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Home My WebLink About20203482.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WEDNESDAY, NOVEMBER 25, 2020 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration Building, Greeley, Colorado, November 25, 2020, at the hour of 9:00 a.m. • ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Pro-Tem — EXCUSED Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Assistant County Attorney, Bob Choate Acting Clerk to the Board, Isabella Juanicorena Assistant Controller, Chris D'Ovidio MINUTES: Commissioner Ross moved to approve the Minutes of the Board of County Commissioners meeting of November 23, 2020, as printed. Commissioner James seconded the motion, and it carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. • CONSENT AGENDA: Commissioner Ross moved to approve the Consent Agenda, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. • PUBLIC INPUT: John and Marisa Bell, Kersey residents, stated the County vacated a 30 -foot utility easement and they requested the help from the Board of County Commissioners to reinstate said easement. Mr. and Mrs. Bell submitted a packet of information to the record (Exhibit A). In response to Chair Freeman, they shared the easement was vacated in 2012 or 2013, but further explained discovery of the vacated easement caused them to withdraw an application to the Department of Planning Services for a land split. Commissioner James suggested the residents work with the Department of Planning Services to investigate the easement issues. Minutes, Wednesday, November 25, 2020 Page 1 2020-3482 BC0016 O/O9 i ao i • NEW BUSINESS: 1) CONSIDER CONTRACT ID #4245 MEMORANDUM OF UNDERSTANDING FOR CHILD WELFARE AND ADULT PROTECTIVE SERVICES HOTLINE AND AUTHORIZE CHAIR TO SIGN - PROWERS COUNTY: Tami Grant, Deputy Director of the Department of Human Services, requested to enter into a Memorandum of Understanding (MOU) for 2021 with Prowers County to continue to purchase Call Coverage Services from the Prowers County Hotline for Child Welfare and Adult Protection Services (APS). Commissioner Kirkmeyer moved to approve said memorandum of understanding and authorize Chair to sign. The motion was seconded by Commissioner Ross and it carried unanimously. • 2) CONSIDER CONTRACT ID #4258 MEMORANDUM OF UNDERSTANDING FOR DISASTER RECOVERY NATIONAL DISLOCATED WORKER GRANT (CORESPONDS) AND NATIONAL EMPLOYMENT RECOVERY DISLOCATED WORKER GRANT (RECOVERCO) AND AUTHORIZE CHAIR TO SIGN - JEFFERSON COUNTY: Ms. Grant presented the Memorandum of Understanding (MOU) with Jefferson County and shared the purpose of the grant is to provide various career and training services in response to the COVID-19 Pandemic Health Emergency. She stated the grant includes two (2) sub -awards; the first for RecoverCO and the other for COResponds. Commissioner James moved to approve said MOU and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. • 3) CONSIDER CONTRACT ID #4250 CHILD PROTECTION AGREEMENT FOR SERVICES (BID #B2000037) AND AUTHORIZE CHAIR TO SIGN - ROUNDUP FELLOWSHIP, INC.: Ms. Grant stated the agreement will provide child welfare mentoring and prevention services. Commissioner Ross moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Clerk to the Board. Minutes, Wednesday, November 25, 2020 Page 2 2020-3482 BC0016 There being no further business, this meeting was adjourned at 9:10 a.m. ATTEST: detAiA) ±41 Weld County Clerk to the Board BY: eputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO S Mike Freeman, Chair EXCUSED Steve Kevin D. Ross Minutes, Wednesday, November 25, 2020 Page 3 2020-3482 BC0016 November 24, 2020 Weld County Commissioners, Please review the plat concerning the illegal removal of our 30 ft. Right of way and utility easement, for the benefit of Lot A and Lot B. We are requesting in writing how this was legally done. There was no notification to us, or our approval! It is the responsibility of Weld County: 1. To rectify this, by re-recording the original plat reflecting the benefit of the original easement. 2. To notify the landowner that we have full rights and access to our easement. 3. To notify the landowner that they must remove, any, and all, improvements on said easement. 4. Copies will be sent to us upon re-recording of the plat and all notifications stated above. John M. Bell P.O. Box 725 25361 Weld County Road 53 Kersey CO 80644 970-302-4477 Bellmarisa75@gmail.com X 95 10:31AM FROM WELD COUNTY TITLE 970 356 3248 • R I6T-OE_fAY EASEMENT AGREEMENT For good and valuable consideration; the receipt and sufficiency of which is hereby acknowledged, the undersigned, 0, R. Oman and Nancy Davis Vrooaan, being the owners of record of Asended Lot 8 of Recorded Exeeption No. x953-29_4eREb59, located in the NEI/4 of the SEI/t of Section 79, Township S 'forth, Range 64 4est of the 5th FIN, as per sap recorded April 18, 1984 in gook 1027, Reception No, 1963512, Weld County, Colorado records, ('Aaended Lot 8°) do hereby grant and dedicate a perpetual right-ofwway easesent over the north 10 feet of Asende4 Lot 8 to felvin Brug and Ola Fae Orug, .ovner5 of record of Lot A and Lot 8 of Recorded Exeption No. 0963-29-4-RE1602, located in the N1/2 of the SE1/4 of Section•29, Township 5 North, Range 64 vest of the 6th P.R., as per sap recorded July 21, 1934, in Book 1151 as Reception No, 2398693, Veld County, Colorado records, (*Lot A' and 'Lot 8') for the purpose,of ingress, egress, and utility installations for the benefit of Lot A and Lot 8. The undersigned do hereby agree to keep the north 40 feet of Attended Lot 8 clear of all bushes, trees, shrubbery and other plants, fences, gates, buildings, eachinery, autosobiles, trash, rubbish, debri, and other objects, saterials and substances, and to allow the construction, use, saintenance, and repair of roadways and utility lines that benefit said Lot A and Lot B. In addition to the above described 10 foot rightoofoni easeeent, the undersigned do hereby gram and dedicate a perpetual r ightsof -way easennt across the south 30 feet of Attended Lot B to tlelvin and Ola fee Drug for ingress and egress for the purpose of installing, maintaining and repairing utility lines that benefit the above described Lot A and Let 8, The undersigned agree to keep the south 30 feet of Fended Lot B clear of all, bushes, trees, shrubbery and other plants, buildings, sachinery, autosobiles, trash, rubbish, debri, and other objects, ©aterials and substances, and, when installing fencing between Aaended Lot B and Lot 8, to install no less than a 14 tootvidegate opening between this right'uf-way easement and Lot 8, Both of the above described righteof-way easements/agreeients shall be binding upon all heirs, assigns, and successors of the parties end herein nd shall run with the laud for the bene f i t of is and tot 8, Ot red this _IL. dale of 1996, Vron :4'<in° 4 1 t *}�✓.�, wr' - NV aniSe1a• 4MPINO 1 N. •, ' r It ••� 'L.� i •• .. e l 4r! ,r Co. •.♦ r estr ? f tee . °B / ,, lfik "ET: t' ;for t vas acknovledged before De this __ ofvszahgoisi 1 f .'�► •t.6 si6day �� Oavfs Vroosan \ ` �. • •,i trine a• i *t $,s_: id official seal, ,. • �r caseisston expires; fly conitaslan Egires An I r . • . $ . •• • $ �• y A. 7�rly :1 •e - 12480693 8-1537 P-315 03/13/96 03:18P PG 1 OF . Wmid County CO Cl Ark A RAnnrciar •ri • . • ENV 398b9 ■ 3679 B 1451 REC O2398693 O7/21/94 15:O6 $10.00 1/OO1 F 2O53 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ci L_ N rn ai 3 N 0 0 7 { rn M 8 8 RECORDED EXEMPTION NO. 0963 - 29 -4 -RE 1602 LOCATED IN THE SE 1/4 OF SECTION 29, T 5 N. , R.64 W. OF THE 611-I P.M., WELD CO., COLO. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three (3) years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon . NOTE: At the request of our. client, recorded easements and rights -of -way have hot been researched by us or shown on this plat. The easements and rights -of - way which may be shown hereon may not be complete, are based on general information, and are to be used only in this context. r►- N•88(154140 "E. I320.60'meas. I3I9.00`rec. - m /-0-- N.89°13'07"E. I320.69'rec. 1320.95'meas N- M LOT 'A' 21.121 ±AC. SeLL S. 89°12'48"W 1321.10' N Ade ion 21 LOT `B' 28.867* Ac. 30'UTIL.� ESM'T 9.00°03'48"E. 660.00' N.89° 13'O7'E. 1321.13' tn CC 0 8 O 10 CD __- _6113.— - clei,e t' 4O' Ingress —Egress 8i Utility Easement JJAba O y Wp/c s) III cr O O 8 z r) N AMENDED LOT 'e' RE659 3O' Utility Esmt. I O 1 1 3OO SCALE: I"= 3OO' � - PIN FOUND, AS DESCRIBED • -PIN SET, NO.4 BAR W/YEL PLASTIC CAP -FREESE ENGR. LS 4392, OR AS DESCRIBED 19 WCR 54 S.88'57'06" W. 1979. 3.1' metrs (1977.33'rec.) T_ P. O. B. 2642.I7'rec. 2643.13' meas. OWNER: MELVIN a OLIN F .\YE BRUG 25355 WCR 53 KERSEY, CO 80644 663.82' SE COR SEC 29 T5 N, R64W. 3 1/4 ALUM. CAP -- LS 1O855 POINT OF BEGINNING E I/4 C0R. 29-5 -64 3 1/4" ALUM.CAP LS 10855 At/E care i Aar 5413 2 ( Basis of Bearings) „scar .4 r is'439Z LOT 'A' 21. 12 1 t Ac. (Only Lot 'AI surveyed) 2O , 21 LOT 'B' 28,867 *Ac. VICINITY MAP SCALE:111= 2OOO' TOTAL 49$C4tAcres 4# Chairman Attest: Weld Ccyyanty Clerk to the Board deputy Clerk t-, the Board T The Northwest Quarter of the '; r;';tneast Northeast Quarter of the Scmtheat Quarter North, Range 64 West of the 6th P.M., WeV Ocularly described as follow*: (NWiS +E1 ) and part of th of Section 29, Township 5 Colorado being more pa' - Beginning at the East Quarter Corner ( iEi Co:') if said Section 29 frig the East line of the Southeast Quarter ('S•:.; . said Section 29 to hear 3 tzth 00°04'44" East and with all other bearings cor.5.ained herein rclatiw thereto: .ltd ixmsicler-- Thence South 00°04'44" East, 1314.66 fact; Thence South 88°57'06" West, 663.82 feet to the True Point of Beginning Thence Section Thence 1319.91 Thence Thence Thence Thence South 88°57'06" West, 1979.31 29 (1977.33 feet record); North 0000'49" West along the North -South centerline of Section, 29, feet (North 00°02'26." West, 1319.92 feet record); North 88°54'40" East, 1320.60 feet (1319,00 feet record); South 00°03'48" East, 660.00 feet; North 899°13'07" Last, 657.35 feet; South 00°04'44" East, 657.75 feet to the True Point of .:seginning (T.P.O.B.); Said described parcel contains 49.998 acres more or less(49.95 acres PROPERTY OWNER'S CERTIFICATE feet to the North -South centerline of record). We, Melvin and Ola Faye Brug, being the sole owners in fee of the above de- scribed property do hereby subdivide the same as shown on the attached map. 1 understand this property is located in the A -Agriculture zone district and is also intended to provide areas for the conduct of other uses by right, accessory uses, and uses by special review. I do hereby dedicate, for the benefit of property 4hown or described hereon, easements for the purposes shown described hereon. Melvin Brug (alai Ltt- ()la Faye. Brug the or The foregoing certification was acknowledged before me- this . arty :f 3 ✓ 9 , 1994, by Melvin and Ola Faye Brug. Wites sa d> > ..nand and sesi . My Commission expires.: 5/20 NS SURVEYOR'S CERTIFICATE Notary ;tulle 1, Jasper Freese, a Registered Professional Land Surveyor • in the State of Colo- rado do hereby certify that this Recorded Exemption plat was prepared under my personal supervision and that this plat is an accurate representation thereof. 1 further certify that the survey and this plat complies with all applic rules. regulations, and laws of the State of Colorado. State Board of :.Regis, for Professional Engineers and Professional Land Surveyors. and 1AI,>ti d Land Surveyor. Colo. Reg. #4392 Date This plat is accepted and approved for filing. :gunxy Co11 3issioners ' /" „ is The foregoing certification was acknowledged before me this 19 Witness my hand and official seal. -My commission expires: day of Notary Public RECORDED EXEMPTION NO. O963 -29 -4 -RE 16O2 LOCATED IN THE SE 1/4 OF SEC. 29,T 5 N. , R.64 W. OF THE 6TH P.M. , WELD CO., COLO. PROJECT: 1994- 29 DATE: JUN 1994 FREESE ENGINEERING 1523 6TH AVENUE GREELEY, CO 8O631 sheet 111111 1111111111 111111 I I I I I I I I 11111111 I I I1111111111111 1j 3189158 ootiot2004 11:37A Meld Gounry, CO 1 of 1 R 11.00 0 0.00 Steve Morena Clerk & Recorder N-5 CENTER LINE. _ In BY LS 10855 — SCALE: 1" = 2011• u u� 1 2 3 400' • : FOUND Rut & CAP FREESE LS 4302 OR A.S. DESCRIBED • = SET I/4 BAR W/YElLOW CAP FREESE ENGINEERING L54392 BASIS OF BEARINGS BEGINNING of the East Quarter Corner (0 1/4 Cot.) of Section 29, township 5 North. Range 84 West as monumented by a foundn6 rebor with Aluminum cup stamped us per BOA instructions and BERLIER IS 10855, and the Southeosl Corner (SE Cor) el said • u 29 o ented o c found #6 tabor with olorninurn cop stomped us per BOA instructions and BERLIER LS 10855 to bear South 00' 04'44' East. 0110 oil other bearings contained herein relative there to. SC As CORNER FOUND 3,1'cR AL CAP—' BERLIER LS 10855 OWNER, MATTHEW & JULIE UYEMURA 25355 WCR 53 HER,EY, COLORADO 80644 20 54 's II 31 32 VICINITY MAR LOT "81-1 SCALE , sa'a R64W 28 AMENDED RECORDED EXEMPTION No. 0963-29-4-AmRE-1602 N 88(54'4O_.c3'20.60'N) —. 13t9,_(N), LO'I "A" RE -1602 N 89'12.48` E 1321 0' PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO N 0'3'48" W 40,12' TSN WCR 52 33 FOUND ALL MONUMENTS FOR LOT "B" NOT RESURVEYED LOT "B" RE -1602 26.855 3 AC 1977.50' (M) 1977.35 (R) AMENDED RECORDED EXEMPTION FILED TO REMOVE 30' UNILITY EASEMENT ACROSS ' Of Ni" N 8913'7" E ,320.95_(0) 1320.6919_ FOUND y4 REBA4 w/YELLOW CAP - LS 7242 1321.13' FOUND 44 REBAR w/YELLOW CAP—. LS 7242 S 88'57.6" W 2643.13(0) 2642.17(R) NOTICE: According to Colorado law you must commence any legal action bowed upon any detect in [his sl vey within three (3) years after you first discover such defect. In no vent, troy ony ,action based upon any defect in this survey be commenced more than ten yearsfrom the dote of the certification snows hereon. NOTICE: Al the request of o client, recorded easements and rights —of —coy have not beentad by us or shown on this plat. Therights—of—way and righ—of—way which nov oe shown 'n not be complete, are bowed on general information. and ore to be used only in th is context. FOUND J(4 REBAR L40' INGRESS -EGRESS & UTILITY EASEMENT ACROSS LOT "B" OF ArnRE-1602 LOT "B" AmRE-659 665.64 E 14 CORNER 529, T5N, 864W FOUND 3A"e AL CAP LS 10855 SECORNER 529, TON, 464W FOUND 3X4"b AL CAP j/ LS 10855 LEGAL DESCRIPTION Lot "Br of RE 1602. being port of the North Half of the Southeast Quarter of Section 29, Township 5 North. Range 64 West of the 6th Principal Meridian, Weld Coun ly, Colorado Said described parcel contains 28.855 Acres more or less, and is subject to any rights —of —way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYORS CERTIFICATE I, Jasper Freese a Registered Professional Land Surveyor in the Stole of Colorado do hereby certify that this Recorded Exemption Plat was prepared under my personal supervision and that this plot is an urate representation thereof. I further certify that the wormy end this plat complies with all applicable rules, regulations, and laws of the State of Colorado. Stale Board of Registration for Professional Engineers and Professional Land Sureweaf� asper e Regste ed nd SJry �jotr�rl9orado Reg ho. 4}R2 PROPERT • , ERS' DERI/IdATE We. Matthew ${.Julie Uyemura and= -being the sole owners in fee of the above described property do hereby subdivide the cam s shaven on' the attached map. We understand this property is located in the A -Agriculture zone district and es 'atarn intended to provide oe s for the conduct of other uses by right, accessory uses, and uses by special review. We do hereby dedicate, for the benefit of the property shown or described hereon easements for thepurposes shown or described hereon. Matthew Uyemoro Julie llyemura The foregoing certification was acknowledged before roe this a( day of /2k/If,/./ Uyemara. r Witness my hand and seal. My commission expires: ACCEPTANCE This plot is accepted and approved for filing. Oiredtor'Oepartment of Planning Services The foregoing certification was acknowledged before me this 15 day of j_ 2004. Witness my hand and seal. 2004 by Matthew & Julie Ngtpry' Public: My Commission expires: Notary Public BILLIE J. MOORE NOTARY PUBLIC STATE OF COLORADO 1. All proposed or existing structures wilt or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuont to the definition of selbock in the Weld County Code. the required setback is measured from the future right—cf—way line. `No building or structure os defined and limited to those occupancies listed as Groups A, 0, E. H, I, M and R in Table 3—A of the 1997 Uniform Building Code. shall he constructed within a 200— foot radius of any tank battery or within a 150 —foot radius of any wellhead. Any construction within a 200 —foot rodiius of any tank battery or 150 —foot radius of any wellhead shall require a variance from the terms of Section 23-3-10 of the Weld County Code. 2. Any future structures or uses on site must obtain the appropriate zoning and building permits. 3. Prior to the release of building permits the applicant shall submit o recorded deed describing the lot upon which the building permit is requested with the building permit applicotion. The legal description on such deed shall include the Lot designation and recorded exemption number. 4. Prior to the release of building permits for any structure exceeding 3.600 square feet, the applicant must comply with the requirements of Appendix III —A of the Uniform Fire Code. 5. Should noxious weeds exist on the property or become established Os o result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 6. Effective Januory 1. 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11). 7. Potential Purchasers ore hereby notified that a confined almot feeding operation (SUP 139 far 100,000 turkeys) is located west of the intersection of Weld County Road 51 and 1/2 mile south of County Rood 54. Off —site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 8. WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties In the United Slates, ranking fifth in total market value of egriiculturol products sold. The rural areas of Weld County may be open and spacious, but they ore intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long—standing agricultural proctices and lower level of services thou i ln town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: e 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 the rural area. Well me agriculturol activities will generate off —site impacts, including noise from tractors and equipment: slow —moving farm vehicles on rural roods: dust from animal pens, field work, harvest end grovel roads; odor from animal confinement. silage, and manure, moke from ditch burning: flies and mosquitoes: the use of pesticides and fertilizers in the fields. Including the uof aerial spraying. Ditches and re cannot simply be moved "out of the way of residential development without threatening the efficient deliveryof irrigation to fields which is essential to farm production. Section 35-3.5-102, C.R,S., provides that an agricultural operation sholl 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 nobly associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (Twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities.The sheer magnitude of the oreo to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the aunty and the distanceswhich 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 labs and families to respond to emergencies. County grovel roods, no matter how often they are bladed, will not provide the some kind of surface expected from a paved road. Snow removal priorities mean that roods from subdivisions to arlerloi may not be cleared for severol days after a major snowstorm. Snow removal for roads within subdivisions ore of the lowest priority for public works or maybe the private responsibility of the homeowners. Services in oral areas. any cases. will not be equivalent to municipal services. Rural dwellers must, by necessity. be more self—sufficient than urban dwellers. Children are exposed to different hazards in the county than in on urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power far pumps and center pivot operations, high speed traffic, sand burs. puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling hildrer's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. N O CD 0 Z z 0 2 w w w sic cc w w z w 2 C, z W W z_ z W W H W W U. 1523 6th AVENUE, PHONE (970) 352-0100 GREELEY, COLORADO 80631 / i ` 1688-04 ATTENDANC LIST 1 /-2-. /.,0 NAME m PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? 4„ m, \ a C.=-! I rX „ /26. A c 74 3 (J'- L�lz J 3 / 7e! 5 y j /)r UF)t/� f' I- (7/ y r et),i5-rte . P_u/ '1 hell mar isir,-75 7r il,ce-.-, 'av13.sc 1/11, it Hello