setback in the Weld County Code Sec 23-1-90, the required setback is measured from the future right-of-way line This road is maintained by Weld County D West of County Road 25, this section of County Road 108 is an unmaintained section line right-of-way The applicant shall verify and delineate on the map the unmaintained right-of- way from the lots to and including the connection to County Road 108 at the intersection with County Road 25 Reference the documents creating the right-of-way All setbacks shall be measured from the edge of right-of-way This road is not maintained by Weld County Any unmaintained road needs to be located/identified in relationship to the right-of-way Show and label the section line Right -of -Way as "CR 108 Section Line Right-of-way, not County maintained " E South of County Road 110, this section of County Road 23 is an unmaintained section line right-of-way The applicant shall verify and delineate on the map the unmaintained right-of- way from the lots to and including the connection to County Road 108 at the intersection with County Road 25 Reference the documents creating the right-of-way All setbacks shall be measured from the edge of right-of-way This road is not maintained by Weld County Any unmaintained road needs to be located/identified in relationship to the right-of-way Show and label the section line Right -of -Way as "CR 23 Section Line Right-of-way, not County maintained " F Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-70 E of the Weld County Code 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 occupied building or structure shall be constructed within two -hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well RECX20-0038 Page 2 of 6 2) Any future structures or uses on site must obtain the appropriate zoning and building permits 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20 C 1 of the Weld County Code 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40 P of the Weld County Code 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way 7) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking 8) The access will be utilizing unmaintained County right-of-way Maintenance of the unmaintained County right-of-way will not be the responsibility of Weld County 9) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat 10) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement 11) The historical flow patterns and runoff amounts will be maintained on the site 12) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements 13) All structures requiring building permits shall be located within an area that has been released from the CRP program Evidence shall be submitted indicating land has been released from the CRP program prior to the release of building permits 14) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications The legal description on such deed shall include the Lot designation and Recorded Exemption number 15) 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 16) 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 RECX20-0038 Page 3 of 6 17) - Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties 18) 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 19) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs 20) 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 21) WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S, provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production RECX20-0038 Page 4 of 6 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 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 an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed The applicant shall be responsible for paying the recording fee 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 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 The applicant shall create and record deeds for all the newly created lots, deeds shall include the legal description of each lot and the reception of the recorded exemption New deeds are required even if lots will remain under the same ownership Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title RECX20-0038 Page 5 of 6 By Michael Hall, Planner II RECX20-0038 Page 6 of 6 Date 05/04/2020 Hello