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Home My WebLink About20221021.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX19-0071, FOR REMOVAL OF LOT D - COBRA VENTURES, LLC, C/O MICHAEL MCCRERY 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 August 1, 2019, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX19-0071, and WHEREAS, the Board has received a request from the current property owner, Cobra Ventures, LLC, c/o Michael McCrery, 1719 East Mulberry Street, Fort Collins, Colorado 80524, to vacate Lot D of Recorded Exemption, RECX19-0071, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX19-0071; being part of the S1/2 of Section 15, Township 9 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property resulting from the vacation will be left without access to a public road right-of-way. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Cobra Ventures, LLC, c/o Michael McCrery, for Partial Vacation of Four -Lot Recorded Exemption, RECX19-0071, 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. 4817800 Pages: 1 of 2 04/11/2022 02:22 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO um minim cc : FL(TP/N►J), A PPL . 4/i 9 /22 2022-1021 RECX19-0071 PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX19-0069, FOR REMOVAL OF LOT D - COBRA VENTURES, LLC, C/O MICHAEL MCCRERY 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dd G. XGto•v4. Weld County Clerk to the Board ounty orney Date of signature: y (7/9- 4817800 Pages: 2 of 2 04/11/2022 02:22 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 2022-1021 RECX19-0071 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: From: Subject: Partial Vacation of RECX19-0071 Hearing Date: April 4, 2022 Owners: Cobra Ventures, LLC, c/o Michael McCrery Legal Description: Lot D Recorded Exemption RECX19-0071; being a part of the S2 of Section 15, T9N, R64W of the 6th P.M., Weld County, CO Approximately 0.70 miles south of County Road 106; west of and adjacent to County Road 57 Location: Weld County Board of County Commissioners Maxwell Nader, Planner Parcel Number: 0459-15-4-00-004 Total Parcel Size: +/- 120 acres Summary: Zone District: A (Agricultural) Cobra Ventures, LLC, c/o Michael McCrery requests to vacate Lot D, being the largest lot of Four -Lot Recorded Exemption RECX19-0071, recorded December 18, 2019, reception #4551471. This partial vacation of Lot D of RECX19-0071 would result in an approximately 120 acre unplatted parcel. Lots A, B and C of RECX19-0071 are not a part of this action. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10.A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50.A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter (Exhibit B) and the draft vacation plat map (Exhibit C). Section 24-11-50.6 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. 4/04 Vacation of RECX19-0071 I Cobra Ventures, LLC, c/o Michael McCrery Page 1 of 2 2022-1021 RECX19-0071 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. Exhibits: A: RECX19-0071 plat B: RECX19-0071 Staff Comments C: Vacation Request Letter D: Draft Vacation plat Vacation of RECX19-0071 I Cobra Ventures, LLC, c/o Michael McCrery Page 2 of 2 February 25, 2022 Weld County Planning Department Attn Michael Hall 1555 N 17th Ave Greeley, CO 80631 Michael, I am writing to request the vacation of Lot D Recorded Exemption No 0459-15-4 RECX19-0071 which is located in the South Half of Section 15, Township 9 North, Range 64 West of the 6th P M There are improvements which include a house, barns and corrals towards the east end of Lot D along Weld County Road 57 The purpose of vacating Lot D is so that the acreage is not platted and can be divided into 35 acre parcels No easements or rights -of -way utilized by Lots A, B or C will be affected as a result of this Lot D being vacated The access points for Lots A, B & C of this Recorded Exemption will remain the same Any parcels that are created on the land that is currently Lot D will have new access points Please feel to free to reach out with any questions, I can be reached at 970-214-7162 Sincerely, Michael McCrery, Manager, Cobra Ventures, LLC Nm.mo�R5� jj 1 sEcMDR SS 40442 VACATION OF LOT D OF RECORDED EXEMPTION NO 0459-15-4 RECX19-0071 BEING LOCATED WITHIN THE SOUTH ONE—HALF OF SECTION 15°��1f TOWNSHIP 9 NORTH RANGE 64 WEST OF THE SIXTH P M COUNTY OF WELD STATE OF COLORADO "� L Z - ffi Ns on RYE I CNN RUE PUT MOWS-. 6 U 2 u CR 105 LEGEND •olr S.YOLLS vmm RRBN AR2 rear R 0400 . Ion • m04In rwlo 5/I LA AS A em Tim 4000 OP NS MO, GRAPHIC SCALE 9NC TSEN �— -- 15 6015 ---U h - � IN I I.,, In ¢ Or. I' secRV w SITE �� 2111.1g K ,I 1 N`, 'h ~v8 EDMONDS LAND SURVEYING INC Po BOX 691 80-69CO 80644 P (970) 666-69]7 0 L L MITT 1 /„' x 98.5205 E 1025 T5 1 .1 I Iax6. 6® o. CR 104 A IRS iii MNI Ov SR I NgI Co yk VICINITY MAP r w 1000 1 H 091603 E 360127 I I II -405/06 ALu55 E F. u Sg r • 5 46 M X120 JO00 8 F. - VACATm MRCPuAv y LOT o TA4TE0 ON A AM am y4S IAS Mal/ I Rao � � I PERTLY., 440 2022-_ OF ME BNN F. - COMMISSIONERS Of RLo COUNTY ° RESOU1000 .0 .0 3 b 11 A na-1 I k I "X°AA,n a.0 4 CAF NN..4.r RS MOM � RECEPTION NO .-7. Lr1__— — k 107 A AID ,I "° —.8.a ��ti — O. LP wvr0• 44 - .0 Ig °' '�,KO a )' � r..IR.a aI . --nroir V -; ss 44444.. aft Mom FM 'G. 44.401. FM 9A�126 DIVE•SNWr/. sc65612 �•-- --— --50Y5S'16 W 121.91— 4405x54. ,22]664 —0000055 ] SM. N? ��` y COUNTY ROAD 104 A I.8. M.N. ILA IRe1, ME RCM or LiWlplSM 00T mMY Iumro. S0 CRAM NOTE 41) SURVEYORS CERTIFICATE Co''"05 RA0to= 000300. S1W41002 00 00 R°R1440E 14$ Plot IIIrzAA RA0 ACCURATE I REPRESENTATION OTHEREOf' I 'MINER CERISE MAT PLATTSAN AND THIS RAT COMES YHM ILL MPLICAOIL RILLS WLARONS AND LAWS OF ME 00CwRR5Of CAMM2 ADO PROT66AIL SONN. IMO°SURVEYORSO,MO COUNTON FUR 4 VACATION OF LOT D RECXI9-0071 SFF BONG L�IOF0D 6MMEST OF THE SIXTH MINOR. 206090 ON IS TOMNSINP 0 NORTH ra COUNTY OF HELD STATE OF COLORADO 60e(Nr II E0m°NOS RS ]1466 VACATED PARCEL DESCRIPTION PROPERTY OWNER 5 CERTIFICATE ROARO OF COUNTY COMMISSIONERS APPROVAL, (FORIMLT ONO. AS LOr 0 RECS. 0011) I ME UNDERp IXEO HI SOLI 060x. IN EEL Or ME HEREON MR PARNL VACATION ArvIgVEO M THE BOARD OF COUNTY CONMRSONERS 0PLAT U. ST2/�OI LaM° Smi N Cx na* 49.4 g PNOS R W KNOT 01 LNPI NR4rz CT VNA mvmw RAT ROD C00nT xl N v DE RECORD d'TE'.:7i:•74,1:ar p x .. R . L4amiEo •s M uxRATTEo TRACT a LAxo SURVEYOR S NOTES m wm. encnlNl a po. RM s An HAND NO ME CORPORATE srN. OF WELD COURT THIS _ CAT OWNER CORM. VENTURES LAC • COI4PN0 WAITED LOSUTY COMP. a ]4260 I� 10004X30 OR o.IEIANDTHEFOR NTOM 04BEYOND00001230 MW00 001OH. 04 USEDthe M I II SEI/1 2 5.04en la es .Inv M USW OT ANT PARSES OMER MAN MOSE 00 NMCN SO1 23Colwado 11 Sea lZor .g O 0.. 201 I T Cee.ewl 0JN . xWR9J/2011 .N v a g IA..a m IT R COMMA n MM. Uar.Ir. Mum BOWO V [WRI W.ITAs50rOR ,1 GUNmSu. RRL g rt1 At60 NEWS J x46043 0009044 RI MO 1101102174 443 ME EREcrNE 501 E] SIT 1 0 mT I .. r IN IS[I/a 04 ATTEST ;."440.110116174 ATE S OF -WAY wars - ENCUMBRANCES OF 20250 •T S µ3Y USETERS N I/• V Nn 0.004 L0 ME WNA MR MW[AR C S a1m rs I U D°nlnr cr ePGlrimxc I la or eaLn..22 ) a nNNAAT WO FOR MPROPERTY FORY"00�' 2 MNSURAT 5 Q RECORD ) x¢D CN VMS RArwRm M rrnamS uw0 sumEnnc INC sOl n Mof UG C MINI cwt. v I old E.I. 1 u arm ]p2^c R0Nc TO, COLORAW W l0U WST DONNCNM AM IL4C ACTION 145[0 INN . Ser4 605 MI Su O Ions 0 w ILIA CO COUNTY OF 1 ylE IRs)T 12 Mmwss 11 �r CLOW TO 1K 90x60 O{TEOr N rRi SNMI TAMIN IN[C TEWs ATTER TW 16001 1 A RECO CDR ib IOR60xC ClFll'lo ; WS 460641IIOCN 31 'Ng NO DSO.° SUCH DEFECT EVENT NAT 1x0 ACTION OMED Wax ANY INFECT WRECK $6 1 SO` 2311.2 1 mg 116 w D_ R 220411 , ° 5'f re Le11A MORE THAN TEN YEARS MOM THE DATE or LP11A 1 1 5w w o m me! a pa nl N MN SURIET BE 4154 COMMON SHOWN HEREON of nA SE1%1 N gala S.Iron Ia. u OnUV. 1 Wnx Off Wx 1x0 01143E SFAL WORM 3) SU.T � 0041 6 AwRUR00E6T FM THE SURNLT OF nos 0604016 R US M1214. So IS NO I/ipor.. I .2L5.wen IS I4.... a WARY 20.0 0 IN 26]0 2 S es1 AmorS.IS Se.Lm of n SAN/ 14.4 of rod ON EI6NCS Al Duo OE O4NI.OS BEMMS04.021 N s SURVEY ARE IW MY COxxRS BASED ON THE EAST SetSalft. w1 10!000 SW1/4 of PM Gong 3I w I . A. I UUNE OF THE SOUTHEAST ONE WRITER .01 OF SECTION 40tIon I0CG DUI 21 Iw1 CE unT �TT OF MME SRH PIA BEM. T. IONO AMVEY �0101NSENn°As OI OS U L ] J 0 l M NOG . E 'Inf 15 I I I East 40. 4x0 LAM sum so1411r RT Im SCl/1 1 ADIa Am IS r n PO.I K MONTANE ON ME c0.0PU0 STATE PLANE c00ROWIL SM. NOSH SONE NNA00103 /2011 Caa1D. 420CC M (Co..)IRum v Ms A INS Su,m1 5) ME '00055 AREA USTED Is FOR THAT PORTION THAT Is INCLUDED IN ME RIGHTS OF -WAY IOU COUNTY R01DS ST AND 100 ME NET 434 US. OMs =tux 160301E P0MO., room ME oo SITE MALE) 41051 -M. -RAY •• i01!'dM Rd4FRSMkWIY Qli 6f7{YQIf JifN t ll Iv315. IS MAW. In2.343 23 41306Ad CAP .6.1WPT Pa 3.11 r 6I p�I I- 178 • E• 8 9. SW CORKIN SEC iS lawman. v.. 20461 RECORDED EXEMPTION NO. 0459-15-4 RECXl9-007/ BEING LOCATED WITHIN THE SOUTH ONE-HALF OF SECTION 15 TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN COUNTY OF WELD, STATE OF COLORADO SHEET 2 OF 2 10/4 ta, MI WNW WNW. P.S 2001 LEGFNI) eo[c mays MANN 2mf04 *30 nor ro sour mum Amor OM. as Imo O mum mu. e/0 ImM MAIM w u 24607 • 11ur m 6a a• Row 9776 PLASM w w 21964 GRAPHIC SCALE } I Islacot,aI loed y%r/ ; 665211 E 182175 :nee Oi¢n[is11n[?11 5 S5S80 .1v �8],.1- 01.6 16.14.WENT NS 10333 ri COUNTY ROAD 104 (60, 9061. NV) Our w6Tn r 9 wrC'41 �[vI/vri°ivn p SW45 46 m mom, I. I. e.e 9 LOT s 0¢rAGSM m) 6 6 _ 8 LOT B LOT C .Iee aisCAp 1 .Im IZAINms1 "11,141r ay. 2636.64 8 mu r.,raWel. WOAD NAP 0.111. W340, �2.. -13671i 145* 60? 12 34425 ts if 8(0215-0071 0NO2EET NG 10•_1 Laav vi i11laAIII1Wll-0IWIlNal4R41111 RECORDED EXEMPTION NO. 0459-15-4 RECX19-007/ BEING LOCATED WITHIN THE SOUTH ONE-HALF OF SECTION 15 TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO SHEET 1 OF 2 PROPERTY OWNER'S CFRIIRCAIP 1. THE DESCRIBED BUNG THE P. N FED P THE HEREON ATTACHED MP L UNDFfJRTT�THANO THAT SLTDONIDE i a LOCUM "01MM°"'"E FLO BY THE C NDUCT P ER IWO USED BT MGM IS AIM Immo 10 FRO. ARDS ALIKUU11.1. ZONE ACCESSORY U56 ATID 1156 Irlidwibrluil Meade BY IIICHAEL AIR STATE or..Tivo )0s 0r .=Le.- AO 2WS B10 �W)� At ILL -04th.— Hr ler COLIUSSON PPD. 04.4.1 EAsYMFWT nYMCAnnW CIRn1)r.5T 11E UMIESSONED NIMBI PED.CATES ST MI5 RAT FOR 11E DENOTT OF TM DLPARIN?? Or PIANNINO SPRWCYC ANONYM, SO,eS IATASeACCATWT� O BY ME ODARTM00 OF NANO 01 nre0,O zerwonnoccoo esoRr w< Ms ll&'wY WITNESS MY ICED ARO OTFCM1Ns[N. 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R 0i Lad 0. ti g � ".S2 5 98 ERE.19-00)�- PRNELf NO 10-04701 yD WOOL L 1 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 4, 2022 TIME: 9 00 a m APPLICANT: Cobra Ventures, LLC c/o Michael McCrery 1719 East Mulberry Street Fort Collins, Colorado 80524 REQUEST. Partial Vacation of Four -Lot Recorded Exemption, RECX19-0071, for Removal of Lot D LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX19-0071, being part of the S1/2 of Section 15, Township 9 North, Range 64 West of the 6th P M , Weld County, Colorado LOCATION: Approximately 0 70 miles south of County Road 106, west of and adjacent to County Road 57 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: March 23, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX19-0071 Owner COBRA VENTURES, LLC Address 1719 EAST MULBERRY STREET City State Zip FORT COLLINS CO 80524-3523 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, RECX19-0071, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 23rd day of March, 2022. Janet M. Warwick Deputy Clerk to the Board U.S, Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only 411091Mill tali; For delivery information, visit our website at www.usps.com®. OFFIC! J Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) Return Receipt (electronic) • Certified Mail Restricted Delivery ❑ Adult Signature Required ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees 4045 1,dh City, e Z +4 ©i4- `'`Z 3 I23 Postmark Here PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions her • • a. SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: attra. tiat-hfres LW €016-11.441 61 • Ff4- CLtLtn3 aeo s b5z4 35Z3 9590 9402 6294 0274 3372 05 2. Article NiimhAr fTran.cfpr frnm ccruira 7017 11450 0000 9675 0640 PS Form 3811, July 2020 PSN 7530-02-000-9053 I COMPLETE IRIS SECTION ON DELIVERY A. Signature X D 1(11 c B. Received by (Printed Name) \C Agent Addressee C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No • 3. Service Type o Adult Signature ❑ Adult Signature Restricted Delivery %Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery n nnikar't nn Delivery Restricted Delivery Mail flail Restricted Delivery kuvei ,pud0) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery yeas asicnr.—. Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/16/2022 3:49:12 PM THE UNDERSIGNED. States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 045915400004 (:)cca--fmjjiatutcL o I z Signature Date Account Parcel Owner Mailing Address R8952908 045914300026 OLMSTEAD HEIDI C R8952908 045914300026 OLMSTEAD ELIJAH B 51004 AULT, COUNTY CO 806109214 ROAD 57 R8952909 045914300027 RUNYON JESSE LEE R8952909 045914300027 STEWART SUNNIE CHRISTINA 51008 AULT, COUNTY CO 806109214 ROAD 57 R8952911 045914300029 MCCRERY MICHAEL J 1719 FORT E COLLINS, MULBERRY ST CO 805243523 R8960700 045915200015 COBRA VENTURES LLC 1719 FORT E COLLINS, MULBERRY ST CO 805243523 R8964113 045915400001 LAI- 1 COBRA VENTURES LLC 1719 FORTCOLLINS, O E CO MULBERRY ST CO 805243523 R8964114 045915400002 Lc kL3 COBRA VENTURES LLC 1719 FORT E COLLINS, MULBERRY ST CO 805243523 R8964115 045915400003 tt - C, COBRA VENTURES LLC 1719 FORTCOLLINS, O E COLL MULBERRY ST CO 805243523 Parcels: 12 Owner Records: 15 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/16/2022 3:49:12 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. 311(417'L Signature Date Property Owners Within 500 Feet of Parcel # 045915400004 Account Parcel Owner Mailing Address R8964116 045915400004 Ltwar) COBRA VENTURES LLC 1719 FORT E COLLINS, MULBERRY ST CO 805243523 R8960702 045915400017 COBRA VENTURES LLC 1719 FORT E COLLINS, MULBERRY ST CO 805243523 R0380086 045916000001 COLORADO STATE OF 1127 DENVER, N SHERMAN CO 802032398 ST STE 300 R0381986 045921000002 BAUR JEANNE N E B R0381986 045921000002 BAUR THOMAS G 51838 AU LT, COUNTY CO 806109222 ROAD 51 R8960708 045922200001 COBRA VENTURES LLC 1719 FORT E COLLINS, MULBERRY ST CO 805243523 Parcels: 12 Owner Records: 15 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/16/2022 3:49:12 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 045915400004 Parcels: 12 Owner Records: 15 1'n• Signature Date Page 3 of 3 PLAT VACATION APPICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE DATE RECEIVED PLANNER ASSIGNED PLAT INFORMATION Recorded Exemption No 0459-15-4 RECX19-0071 Title of plat to be vacated O Complete Vacation (must include all Tots) Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated nts S 15 T9N R64W D 045915400004 120 00 PROPERTY OWNER(S) (Attach additional sheets if necessary) Name Cobra Ventures, LLC Company Phone # 970-214-7612 Email michaelmccrery@colorado-land corn Street Address 1719 E Mulberry Street City/State/Zip Code Fort Collins, Co 80524 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authonzed Agent) Name Cobra Ventures, LLC Company Phone # 970-214-7612 Email michaelmccrery@colorado-land corn Street Address 1719 E Mulberry Street City/State/Zip Code Fort Collins, CO 80524 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 authonty 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 11/irkijj) C Signature 0r or Authorized Age r Date Signature Owner or Authonzed Agent Date Michael J McCrery, Manager Print Owner or Authorized Agent Print Owner or Authorized Agent 7/20/2021 This OPERATING AGREEMENT of Cobra Ventures, LLC. a day of May, 2014, by Cobra Ventures, LLC, a Colorado limited liability company `Company") and Michael .. McCrery ("McCrery"), as its sole member. A. `fhe Company €as farmed pursuant to the Colorado Limited Liability Company Act, Article 80 of Title r. of the Colorado Revised Statutes as amended, (the .:LLC Act"), on May 7, 2014, by the filing of Articles of Organization (the "Articles"' office of the Colorado Secretary of State. E: The Company and its sole member desire to ester into this lin it e m y agreement pursuant to the LLC Act. AGREEMENT NOW, THEREFORE, for good acrd valuable consideration, the receipt sufficiency of winch is hereby acknowledged, the parties hereto agree as folio LI. Ru os of the Company. The purpose o #Fte Company is to engage in ; transactions of any la s C E business. Pour . The . any shall l ye all the powers of a limited li: bil ty com+-., yonder file LLC Act. f.. Duration. The Company shall have'perpettttak e ristence and shall continue until it is sssolved pursuant to Article 6 of this Agreement 1.4. effect of dpera ° g Agreebaeut. This Agreement shall b #lie sole governing documnt for the Company. The provisions of this Agreement shall. control over provisions oth LLCAct contrary to the provisions of this Agreement, except to the extent any provisions of this Agreement are expressly prohibited or ineffective under the LLC Act or other applicable law. The manager shall be entitled to rely upon the provisions of this Agreement, and the manager shall not be liable to the Company for any action taken, any omission or any refusal to act, in reliance upon the provisions of this Agreement in good faith. ARTICLE 2 OFFICE; RECORDS 2.1. Principal Place of Business. The principal place of business of the Company shall be determined by the member from time to time. The initial principal. place of business shall be as stated in the Articles. 2.2. Registered Office and Agent. The Company shall at all times have and maintain in the State of Colorado a registered agent for service of process in accordance with the LLC Act. The initial registered agent and the agent's business address are as specified in the Articles. The member may change the registered agent of the Company upon making the filings with the office of the Colorado Secretary of State as required by the LLC Act. The registered agent may change its business address upon notice to the Company and upon making the filings with the office of the Colorado Secretary of State as required by the LLC Act. 2.3. Records. The member shall keep and maintain at the principal office of the Company, and otherwise, such books and records as the member may determine to be appropriate. 3.1. Company. ARTICLE 3 MEMBER Initial Member. Michael .1. McCrery shall be the sole member of the ■ 3.2. Meetings. No annual or other meetings of the Company or its member shall be required. Except as otherwise expressly provided in this Agreement, all actions of the Company shall be taken by consent of the member. 3.3. Consent. Except for the amendment of this Agreement, and the admission_ of an additional member and the appointment of'an agent for the Company, which shall require the written consent of the member, consent of the member may be manifested by the member in writing, orally or otherwise (including, without limitation, course of conduct). 3.4. Transfer of Interest. The interest of the member in the Company may be transferred by the member voluntarily or by operation of law. Upon transfer of the entirety of the member's interest in the Company, the transferee shall, without further documentation or action, become the member of the Company. 2 s of Additional Members. Except as provided Section 3.4, a an additional member of the Company only upon the corssent oUpon the admission of any additional member, such member shall execute this Agreement, as amended to take into account the interest of su additional member, the resulting change in the income tax status of the Company an other, matters as may be agreed by the member and such additional member. 3.6. Liability of Member. The member shall not be liable under a judgm decree, order of a court, or in any other manner, for any debt, obligation or liability of the Company. 3.7. Duties of the Member. The member all be required to devote only so much time and attention to the business of the Company as the member may, in its sole discretion, determine. The member shall be entitled to engage in other activities and businesses; including, without limitation, activities and businesses competitive with the businesses of the Company. The member shall not be required to giv pony the opportunity to participate in, or benefit from, any such activities or businesses. Conflicts o Interest. A member does not viol the Company merely because the member's conduct furthers th A member may lend money to, borrow money from, ac for; guarantee or assume one or more obligations of, provi other business with, the Company, and has the same rights and oblige any such matters as those of a person who is not a member o the Company. No transaction shall be voi+able solely because the member has a direct or indirect inte the transaction if the transaction is fair to the Company. 3.9. on. Without limiting any other obligation oftl Goa ember, the Company shall indemnify the member and manager with respet advances fors the payments made, personal liabilities incurred, and expense incurred, by the n ember in the ordinary and proper conduct of the Company'sbusine andaffairs (including the winding up thereof) or the preservation of the Company's business or property, to the maximum extent indemnification and advances are permitted under of the LLC Act. ARTICLE 4 MANAGEMENT 4.1. Powers. The management of the Company shall be vested in the who shall have, with respect to the Company and its business and a-ffairs, all of powers of a manager under the LLC Act. The manager shall exercise all powers o Company. The initial man er shall be Michael J. McCrery. The manager may appoint .. another person to be a manager by written consent only. 4.2. Agency. The manager shall be the agent of the Company. The exec delivery by the manager on behalf of and in the name of the company of any docu t shall constitute conclusive evidence of (a) the manager's power and authority on b " of and in the name of the Company to execute and deliver such document; (b) the power and authority ofthe Company to execute and deliver such document and to perform all obligations (if any) of the Company provided therein; and (c) the truth of any statemea contained therein as to any action taken or to be taken by the manager or the Cola (including such matters as formation, existence, power and authority, author execution or delivery, theidentities and genuine signatures of the manager,or the company and theexistence or nonexistence of any fact constituting a conditio precedent to the taking of any action by any of the foregoing). The manageca written instrument, appoint any other agents for the Company as he may elect f to time. ARTICLE 5 FINANCIAL MA 1' 1:`ERS al Capital Contribution. As its initial capital contribution, the ntributed to the Company the following: $5,000.00. diit dual Capital Contributions. The member may, but e any additional capital contributions to the Company: 5.3. Profits and Losses. For federal and state income tax purposes; the Company shall be disregarded as an entity separate from the member. 5.4. D3 ibntions. All distributions of cash or other assets of the Cor shall be made to the member, subject to Section 5.5 below, as determined by the The member shall have the right to demand distributions form the Company in other than cash. 5.5. Limits on Distributions. The Company shall not make a distribution to member to the extent that at the time of the distribution, after giving effect to the distribution, all liabilities of the Company, other than liabilities to the member on account 4 exceed the fair value of the asset sited by the LLC Act or other app .6. ` Taxpayer nti ication Number. For federal income tax.purposes the extent permitted by the applicable laws ill ether purposes, the taxpayer or other identification number (EIN) of the Company shall be 46-5601882. of the Company shall be the sure as tht TICLE 6 6.2. Winding up. Upon the dissolution of ilia Company, tli metrkber shalt filed statement of intent to dissolve in the office csfthe Colorado Secretary of State is accordance with irte LLC Act. Upon the ding of the statement sf intent to dissolve, the Canrpany shall -cease to carry. on its business, except insofar as may be necessary fog ilia' winding up of its tsiriess, and the Company shall be wound up by the member or any one or more other persons appointed by the member for such a purpose, as liquidating trustee. The assets of the Company shall be, distributed in the following order: (a to creditors in the manner required by the LLC Act; and Termination. Upon the completion of wi terminate,. and the liquidating trustee shall file articles o Colorado Secretary of State in accordance with LLC Act. or and Assigns. This Agree 'es hereto and their suecesso: 7.2. Governing Law, This Agreement shall be governed by and constructed in accordance with the Laws of the State of Colorado without regard to theprinciples applicable to conflicts of laws. 7.3. Severability. Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement, or affecting the validity or unenforceability of any of the terms or provisions of this Agreement in any other jurisdiction. 7.4. Amendment. This agreement may be modified or amended only by a written instrument signed by the member. 7.5. No Third Party Beneficiaries. This Agreement is for the sole benefit of the Company and the member, and no other person is intended to be a beneficiary of this Agreement or have any rights hereunder. Without limiting the generality of the foregoing, except as otherwise expressly provided in the LLC Act or applicable law, no creditor shall have any rights with respect to any agreement between the Company and the member with respect to capital contributions or otherwise under this Agreement. IN WITNESS WHEREOF, this Operating Agreement of Cobra Ventures, has been executed as of the 8th day of May, 2014. COBRA VENTURES, LLC, a Colorado limited liability company MEMBER: 77/i /I &E.c Michael J. McCrery 6 4793233 Pages: 1 of 1 09/07/2021 09 13 AM R Foe $13 00 D F.. 10 00 Carly Kopp.®, Clerk and Recorder, Weld County , CO 1111IMP VII 11111 Quit Claim Deed (Pursuant to 38-30-116 C R S ) THIS DEED, made on AUGUST 31, 2021 by COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantor(s), of the County of LARIMER and State of COLORADO for the consideration of *** TEN DOLLARS AND NO/100 *** dollars in hand paid, hereby sells and quitclaims to COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 1719 E. MULBERRY STREET, FORT COLLINS, CO 80524 County of LARIMER, State of COLORADO, the following real property in the County of WELD, and State of Colorado, to wit LOT D, RECORDED EXEMPTION NO. 0459-15-4 RECX19-0071, RECORDED DECEMBER 18, 2019 AT RECEPTION NO. 4551471, BEING A PART OF THE SOUTH HALF OF SECTION 15, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. also known by street and number as VACANT LAND, AULT, CO 80610 with all its appurtenances COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY MICHAEL J CRER/// ANN A GE ! CR, MANAGER/ State of COLORADO )ss County of LARIMER The foregoing instrument was acknowledged before me this day of by MICHAEL J. MCCRERY, MANAGER FOR COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY 9=2-o2e2� Notary Public My commission expires _ LORI LEINGANG NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19924008106 My Commission Expires March 11, 2021 When recorded return to COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY 1719 E MULBERRY STREET, FORT COLLINS, CO 80524 MaTr] l TY -e- August 1, 2019 Michael J. McCrery 1719 E Mulberry Street Fort Collins, CO 80524 Subject: 4 -Lot Recorded Exemption RECX19-0071 Parcel ID #: 0459-15-0-00-008 Dear Cobra Ventures, LLC c/o Michael J. McCrery, 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 recordec 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 II DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Cobra Ventures, LLC c/o Michael J McCrery RECX19-0071 Planner Michael Hall Legal Description Being a part of the S2 of Section 15, T9N, R64W of the 6th P M , Weld County, CO Parcel ID # 0459-15-0-00-008 Lot A Size +/- 6 67 acres Lot B Size +/- 6 67 acres Lot C Size +/- 6 67 acres Lot D Size +/- 120 acres Water Source Lot A Proposed Well Lot B Proposed Well Lot C Proposed Well Lot D Well # #311548 Sewer System Lot A Proposed Septic Lot B Proposed Septic Lot C Proposed Septic Lot D Unpermitted 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 Comphes 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 Narrative The proposed application seeks to split a 144 64 acre metes and bounds parcel of land, described in the deed, recorded May 28, 2019, reception # 4492133 No parcel number for this parcel has been assigned yet This deed split the subject recorded exemption parcel off of Section 15, which was 640 acres (PIN 0459-15-0-00-008) 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 RECX19-0071 Page 1 of 6 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 3 Prior to recording the plat A The applicant shall satisfy the concerns of Weld County School District RE -2, as stated in the referral response dated June 10, 2019 per Section 24-8-40 K 1 of the Weld County Code Evidence of such shall be submitted in writing to the Weld County Department of Planning Services B All septic systems located on the property shall have appropriate documentation/permits from the Weld County Department of Public Health & Environment The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located on the Lot D of this application Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require a Statement of Existing Evaluation prior to the issuance of the required documentation In the event the system is found to be inadequate, the system must be brought into compliance with current regulations C 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 D 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 E 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 4 Items to be included on the plat A The plat shall be titled Recorded Exemption No 0459-15-4 RECX19-0071 B County Road 104 is an unmaintained section line right-of-way The applicant shall verify and delineate on the map the unmaintained right-of-way from the lots to and including the connection to County Road 57 Reference the documents creating the right-of-way All setbacks shall be measured from the edge of right-of-way This road is not maintained by Weld County Any unmaintained road needs to be located/identified in relationship to the right-of-way Show and label the section line Right -of -Way as "CR 104 Section Line Right- of-way, not County maintained" C County Road 57 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout The applicant shall delineate and label on the plat the existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road If the existing right-of-way cannot be verified it shall be dedicated The applicant shall also delineate the physical location of the roadway Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line This road is maintained by Weld County RECX19-0071 Page 2 of 6 D Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas) Public Works will review access locations as a part of the plat submittal 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 2018 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 property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way 7) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking 8) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat 9) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement 10) The historical flow patterns and runoff amounts will be maintained on the site 11) 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 RECX19-0071 Page 3 of 6 12) 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 13) 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 14) 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 animals The State Division of Water Resources issues all well permits 15) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter 16) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit The State Division of Water Resources issues all well permits 17) 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 18) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program 19) 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 20) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy, (b) the populous counties of the state face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development Often times, mineral resource sites are fixed to their geographical and geophysical locations Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource 21) WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are RECX19-0071 Page 4 of 6 drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers People are exposed to different hazards in the County than in an urban or suburban setting Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood 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 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) RECX19-0071 Page 5 of 6 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 8 If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant 9 The applicant shall create and record deeds for all the newly created lots, deeds shall include the legal description of each lot and the reception of the recorded exemption New deeds are required even if lots will remain under the same ownership Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title By Date 08/01/2019 Michael Hall, Planner II RECX19-0071 Page 6 of 6 Hello