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Home My WebLink About20222615.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RECX16-0058, FOR REMOVAL OF LOT B - PAMELA WEISS 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 31, 2016, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX16-0058, and WHEREAS, the Board has received a request from the current property owner, Pamela Weiss, 14199 County Road 26, P.O. Box 663, Fort Lupton, Colorado 80621, to vacate Lot B of Recorded Exemption, RECX16-0058, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX16-0058; being part of the W1/2 SW1/4 of Section 33, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. 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 Pamela Weiss, for Partial Vacation of Two -Lot Recorded Exemption, RECX16-0058, for removal of Lot B, be, and hereby is, approved, subject to the following condition(s): 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. 4856492 Pages: 1 of 2 09/21/2022 10:32 AM R Fee:$0.00 Carly Kopp., Clark and Recorder, Weld County , CO «'MP% f � 1� 1 cc: Pi.(s.tvw/co,), to/Kt/Z1 2022-2615 RECX16-0058 PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RECX16-0058, FOR REMOVAL OF LOT B - PAMELA WEISS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of September, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: did) .aC,lrto•„e. Weld County Clerk to the Board ounty A rney Date of signature: 9 /19 /22 4836492 Pages: 2 of 2 09/21/2022 10:32 AM R F..:$0.00 Carly Kopp••, CI•rk and R.00rd.r, W.ld County , CO III' Scott K. James, Chair eman, Pro-Te teve Moreno 2022-2615 RECX16-0058 DEPARTMENT OF PLANNING SERVICES MEMORANDUM TO: Weld County Board of County Commissioners FROM: Diana Aungst, Planner II SUBJECT: Vacation of Lot B of Recorded Exemption 1211-33-03 RECX16-0058 HEARING DATE: September 14, 2022 APPLICANT/OWNER: Pamela Weiss, 14199 CR 26, Fort Lupton, CO 80621 LEGAL Lot B of Recorded Exemption RECX16-0058, being a part of the W2SW4 of DESCRIPTION: Section 33, T3N, R66W of the 6'h P.M., Weld County, Colorado LOCATION: North and adjacent to CR 26; approximately 0.75 miles west of CR 31 PARCEL SIZE: +/- 71.56 acres PARCEL NUMBER: 1211-33-3-00-007 ZONE DISTRICT: A (Agricultural) NARRATIVE: On August 4, 2022, the Department of Planning Services received the attached vacation request letter signed by Ms. Pamela Weiss, requesting a partial vacation of the plat of Recorded Exemption RECX16- 0058, recorded October 5, 2016, reception #4242827 to vacate Lot B. There is a fifty (50) foot pipeline easement on the property that was created in 2013 via reception #3920430 and a ten (10) foot transmission line easement created in 1972 via reception #1602617 and both of these easements will remain on the property. There is an access and utility easement from CR 26 for the benefit of Lot B of RECX16-0058 (the subject property), Lot A of RECX16-0058, and Lots A and B of RE -5094. This access and utility easement will also remain on the site. There is a USR-1732 on the site for a kennel. The property owner has submitted a request to vacate this USR. The Lot A is owned by Christopher and Danielle Whitlock and is not a part of this request. Lots A and B have access to CR 26. Notice to the property owners of Lot A was sent at least ten (10) days prior to the hearing by the Clerk to the Board. The resulting parcel will be larger than thirty-five (35) acres. A draft vacation plat is also attached and requires minor revisions prior to recording. A metes and bounds description for the lot to be vacated has been included on the draft vacation plat. 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. clb4 Page 1 of 2 2022-2615 -i f,CX !lo -01)68 Section 24-11-50.A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50.B of the Weld County Code, states, in part, "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 lots withing the same plat." The Department of Planning Services staff has reviewed this request and recommends that this request be approved for the following reasons: 1. No property will be left without access to a public road right of -way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 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. Page 2 of 2 It u VACATION OF LOT B RECORDED EXEMPTION NO. 1211-33-03 RECX16-0058 EASEMENT AND RIGHT-OF-WAY NOTES: �rouorvsntYPr nnE Eca.rri raF �.,�r �„a�, uc ro n Y.rra rPwtYaEYrs,Foran;rmr.w scoK�orxrv. w�a WcdwFr.',"o:"°.:;L"F ms[ nnv[o.lolF:woEwRa`.n t rt wrEnirA LnMUvurFOR RusxxaE Fa5RW MERE 'WYMw YSWLO�iti Yurv"rcnco iRw�i.�s ai rr�aiienir r;l,"c"cEE. w il. xfYSOL", PM f WKE�u RFY:u1 wM[Eu fln�yyOrN,Krd [C. M16Ux¢i .1,7 CAKaWu[�iH[Yp[Ei� tn,CEa anFKIpM3 � bKC[RidrO.3EtlfYriRaK�r,iaavRv E iOf[ROrRR. tOif wYniGI�pM1e[V�tt EKIrt�K w�PV�6i�Y 3.,171147:74- mxrEs ED rt LLC �W Kp UT9RE 1 Y'vEKrtY] 6 r:E fYea.Ci RIVYfRn Sln W(f rUi wr vCEPoR0la,0 PFtPU[W tKlmU KOEF P aSOMrOla1E V R wO Pr�i.EID KYRUPId r:r.F�K[�Ei�RCK[�blF Ol w.O [�W trKl0lE5wv[a6:, R np,M � C[ilddipf»::fjKCdC[S OpLYCIi 0[Krvp O.IO �w, �RYGVTI�aOpI UD MfiKFP�[S WVES6t Etv BASIS OF BEARING ME6WrRt� 6 iRE wF.5uwll Salix YYtMv[Si KMPG� i°�irun:w,Frwn E c F*puRarERd f[[rdn Or i� 6 KSwEO NYRa Ra�.t 1,GM%Yl`' 1 . PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO wmSOWEVD4 rf� RK PRWbPMp.[4. I ab lwr ilYRu(6Av.�KEVY,E w °Rroa'Y�w�:5OW1a narsw�m wY°a«E' w uc LEGAL DESCRIPTION - PROVIDED �Rttivnfo fv SR.Pm mlE WnanKvrt wMlYsar[D K R[�UWY Prtb �`p WOUw6 n�RSR ��r�RSIFCDPOE�IF�NYRf. f W,MRSi tlMa1ER[v YUd ]t. tpltM:! 1 WR,x.IWfE Y MSr tl 11E fl.aCraFYE[G'a YY11..,uwSUt�YK -bR M[Fsa .VCn LEGAL DESCRIPTION - RESULTANT v ,w�'v°wYeYYilo�n�. °rRtti nwE`sr""rat t°`rIFiw c[xousm orarrtio ,:rz of wpwm. Y.c waE .,arcu.a.r nno.ln a taEo.! �oaRcai nlF �aa� sWOY,caa rra a<ci w[ror inE samP.[n a rr.!WoY°!sioaaana sf°'as!c°Fia»ro su��tmunIEptrs:v"Yuia�r ,.[KEruaass.sr Eur uaY rta wRrREYEv �+Fs wsa rRE 37+4 o°frrac:Firrwdrv.oanwcFot:v:atFn' ac,av W d1RF sanRaEs, aimFRa ao i Ri a n.��iuCE 6:�Y]S��Uptr rer.v R fsrsr r[Er. •rfl Unl.n t[E,,pa qwl pv ME O„R r�asi�"w[E a'� fw,wrs, ouwrzP a ws Ycid n. tmt w,F rs� RaY r$nor vn Ycnt`�v � oiiiuc °`or ai"iEi, m,.°`F`" , r R 1r PLWa: p6 iY,[F pt s� tlEi ,moo i1E MORr1(g i CpY[ a aF ��pl R YE��aIS. n r [fl'p OE�IWnw.L1t WMER6FpLp, RaFiY� r.wc nc aEs [Rc a s- Foi • Y.aY . -, wo°inaaE2saiau pti wr'°rs�i "vu°ratY°rt�p`mn"El awsl— l�FrC[6Wlx eliYnFi, PWL i1E 6dlIRE[E U rrE a'!Si RRti6 iK RP�nEv SiiwdE ptrr�E buiwU[flpytll [PU iw rinii ralk, 6PaP`Y[ dll♦P 06`iar[FRiWY`R iEi[ rpM C f WICI rp ailvxr{. OSR�ri Cw'.p Y�Hf :WEORL[S[. Nn PROPERTY OWNER'S CERTIFICATE :mv.rra� worco, eErw r�i a[o°isix'uia x[ow:a. Rcocl-caEo Prt Wncsd [mRs Yrr.Fif wxwDavO i[x' BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: a rtas�n W1°"iYi'r c: ¢ or�[WwNm. YYroacowi. WY.sSUcn it i�air►ytynvnHMt� rxwraa �n EASEMENT AND RIGHT-OF-WAY NOTES: °s,!n�s�°° a is ar�i rrr ne xD.a3vana.nreossr imrtaw. [oxmanY enma[cc[ �a�nar s[c[ax ,eH eaD:n M.i .7 inl55....x..w[riliD00iwCn . nuoe1ua�awo`ifa-�[.c[evria°arm. . winp['+a'us'1"eax uo x°NF.rvu.w°�+[�°fq wuc` ss3'cta. .wonr. emrxw ux �.wo [P1Y'D['.,.c.xD avmia� r �o[[Drnw uaox rncw p.ucfwx] wix uxxw r.crr.naa.Da ,i z]`..]°rv°xciwwnn{axs�aowi a iwa3a'°-rc]:`xsa[Wxo �ia nxut a �v [au�°iaxora�f ii`nr n. ]oznortED xo]cwtt.faamD r E,uni f w. Ea�wn3rgt uxaxaau Ex`fo +�sxem�ao 1gMxo.EiEn a. ,n xD. i[men. ry[O�rtEq a.wasrwnawr., wwrai.wra[ eprC°-°n.u° sw rEor nrnrrn :. wi rtCq n �[aiimw[o ��ii wINi.ME [Irttvtaxw w[x¢it� da[K . �. l,.� paara Oxua00i apwaxwallMrwa[[34a xxmiEob xE'pF� alrl�.IDap.CtVlax xO iarew II_ RCCMD[o MOR1e1ER ]. Ab�if pEEtl'llax xD Sta3m plOnl�i1 Nx[CCSS..rI wn -nOM xp lwp<dmlD wYII nwE.r�'muanroM°.reaihisiu'°`r[`i°ixevm<p m3"°.v�.vtr a�"n i onDm [E.wcr-' Is47-. vwciieeo�r"�ctro°i,°xx"ua uu Mstatt[]p K Sfi iMix Ox OSwitII. x01 rtpnEq � xfCP-':o W]r�irm,>.tl q.4'P[Mw M11��,ur�xaxt�or Old [ro�i a w]wf NIDCa.Lp Galti a[SfI[atE3 wY WSt. t r[0n[q r N rf0[r]axx0, lea n ME°cfOx0en 000ulMLL° OE°K M MitriOnxp°ICiwt wq.er�alxnw w0fu r.C.rtrew, qS. Mp10 u[ eECOIbCD sMIJ� L, ID n Y x[c[rtew x0 mwa IKOn[q BASIS OF BEARING _ .ourx.Esi oum[p ao actax v. xatx mr. xoxz"Vbi°x woauxmwrut°"�°°i3n3t.vi.`-1 a waarxnDl[3 xarwnD Ib ,a1rt[N `" Oxf noCgMON00 F6v I[1(Ar:MF: ryiNa1lae. RECORDED EXEMPTION NO. 1211-33-03 RECX16-0058 PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO NOTES: rofw°rzu°wruov�aKr w tai. ar"'3.°z'mx o�'°r Si`�.`.°rc� «nWrswc3w� . O WEE, Tr M W E xax] �OF W.Y uE imtaixEm i eiIrn,Yi .iot w.lo�� ]aiwiriaeaorwn,Ycwrnwixa.tre:xnsia.roo[.s .nano °[nimnxaraw[a°i.n.o°Iw,D[so'rn.ruxr..°cw[uoue:�wgixu�if nosz • _ caurvmum o<m.c[xrpazrnmwri. wnxac� xux.a.Dxia] . neen ro�mu3e ai euao.arw�a,n.iwcwruw[Swn.�ccammD[foa[zera mcterwx Dan sw.i Sc[ u' ,e[�o[icy`i.iu�..o"amm�i'o°MOufv�.ixv"[w�'ia"3 nc [[cnoE3cs]n,a3ucx • o. e]w.][ °�,w.w°MG.DCDP"01w rznax"""�`w...a errw°''D''i]auDm tDu°w'i�in°ic'oaw]oinr��-a ars.sn er na caar-.DODErnii.�a wiK rim. nx.i�iri Ynocowrvq"saw]r�i[t a"Y qx ww,nYu� ira xfwetD [x[,.rox oo[.s xoo�o �f[ "°n+nf�w.or`�n.°c°rzE i,orM°°°Snwfn wn.u-pawn° to.o-cp ro nc is SmDcvx ar ive r c oxwrE.1A00srcr°if�'ru-ir`iw3: Doan ro.o<u io i,c nesixuetw:o tK efouimaxiirr Eci r"nw�fnn. viw'vuv �ni `u°Ao�in or°0Gt[ro°wn'fwrtifonao � ,• � �Mr S��r��cawn w.on.ovrsrt..rn3mt wref fzounepn.uuof nwq✓Spae x�Aer x0te.'n nsi.Clrrecw .isnry s nxrn[n s. ww,a. um s Dweenr zurwrsi a nr rwro3eo � �Iroamax ex<.rxiirnzV1Niw.. 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E[f� t xui'ro.°�'r is n'� w ua uxmi ie�ot cnx°�'.tva. na3iMt.: oi°W°GIIina-N`W tow�xMaxW°M[YMf ewO bV�rD AOIfCtax 0f iK rN.rlif V.St 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: September 14, 2022 TIME: 9:00 a.m. APPLICANT: Pamela Weiss 14199 County Road 26 Fort Lupton, Colorado 80621 REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RECX16-0058, for Removal of Lot B LEGAL DESCRIPTION: Lot B of Recorded Exemption, RECX16-0058; being part of the W1/2 SW1/4 of Section 33, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado LOCATION: North and adjacent to County Road 26; approximately 0.75 miles west of County Road 31 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 2, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX16-0058 Owner CHRISTOPHER AND DANIELLE WHITLOCK PAMELA WEISS Address 14205 COUNTY ROAD 26 PO BOX 663 City State Zip FORT LUPTON N CO 80621-8933 PLATTEVILLE CO 80651-0663 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RECX16-0058, in the United States Mail, postage prepaid First Class Mail as listed above. Er ru m CI Dated the 2nd day of September, 2022. (LaF )(itt(cilit d JOT, k Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. r 2�•.; Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ Return Receipt (electronic) $ Postmark ❑ Certified Mail Restricted Delivery $ Here ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees Sent To : 2 t i a Vit i 5 5 _. Street ,t. IV;=.; r PO ox N m . City, ki>� -, 'P �, 1/f -c i.) 5 - Ole 6 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions 1 t 4-1 a) 0 a 0' 'V 0 E a) O - P 0 ttta 0 cc; .0 ♦J CCS 0 co cti Ic L a v a 2 l� O C.' T .. 0 O •— D o co .e•-+ c-� a) cn 2a) L- ai 0 C u • z o = C ® �L- o O Cl) (dcl sa cc E E W • 22 Oo�) .a 27 -t) aooi �12.'t' O i3) a)•> 2 o 0.. cc crow Co cc DOD DO CC) -� U V •� _N U cc cc v 0 2ze 28 -a -a 0 0 0 0 0 0 amt Fe as as a v rnO) • rn in a) coQ � c5EID ODD �w atC6 a =r";tiy�d ;:a.', e== -:?fir I . • ••=nt 7.3 s1 25 0 CO CO N— C i- `41- V (vt- 0 0) C) 2. Article Number (Transfer from service label) Er nJ N ■ V rte Domestic Return Receipt L.0 O) 0 i 0 co 1.0 nz 0 CV tn vV co LL CJ) 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 111 Adult Signature Restricted Delivery $ $ Postage $ Total Postage and Fees 3 Celt and Apt. & PO BoxT Z-0 PS Form 3800, .April 2015 PSN 7530-02-000-9047 r I Postmark Here See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1 , 2 9 and 3:•m) .... • Print your name and address ori'lh leverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 11A (*IAA Iiiik(I#b (4-)cuAc, ielZD5 apil-it-4-{i'rRoad.160- LtAf-4-bn "L1� SIDLezt -act Hi niir IILI in ii ii Hit i i 1IIIIINIIIIIIIIII 9590 9402 6749 1074 1342 97 2. Article Number (Transfer from service Mile!) 7022 0410 DD❑3 2374 2100 PS Form 3811, July 2020 PSN 7530-02-000-9053 Or P COMPLETE THIS SECTION ON DELIVERY A. Signature X\N\rtii B. Re eivd dii (Printed ame) ❑ Agent ❑ Addressee l C. Da f elivery D. Is delivery address differen1 1? lies If YES, enter delivery address below:O No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ,©'Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Mail o} l Restricted Delivery ❑ Priority Mail Express® ❑ Registered Mail"' ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt t WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/22/2022 11:12:06 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. l LJftfEU' 71 7 Signature Date Property Owners Within 500 Feet of Parcel # 121133300007 Account Parcel Owner Mailing Address R4929886 121132000015 HERMAN FARMS LLC 12994 PLATTEVILLE, COUNTY CO ROAD 806518023 28 M4930086 121132000016 SARCHET SCOTT M4930086 121132000016 SARCHET NANCY 14851 PLATTEVILLE, COUNTY CO ROAD 806518707 28 R4929986 121132000016 SARCHET SCOTT DAVID 14851 PLATTEVILLE, COUNTY CO ROAD 806518707 28 R4930686 121133000005 NILES MILLER FAMILY FARMS LLC CIO 615 JOHNSTOWN, DIANNE LIPPITT E AVE BROWN CO 805345627 MANAGER R3369305 121133200002 JANET D LIVING TRUST TARANTINO R3369305 121133200002 TARANTINO GORDON 14032 PLATTEVILLE, COUNTY CO ROAD 806518106 28 R8947098 121133300006 tyirt WHITLOCK DANIELLE JEAN R8947098 121133300006 A ;, WHITLOCK CHRISTOPHER LEE 14205 FORT COUNTY LUPTON, ROAD CO 806218933 26 Parcels: 13 Owner Records: 19 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/22/2022 11:12:06 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. it"))/ ) C Signature 7 71 Date Property Owners Within 500 Feet of Parcel # 121133300007 Account Parcel Owner Mailing Address R8947099 121133300007 1-.5 WEISS PAMELA J PO PLATTEVILLE, BOX 663 CO 806510663 R2715604 121133300017 MONTES MARLYN R2715604 121133300017 CANO JESUS MONTES 14149 COUNTY LUPTON, ROAD CO 806219518 26 FORT R6779802 121133300023 WEISS PAMELA J PO PLATTEVILLE, BOX 663 CO 806510663 R6779803 121133300024 RICE TENNEILE N E I L E E R6779803 121133300024 MARKOFF PHIL 14515 FORT COUNTY LUPTON, ROAD CO 26 806219518 R5159786 130904000001 BOOCK (HEIRS DOROTHY OF) L REVOCABLE TRUST R5159786 130904000001 KUGEL PATRICIA 396 SAINT PORTSMOUTH CHARLES, MO DR 633032926 R8940413 130905100003 INC PINNACLE AGRICULTURE DISTRIBUTION PO BOISE, BOX ID 9296 837073296 Parcels: 13 Owner Records: 19 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/22/2022 11:12:06 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. Co tL) i'Z IG. Signature Date Property Owners Within 500 Feet of Parcel # 121133300007 Account Parcel Owner Mailing Address R8940414 130905100004 RECK AVIATION AIRPORT LLC 7150 WINDSOR, STATE CO HIGHWAY 805503017 392 Parcels: 13 Owner Records: 19 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 8/22/2022 11:12:06 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 # 121133300007 �aA:cG''1%( t.L)aui11/ ,z 7 7 Signature Date Sew _.h• W,n .�.. r. . 11 • a •:t'Q; • .. .p 6.C • • • 3.• 0 • ti2 is attir 'a • •-•Il G '> >i - 4) ▪ -rep. 'r • • SIT.) .e,.PP • ,• fC�51 �.._-.'i et a h �Y U Y • LY+ s3 tl CI 1wp ' QM 5 • g''jaMr e °• :1 a 4 r�i - _g .: .v I tivsi a oy.h ods.� o a Parcels: 13 Owner Records: 19 Page 4of4 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE DATE RECEIVED: PLANNER ASSIGNED: %3 Z0? 2 PLAT INFORMATION Title of plat to be vacated: RECORDED EXEMPTION NO. 1211-33-03 RECX16-0058 S 33 T 3N R 66W ❑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 B 121133300007 71.56 None PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Pamela J. Weiss Company: Phone #: 970-744-8554 Email: PJWEISS77@GMAIL.COM Street Address: 14199 COUNTY ROAD 26, FT LUPTON, CO 80621 City/State/Zip Code: FT LUPTON, CO 80621 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) �' Name: SAME ., .C 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 Authorized Agent Date Signature: Owner or Authorized Agent Date Rc,MQA.4 J • Lk) 42-i Print: Owner or Authorized Agent Print: Owner or Authorized Agent 7/20/2021 Diana Aungst From: Sent: To: Pamela Weiss <pjweiss77@gmail.com> Friday, August 5, 2022 9:39 AM Diana Aungst Caution:, This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and.know the content is safe. The main access to the 71 acres is on county rd 26 is a drive way that is shared with neighbor thank you Diana Aungst From: Jennifer Fuller Sent: Friday, August 5, 2022 10:12 AM To: Melissa King; Diana Aungst; Dawn Anderson Subject: RE: Partial Vacation of Lot B of RECX16-0058 Attachments: RECX16-0058 vacation plat redlines 8 5 2022.pdf No access concerns on this proposed vacation. As Melissa points out on her map, there are two O&G access points on the western portion of the lot (permitted through AP16-00181 to the property owner Weiss). When turning on the O&G layer in the portal, it appears these access points may no longer be utilized, as it appears the O&G improvements have been reclaimed in that area. These may be reviewed/addressed when future plans for the property are brought forward. Further east, on the boundary line between current Lot B and Lot A, there are several access permits for multiple uses (RES, AG, & O&G) sharing the easement/access road, however, the easement has been called out on previous plats and should continue on this one as well, as Max noted. And of course, I know PL will address any changes needed for the USR-1732 (Kennel) covering the lot. O Thank you. Jennifer Fuller Development Review — Access Permits 1555 N 17. Ave, PO Box 758 I Greeley, CO 80631 jfuller @..weldgov.com 1970-400-3728 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Melissa King <mking@weldgov.com> Sent: Friday, August 5, 2022 9:05 AM To: Diana Aungst <daungst@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Jennifer Fuller <jfuller@weldgov.com> Subject: RE: Partial Vacation of Lot B of RECX16-0058 Diana All is well for the partial vacation. However, there are some ROW issues on the draft vacation plat. I am attaching them for your information. Melissa Melissa J King, PE Development Review Engineer Department of Planning Services Weld County 1555 North 17th Avenue Greeley, CO 80631 (970) 400-3762 LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES From: Diana Aungst <daungst@weldgov.com> Sent: Thursday, August 4, 2022 10:35 AM To: Dawn Anderson <dranderson@weldgov.com>; Melissa King <mking@weldgov.com>; Jennifer Fuller <jfuller@weldgov.com> Subject: Partial Vacation of Lot B of RECX16-0058 Hi all: I just received a Partial Vacation of Lot B of RECX16-0058. Please send me your comments on this case. I wasn't sure who to send the email to. Please let me know if I messed up so I can update my notes. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax: 970-304-6498 daunost weldgov. corn www.weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Maxwell Nader <mnader@weldgov.com> Sent: Thursday, August 4, 2022 7:17 AM To: Diana Aungst <daungst@weldgov.com> Subject: Partial Vacation of Lot B of RECX16-0058 Diana, Giving you this partial vacation of a Lot B of RECX16-0058. Looks like there is an access easement solely on Lot B but with new direction we. will just rededicate on plat. See file path below. Hard copy also in your box. 2 M:\PLANNING\Land Use Cases\2022\VACATIONS\RECX16-0058 WEISS Best, Maxwell Nader Planning Manager 1555 N 17`h Ave Greeley, CO 80631 mnader@weldgov.com Phone: (970)-400-3527 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return a -mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. J 3 Diana Aungst From: Melissa King Sent: Friday, August 5, 2022 9:05 AM To: Diana Aungst; Dawn Anderson; Jennifer Fuller Subject: RE: Partial Vacation of Lot B of RECX16-0058 Attachments: RECX16-0058 vacation plat redlines 8 5 2022.pdf Diana All is well for the partial vacation. However, there are some ROW issues on the draft vacation plat. I am attaching them for your information. Melissa Melissa J King, PE Development Review Engineer Department of Planning Services Weld County 1555 North 17`h Avenue Greeley, CO 80631 (970) 400-3762 LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES From: Diana Aungst <daungst@weldgov.com> Sent: Thursday, August 4, 2022 10:35 AM To: Dawn Anderson <dranderson@weldgov.com>; Melissa King <mking@weldgov.com>; Jennifer Fuller <jfuller@weldgov.com> Subject: Partial Vacation of Lot B of RECX16-0058 Hi all: I just received a Partial Vacation of Lot B of RECX16-0058. Please send me your comments on this case. I wasn't sure who to send the email to. Please let me know if I messed up so I can update my notes. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax: 970-304-6498 daungst@weldaov.com www.weldqov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Maxwell Nader <mnader@weldgov.com> Sent: Thursday, August 4, 2022 7:17 AM To: Diana Aungst <daungst@weldgov.com> Subject: Partial Vacation of Lot B of RECX16-0058 Diana, Giving you this partial vacation of a Lot B of RECX16-0058. Looks like there is an access easement solely on Lot B but with new direction we will just rededicate on plat. See file path below. Hard copy also in your box. M:\PLANNING\Land Use Cases\2022\VACATIONS\RECX16-0058 WEISS Best, Maxwell Nader Planning Manager 1555 N 17th Ave Greeley, CO 80631 mnader@weldgov.com Phone: (970)-400-3527 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 4269145 01/12/2017 10:25 AM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County, CO QUIT CLAIM DEED THIS DEED, Made this ✓- day of �..r,�t ✓y , ^2- I '7 between Alichael D. Weiss and Pamela J. Weiss of the County of Weld and State of COLORADO, Grantor(s) and Pamela J. Weiss whose legal address is 14199 County Road 26 Fort Lupton, CO 80621 of the County of Weld and State of COLORADO, Grantee(s) WITNESSETH, That the grantor(s), for and in consideration of the sum of TEN AND NO/100 DOLLARS, (S10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUIT CLAIMED, and by these presents does remise, release, seat and QUIT CLAIM .to the grantee(s), his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and COLORADO, described as follows: Lot B of Recorded Exemption No. 1211-33-03 RECX16-0053 recorded October 5, 2015, as Reception No. 4242327 and being a portion of the West Ya of the Southwest Y+ of Section 33, Township 3 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado also !mown by street and number as: 14199 County Rood 26 Platteville, CO 80651 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges tberetmto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behalf of the grantce(s), his he. and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. LN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. icDact D. Weiss Pamela J. Weiss STATE OF COLORADO }SS: COUNTY OF pr instrument rd The foregoing instrent was ackmowledged before me this I day of by Michael p. WIIQ DARLENE WAGGONER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19944013043 MY COMMISSION EXPIRES AUGUST 1 2018 Witness my (rand and official seal. My Commission expires: 8' I d aGl STATE OF COLORADO }SS: COUNTY OF (3o AC 17 1,3 No, Public 'l\J "' The foregoing instrument was acknowledged before me this 3 s day by Pamela J. Weiss Witness my hand and official seal. My Commission expires: �- I A• A C t 3 �n Po DARLENE WAGGONER NOTARY PUBLIC STATE OF COLORADO Quit Claim Daad O DEPARTMENT F PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIE Applicant: Michael D. and Pamela J. Weiss RECX16-0058 Planner: Michael Hall Le al g Description: p Lot T3N, B of R66W Recorded of the Exemption 6th P.M., Weld RE -3666; County, being a CO part of the W2SW4 of Section 33, Parcel ID #: 1211-33-3-00-018 Lot A Size: +/- 5 acres Lot B Size: +/- 67 acres Water Source: Lot Lot A: B: Well Proposed Permit # Well 251600 Sewer System: Lot Lot A: B: Septic Proposed # SP -0400100 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 district. X 4 Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. 2 The applicant has proposed a well as the source of adequate water for Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. RECX16-0058 Page 1 of 6 3. Prior to recording the plat: A. There is a Use by Special Review USR-1732 Reception #3706008 for a kennel (to accommodate 15 dogs) in the A (Agricultural) Zone District. This USR encompasses both Lot A and Lot B of the proposed Recorded Exemption. The applicant shall address the continued operation of USR-1732 and which lot(s) it is to be associated with. If the applicant wants to remove either Lot A or Lot B from USR-1732, a partial vacation or amendment of this USR for should be done prior to recording the Recorded Exemption plat. B. The applicants are proposing a shared access for proposed Lots A and B of RECX16-0058 and Lots A and B of RE -5094 across Lot B of RECX16-0056 and Lot A of Recorded Exemption RE -5094. The applicant shall submit to the Weld County Department of Planning Services: 1) A recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. C. The applicant shall attempt to address the requirements (concerns) of the Colorado Division of Water Resources, as stated in the referral response dated 05/06/2016. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. The applicant shall address the requirements of Weld County School District RE -1 as stated in the referral response dated 04/08/2016. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. E. 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. F. 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. G. 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. H. 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. 4. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1211-33-03 RECX16-0058. B. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld ,County Clerk and Recorders reception number. C. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP16-00181). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. RECX16-0058 Page 2 of 6 D. County Road 26 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. E. 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. F. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 5. 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 twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty -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 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) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 7) 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. 8) 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. RECX16-0058 Page 3 of 6 9) The property owner shall control noxious weeds on the site. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 12) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 13) 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. 14) Potential Purchasers are hereby notified that a kennel for up to 15 dogs is permitted by USR-1732 and is located on the subject property. Specifically, north and adjacent to County Road 26 and approximately 0.75 miles west of County Road 31. Off -site impacts that may be encountered include noise, traffic, and other related activities. 15) Potential Purchasers are hereby notified that a commercial airstrip is permitted by USR-1504 and is located directly southwest of the proposed Recorded Exemption. Specifically, south and adjacent to County Road 26 and approximately 1 mile west of County Road 31. Off -site impacts that may be encountered include noise from airplanes, business traffic, and equipment. 16) 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. 17) 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. RECX16-0058 Page 4 of 6 Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust_from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit one (1) electronic copy or one (1) paper copy of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 7 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. RECX16-0058 Page 5of6 8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(cr�.co.weld.co.us. 9. 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: 05/31/2016 Michael Hall, Planner I RECX16-0058 Page 6 of 6 Hello