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HomeMy WebLinkAbout20221209.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX17-0139, FOR REMOVAL OF LOT D - BRIGGSDALE ENERGY, LLC, C/O ST NOCO ACQUISITIONS, LLC, C/O TERRY YOUNGLOVE 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 2, 2017, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX17-0139, and WHEREAS, the Board has received a request from the current property owner, Briggsdale Energy, LLC, 1381 Fountain Lane, Erie, Colorado 80516-7114, c/o ST NoCo Acquisitions, LLC, 39 South Parish Avenue, Unit 3, Johnstown, Colorado 80534, to vacate Lot D of Recorded Exemption, RECX17-0139, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX17-0139; being part of the SE1/4 of Section 13, Township 7 North, Range 63 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Briggsdale Energy, LLC, c/o ST NoCo Acquisition, LLC, c/o Terry Younglove, for Partial Vacation of Four -Lot Recorded Exemption, RECX17-0139, for removal of Lot D, be, and hereby is, approved, subject to the following condition(s): 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. 4828479 Pages: 1 of 2 05/18/2022 11:08 AM R Fee:80.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII Iirdl ILA aI� I��M �IhM li ��'�L� E'J tiIL lY�h �I II CC: pl.(rP/c6), APPL APPL. REP. S /25 /22 2022-1209 RECX17-0139 PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX17-0139, FOR REMOVAL OF LOT D - BRIGGSDALE ENERGY, LLC, C/O ST NOCO ACQUISITIONS, LLC, C/O TERRY YOUNGLOVE PAGE 2 2. As described in Section 24-11-50.G of the Weld County Code, the applicant shall provide proof that any easement holders' interests have been satisfied, with one of the following: A. Provide written permission/consent from the owners of Lot A RECX17-0139 and Lot A of RECX17-0140 to continue to use the 30 -foot Access and Utility easement delineated on the recorded RECX17-0139 plat. B. Identify a proposed access point for the vacated parcel onto County Road 80. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of April, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD; OUNTY, COLORADO ATTEST: d/,) J41144 Scott K. James, Chair Weld County Clerk to the Board / County orney Date of signature: 5/I "1/2- 4828479 Pages : 2 of 2 05/18/2022 11:08 AM R Fee:$0,00 Carly Kopp., VIII�� CO P1cr+all0:I 1hi is 1411 II 2022-1209 RECX17-0139 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To Weld County Board of County Commissioners From Chris Gathman, Planner Subject Partial Vacation of RECX17-0139 Hearing Date April 27, 2022 Owners ST NoCo Acquisitions, LLC, c/o Terry Younglove on behalf of Briggsdale Energy, LLC Legal Description Lot D Recorded Exemption RECX17-0139, being a part of the SE4 of Section 13, T7N, R63W of the 6th P M , Weld County, CO Location North of and adjacent to County Road 80, west of and adjacent to County Road 73 Parcel Number 0713-13-4-00-029 Total Parcel Size +/- 128 08 acres Zone District A (Agricultural) Summary ST NoCo Acquisitions, LLC, c/o Terry Younglove on behalf of Briggsdale Energy, LLC requests to vacate Lot D, being the largest lot of Four -Lot Recorded Exemption RECX17-0139, recorded January 17, 2018, reception #4368412 This partial vacation of Lot D of RECX17-0139 would result in an approximately 128 acre un-platted parcel Lots A, B and C of RECX17-0139 are not a part of this action The RECX17-0139 plat delineates a 30' access and utility easement that crosses Lot A RECX17-0139 and Lot A RECX17- 0140 to be utilized by Lot D RECX17-0139 and Lot D RECX17-0140 in addition to the Lot A's The existing physical access crosses only a portion of the delineated easement and does not continue to the Boundary of Lot D RECX17-0139 Per Section 24-11-50 B of the Weld County Code "No property resulting from the vacation may continue to use any access easement across other lots within the exemption plat without express written consent of those lot owners Lot D currently has 1127 8 feet of frontage along County Road 80 (a Local Road) and 2629 55 feet of frontage along County Road 73 (a non -maintained Section Line Right -of -Way) Vacation Criteria The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance Section 24-11-10 A of the Weld County Code, states in part "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated " Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process The processing of this vacation and memorandum have been prepared in accordance with this Code section Section 24-11-50 A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map gl„ Vacation of RECX17-0139 I ST NoCo Acquisitions, LLC, LLC c/o Terry Younglove Page 1 of 2)C 1-1-0131 —,-0131 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 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 B The applicant shall provide one of the following 1) Provide written permission/consent from the owners of Lot A RECX17-0139 and Lot A of RECX17-0140 to continue to use the 30 -foot Access and Utility easement delineated on the recorded RECX17-0139 plat 2) Identify a proposed access point for the vacated Parcel onto County Road 80 Vacation of RECX17-0139 I ST NoCo Acquisitions, LLC, LLC do Terry Younglove Page 2 of 2 March 9th, 2022 To Whom It May Concern RE Recorded Exemption RECX17 - 0139 Lot D Vacation Request Letter as follows The purpose of this vacation is to allow for future, further division of Lot D, State Parcel # 071313400029 (WC Account # R8952780) into the minimum 35 -acre parcels The Weld County Assessor identifies the current property owner as Bnggsdale Energy LLC 1381 Fountain Lane, Erie, CO 80516-7114 The owner proposes vacating Lot D created per Recorded Exemption #0713-13-04 RECX17 - 0139 recorded 01-13-2018 subsequent to the Partial Vacation Process, Ordinance 2021-08 The subject site totals approximately 128 083 acres As depicted on the attached Plat exhibit, several existing -to -remain utility and access easements, and dedicated ROW exist on the subject property An existing exemption plat and a draft land survey plat showing the vacation described by a metes and bounds or aliquot legal description is included with this letter Lot D Legal Description SE1/4 13-7-63 LOT D REC EXEMPT RECX 17 - 0139 Briggsdale Energy, LLC-Owner of Lot D Date Attachment Vacation Plat Exhibit 3-17-22 PLAT VACATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS DEPARTMENT OF PLANNING SERVICES 11555 N. 17TH AVENUE, GREELEY, CO 80631 www.weldgov.com 1970-400-6100 I FAX 970-304-6498 APPLICATION SUBMITTAL REQUIREMENTS Application form. (See attached). N/A 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. V 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 [D] OF [0713-13-04 RECX 17 - 0139]" /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. TerryYounglove • (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 [partial] vacation plat is 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 7/19/2021 WELD COUNTY BOARD OF COUNTY COMMISSIONERS April 27, 2022 RECX17-O139 Partial Vacation — Vacation of Lot D RECX17-0140 LOT RE .X 17-0139 L° T Ut ►..r.i. -r.,.rwrY�+M+Ca';!1►^'_ �r�JM7W1-'�l r,:: �,...�.�a....r...]..�.. rr .....:.:. -,...i A.. La::,. r...... ...• F.... rr r 1 `r1 PECX1 I -0140F EGA °1 j-U140F:ECX1;-0139RECX1 r-0139 ECX1'r-013 LOT E3 LOT A LOT A LC T E LOT C at JP;44s4; & Angel RECX 1 i •D140 LOT C RECX17O139 LOT D RECx1141140 LOT D tECX17 •0 4OF et I 7 $40 ,7 413 91i RECX17-013 : LOTS LOT A LOT A LC11 6 LOIC RE 3 L O1 k3138 wilt w:>'0/tm6 nv wickeor.iiitris rani `',1;.%7'...4,77.= I Gr RECORDED EXEMPTION NO. 0713-13-4 RECX17-0139 Situate in the Southeast Quarter of Section 13, Township 7 North, Range 63 West of the 6th I'.iM., County of Weld, State of Colorado aa��y6•V�, 1"(9':Y R66•. co -C 263&26' IWO y oar. aua. & re's^ wa +omri ..a Worn 129RUACR)31GROSS) I27.10 Urn OM maa jR a1'y��pp rr.:Z et u. ro mn ( � g 11 �• I I AJG�R..ay. AO if 404.1 5 RIggVal AMA POT 10.13] ACA13LS II:RLK, 9.111: AC LLS 0.1) IUSA b Lori yBy 'LOT .ICRr3O:RU551 E 19.31 ACRES ILIUM, 9.9l6ACRLS q'[I] 9956 Arita cs'n 51 I o wix �� b r-« an I l "VS/A (own' RO,W -'------"''-r� Lu O.yIp 'j rod I...>n w.r.+..T;A 6R679'31'N 2622.5 (Comm Iwo > i A 1 �, re.;, r.,.. w '; N :. .w I -010 .w.a .a"wk Cn Ira VI wn♦ ;^°l `-`,':>'Tintrgir yt WTI RaRn.• Las. ArnIlAr 6<x LEGEND aak ti a iE.ne • n :Ftr n�i'• 0 5 ,.IMS.% rtw¢ arm rue .rsa r eevw. mom.. :rtal e] ev....�n .� ._"03..:01 A, .14 e.., 5 --, ,123.8 2011UZ21RLbn] 0 1e RR 9L� 2 Sall 2 v2 i LEGEND Anst WASO• IMO 'mirror .eln•00 PO •D xr I,O. =Nova coma E) FOUNIVIR VACATION OF LOT D OF RECORDED EXEMPTION NO. 0713-13-4 RECX17-0139 SECTION 13. TOWNSHIP 7 NORTH, RANGE 63 WEST OF THE 8TH PRINCIPAL MERIDIAN OF WELD COUNTY. STATE OF CQORADO. NCRTH • m m eWffiaTi SCALE I'. 200 a LOT 0 VACATED ON [DATE) BY RESOLUTION (RESN( OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY TOTAL ACRES • 128.083 (GROSS) ACRE S. MORE OR LESS TOTAL ACRES • 127.306 (NET) ACRES, MORE OR LESS 8 WELD COUNTY ROAD 02 T� i POW OKEOIANRO: DENFW_x018: A EEI1TAlot CIAKT CF1111TAox ••MOMIZOMCM CANON...WON N1011xu 0Im•Moxq mamas, CWNfDGE IMOMIMON MO Istal.a E COMA, ONmOfCOOTM01IE rxOSOCAAVII MA1EKA IMO, A COMIFME CAA A MUMS AO ATKAIVa TOT MIRSMMOIITTq MAMMA KM EKMHnCCERFO Al COMM, 0110.410( A MC... WWI. MR TOOONMOa0MM0 ADAMS. AMU. OA MKSMOIC011Ctfn MTEYW,OOCa 0 LMO AMA., ORACCIMOIrr. CLWN•CWSINAAMWSCSO-aga. At AmNxaTITOIgAEIMEM.•MFIMOR6CIONMAsg1a0 AWtt warm AM HTHE a.KOMI OrAODCO W TI. COLMOO. AE10Ianm MO M OMCMI 00RIORNOtm.mN AOssw.EON TO LOAM no rowan Oa ACRE NON nAIANID AS TO rOSOMAre ECONO0r1.Oakturom,T0040R0 TO MIMI. MAMMAS 1M4 S. IMCRI.AEaOITATtTC 00001,1a CT .. PIA RE VA IMEY MEET.OE•Qq OM. MORI 1101 IA .11, KC!RIl ICO.moM 1x11 Wpm. 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CC . mom <MA OrCEClnxIa.1D41D.., MATH IIN00AEIIgRE4ThPKtAM.•0102.COOK,OTTrp0.$113 0 CLDrCCI ',ACM., PARCEL O PICRIPTIOO, r Nrrr�u=n.nr • • Nurr urNe�r•rmmrrrr•ur.ermr r, FM2FtFt::a94:�. � r. 11.011103211011606 PRELIMINARY JOKY VMI AMC ; S I I w 0 2 rINJ: 11 2.1° - flu 1 Or 1 END OF PARTIAL VACATION FOR RECX17-0139 Rat LEGEND VACATION OF LOT D OF RECORDED EXEMPTION NO. 0713-13-4 RECX17-0139 SECTION 13, TOWNSHIP 7 NORTH, RANGE 63 WEST OF THE 6TH PRINCIPAL MERIDIAN OF WELD COUNTY, STATE OF COLORADO. LOT D VACATED ON [DATE, BV RESOWTION rn't .7 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY TOTAL ACRES = 126.063 (GROSS) ACRES, MORE OR LESS TOTAL ACRES = 127.306 (NET) ACRES. MORE OR LESS 41.17. WELD COUNTY ROAD 60 n�,u1°or NORTH o SCALE 1"= 200' EFINTION. CERi1FV CEATIFluipN-A PROFE6610NAL'60PINION o.==n ou nls OR HER 065ERVAT1oN OF OONOITION6. _ GE.INFORMNTIONANO BELiEFs.li IS EaPgEssly uuOEaST000 THAT inE PgoFESSIONAL's GERTIFKATIoIUOF A cogdrroN's EwsrENGE REUEyEs No oTNER PAgn of ANv g63PGI.mOwrr GR oBucAnoN HE GR sHE HAs AccEarm By rvV'EOO� �R�b LORD �F� ES ANV PUBLIC UNO suRVEY 6nNUMENi crrrrP. rw is eN. ER muAls]B.=3 �B�NsiliuiE OF siANOAROS ANO TECHNOLOGY. B. TWSVAcnnaN °1A'1Yq REcxruiat oaE9 NOT CONSTRUTE A TITLE sEARcn aV ugoMAgR ENGINEEgING EPc. ESORIPTION sHOVm. vERIFy THE coMPnnBlll'ry OF THE bAN6WP)IaROTH�RANOE e)HWESr OF TNHE OTH PRINCIPw MERIq TA5 OF OEM coIGRAoo. ox n. TormsNP i NGRTH. RANGE m v,Esr GF THE 6iH PRINCIPAL MERIdAu. cauurr of vao�s��oF s*InrzosTw0idoo.voe�v0onNIPT10Nuner oecnlewurouwvs 'nww uxcsT or rxs em .nxrvru,sulosw. cwxn or no, 50RVFYOR'4 STATEMENT PRELIMINARY By EFFR LV LEE VAN HORN Coio. B. }6601 (6H7 GF RECORDED EXEMPTIONNO. 0713-13-4 RECX17-0139 Situate in the Southeast Quarter of Section 13, Township 7 North, Range 63 West of the 6th P.M., (;ount) of Weld, State of Colorado o., i. �Eueeuwrrr ,x SECTION LAYOUT P�201 ]0221 1 SHEET I Of a rw,r �n�vaun�nutx�, �M nua�u � w i RECORDED EXEMPTIONNO. 0713-13-4RECX17-0139 Situate in the Southeast Quarter of Section 13, Township ? North, Range 63 West of the 6th P.M., County of Weld, State of Colorado o- Is ua,x. is 9e ii = .wrAvnxr L UTD 138.0M3 AL'RCY !GROSS) 12).306 ACRC5 NLO I.OTC 10.331 ACRCS lGROS51 Y.VNfi ACRC5 fN[.'tl LUTA ^ I.O'1'll 10..IJ1ACRl5 (GROSS) .r � 10..11t ACflL5lGRO55) c 9.9,9fi ACRCS (NCTj Y.9Yfi ACRCY lN'RD � 1 I axna ` ) �._ WELD mom, ROAD i4 sd ar9ui. lona_su nt.x xcs;�� 5883931 W\ 262784' p6 2. ,CO 0 200 LEGEND • O ok.�u,Eo Po..�Y '701;022, 2 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. April 27, 2022 TIME: 9 00 a m APPLICANT: Bnggsdale Energy, LLC 1381 Fountain Lane Erie, Colorado 80516-7114 c/o ST NoCo Acquisitions, LLC c/o Terry Younglove 39 South Parish Avenue, Unit 3 Johnstown, Colorado 80534 REQUEST. Partial Vacation of Four -Lot Recorded Exemption, RECX17-0139, for Removal of Lot D LEGAL DESCRIPTION. Lot D of Recorded Exemption, RECX17-0139, being part of the SE1/4 of Section 13, Township 7 North, Range 63 West of the 6th P M , Weld County, Colorado LOCATION: North of and adjacent to County Road 80, west of and adjacent to County Road 73 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 15, 2022 a CI 0 Lan CJ rq rel O N ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX17-0139 Owner BRIGGSDALE ENERGY LLC ST NOCO ACQUISITIONS LLC C/O TERRY YOUNGLOVE DERRICK AND ALICIA WILLIAMSON GARY AND TERRAH HILL CESAR CASTRO Address 1381 FOUNTAIN LANE 39 SOUTH PARISH AVENUE, UNIT 3 35501 COUNTY ROAD 80 35685 COUNTY ROAD 80 35689 COUNTY ROAD 80 City ERIE JOHNSTOWN BRIGGSDALE BRIGGSDALE BRIGGSDALE State Zip CO 80516-7114 CO CO CO CO 80534 80611-8706 80611-8706 80611-8706 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, RECX17-0139, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 15th day of April, 2022. lk: Lulu() Janet M. Warwick Deputy Clerk to the Board U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required O Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here City, agl Engrg O Box N �t� ri-ia r n tAll gDSitre 'Mg PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 1• p. SENDER: COMPLETE THIS SECTION a) CCD 7:3 < Q ❑ ❑ og% U a) a r\IN J N Z PD> C%' a) o To O C R$ 0 N 4) -..0 -o5- ca a; a) C ^` LU co — — • ler tA,K) fo ...---d2,1 3 '3 c az;t 2 C) f • • T re) c1) i U C a 0 •L. 9O cr) TA � N 0 8 22CC EEC, a� — - . -kiww '4- ≥ w�2 000 •a 2 1.D. 2 2 2 - > 4_I •CA: _ c C — Cl) alai c.0) O E1..ccmc (A cc DOD DO a) V a) o: CD 0 0 is aS RI C) a) CI .a d 115 i CC U_ Cl) Cl) O O- U A u)< "5 0 cri❑❑ ❑❑❑ U, O 0 CO tin a E a C< rR O N Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 O CD a O CI N r-9 0 N U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ O Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage O CD 0 O a 0 r9 r9 Total Postage arid Fees A®LL31+i$ r oCoSe-o City, S PS Form 3800, April 2015 PSN 7530-02-000-9047 15 Postmark Here occ) Lit _ruff i - � -• - �• v v 1 P n S` -0 113 Yt. / 65 34 U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.come. 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O O a CI II Ln rR O ...0 co to O N Domestic Return Receipt 10 0 0 0 (IV co co z N CO w CO O Domestic Return Receipt 0 C) 0 0 0 0 CO N- 0 O T M Li.. 0 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/11/2022 9:11:00 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 500 Feet of Parcel # 071313400029 Account Parcel Owner Mailing Address R1000386 071313000010 BASHOR OR C MILLARD LLARD 31857 GILL, COUNTY CO 806249204 ROAD 68 R8952781 071313300030 JELINEK KAYLEY R8952781 071313300030 CARPENTER CHRISTOPHER WAYNE 35491 BRIGGSDALE, COUNTY CO ROAD 806118706 80 R8952782 071313300031 LONG ADAM J 35311 BRIGGSDALE, COUNTY ROAD CO 806118706 80 R8952784 071313300033 BRIGGSDALE ENERGY LLC 1381 ERIE, FOUNTAIN CO 805167114 LN R8952777 071313400026 L,04 -C-' CASTRO CESAR ENRIQUE GONZALEZ 35689 BRIGGSDALE, COUNTY CO ROAD 806118706 80 R8952778 071313400027 L24 13 J. HILL TERRAH R8952778 071313400027 Lel ' HILL GARY J R 35685 BRIGGSDALE, COUNTY CO ROAD 806118706 80 t`) R8952779 071313400028 L O- P1 WILLIAMSON ALICIA Parcels: 14 Owner Records: 22 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/11/2022 9:11:00 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. .LLto ( l� { Signature Date Property Owners Within 500 Feet of Parcel # 071313400029 Account Parcel Owner Mailing Address R8952779 071313400028 Lat- , WILLIAMSON DERRICK 35501 BRIGGSDALE, COUNTY CO ROAD 806118706 80 R8952780 071313400029 ' _: BRIGGSDALE ENERGY LLC 1381 ERIE, FOUNTAIN CO 805167114 LN t`f R1002986 071324000007 BASHOR C MILLARD 31857 GILL, COUNTY CO 806249204 ROAD 68 R1021702 071518000010 BLICKEM ANDREA R1021702 071518000010 BLICKEM LANCE 36068 BRIGGSDALE, COUNTY CO ROAD 806118609 80 R1021902 071518000011 KAREN K THORMODSGARD R1021902 071518000011 NEIL K 36423 BRIGGSDALE, COUNTY CO ROAD 806118610 80 THORMODSGARD R1022202 071518000012 BARTHEL JAN M R1022202 071518000012 BARTHEL KEITH A 36485 BRIGGSDALE, COUNTY CO ROAD 806118610 80 Parcels: 14 Owner Records: 22 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/11/2022 9:11:00 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 071313400029 ' AI .i,IJLI.(oh L'Il(I ---CL Signature Date Account Parcel Owner Mailing Address R8956862 071518200027 EASTHOUSE J TRISHA R8956862 071518200027 EASTHOUSE SHAWNAL L PO GALETON, BOX 716 CO 806220716 R0917901 071519000016 MARICK J EAN ETTE R0917901 071519000016 MARICK MICHAEL 36382 BRIGGSDALE, COUNTY ROAD 806118609 80 CO Parcels: 14 Owner Records: 22 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 4/11/2022 9:11:00 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 071313400029 Parcels: 14 Owner Records: 22 lickt Lai Signature Date Page 4 of 4 PLAT VACATION APPICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE DATE RECEIVED PLANNER ASSIGNED PLAT INFORMATION Title of plat to be vacated Vacation of Lot /D of 0713--RECX 17-0139 S 1,3 T 7N R 63W I1d O 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 D 071313400029 128.083 Access/Utility Easements to Remain -- Acreage Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary) Name Terry Younglove Company BRIGGSDALE ENERGY LLC Phone # 970-691-4266 Email Tyounglove@msn com Street Address 49720 US 85 City/State/Zip Code NUNN, CO 80648 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent) Name Company Phone # Email Street Address City/State/Zip Code 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 Date Signature Owner or Authorized Agent Date 3-17-22 TerryYounglove Pnnt Owner or Authorized Agent Print Owner or Authorized Agent 7/19/2021 PLAT VACATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS CODE REQUIREMENTS, Sec 24-11-50 Complete or partial vacation of recorded exemption or subdivision exemption A A property owner may request a complete or partial vacation of an existing Recorded Exemption or Subdivision Exemption through the procedures set forth in this Section 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 nghts-of-way that may be affected B Complete vacations must include all lots created by the same exemption plat Partial vacations 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 Lots created by a plat that has been approved by the County pursuant to Article 10 of this Chapter 24, Lot Line Adjustments, may be eligible for vacation if they were originally created by exemption plat No property resulting from the vacation may be left without access to a public road right- of-way No property resulting from the vacation may continue to use any access easement across other lots within the exemption plat without the express consent of those lot owners C The vacation request may be processed without any of the submission, referral or review requirements of Chapter 24 No sign posting or legal publication shall be required No notice to surrounding property owners is required, except for a partial vacation of only the largest lot, in which case notice shall be sent to the owners of all other lots within the same exemption plat D Upon receipt of the vacation request letter, the Planner will prepare a memorandum summarizing the vacation request to be forwarded to the Clerk to the Board Exemption vacations will be placed on the Board of County Commissioners Agenda E The owners of all lots within the affected exemption plat shall be notified of the hearing date, time and location via Certified Mail, sent by the Clerk to the Board, at least ten (10) days prior to the hearing F Prior to the hearing, the Clerk to the Board shall draft a Board Resolution setting forth the determination that the Exemption plat is vacated Record of such action and a copy of the Resolution will be kept in the files of the Clerk to the Board G In the event any easement is included in the vacation, the resolution may include a condition requiring the applicant to provide evidence that the interests of the easement grantees are protected Such evidence shall include a separate document demonstrating that any easement created by the exemption plat is retained, has been replaced, or has been relinquished or extinguished with the consent of all beneficiaries of the easement or by order of a court of competent jurisdiction H If the vacation request is approved by the Board of County Commissioners, an exemption vacation plat meeting the requirements of subsection I of this section shall be submitted to the Department of Planning Services for recording with the recording fee The applicant shall submit a signed deed conveying the vacated property to himself or herself Such deed shall contain the metes and bounds or aliquot legal description from the plat Upon receiving all required signatures, the Department of Planning Services will record the plat and the deed The vacation is effective on the date of recordation of the plat with the Weld County Clerk ,and Recorder I Exemption vacation plat requirements 1 The plat shall be titled "VACATION OF LOT [D] OF [REC17-0139]" 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 be signed by the owners of the vacated parcel and the Chair of the Board of County Commissioners A copy of the Weld County Code is available online at www weldgov com (Useful Links > Weld County Code) 7/19/2021 4707084 04/22/2021 08 19 AM Total Pages 2 Rec Fee $18 00 Carly Koppes - Clerk and Recorder, Weld County , CO WHIN RECORDED REIURN TO: St Noon Acquisitions, LLC STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named 9t Nom Acquisitions, MC. 2. The type of entity IS a O Corporation O General Partnership ❑ Limited Partnership Association ❑ Registered Limited Liability lhnited Partnership Cl Government,, Governmental Subdivision or Agency D Trust Ci 3. The entity Is formed tinder the laws of Colorado. 4. The mailing address for the entity is 5. The name and position of each person authorized to execute Instruments conveying, enaurfbedng, or otherwise affecting Vile to real property on behalf of the entity is Ian Scott Mattod'i and/or Terry Yaunglove as Manager . 6. (4ra real) The authority of the foregoing person(s) to bind the entity a is not limited [x] Is limited as follows: 7. MONO matters oonoeming the manner In which the entity deals with interests in real property: 8. This Statement of Authority is executed on behalf of the entity pursuant the provisions of Section 38-3O-172, C.R.S. .�,. &muted 2 day of March,• 921.-840( ❑ Non -Profit Corporation O Limited Partnership O Registered Limited Liability Partnership ❑ Unincorporated Non -Profit Association • Limited Liability Company ❑ Business Trust State of County of YAS Sy. Tao: Its:Manag The foregoing instrument was acknowledged to before me this Tory Younglave, the Manager of St No Acquisitions, MC. Witness rrry hand and official seal. My CO=1150011 expires: IDpGStaaneatdAgony ._021by ELIZABETH�usSTON t .T STATE Of GOLOT ADO NO'WZY IPpluck-0337.o Rota bite 4707084 04/22/2021 08 19 AM Page 2 of 2 State of Heenan cityof NM 1/1, The foregoing instrument was admowed to before me this 3 day of Awed; . _,02s by Ion Scott Maitoch, the Manager of St Nom Ac4Idet (Onse LL.. Witness my hand and official My aommtmion expires: a/ !7 M/ Notary�u Puyuc Kalhsy A. MNda. Past Circwt Doe Date 1Li 64..x/ � i+�es•_alau.Docpo MOTArtY CERT1RRCAartT10N OQG.sbtement d Aut1+od W ) Arg Summary Name Briggsdale Energy. LLC Status Good Standing Formation date 01/16/2015 ID number Limited Liability Company 20151032419 Form January Jurisdiction Colorado Periodic report month 1301 Fountain Lane. Erie, CO 80516, United States Dal office street address ti office mailing address n/a d Agent Name Jacob P Bragg Street address 1381 FoUntain Lane. Erie. CO 80516. United States Mailing address ref Summary Name Status ID number eriodic report month office street address ST NoCo Acquisitions, LLC Good Standing 20121207785 April Formation date 04.%0912012 Form Limited Liability Compan Jurisdiction Colorado 39 Parish Ave., Unit 3, Johnstown, CO 80534, United States ffice mailing address n ca. .gent Name Street address Mailing address Ian Scott Mattoch 3� S Parish Ave Unit 3, Johnstown. CO 80534. United States 60 Kai One Place, Kailua, CO 96734, United States WHEN RECORDED RETURN TO T Younglove 3218 Lago in FarrCuttins,CO 80524 QUITCLAIM DEED Recording Accommod, r)r,iy, No inspection a Document was perfc First American i t. c. THIS DEED, made this 3rd day of August , 2016 between Brinsdale Energy LLC , A Colorado limited liability company ("Grantor"), of the County of Weld and State of Colorado and Briggsdale Energy LLC, A Colorado limited liability company ("Grantee") whose legal address is 308 Lago Ct Fort Collins Colorado 80524 WITNESS, that the Grantor, for and in consideration of Ten ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED and by these presents does remise, release, sell and QUITCLAIM unto the Grantee, and the Grantee's heirs and assigns forever, 8 all of the right, title interest, claim and demand that the Grantor has in and to the real property, together with the fixtures and improvements located thereon, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows' SW ' of the S , Sec 13, T 7, R 63 , County of Weld, State of Colorado and SE 'A of the S , Sec 13,1' 7, R63, County of Weld, State of Colorado Also Known As 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 in equity, to the only proper use, benefit and behalf of the Grantee, and the Grantee's heirs and assigns forever EXECUTED AND DELIVERED on the date set forth above Briggsdale Energy LAC, a Colorado limited liability _ Company By STATE OF, &l'1 A) J COUNTY OF The foregoing i } } ss fi914- u a Yhern4:igr uinept�� s acknowledged before me on Recording Accommodation Only No inspection of the Document was performed by First American Title. g -3-/C by Witness my and and official seal My commission expires 4229854 08/22/2016 10 53 AM Total Pages 1 Rec Fee $11 00 Carly Koppes - Clerk and Recorder, Weld County, CO Notary Public ** If tenancy is unspecified, the legal presumption shall he tenants in common (C R S 38-31-101) 4082358 02/11/2015 09 56 AM Total Pages 2 Rec Fee $16 00 Carly Koppes - Clerk and Recorder, Weld County, CO WHEN RECORDED RETURN TO Briggsdaie Energy, LLC 8010 South County Road 5, Suite 207 Windsor, CO 80528 QUIT CLAIM DEED THIS DEED is dated January 22, 2015 and is made between ST NoCo Acquisitions, LLC, a Colorado Limited Liability Company, the "Grantor", and Briggsdale Energy, LLC, a Colorado Limited Liability Company, the "Grantee" whose legal address is 8010 South County Road 5, Suite 207, Windsor, CO 80528 WITNESS, that the Grantor, for the sum of ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell and QUITCLAIM unto Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with any improvements thereon including any oil, gas, and other minerals that exist, if any, located in the County of Weld and State of Colorado, described as follows Township 7 North. Range 63 West of the 6th PM Section 13 S/2. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, 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, and its successors and assigns, forever IN WITNESS WHEREOF, the Grantor has caused its limited liability company name to be hereunto subscribed by its members, on the date set forth above. GRANTOR Accommodation Recording Only With Out Lability PAGE 1 OF 2 4082358 02/11/2015 09 56 AM Page 2 of 2 ACI ,NOWLEDGEMENTS STATE. QF.COLORADO } COUNTY OF it it r } ss. } B1 ORE ME, theeupdersigned, a Notary Public, in and for said County and State, on this '1 day o f IOC , 2015, personally appeared An , .%}') C04.- , to me personally known, who being by me duly sworn, did say that he is the Managing Member of ST Noco Acquisitions, LLC, and that said instrument was signed in behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written My commission expires: ��(/ ��e� YAMMit:1 OBL0GH i !-�/ t�'�`+��""' NOTARY PUBLIC STATE OF COLORADO NOTARY ID A 10064032026 �/�,�, coa+Ia�eBlo ECEtaa 2 20y ublic for the State of t!� aiele6 STATE OF COLORADO} COUNTY OF lO. ult.0 } ss } WORE ME, the 9nddersigned, a Notary Public, in and for said County and State, on this day f jW , 2015, personally appeared Yg/1 _ , to me personally known, who being by me duly sworn,' did say tl(at he is the Managing Member of ST Noco Acquisitions, LLC, and that said instrument was signed in behalf of said company. 1N WITNESS WHEREOF, 3 have hereunto set my hand and affixed my notarial seal the day and year last above written My commission expires' MY E K. KNOBLOCH STATE OF COLORADO NOTARY 10 0 tg¢g4033020 Pm O \ in& /Llekik/c- Notary Public for the State of iliblygo6 END OF QUIT CLAIM DEED DATED JANUARY 22, 2015 FROM ST NOCO ACQUISITIONS, LLC TO BRIGGSDALE ENERGY. LLC PAGE. OF 2 JF GvliNTYatm-. 2� October 2, 2017 Terry Younglove 308 Lago Court Fort Collins, CO 80524 Subject: 4 -Lot Recorded Exemption RECX17-0139 Parcel ID #: 0713-13-0-00-009 Dear Briggsdale Energy, LLC c/o Scott Mattoch, DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: mhall@weldgov.com Phone: (970) 400-3528 Fax: (970) 304-6498 The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval of the draft plat please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional pages are $10 each. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50 recording continuance charge shall be added for each additional 3 month period. Please contact me with any questions. Regards, Michael Hall Planner I DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Briggsdale Energy, LLC c/o Scott Mattoch RECX17-0139 Planner Michael Hall Legal Description Being the SE4 of Section 13, T7N, R63W of the 6th P M , Weld County, CO Parcel ID # 0713-13-0-00-009 Lot A Size +/- 10 acres Lot B Size +/- 10 acres Lot C Size +/- 10 acres Lot D Size +/- 127 acres Water Source Lot A Proposed Well Lot B Proposed Well Lot C Proposed Well Lot D Proposed Well Sewer System Lot A Proposed Septic Lot B Proposed Septic Lot C Proposed Septic Lot D Proposed Septic Criteria Checklist Yes No X 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan X 2 Compatible with the existing surrounding land uses X 3 Consistent with the intent of the zone distnct 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 248-40 of the Weld County Code have been met This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County 1 A Weld County septic permit is required for any proposed home The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations 2 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 RECX17-0139 Page 1 of 6 3 The West Greely 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 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 B Lot A 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 C 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 D 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 0713-13-04 RECX17-0139 B A 30 foot wide joint access and utility easement extending across Lot A of RECX17-0139 and Lot A of RECX17-0140 from County Road 80, for the benefit of Lots A and D of RECX17-0139 and Lots A and D of RECX17-0140 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 B and C of RECX17- 0139 from County Road 80, for the benefit of Lots B and C of RECX17-0139 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 (AP17-00452) 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 80 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 verify and delineate on the plat the existing right-of- way and the documents creating the existing right-of-way If the existing right-of-way cannot be verified it shall be dedicated The applicant shall also delineate the physical location of the roadway This road is maintained by Weld County (Department of Public Works) F County Road 73 is an unmaintained section line right-of-way The applicant shall verify and delineate on the map the unmaintained right-of-way and 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 nght-of-way G Show and label the section line Right -of -Way as "CR 73 Section Line Right-of-way, not County maintained" RECX17-0139 Page 2 of 6 H 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 I 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) 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 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) 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 9) 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 10) Potential purchasers should be aware that Lots A, B and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock r animals The State Division of Water Resources issues all well permits 11) 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 RECX17-0139 Page 3 of 6 12) 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 13) The property owner shall control noxious weeds on the site 14) The historical flow patterns and runoff amounts will be maintained on the site 15) 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 16) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program 17) 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 18) 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 19) 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 RECX17-0139 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 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 7 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed The applicant shall be responsible for paying the recording fee 8 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50 00 recording continuance charge shall added for each additional 3 month period 9 The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption Acceptable format is a projected ESRI shapefile ( shp, shx, dbf, prj) with a defined coordinate system (i e , NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet) etc) This digital file may be sent to maps@co weld co us RECX17-0139 Page 5 of 6 1 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 Date 10/2/2017 Michael Hall, Planner I RECX17-0139 Page 6 of 6 Hello