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Home My WebLink About20202042.tiff RESOLUTION RE: APPROVE TWO-LOT RECORDED EXEMPTION, RECX20-0055 - BRIAN AND DENISE BARTON 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, the request for Two-Lot Recorded Exemption, RECX20-0055, was submitted by Brian and Denise Barton, 27495 County Road 46, Kersey, Colorado 80644, for property which is located on the following described real estate, to-wit: Lot B of Recorded Exemption RECX11-0024; being a part of the W1/2 of Section 36, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant, said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under C.R.S. §30-28-101(10)(d), did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption, RECX20-0055, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS, this request is to divide the property into two parcels estimated to be approximately 107.2 acres and 2.2 acres in size. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Brian and Denise Barton, for Two-Lot Recorded Exemption, RECX20-0055, be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. B. Lot A shall comply with the less than 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. 2020-2042 cc,: PLC H/TP), GZ,PPL,C.ePL Rep RECX20-0055 RECX20-0055 - BRIAN AND DENISE BARTON PAGE 2 C. Lot B shall comply with the 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. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0961-36-2 RECX20-0055. B. The applicant shall show and label the existing and proposed access point(s) and the usage types (Agricultural, Residential, Commercial/Industrial, or Oil and Gas). The Department of Public Works will review access locations as a part of the plat submittal. C. County Road 47 is a paved 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 the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the plat. If the existing right- of-way cannot be verified, it shall be dedicated or reserved, per the Weld County Code. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Section 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. D. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of Section 23-3-70.E of the Weld County Code. E. The applicant shall show and label all recorded easements by book and page number or reception number and date. 3. The following notes shall be placed on the plat: A. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No occupied building or structure shall be constructed within 200 feet of any tank battery, within 150 feet of any oil and gas wellhead or within 25 feet of any plugged or abandoned oil and gas well. B. Any future structures or uses onsite must obtain the appropriate zoning and building permits. C. Lot A is not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. D. The largest lot of any recorded exemption may not be less than 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. 2020-2042 RECX20-0055 RECX20-0055 - BRIAN AND DENISE BARTON PAGE 3 E. 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. F. 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. G. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. H. Access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 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. J. 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. K. The historical flow patterns and runoff amounts will be maintained on the site. L. 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. M. Prior to the release of Building Permits on Lot A or Lot B, the applicant shall submit evidence to the Department of Planning Services the lot has an adequate water supply of sufficient quality, quantity and dependability. N. Building Permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural 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 Department of Planning Services 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. O. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee, the County Facility Fee and the Drainage Impact Fee Programs. 2020-2042 RECX20-0055 RECX20-0055 - BRIAN AND DENISE BARTON PAGE 4 P. 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 persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, 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. Q. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 4. Additional Information. A. If residences or structures requiring water and sewer are constructed or used for the proposed lots, Weld County On-site Wastewater Treatment System (OWTS) Permits are required for septic systems and shall be installed according to the Weld County OWTS Regulations. B. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on-site soils. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within 60 days from the date the Resolution of the Weld County Board of Commissioners was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 7. 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. 2020-2042 RECX20-0055 RECX20-0055 - BRIAN AND DENISE BARTON PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of July, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtAgos) Mike Freeman, Chair Weld County Clerk to the Board 1AL • Stev=1 oreno Pro-Tern BY: Deputy Clerk to the Boardr�� c K. James AP', uVED A • OR 361 rbara Kirk ount�"�torne 2 y Kevin D. Ross Date of signature: 0746/� �•.••r 2020-2042 RECX20-0055 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE . REMAINDER RETAINED `A1 t r-.. �=.�. � r M --r- - ELECTRONIC ,rdiDEPARTMENT OF PLANNING SERVICES ALLY IN TYLER . 42OLNJJ RECORDED EXEMPTION ADMINISTRATIVE REVIEW PLANNER : Michael Hall HEARING DATE : July 13 , 2020 CASE NUMBER : RECX20-0055 APPLICANT : Brian Scott and Denise Lynn Billings Barton REPRESENTATIVE : Uintah Engineering and Land Surveying , c/o Loren Shanks SITUS ADDRESS : 0 CR 47 , La Salle , CO 80645 REQUEST : Two- Lot Recorded Exemption LEGAL DESCRIPTION : Lot B of Recorded Exemption RECX11 - 0024 ; being a part of the W2 of Section 36 , T5N , R65W of the 6tn P . M . , Weld County , CO PARCEL NUMBERS : 0961 - 36-2- 00- 006 & 0961 - 36- 3-00- 007 PARCEL SIZE : Total + /- 109 . 4 acres ZONE DISTRICT : A (Agricultural ) Proposed Lot A +/- 2 . 2 acres Proposed Lot B +/- 107 . 2 acres WATER SOURCE : Lot A: Proposed CWCWD Tap Lot B : Proposed CWCWD Tap SEWER SOURCE : Lot A : Proposed Septic Lot B : Proposed Septic Description : The applicant is requesting a two- lot recorded exemption on a 109 . 4 acre parcel . Both lots are currently vacant and unimproved . This is the fourth two-lot recorded exemption request on the property . The subject property is comprised of two ( 2 ) parcel numbers due to different Assessor tax areas . The following timeline describes the history of the property : March 27 , 1973 : Two (2 ) Lot Recorded Exemption RE-35 , reception number 1609908 , split the original +/- 121 acre tract of land being the S2NW4 and part of the N2SW4 lying north of the Gilmore Ditch . The owners were Theodore and Dorothy Ehrlich . March 5 , 1997 : Two (2 ) Lot Recorded Exemption RE- 1985 , reception number 2536437 , split Lot A of RE- 35 . The owners were Theodore and Dorothy Ehrlich . December 14 , 2011 : Two (2 ) Lot Recorded Exemption RECX11 -0024 , reception number 3812158 , split Lot B of RE- 1985 . The owners were Theodore and Dorothy Ehrlich . January 8 , 2020 : A complete application for RECX20-0055 was received . This case seeks to split Lot B of RECX11 -0024 via a two ( 2 ) lot recorded exemption . The applicants are Brian and Denise Barton . This would be the fourth two-lot recorded exemption . RECX20-0055 2020 - 2042 Page 1 of 6 0 -7/ I 3 Racx - O ° 3S The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: Section 24-8-20.A of the Weld County Code states: The Recorded Exemption is a land division process used to divide a lot into two (2), three (3) or four (4) separate lots. Examples of when a Recorded Exemption application may be submitted include creating a lot in the A (Agricultural)Zone District for a single-family residential building site, separating existing improvements from agricultural land, and creating a lot in a Commercial or Industrial Zone District for existing or future development. A Recorded Exemption must not be for the purpose of evading the requirements and intent of this Chapter. Per the above code section, although the property is eligible for another two-lot recorded exemption, an additional lot will further contribute to existing linear subdivision-like layout along County Road 47. When a property owner is desirous of creating numerous lots, a formal subdivision process such as the PUD or Minor Subdivision are the appropriate means of development, which are processes designed for creating multiple lots. Both of these are feasible options as the property is located within the Central Weld County Water District boundary and is located within the Kersey CPA. Additionally, the Zoning Permit for a Certain Uses in the A (Agricultural) Zone District (ZPAG) may be utilized to permit an additional dwelling unit on a property in the Agricultural Zone District if the property owners are wanting a second residence for a family member or guest. Section 24-8-40.J of the Weld County Code states: The proposal is consistent with sound land use planning practices. The recorded exemption process was designed for slow, rural development and does not include the rigor and thorough evaluation necessary for higher density development. Section 24-8-40.K of the Weld County code states: The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter. Specifically, this proposal does not support the following items in Section 24-1-30: A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. E. Encouraging well planned subdivisions by establishing adequate standards for design and improvement. Circumventing a subdivision approval process diminishes opportunity to evaluate the cumulative impact of a proposed neighborhood and does not properly review design and improvement standards. Using the exemption process to create a subdivision evades normal subdivision requirements for health, safety and welfare. The unintended consequences associated with exemption development include but are not limited to access maintenance disputes, unclear and often inadequate water supply, potential inadequate fire protection and emergency services, and safety concerns from driveways accessing directly onto County roads. Furthermore, purchasers of residential exemption lots often object to the historical uses in the Agricultural Zone District as detailed in the Right of Farm Statement and the Right to Extract Mineral Resources Statement. Prior to setting up the proposed Recorded Exemption RECX20-0055 application, the applicants were notified via email on April 7, 2020 that should the applicants wish to proceed, this Recorded Exemption case would be recommended to the Board of County Commissioners for denial. The applicants indicated their intention to proceed. RECX20-0055 Page 2 of 6 Should the Board of County Commissioners approve this request,the Department recommends the following conditions be attached: 1. Prior to recording the plat: A. The applicant shall address the concerns of the Public Works Referral, dated May 6, 2020, relating to the proposed Lot A access location. B. Lot A shall comply with the one (1) 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. C. 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. D. 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. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0961-36-2 RECX20-0055 B. Show and label the existing and proposed access point(s) and the usage types (Agricultural, Residential, Commercial/Industrial,or Oil and Gas). Public Works will review access locations as a part of the plat submittal. C. County Road 47 is a paved road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01) as a local road, which requires 60 feet of right- of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated or reserved per the Weld County Code.The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. D. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-70.E of the Weld County Code. E. Show and label all recorded easements by book and page number or reception number and date. 3. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No occupied building or structure shall be constructed within two-hundred (200)feet of any tank battery, within one hundred-fifty (150)feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. RECX20-0055 Page 3 of 6 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 7) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 9) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 10) Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) 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 on Lot A or Lot B, the applicant shall submit evidence to the Department of Planning Services the lot has an adequate water supply of sufficient quality, quantity and dependability. 14) 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. 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee, the County Facility Fee and the Drainage Impact Fee Programs. 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 RECX20-0055 Page 4 of 6 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 RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. 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. RECX20-0055 Page 5 of 6 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. 4. Additional Information. A. If residences or structures requiring water and sewer are constructed or used for the proposed lots, Weld County On-site Wastewater Treatment System (OWTS) Permits are required for septic systems and shall be installed according to the Weld County OWTS Regulations. B. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 5. The plat shall be prepared in accordance with the requirements of Section 24-8 60 of the Weld County Code. The applicant shall submit an electronic copy (PDF)of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services.The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the Resolution of the Weld County Board of Commissioners was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance#2012-3, approved April 30, 2012, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 7. The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the recorded exemption. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. RECX20-0055 Page 6 of 6 • CASE NUMBER : RECX2O - OO55 • APPLICANT: BRIAN & DENISE BARYON • PLANNER : MICHAEL HALL • REQUEST: TWO ( 2 ) LOT RECORDED EXEMPTION • LEGAL DESCRIPTION : LOT B OF RECORDED EXEMPTION RECX11 - OO24 ; BEING A PART OF THE W2 OF SECTION 36 , TSN , R65W OF THE 6TH RM . , WELD COUNTY, CO • LOCATION : EAST OF AND ADJACENT TO CR 47 ; APPROXIMATELY 0 . 37 MILES SOUTH OF CR 52 VICINITY, HYDS LCGY & ROADVVAYS __=_. _ y. '�r —.beSc, _ -_ _ - - - I_- - ='k T t°I " - -3 '-P' �� I. ti VJ' -HILL if HILL ST _ �- '�"W 1 de g i ,.r.., I 'G°1411F'�3EL-L T SS Flo\\\\\\�wwr _ to 69 co) J 0 , ° _ \ft \ \ ri- ir' e...4 LA 1 ! L La4TH � ' I? F�GR- I-I'f ' _ 10 . -JwcRs4i : 4-.r+rl �'�1V �� L` a 1_I. 1 I --,' .100 Year E a v . _. =il 414NULL-.KNOLL fIt _-�_- a L _ 17--- f-. 4:) RANC_;EVIEn DR ri- It WhR- � - -- - I - - �. - t , Ji .-4 1. _- i W 0 F,- CC O' {= Ull _--)r- „Jr-- Y I =' "l - WeR-S.2-- WORT 52 —WGR-+2—Vi/GR-52— in li IC 019, un In in rk 1154 100 Year A illirill Weld i N EXEMPTIONS } � _in KL - 41nb AM RE- ■ 1 e9•NtC 'I 441 ■ rt ' 17-0189 Il+., r: Li - _{ -- LOTS LO A LOT L� O� - --- - - L � TEe:4= I E �. 759 RE -431UR.i: -4310 RE -3136 REG 17- 1 I In IJ ! 7'_ 0 Ln T LOT A AP.41 [' RED - 287 T LOT B LO E LOT E3 E 1 *V 1 hI REC 14 -0121 - .. git5 LOTI3 I3 RE -3136 RE - 4307 LOT [ L , , .T. D � c RE -2878 LOT A RE -3692 __ LOTD R€ -55SRE -5 3 4a LOT 4 �1 �;r �I '- � 5 LET I E; - � �! r RECX14-0120 • LOT T LET Ins S - a�T . 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' a ti-''� -r _ ..hr i tvi r4--or - 4 IIII Illii ' . 4 i it iii, - .3/44tre w A -I ili _ s V L � 1.11J sical 41 C . - �. +1 C 1 {i IP t I P M el i di J A p . 4 i i'i At I I L - N i IIN 5 ill ii fa vi • 64 1�1_ II • r ' 1 � Y. in • ( RE - 35 ; RECO RECORDED ICI 1973 ) RECORDED EXEMPT/ON API 096146d-h2 - RE - 35 kill9t- : , r osini 1 :. .: mil earner Witte,,,,T8, Nryi I i ...,..., - : "he Ain arti ecr- oc;:-.5 -eats ile ,kz.: earner of it77. . 'rat point/ of beg/7771)7V if the .3 *i arehe .i., 7. e,:ii. i., ,, I . -•I _ ' Cii ? -.g.5 13, : - _ 24, _ .:7742; ° _ . ,__ . - _ - . .. :: !t, de,4/5,4( .ste. c,, 36 sci a -�-- - --__, J74 . ' , , 0 A--:it' . ' ' X11 � sin • 3 � . . 05,0° � "� ......is . . O • ) "Pr . .- 4,0T 3r „frat . ,, . .. F. _ ,.. i . . . pi ;, Aitaisiv,i0:.,„ f t to • . i Q tril i oh kl. 1E , tis .c.,,) ch t e ' .4. rfAk "44, . ii.; tc. li;iii IL. ,. . _ N :-.1 t s. toie 8 i 1. ), ' LOT aid? * . iz dir ItiiR - t , r1/4 ,,,,,.. 3 „ Acre. , L.__ ,LiN , . . , . . ,, ,, , ,,,2_ ..„,.., , , ., . 4. ladle-nor eenar or 1 r - - 18 .46: , d See . Safrf 'TI v : ,. Zia . . ' ,,i, Hi:ill . ' '94 . - : •-• 1 rii:i; .a975.41:23nW cit:t tit) 1 ' ' ' saw '. '0 .J . - - . L.11,,:;1•. _ . . . . 25422 di 4725056V • . 4 1 x"025 • _ _ Pi isr;Pop , P ! it ' A/00 . , �7 it - - . ii , . - 0,5 5. 00 illt iiimoovnitiiil, Rbik' ' . "-........• . t • ' IDS . • .. iteritetio) . - "Lc :-- ,- •%.T8HI, aqh5.04144,14, , I ' • :- . . 7,...,7_Ry �, r ,,,,,, f8 (0 - tii: 0 e 94 44 • lr, r.. .,:.. . :-. Ir sr! 11/4 Ike f . kr:. .- - : -* Au1/2,c;„ ', sir 4 r S .104,5" W Jr _ e /34. 5 • . - " ar await oll*e A/4 - '1! 7441-14041141 )1:s i k„..e re. dieht Jilefr4I See. . - ' - 1985 ; RECORDED 11997 137 RECORDED IECEMPT1ON 0111111 Baia EW 445 PART OF THE 'WEST HALF OF SECTION 35, TOWNSHIP 5 'NORTH RANGE 65 ViEST OF TthhE 6th PRINCIPAL MERIDIAN WELD COUNTY, COLORADO p iikkv IL-1 'Alm I°-'?1S 1 IM3:tleri lrlll 01 ;4al• i' : 1 91r I MK— Ii 1,: LEGAL EI'_9CRIPII iN k I II t:,.arid k 4II� :IA sou lt:til*Lsal'II I: I.erk h oi�!''1' I I _Ilia 0 II 'tbai pmt. yy glngi nrgirs Fur ultIlWI? do Lo ',fir et ilicadwe L• Nara Baginnina of II'S 1a1. Our berg irig North nflor En! Mimes North DIlligetr Lai Ilene* eiintbii MK% I3 MME' rat E.. i�G� South �Eui I '.1N, f D"++ 34 I I ' MI MMI snr 51112 'lL' LI car. 5 1/2 Iww I/#i at 5i ' rt'4dle. AIM ai7+dl•42 w I Irh nc.. calunii His c i L w II 1henGi Nai th °N IA.' EMI I I Macias Sesth 71PD6'23' w I Nina. Stith .n 31,061 w I Thermo ih OIR'311I Visi g Mono. Swill -1615," W '.i !aka Nino' toil* #4-441'tr11 Iiii1 WI CDR- I I �.l.i.�IyL 4n 'a lit r@4fiiea M rttl 0$N 1'1B° W w 1/fi %Oa! a I ,-- I/i• I 3a Turtles MTh 4 '11' 4w IBA Rd I I ed�'a3'g1' �e3�.� ' ` TSra. llrtinca Marih W4O53' 41A _ _ thence North UMW fAti I — - 9.X41 - _ hal - 1756 ,f R-.snc a North 6ird1D S7' !Vi LieI>''rancr North I:t' ixricrR111 L T ..�� .. PI_ J!�, Font al d■ rll - r04 !L.I,- I I I I I o c3, 'ic[ai 4r� wed call S e =• rr E u is gaped o 'un vigil I ialidills0 eis saki doil ril►sd $ate rc 4? RIM, 1• lt i . 11. Hai( I, lai�rJayeF at d realmslms I �i+:fl 2Y 1'x 73 _ -? +c'rd E MI gilkiti Ocil , 1 RFC Diu'. Iide3 1hereroF. i Ili • _ 1 SION ell ' 5l e '!F4 I re ^I LOT Hen • Mtn �/- ti Ill C WI I * I 44CI i 134 l-e OF LM Drew POW t �■y a"•a• .S.d 1 ."�"Tr''1 Ia' I -- El, , A I 1 C NOUN N*1f OF QUACK !CI TCkt 2'..b�913 t AC 4 'IM;I E q `i 1 •iI lhaadDara traikh kiln! I F -I I I C 'i■ i!u::i'.tl riot. I wiit}r ' 4, �1 CAI o p aei■ a'eq.lifill:. II+L HS* I _ I i ilid sir a + F+1'� R{IN I I �t '+?t k'-M a e+�i+�lt fig 111 { 1 i �R I R ..1I}°0_. 'N-.;,JCP P4 FOP iATON P .4 OS Ma I FURPOvi.3 ;ALT POO \ I n '3�'3t� rki1 1 < 1 T ecire Lein � a � ien I ifmCiha: r - me is Singeing eperthlai la i Enrllth Ord elertit'Ihy K. Pti I ' 'Minn* Mr Iic_ ib' ind SKI 1- I N IW21- W .2GG..16, t t; SILT N I r1• s' a °l4' DittilEYED •t I 1 �4 `'r I. N i 'a ao�5 I I Wx Cd�rnrri___ i iti 244 writ I -s, . 04 INTOIliTh -- 1 ' :- el el ! - i xi f nos �: ACCESS- - ' ® ' . RE'5F E 154.384' nEpi �gpitair or' i 'L-�I�+II�III" N ii0 +1± 1'riI 111' 's trite '1 3' 17913---- ` I I • ' .. _ - 1164, nl opor000d Milo t J J ' ..41.• [4" .Hl ' B . r. _ 1liatet •ry 6 I fill . .`.• _ tic- f'Lip I r 1`11 'b1 IiAI'e�f7 t 9 ,,dlr ilicatf Flo N _ `' P .- 4D' I s ) v-, • ' r-.0.1. ,tr.fi wall '1/4.-ErlS f I S Pa—'C'i? WI' 55d16�� • t,-; � IH >l � ► J My Commission morphs 1 rII I � . _- • d I � :,� . .•- a -,1i;�.., � I NOTICE: ��erv� �sq I� �i r S 3E69t! 4OT kr nun' " Mere I3) yawl ot=her y s g . �etl+igit: TtICO & oThy Iw- el*. 'y,._ • .o wr.rihr t+6��,m m�+ I Ii 1 24452 M 47 1 Luc A l i r, town nn P ds 4 ! nailel•i 'S AO* I I -,., 1 \ Iti31 T. �T W `' .�, G f Mom: XI jPC112,04 Of ilhw RECX11 - OO24; RECORDED IN 2011 ) _______ ___ ______..,.... ,RECORDED EXEMPTION N 0961 - 05 - 02 REÔX1 1 - 0024 C'OUNT'Y IVEITXS= ! s 8 OF IRE - eg61 -36 3- RE - 19$5 BEING A PAIRS OF . Hk. •E .':• I HALF SECTION 36, 1) *I uremia* ler I ,elle •-'a 7, —! ! P r, '•aCM H RANGE 65 WEST or THE 5rtF1 PRINCIPAL MERIDIAN . WELD COUNTY.. COLORADO WHAMa r Ipk,1-‘11-rte( Iltda. I. 1 He bofltIrta ar FA r. ll. 4. W 1104 A I Ito►ielyditld sill ell ' I eddISS. Mw ctra oaf arilia .i shall 45O1 AREA$ C$ FFCi5:5) OWN EKS) Cow*/ Cods 1.Cirtk 4!r i•. .Aa3{Wt Thinkleil Ili Litfly ta. [Ankh 2 Any lulu, situ Illlrrl. A RP?Alb ,7tRf4 i-461-. Wald tcwrrly Read Ho- Ilk p.annr.d. rorhs 11.1+" .s RiS - Salle, GQiorlla3 cif f the ?Pet' Ce m b Co tplumate h 11117>oT lsf .flEt ii OF t Wr II .ltd .rte RAM 1.4.9LWt SIOC 3F _ W � iy` irg I /maaI�F yr __ liii< 11 I�IIF L4et�I2Lca- � pppic'oliarli. ilri +i (SOaI' tlar nunntair,n Prier 14 INF ell ism paAre mai a!' Dkm pi.oMip and dtpairc rri _iani It1i ra Olt WW1' r 13i"w..'hl I Tit 1' a ra is icrL�i.5ltn I'ssi t]!_ISi(Sbt M 4I �}f 4 Ihr1 rEl 1 �+ r a rR.e rt'a 4>'jcr.#L'GrrpIs:c76 g . Ih■ Luto±l■ Ftni P<,a d', 1a ow'2r11''0 ail :#1•I Tla5fi B{rnutr�' e1+ 'I. _ _— - _ —— _ _ _ Y iNialera. mot! 4/ _ I _ 1 I 'fir aA -- 1' r �I` 3 7rJlihd.`5' i) 3fitYl� Milcut I %I lag , prapcod daralapm■ lIi•LS **Pik Psnioard Fit &�U�J4 tU'1'I �ep �i I I 5) *slitting primIrl v-+� r � i - ti .rail to dalndie+r t yrl a1': �, du+ idQ1Ja- I s� 5k41Ian iii-3-�.Q.. i"P R'13t�' ' OtdtAll9 4dk+nsl AM-ir-I? 'v 7rH 30i� !' �Ir — r I •,t \ kokrarbh9 pufril a F.e J. Ike I Ff •I aIMIZI ai 7tuitta" i e '�: +ti "' IiA t'flfri l�-' �:` 9) •.rf.}w'n tSd 1 4,Mt aat71r3 II 11 n �s"i�fi'ri+T. fir: +Ito p to 'LP t!n a 1 -I • y a . ri 'c-1Ot.csrraflPla -_. _ I I Ii?} Lirrac*. kit 3 Pi MCI:.irglow.; r` o'' S rre Ito '� In a I ''a -tI et I I�- 11,.4193----- I r•' 11 Polar Pa Thal nib :Apt nil itqgiea I u;P 'wstr-�iI 64III H5■ maws al Tei z unt Kar twdi . I ITAR latl--' f ��' Pine t I.r r, n oti4t s '++a1 of in. Eli' a tX I 4 Lts War I •fit (4Ib6J Id.6p! .at Iltii p ik =optic tun Aa4 .1P I ( I `��' I Iri9rlrl rltYaA I. i a iltY �,r'. ! I I rll aapilo i ;a+eocT+ It ;a TAAL iliA i S>f^-r ;2} wall etaitaint I tti caanBaa In ate Urii ,�,�.r- I L2,71T B - . ritin rV M 'dill or op - 1 1 . 14+ !~F ripaelemi, but 'May Irl11a�?isAtrl9fl rp•oam, Kau cal MCI I :++¢rlia#! end +J I Ilia heel varsity 4 la�a4finaa -rile* et ; •tini y le Wad I* 1 I ini?�t`•f+Rq,!i�rr is r; r-F a t�P Ili ;t w:a' litlkitia, lack al di, lei al collar an b. I I � # Y ' AL.cat iso9 E-Shlav i lo an, ` staLit iF. i ink S! tm atmm NI kat I y b lrh cdi ar ad u ar4 9 p Illi n.3rti-1Il_r91 (:rtc4Sr I I — — — - orrtcatlaal ccttsMr I frtNICOL,519< II• i' :r rmmw>-rrairng !term " L I-SMall {7.! VP- Hilo in • . s•mt. 44a).- id. li � d' tllaa �d rncxquliroa 1 !t'iIdI; and Ih i is*II le II :4 k:criii r- tMi ours--allad mac bin il ' fitri ,'1 t 1 (� I�.ti .4, a �m L rr0 seal lsnrnrac 09 as p Ii7id'I .MFkrB; 4' ner.i . ifi t,j i I -. g - - I9Ti.64 ri a'a w csp i + It be �'�s? I � roamJ� ifs mitt:im amply it Mkt ]0ti1 ' 1 I I 7f!-!i t.s r' • A. - n_ - - - " 'ii. 6 f 1'llai81 pP6tlud6 rr W I'1: 'IT'S ter i - t -_—'-•,.._ — _ ail rT '-, t- y„L �-s War tray lair, or g F Y171�- , 'N lit '�i "a 4 ti - - - la amine het wit .3 w b r, it a � F . a '�' _-4 4awlapwl!41I, wi+s+M r 1 Vr f', .40 , I.ra, "kM_ it' sdl�lc d rim la ��' flr _ ', . ' xr-Sa Y �. Ir ! �) t1+I+ 1'a{rair te+ rt — t�'rl flAr re�>�r I IMPS r II+�IGi� till* i� �' s :mar— -+� ratwe. arpo m I i I lildita of Idtr ta9d - ` - - if I as aarrad stn. �.z- �:�, --__ai _ I. I� I t� P! i t' morn Ihr i cry Nitro gia Iii - _ I n I -, ererrr'•Saitr ec+rxet•ips ll, iwpm isicvrqtrinit wel IA. l _ . . 4- ; s .Arrtrix ere RV? f ( email rsadt nj .r:. a `- '.; Ili{.a4(4FIrt. wpm it ;• r 1 �1Ir 1I+L. r �ti itli'1H'III*tit i iiLctiias I ,f ••.i. a+iarial■ may nrJ I, d.` .i , 1 k,`,' iL �9 l —' 1= wan'. eaaas, mill CI •aFtC� STl9I r ; ', "' J a le mars NMI—csaifie Mal '5;.ti . ''. l FI !1�' d..+adri r ap'3a are tanned tC:tiFlg `"-' -L- '' 'r' : , AIM IMMIX--, form ariiilrirhi rc CMS '` P- :r or K_ a: " }` rn!li RUMS w J1Ni' `t•, tad tank! Pr v1 cp X. Iti - ' - MAN lH!'k o�,r1 tiallblilr{3w 6+Id tr ` 6YIiiI r '• 4 "" ,M V N D " no WI 44 KW 1 U CAP L.S.. 57E41 MO5 Is SYSIKORT PP IIIC 1101 SEF !BILE TO LXO OF DpTEM {tidal-ATM POM 0I$ a! : *ulJMp i I3 nR WI' ca Fuming (p'r. .i.Sliaa BASIS or la MN • a COO MD IT FiEbMA WITH iLLEiIfiE DP irk. .k..srii.A ai k.aol PROPOSED LAYOUT r I I i al� r� ti I � � 4 II ' r ' r ' Asti I ! I IC ! 4,1 , em°, I I i i;; ) rayi° Jibs , aim 1.1?a:1 . asl: 4- talc). i „ t /ild/L>,03111 OF COM3InfirMENT al , MEI ,-� e-g i.,nY I 1 . ' _ F ° sr-,,ron_ 4Arwi di •f �, -L;� I:. It �, -.� CS, C IS ..91541 � � a4ddP z+ Sri �� I �R: �� - fires•^ a . ...1 ... •--_ - • R '_� . r° > ti • isai Qrs �,r I r• n i td 1 ales• (el% i k It 1 v r . An Al- Assam i I CI t LOT AN " �+' Fe I X %L H'I .. ... . it t p9ttl �,; � 01 i ax.- i I ' II I 11 L'_ T �` I L! T II 11I c-1.14~.49:a=' i.- * +��, a. a*ry7 �.#P' ' , --!--alp L "rag ate' I on- t I ii n—r . III Ii I I L`:"1 Xi rat „° -. IVI" IA" li I : '� _I . Yr* - .MIN? I- I .t? ird In — as w Mu .1 if Army' i r,,�,r,�, - Ake*. 1.. r.d iap, rirar4 J-i Raitir Lor l A ° ad'JY%'w `°16, 11" 1&unsi, .4+a.4-:'r_ja JC•' ; a i i'c.) ■'.... — L.•:" - P.� 19i:�°1t .will-116n — 70:5-sit MSc) LAW-PS 5. a ,.•mss- ) (X'ya7 `4• Arc) at-' 'iflL. 4• ti9iT• !al ` I a me .1•ania- z an' Ir *Elio I ilm'fA'13P`47' :t 16‘. Isr1 La ' In I ,,•+- ANSI 1110 ; i) 9, I re _Tier s as a L� L NI ill ir I ! `•a r 1' Palw1' 11 . P"DieI AO J 1t41'ng Mnnn ''d• I •:) 13a2 I Jr-:9w-., _ 1 1 I ar 6M3110 Iffal.20 Cr "Spa et• Apt.1 NO! if illh ; 43, "Woes of t r • -5. .a�!I'Jfi ISi{K:, 1 L:;4; y Akira �N ! 'd° • r •_ 1 i '� 1L' ck -ate s T i AAa,u, ■t Moir-)� a� ',, 4i1 f6 Jt' sZrall ' o°1Iw pit 0t.� �+ ! a'� + rr31 Atkin ti atat: a9d EF,N I d'vJ' f 3 itorrN w 13 till r Ai limn) 'r i s b ,i Z ia35i klail -iliil-, ' ilrescaa. rf qta 1 Pit,%.1. - 't:P .- I I .�Q!�•!if'5?Yr I'i( a& it .�`aAI • I Til ' k I.?'3':..10 NI' Ski,.a e e h 8 I •fr.a' ti11I ' 5•l4fr,+sai1 it ...1 ` f, a� �5isf�'-_' 1�.1 (Wm I� i"1I�C . '.750 rtj .+ run* .L _� -• ..ow rideAStia a Se.}ai'4:' cleats A gr.) I r — — TT"? =ti a •It q1f e fent;I I Mat Wan rilid4,dar' '�. ti4$�I' I'.+i�5�il _�d' I®fi3t i PAL:. {� ` •+r1e r'9• 4 fir' a' I .el Ni I I 4 � •r a—'LI�op ar ce11�--� + CIA Pirm1421,11 Ire'.Air I cod Om :Cliff it1 .ao[il .I I, Ides' L' ?.�e r1d41a ar i �' ,�!' .*, �+ ▪W '�„ c• ' i �7i14� +t T�Air"fd'7F ,•x44!,:1 er. � :.' .� l est . .00441;e1t7 Moor,, .a,! Nacre -S- P,AI Car 511CLI AL i ' J�la 'ISatr+ Vii AIWA I'la.r'aIF CFalQa, IV' 'a'' I tap. S.40- ailcir I OCvl PROPOSED LAYOUT , , C .0 lt, . k ,, _ ___., ,_ • _ II r a r il • rr • s kl AL iii t 3 11 ill . .\Am : ht i i ,.,riniii.: „ -4„.5,... - .att , - - - ...., . _ _ . • , A ... .... lI ,I r 1 , 9 i_. • a.. ,, _ - .1 _ _ ' • i - . -II hlf R. -1 Iil • . Ia I _ ii .7 '' _`. OS r. IIP .r I iltiEll r al U.., ,J _ ,• _ r+ J 1R Jt • ' • _ X74 • r Jo ill . .4". II i . r . op a; al "rut - ik 1 I t iii- --- . - 1, ,,,, ,. _ a_ f 's • r y� C . X � lii ... Al •CNI,.1- Gilmore Ditch R • rr I` ' _ of IP"1 el iii II \H ,, . It i. I I \ II •gyp i 1 . Ns. SC _ N _ _ to 0 lQ tt 71 The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons : 1 . Per Section 24 - 8 - 20 . A of the Weld County Code , a Recorded Exemption must not be for the purpose of evading the subdivision requirements and intent of Chapter 24 . This tract of land has been continually split by the recorded exemption process and this process appears to have been used to evade a subdivision process . The proposed additional lot will further contribute to the existing subdivision layout as this is the fifth RE on the original parcel . The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons : 2 . Per Section 24 - 8 - 40 . J , the proposal must be consistent with sound land use planning practices . The RE process was designed for slow, rural development and does not include the rigor and thorough evaluation necessary for higher density development . The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons : 3 . Per Section 24 - 8 -40 . K , any RE shall adhere to the Statement of Purpose for Subdivisions per Section 24 - 1 - 30 . In particular, promoting the health , safety and general welfare of the residents of the County. Circumventing a subdivision approval process diminishes the opportunity to evaluate the cumulative impact of a proposed neighborhood and does not properly review design and improvement standards which create unintended consequences : ■ Access maintenance disputes ■ Inadequate water supply ■ Inadequate fire protection and emergency services , ■ Safety concerns - driveways accessing onto County roads ■ Compatibility with existing & historical ag uses PROPOSED LAYOUT , , C .0 lt, . k ,, _ ___., ,_ • _ II r a r il • rr • s kl AL iii t 3 11 ill . .\Am : ht i i ,.,riniii.: „ -4„.5,... - .att , - - - ...., . _ _ . • , A ... .... lI ,I r 1 , 9 i_. • a.. ,, _ - .1 _ _ ' • i - . -II hlf R. -1 Iil • . Ia I _ ii .7 '' _`. OS r. IIP .r I iltiEll r al U.., ,J _ ,• _ r+ J 1R Jt • ' • _ X74 • r Jo ill . .4". II i . r . op a; al "rut - ik 1 I t iii- --- . - 1, ,,,, ,. _ a_ f 's • r y� C . X � lii ... Al •CNI,.1- Gilmore Ditch R • rr I` ' _ of IP"1 el iii II \H ,, . It i. I I \ II •gyp i 1 . Ns. SC _ N _ _ to 0 lQ tt 71 RECORDED EXEMPTION -a NW Cor. Sec .36' N 1/4 Ca. Sec. J6, �j ,.--- 2 Found J 1/4" Alumi No. REXX—XXXX I Ifound 7oJ J ' Be" Cop. 0 B' Below Grade, L . Below Alum. C 1.J' Below I I Crode, LS 7242 QJRVFYOR•S CFRTIFICATE I I I. LOREN K SHANKS. A REGISTERED PROFESSIONAL LANG SURVEYOR IN THE STATE Of COLORADO. DO LOT B LOCATED TN A PORTION OF THE S1 /2 NW 1 /4 & I I K HEREBY CERTIFY ON, THAT THE SURVEY SREPRESENTEDN BTE EP PLAT *AS MADE uNOER UR PERSONAL 1 SUPERVISION, AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF' I FURTHER CERTIFY •. THAT THE SURVEY AND THIS PLAT COMPLIES NTH All APPLICABLE RULES. REGULATIONS AND LAWS Of K I I THE STATE OF COLORADO, STATE BOARD a REGISTRATION FOR PROFESSIONAL ENGINEERS AND A PORTION OF THE S1/2 SW 1 /4/4 OF I1 I I PROFESSIONAL LAND SURVEYORS, ANO WELD COUNTY a SECTION 36, T5N, R65W, 6th P.M ..13• i co$ WELD COUNTY - h I I LOREN k SHANKS. COLORADO REGISTRATION ND 28211S, COLORADO I I )•. FOR AND ON BEHALF a UIN1AH ENGINEERING AND NANO SURVEYING, ELL it I I I B PLAT NOTES ; I I I I $ I N //16 ColSec J6, r is' I I Found 2 J/1" Alum I PROPERTY OWNER'S CERIW)CATE 1 I I Cop, 005' Below E. THE UNDERSIGNED, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPERTY. 00 — I I Crode, PtS 19585 5893!'011 Mn. HEREBY SUBDIVIDE 1M SAME AS SHOWN ON THE ATTACHED MAP WE. UNDERSTAND THIS PROPERTY IS 58971!/7 Ian) LOCATED IN THE A (AGRICULTURE) ZONE DISTRICT A/40 IS ALSO INTENDED TO PROVIDE AREAS FOR THE 76J7ap' (Mn.. a Arc) CONDUCT Of OTHER USES BY RIGHT. ACCESSORY USES AND USES BY SPECIAL REVIEW •, !NT OF COMMENCMENT w Y' I• t.., - — ,765 80' (Aree:.l '�IL0T Bwrr A Mr r76S94' Roc CN I/16 Ca Sec. J6, Br ev . I 754'017" RE-3S lY lAn eXer // ( ) Found ? //i• AlumBAR70N LAND k CATTLE WC C/0 BRUKN S BARTON (Alms tr Rec) - - Y.I 5895JOJT (Alms./ ` Rgb ( \ Cop, Grode, LS 37041 2 I I 58974577 (Red) '� 817.70' (let tr Rec/ '.• tlR I R15D' I I.,•' 1 •'\\ IN .F9dLiTing �) STATE OF COLORADO ) 8Q••� , 847 10' •'a `i ) SS ♦ S/AC/CAS ACT AP /11-(14'474 \ / COUNTY a wRD ) 1 It R W�JO.DO' 596 8T I .•O q I i ' r p2> o'd s I\ N093J OJ"W (seas) _.A' _- - on..."-------. 2', ) I • , W_ dd' INC FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS I 248974 3r"w (Rec.) \ Y , R BO,,, n i I+'- 7.ID S26.07' (Altos it Rim) \ 2 I<U 1' / DAY or 2019 11 I I o LOT A �;k / ! •, I r RECX11-0024 ' — ` .' I I I No, A Per Y MY COMMISSION EMPIRES • (jp� 0/ Av Alsr IE NI TNESS Mr HAND AND SEAL ry �' - ` I I 50951 017 e N , \•.I I T,P,O,8. 58974 31 T (Red) alb 6,04 b t At Una 51741' (Alta tr Rec J O1 \ Au ‘k ti t4 NOTARY PUBLIC 1,�.�. 779 s0' 118 OJ' I Q/ VI I \ , I I % I I L 2.500 E ►r wore it \ J �2�, o I I GROSS ACRES Aaonebned \ / N EASEMENT CERTIF1CATE h \ _ i R)5' Aeanooned h 82196 NET ACRES RADK/S-94000' \ t«er.on WE, THE UNDERSIGNED. DO HEREBY DEDICATE. FOR THE BENEFIT Of THE PROPERTIES SHOWN DR I ttWC1He414.54' DESCRIED HEREON. EASEMENTS FOE THE PURPOSE SHOWN OR DESCRIBED HEREON I CH090 t(N-450 W' CN LM'-N70570OT I I 6•2777.74' LOT B I I 107 261 GROSS ACRES I J00' 10709e NET ACRES BY BY 9 BARTON LAND & CATTLE INC C/0 BRIAN S BARTON (( J]] I -'S895ni,' b I (Ural) I Rn'A6aneoned L«eNee C 1/4 Car. Sec. 36, CERT1FlGATE OF APPROVAL BY THE DEPARTMENT OF PLANNING &RNCES N S8958•17-le - 149 75' (Afros) _••• I 1 NBDJ4J9•w - 14988 (Rec.) a Found J 1/e" Alum. ADMINISTRATIVE REVIEW • '-•.._ti / COO, Crode, LS 96si THIS PLAT IS ACCEPTED AND APPROVED BY THE DEPARTMENT OF PLANNING SERVICES FOR FLLING W 1/4 Cot. Sec. 36, a• Found 7996 J 7/4" Alum. Cop, 005' LOT A NI4777W 0" - 105 FS' (Alms.) RADIUS-Jl5 40' (Meat S Reel W •.` R[-1966 NI417970" - 703 M (Roo) CENCTN=JG1675' (seas(Mn:)J (10014'R« Below Grade. LS 4392 J i DEPARTMENT PLANNING SERVICES DIRECTOR Aar A oar CHORD LEN-199.66' Oleos d Rec.) Q a I tv 4'o Port CN cm-57874',Ow (Meat.)— I CH OAP - 5785277w (Red) I .+ 4'4712'47' (Meat) STATE O COLORADO ) I ��w1'L d-4701'45 (Rec.) ) SS NI I $,i o. COUNTY OF WELD ) f I ' 2. S8950'SD w (Alas) a - CCI I fN W //�NB91037•w (Red.) t. THE FOREGOING CERTIWICAT1ON WAS ACKNOWLEDGED BEFORE ME THIS bt I I —t / 79 BS Oleos tr Rec.) — ~g / -- i _ -- - N7B jr V ^I— _ ._ _ RJ ^� _ - - - b416. DAY a A0 20 V I 925' AaanepneO / ." — . N`):16.76 w re4os) -. Y _ /c«aria, / /� 9p.,4 �M c"`J =� Y MY COMMISSION EXPIRES I age .. ' . ✓ _ � / ,- \ / / WITNESS MY HAND AND SEAL A E / \ ., \ / / g� s. I i 1 I A' 7 9730 \ I NOTARY PUBLIC I C.n9 RAO/U5=57A8B' (scot it Rec.) I o. I sA ) LENCJN-11178' (MmsJ (772 FT Red) - '\ " I I „ I \ J 01090 tfN-110 82' (seas S R«) '^ �Ql' k a! Pt ce - - - N \ / CN 0w=N647700"w (sees J ��QY `__ 757511• \ r CN ON.N6J383T"w (Art) c hp,�s �° I J-RT�SS11.7 tr(R�/ / 4'1137V1• (Red 41•4157.09" (Neat) ,.y,"�# o t 0( I /Mys 4c/ _ - ` „ 1` RADIUS-290 S.5' (Mn.(Meat tr Rec J A. A s 'M"m/ - - ` t1 'et?, LENGTH-744.67' Alen t Rec.) I I I , a, (NOYo LEN-23788' (Ales It Reel -\ ! i I RA0A/5.274.76' (Mn: & Rec) . 'ICL CN L1N-51774 OK7•W OMesJ E ! LENGINell5.015' Oleos it .F, 01 O7R- 15 1342'14•W (RedJ gI CHORD LEN 1i (Mn.Rtr Rec) ?'ate Q7�a`ti I ) 6-463779" (Maas & R«.J -C7r DAP-N8775 W.30• (Mn:) at. tie e I / l CM Oe- N8637701, (Rec.) be 4,2'6,4,2'6, I 6-133931' (Alen) '�,Q i� / J RA(Xt/5-797.89• (seas & Rev) h 4'7139'50- (Rem) .Pt'Le - / tENC114•235187' (Mors tt Rees) I \� - a CHORD LEN-717.17' (Men a Roc J I 1 .- -7=1.'..- -E- '- r CN DAP-SIJ70;t0w (Meas.) }1 CN DAP-S4J:1B'J7•w (Roc) I Roan IArters Appointed rtanror x Rec.) a Cr..m OotcA 6'703005 (Meat) • - SECTION CORNER FOUND Rapt r RA0ru5-J76 78' (Mn.. a RJ 4'77:10'!1" (R«J 7886. dot 4, 9t 773 Accepted Pee RC-Mfg MC7V7Y YAP I UNGIN-17414' (Mn.) 074 SS' Rec.) O - CORNER SET (5/8- REBAR. YELLOW one Ordered Sew Apr 15, 1886, _ I Boat A Per no °tato LEN=166 J5' (teat & R«.) •r SCALE I' • 12.000' PLASTIC CAP MARKED 028285 LS) CN OAP-N77J7 JOw(Meat) "•' , TSW Cot Sec 36, CN 0.1 .' N770378•S (Rec.) Found 1997 3 7/4" 4'48015'07" (uses) 5 I/4 Cot, Sec 36, r' w�• ' i — /--. EXISTING EASEMENTS Alum. Cop, 009' 4.4ev5''Se" (Reel Found T J/4' Alum a N N� T— — 'r�tic — — — — - EDGE OF RIGHT-Of-WAY LEGAL DESCRIPTION Below Grade, LS eJ9? I Cop, 0.40' Below / - �" ,I~' —1.4-- isSECTION LINE PARENT PARCEL Crode, illegible _-fi • I1b61[q {. WELD COUNTY >''� i - PROPERTY LINE LOT 8 OF RECORDED EXEMPTION No. 0961-36-3-R[-1985, AS RECORDED IN BOOK 1594,1594, PAGE 559 AT RECEPTION No 2536437 DATED I FOAL AESCRIPTION y/ RD 52 __ ,-- _' ,., 5 MARCH. 1997 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECumuLR, BEING A PART a THE WEST HALR (W 1/3) Of SECTION p y- l (`1i 36, TOWNSHIP 5 NORTH, RANGE 65 WEST a THE 6Th PRINCIPAL MERIDIAN, COUNTY OF WELD. STATE OF COLORADO. (NEW LOT B) `- [' REc- ACRES-TOO 781 ACRES MORE OR LESS z ^ - 4'v A TRACT Of LAND LOCATED IN THE E1/2 OF THE 5241/4 OF SECTION 10, TIN. R64W 6TH P.M., WELD COUNTY. COLORADO. BEING A LEGAL DESCRIPTION PORTION O/ LOT D. AMENDED RECORDED EXEMPTION 1053-10-3 AmRE-4027, A RECORDED EXEMPTION AS RECORDED AT RECEPTION NO u� i 31 SUR11Er NO11ES 3517498 Of THE RECORDS OF MELD COUNTY. COLORADO. ACCORDING TO THE RECORDED PLAT THEREOF. DESCRIBED AS FOLLOWS W� - -� (NEW LOT A) 3 �' -�I 1 K/{ Of SECTION 36.BASIS Of BEARINGS 1 TS$. ROW.S THE 6TH P M WHICH B LINE Cf THE SW EARS 4 W LOT B. RECORDED EXEMPTION No 0961-05-02 RECX11-0024. A RECORDED EXEMPTION AS RECORDED Al RECEPTION NO. 3812158 OF _'�>-' \ k �QJ',�_�` /� NOO'TB'06-N, BASED ON CPS OBSERVATION ALL BEARINGS A TRACT OF LAND LOCATED IN THE SN1/4 a THE WW1/4 OF SECTION 36. T5N, R65W 6TH PM.. WELD COUNTY, COLORADO. BEING A THE RECORDS a WELD COUNTY, COLORADO. (CEP iWG THEREFROM THE FOLLOWING DESCRIBED TRACT a LAND. i + `� 4 / ' ON THIS PLAT ARE RELATIVE THERETO PORTION or LOT 8. RECORDED EXEMPTION No 0061-05-02 RECXII-0024, A RECORDED EXEMPTION AS RECORDED AT RECEPTION NO , tL � am 1 LO COUNT ` e� ff"JJI' 3612156 OF THE RECORDS Or WELD COUNTY. COLORADO. ACCORDING TO THE RECORDED PLAT THEREOF. DESCRIBED AS FOLLOWS COMMENCING Al THE NI/16 CORNER Of SAID SECTION 36 FROM THE *1/4 CORNER Of SAID SECTION 36 BEARS S00.26'06', THENCE { RD 50 2 ALL MEASUREMENTS ON THIS PLAT ARE SHORN IN U S 500'28'06'[ 648.01 FEET ALONG THE WEST LINE Of THE Sw1/4 Nat/4 or SAID SECTION 36 TO THE SOUTHWEST CORNER OF LOT A a Reservoir .,.7 ‘, \ '\ \ SURVEY FEET COMMENCING AT THE NI/16 CORNER OF SAID SECTION 36 FROM THE WI/4 CORNER Of SAID SECTION 36 BEARS SOO'28'D6"E. THENCE SAID RE T985 AND THE TRUE POINT a BEGINNING. THENCE CONTINUING SDO'26'06'E 44200 FEET ALONG THE WEST LINE a THE SW1/4 -" -- •' 7423 / I ,..C-- ROARS SET /5 RARS WITH YELLOW PLASTIC CAPS MARKED S)0'2e'06"E 648.01 FEET ALONG THE WEST LINE a THE SMn/{ NNt/{ a SAID SECTION 36 TO THE SOUTHWEST CORNER O LOT A O NWI/4 a SAID SECTION M. THENCE 569'53'03'[ 270.30 FEEL THENCE NOR TWIRL Y, {04.3{ FEET ALONG THE ARC O A O I UELS PIS 28285" Al ALL PROPERTY CORNERS. UNLESS SAO RE Leas AND THE IRA PONT OF &GINNING, THENCE CONTINUING S00.261161442.00 FEET ALONG THE WEST LINE Of THE NON-TANGENT CURVE. SATD ARC HAVING A RADIUS Of 948,00 FEET, A CENTRAL ANGLE Of 27'2734• AND BEING SUBTENDCO BY A Q _ i _ l OTHERWISE NOTED HEREON SW1/4 NWl/4 Of SAID SECTION 36; THENCE 589'53'03•( 22030 FEET, THENCE NORIHIERLY, 45434 FEET ALONG THE ARC O A CHORD THAI BEARS N10"57'00"E 450.00 FEET TO A POINT ON THE SOUTH LINE OF EXISTING LOT A Of SAID RECx11-0024: THENCE N - � - 1 - _ • •. NON-TANGENT CURVE. SAID ARC HAVING A RADIUS a 9{600 FEET, A CENTRAL ANGLE OF 27'27'34' AND BEING SUBTENDED BY A N6953'0311 309.40 FEET ALONG THE SOUTH UNE Of SAID LOT A TO THE IE1Jj POINT Of BEGINNING. '•'>\ 1 CHORD THAT BEARS NIOS7'00 E 453.00 FEET TO A POINT ON THE SOUTH LINE OF EXISTING LOT A a SAID RECXII-0024; THENCE I 1• '.t ( i L't:l c,I.LC 2489'53'03-w 309.40 FEET ALONG THE SOUTH LINE a SAID LOT A TO THE TRUE POINTPONT OF�GAgWNG. AREA a NEW LOT B 107261 ACRES MORE OR LESS ,� I \` -. IL I'upalm.Otte •rt South 2a too (107098 ACRES NET - EXCEPTING ROW a CR 47) Q p Q Y �,_ \ —.. � Vows 1:1 fN+f•Kusr no_or AREA a NEW LOT A a 2500 ACRES MORE OR LESS KI �O o iG / •�f• (T 196 ACRES NET - EXCEPTING ROW a CR {7) _�—�— 1\ I ; ll � EOR-Vtl �F V14N ' sKRCEY[ 6V A iIDIArn r 1.R w-oT.7F sc11.t 1 R, _ DK,LW N 6Y D.J.6 47.11-ik I' q: SCALE ' ) N. ! rJ 1�.. ' a CIL[ (17114 , RECORDED P 2417715\ FIAT iQ4Ao. DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mhall@weldgov.com ' PHONE: (970)400-3528 4_ G FAX: (970) 304-6498 April 27, 2020 SHANKS LOREN 3313 35TH AVENUE, SUITE B EVANS, CO 80620 Subject: RECX20-0055-TWO LOT RECORDED EXEMPTION (DENIAL) On parcel(s)of land described as: PART LOT B REC EXEMPT RECX11-0024, PART W2 SECTION 36, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. PART LOT B REC EXEMPT RECX11-0024, PART W2 SECTION 36, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. If you have any questions concerning this matter, please call. Respectfully, • / / Michael Hall • Planner DEPARTMENT OF PLANNING SERVICES 1555 North 17TH Avenue, Greeley, CO 80631 Telephone: 970.400.3549 Electronic Mail: kogle@weldgov.cpm April 7, 2020 Mr. Loren Shanks sent by email to: (shanks@unitahgroup.com Unitah Engineering and Land Surveying 3313 35th Avenue, Suite B Evans, Colorado 80620 Subject: Proposed 2-Lot Recorded Exemption on Parcel 0961-36-2-00-006 Proposed 2-Lot Recorded Exemption on Parcel 1053-08-1-00-056 Owner: Brian and Denise Barton Dear Loren, The Department of Planning Services is in receipt of two (2) Recorded Exemption applications for Brian and Denise Barton, property owners. The applications as submitted are deemed incomplete. The following information is required for the parcel ending in 006 parcel: 1. Submit a Recorded Exemption application. The application must be signed by all persons on the deed. Both Brian and Denise Barton are required to sign. 2. As the Department of Planning Services is teleworking, please submit all the required documents via email (.pdf). 3. Provide proof of water on site: Submit a letter from the water district, municipality, water bill, or a copy of the well permit(s) indicating existing service or availability of water service to each proposed lot. 4. Submit the Certificate of Conveyances including the cover letter and all attachments (deeds). Must be completed within thirty days of the application submission date or it will be void. For parcel 056 the following information is required for a complete application: 1. Submit a Recorded Exemption application. The application must be signed by all persons on the deed. Both Brian and Denise Barton are required to sign. 2. As the Department of Planning Services is teleworking, please submit all the required documents via email (.pdf). 3. Provide proof of water on site: Submit a letter from the water district, municipality, water bill, or a copy of the well permit(s) indicating existing service or availability of water service to each proposed lot. If the residence has a CWCWD tap please submit a water bill. 4. Submit the Certificate of Conveyances including the cover letter and all attachments (deeds). Must be completed within thirty days of the application submission date or it will be void. It is the understanding of this office that representatives for the property owner have previously discussed both Recorded Exemption land use applications with planning staff and comments were received indicating that staff may not be support of each request. The applications were reviewed internally on April 7, 2020, prior to acceptance of the application, as the applications are both incomplete, to determine if this office would be in support. Based on prior direction and similar requests for subdivision of lands, this office will not be in support of either Recorded Exemption request. The property owner may submit the complete application as outlined in this letter and planning staff will process the case and schedule the property owner for a public hearing before the Board of County Commissioners to determine if the 2-Lot Recorded Exemption meets the intent of Chapter 24, Article VIII, Section 24-8-70 and Subsection 24-8-40.A through Subsection 24-8- 40.0 of the Weld County Code, and would therefore be approved. The incomplete applications are available in the Department of Planning Services should the applicant wish to retain the submittal package. Questions may be directed to this office. Sincerely, Kim Ogle Planning Services RECORDED EXEMPTION (RECX ) APPLICATION . DEPARTMENT OF PLANNING StRViC; ES - 1555 N 17 AVENUE ' GREELEY CO 8063 ' • � www iveicigov com S70-400 -6100 • FAX 970- 504-6498 t FOR PLANNING DEPARTMENT USF DATE RECEIVED _ AMOUNT $ ASE # ASSIGNED APPLICATION RECE ► VED E"r PLANNER ASSIGNED Parcel Number 1) 6' / 2. G ' e 12 a9+t mutt : `cund on Tax I C7 :Morn at p I �bt_' a ;fi�� M-l.! . : ' `, HSt.- . , ,r S , ICI;- '0ut11 a: Legal r t r r �' T '� ete // eie7 c , �s e Desc pt o Sect on i Township Norte Range _ s! Has the property been d vided t -om or had a v►dec from it any property res sinr.e August 30 19'2 ) Y E S X. NO Ca Is the property located r a floodplain "' YES Ft NC 2S nknytwn n Is the property located r a geohazard area', YES wt-} E unKnowr 1..1 FEE OWNERtS! OF THE PROPERTY Name - - Y R,esA) t4 , „ /sE a/1,00,c Company Phone # q7jE59O- G' 3C- t: ill ail C/Jc &24/c" /w'yd-}501�; $ /d tern-7 Address 274'9c It,4C'A trasx C ity;State, Zip Code — - - - X E 'S'C X pt - - FEE OWNER fconL, or APPLICANT Name C;omgany- --- - - -- Address _ City/ State/Z.0 Code AU FHJRIZED AGENT ' Name Jotttl J1V,4fl' Com:;an y A/ -6-41(a 4, 93 ( gtry/Ad1 Phore # 47c -5w - _ '_ C Erna ' 1-/l4in £ 4 ' ' U ' 4hrjam(/' " l' Address ---- 7) / eraf,5, 5f, geeth_ -S` ' T C ►ty/State/Z+p Code _- fee; Z v ath n onzatao rpm, must a�.:.�mpar►1 dl' ap uIcetru,• ;;, Isar sd il� <arl AUU:hv/'T?C agent Lot A smallest lot Lot B Lot C_ Lot D Proposed Use ii e Ag or , J� - - Proposed Acreage 2, stip m7 Acdress I ; We ; request that the aoove described property oe desrgnateca a Reeuried Exemption by the JVetd Ccunty Board of C �arjtti C. nrnr -irssioners I ( Wei herety repose and state under penait►es a' cerk. r , teat au statements proposal andior pears subriCeo with or conta,nea worn the aapitcation are trip einn .- ;)rftert to the pest of my ( our ' knowedge Signatures of a ► fee owners of property must sign this app;scatroc if ;,n Autnorrzed Agent s grs a letter 3f autnorization from all `ee owners must be included with the application It a .;u? pu! dtUUn s ' ►le fee owrer rotar zed evidence rruSt be Included st •owrng the signatory has ' ne legal authority to sign 1 : ' isle c or a ' '^ 9 / 1J 1 � ( [20W . ' IgnatL. re awner or Autnorized Agert Date yr - • re raw • e * +'. i N . 1 c.r 'zed Agen;., ( ► f'p Tufa. 41, Parr Owrer or Au ;hcrjzed Agent Pr nt ! ,r. ne • A e ' • iort :ed AIIer't • ' r , _lhy :•-_• 1 s ..jer ' 1\/n that, _ i ' 7 6 ' lift ♦ . A • r " • iii; i�lt�' � fl . -21 "; • •- ter sN•-- . I l • .• r... I • lc. ' r+ r . - . • • . Y • ' . . I • C Ile- 6 'I ' 11 DEPARTMENT OF PLANNING AND BUILDING \_\.__ , �A Trut,} ice, DEPARTMENT OF PUBLIC HEALTH AND ENVIRON NMENT 1 1555 NORTH 17TH AVENUE um GREELEY, CO 80631 1 f 1 IN114. - "XS AUTHORIZATION FORM FOR BUILDING , PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES erne/ thee/Se haniget/I , (We ) , permission to /19are-itlize,3°give. - (Owner - please print) (Applicant/Agent - please print) to apply for any Planning , Building or Health Department permits or services on our behalf, for the property located at: /909,JeD a ad Ler e- /ee-pkv. /(---‘ 6024- Legal Description : of Section I3 'rownshiØ4 .5 N RangejA/ Subdivision Name : Lot Block Property Owners Information : Phone: 970403c rn_ dOeCealleittlint •E ail: eel" Applicant/Agent Contact Information : Phone: 97& 59okAgetinkSeiart4-4j- (-!�E-Mail Email correspondence to be sent to: Owner Ill Applicant/Agent Both Postal service correspondence to be sent to: (choose only one ) Owner Applicant/Agent Additional Info: Owner Signature : eeg--------------- Date : u C� 1 � �� Owner Signature : Date : 6 -‘st /attiviLbij f 2Z)2O Iazo , ; 292049 5 RECORDED EXEMPTION ( RECX ) QUESTIONNAIRE ++ + + Please type or print your responses to the following questions below and use a separate sheet of paper if needed + + + ++ 1 Domestic/Potable water-. Describe the water supply and provide evidence of sufficient quality , quantity and dependability for all lots . A letter from a water district. municipality, or a well permit is examples of evidence of domestic/potable water . If utilizing a drinking water well include either the well permit number and/or the well permit application that was submitted to the State . If sharing a well a shared well agreement is required - If on public water include a letter from the Water District , a tap or meter number or a copy of the water b; 11. ( Example - "Water will be provided by the 123 Water Company a tap agreement has been purchased and a copy of the receipt is attached " or "Water will be provide by a well Well Permit # 12345 is attached - " or "Water bill from XYZ Water Companyis attached" . Lot A Water Source id 60W—eSrenr Lot B Water Source CWarka h/ItO ,�/,5 /er--e by 4ftaetc- - Lot C Water Source Lot D Water Source 2 . Irrigation water. State the type and quantity of irrigation water to the site or when irrigation water has been removed from the site ( Example - "Four (4 ) shares of ABC Ditch Company Water will remain with the site , a copy of the purchase agreement addressing this item is attached .' or " The parcel was purchased with no water rights . ') _ 0.0777E, fer i II`1 3 . Adequate means for the disposal of sewage If utilizing an existing septic system provide the septic permit number If there is not a permit due to the age of the existing system , apply for a septic permit/documentation through the Department of Public Health and Environment prior to submitting this application . If a new septic system will be installed please state that a new septic system is proposed A copy of the septic permit or a letter from the sewage disposal facility must accompany the application ( Example - "Sewer service will be provided by Anytown Sewer and a Commitment to Serve letter from Anytown is attached or 'A Septic system will be designed , constructed and permitted according to Weld County septic requirements or 'A copy of the existing Septic Permit #1236789 is included with the _ application . ") Lot A sewage disposal oartir7C 53<5 7-6,41 Lot B sewage disposal 66-fint" 4 fif 1/Tl%4'6 Lot C sewage disposal Lot D sewage disposal Page I 4 Describe how the property is being used . ( Example - "The parcel has one house one mobile home for the hired hand permitted under Mobile Home Permit # ZPMH - 123 , two barns , and one loafing shed . The north half is currently used for pasture for one-hundred head of cattle and ten horses. There is an oil and gas well head and tank battery in the northeastern corner The south half of the property is flood irrigated and currently planted in alfalfa "J _ _ --/ ror Mir /)9 /)4 oPApree . P A°613(_4txce- Filier 1/446 5 Describe the vehicular access to the new and existing lots ( Example - " Each lot will have individual driveways off of County Road 72" or "All lots will share the existir_g access point off of County Road .59") Ahw heess- t'f G7 /atutiJf ' /& / 12/77-1 /fed& -- , 1 afi Ate�.! S ,dam �7 6 Describe the location , size , of the new lot(s) . ( Example - "The property will be split into one five ( 5) acre lot and one 40 acre lot- ") Altera-- 0617517416 AFT 'e /Q 7'X /l - 1 s illtzefihe_f 7 . Describe any unique physical characteristics on the site . fi applicable such as rock outcroppings , hills. ditches . (Example The ABC ditch runs diagonally across the southeastern quarter of the property?) , 7776 Oz/neetr-r- ads `f 214S 7W& /44/ fr gan: ierfAXar "AMOY 8. Is there a business or Use by Special Review permit on the property ? Y N UNKNOWN If YES. will it be vacated or remain on the Recorded Exemption iot(s ) ? ( Example - *' USR12- 1234 for my concrete business will be vacated as my son is moving the business and equipment to his property outside of Weld County. ") 4A/6 121-4/4/673 telbraCifx473 SS2 habil pe /fr/s7zirs75 • Page 18 Weld County Treasurer Statement of Taxes Due Account Number R6780600 Parcel 096136200006 Assessed To BARTON BRIAN SCOTT 27495 COUNTY ROAD 46 KERSEY, CO 80644-9031 Legal Description Situs Address PT W2 36 5 65 PT LOT B REC EXEMPT RECX1 1 -0024 BEG W4 COR SEC 36 NODE 676 79' N89D24'W 537 43' N01D38'W 368 27'N89D24'E 526.87 NODW 30' S89D24'E 871 20' NODE 256' S89D25'E 1765 .94' S D04'W 1297' M/L N89D24'W 1700 Mil, TO POB Year Tax Interest Fees Payments Balance Tax Charge 2019 $694.38 $0.00 $0.00 ($694.38) $0.00 Total Tax Charge $0.00 Grand Total Due as of 03/23/2020 $0.00 Tax Billed at 2019 Rates for Tax Area 0671 - 0671 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 15 .0380000* $ 126.48 AG-SPRINKLER $23,693 $6,870 SCHOOL DIST #6 50.5170000 $424. 85 IRRIGATED LAND NORTHERN COLORADO WATER 1 .0000000 $8.41 AG-FLOOD $3,508 $ 1 ,020 (NC IRRRIGATED LAND CENTRAL COLORADO WATER 1 .2860000 $ 10.81 AG-DRY FARM LAND $ 1 ,729 $500 (CCW AG-WASTE LAND $53 $20 LASALLE FIRE 5. 1540000 $43.34 Total $28,983 $8,410 AIMS JUNIOR COLLEGE 6.3540000 $53.43 HIGH PLAINS LIBRARY 3.2170000 $27.06 Taxes Billed 2019 82.5660000 $694.38 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES . CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1 . TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS . PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer' s Office %N. 1861 e , 1400 N 17th Avenue • 1 , PO Box 458 - - tF, _ Greeley , CO 80632 Phone : 970-400- 3290 Pursuant to the Weld County Subdivision Ordinance , the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date , all current and prior year taxes related to this parcel have been paid in full . Signed : Saaits2,_____ Date : ( t ) -" ' �r Submit by Email Weld County Referral • April 27, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: Brian and Denise Barton Case Number: RECX20-0055 Please Reply By: May 25, 2020 Planner: Michael Hall Project:TWO LOT RECORDED EXEMPTION (DENIAL) Location: EAST OF AND ADJACENT TO CR 47;APPROXIMATELY 0.37 MILES SOUTH OF CR 52 Parcel Number: 096136300007-R6780601 Legal: PART LOT B REC EXEMPT RECX11-0024, PART W2 SECTION 36, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 096136200006-R6780600 Legal: PART LOT B REC EXEMPT RECX11-0024, PART W2 SECTION 36, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. HDutrow 04/28/2020 Signature Date Agency Zoning Compliance Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax Submit by Email .- Weld County Referral 1. ' I 'r-..i. I � 1. .. r ,77,-. April 27, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: Brian and Denise Barton Case Number: RECX20-0055 Please Reply By: May 25, 2020 Planner: Michael Hall Project: TWO LOT RECORDED EXEMPTION (DENIAL) Location: EAST OF AND ADJACENT TO CR 47;APPROXIMATELY 0.37 MILES SOUTH OF CR 52 Parcel Number:096136300007-R6780601 Legal: PART LOT B REC EXEMPT RECX11-0024, PART W2 SECTION 36,T5N, R65W OF THE 6TH P.M.,WELD COUNTY, COLORADO. Parcel Number:096136200006-R6780600 Legal: PART LOT B REC EXEMPT RECX11-0024. PART W2 SECTION 36,T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: ✓L' We have reviewed the request and find no conflicts with our interests. See attached letter. Digitally signed by Kathy Naibauer Signature Date:2020.05.06 13:22:03-06'00' Date 5/6/20 Agency Central Weld County Water District Weld County Planning Dept 1555 N 17th Ave.Greeley,CO.80631 (970)400-6100 (970)304-6498 fax MEMORANDUM TO: Michael Hall, Planning Services 1861 FROM: Melissa J King, PE, Public Works DATE: May 6, 2020 _ _N SUBJECT: RECX20-0055 Barton The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel(s): 096136300007, 096136200006, The project proposes to: Two Lot Recorded Exemption ACCESS: Weld County Public Works has reviewed the application materials related to access. Parcel has existing permitted access onto County Road 47 approximately 1,600 feet south of the intersection of County Road 47 and County Road 52. (AP19-00604) The applicant is proposing this access for Lot B. For Lot A, the applicant has proposed a new access onto County Road 47 approximately 2,150 feet south of the intersection of County Road 47 and County Road 52 and directly due east of the existing unpermitted residential drive onto County Road 47 from the parcel to the west. The applicant shall obtain an access permit for this location. All accesses locations must meet minimum access spacing criteria as specified in the Table 1 below. ACCESS Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized 2,640 N/A N/A Unsignalized 1,320 1,320 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access location with Public Works prior to laying out your site plan. All"preliminarily approved"accesses are subject to change during the access permitting process. Per Sec. 24-8-40, when feasible,there shall be no net increase in the number of accesses to a public road. Minimum access spacing widths are shown in Weld County Code Sec. 8-14-30. ROADS AND RIGHT-OF-WAY: County Road 47 is a paved 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. The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated or reserved per Weld County Code. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90,the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right-of-Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights-of-way or easement. Right-of-Way Use Permit instructions and application can be found at https://www.weldgov.com/departments/public works/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. CONDITIONS OF APPROVAL: A. The applicant shall address the concerns of the Public Works Referral relating to the proposed Lot A access location. (Department of Public Works) B. The plat shall be amended to delineate the following: 1. County Road 47 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated or reserved per the Weld County Code. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 2. Show and label the existing and proposed access points 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. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1. 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. (Department of Public Works) 2. 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. (Department of Public Works) 3. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. (Department of Public Works) 4. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 5. 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. (Department of Public Works) 6. 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. (Department of Public Works) 7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT r ' 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org couNTY -- Memorandum To: Michael Hall, WC Planning From: Lauren Kemper, Environmental Health Services Date: May 1, 2020 Re: RECX20-0055 Applicant: Barton Environmental Health Services has reviewed this proposal to exempt one lot from a 109.781 acre parcel. Proposed lot A will consist of 2.5 acres and proposed lot B will consist of 107.281 acres. Both lots are currently vacant and will be serviced by proposed taps from CWCWD and proposed new OWTS. The Environmental Health Services Division recommends the following: Prior to construction: 1. If buildings requiring water and sewer are to be constructed, a Weld County OWTS Permit is required for both proposed lots septic systems and shall be installed according to the Weld County On-site Wastewater Treatment System Regulations. Health Administration Public Health& Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services Services Education&Planning g Response Icic:9/0 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-.304-6470 Tele:970-304-6470 Fax: 9/0-304-64 I'2 Fax: 910-304-6416 Fax: 970-304-6411 Fox: 970-304-6452 Fax: 970-304-6462 Public Health 3831949 03/14/2012 03:44 PM Total Pages: 2 Rec Fee: $16.00 Doc Fee: $32.50 Steve Moreno - Clerk and Recorder, Weld County, CO WARRANTY DEED This Deed,made March 14,2012 Between Dorothy M. Ehrlich of the County Weld,State of COLORADO,grantor(s)and Brian Scott Barton and Denise Lynn Billings Barton, as Joint Tenants whose legal address is24652 CR 47,LaSalle,CO 80645 County of Weld,and State of COLORADO,grantee. WITNESS,That the grantor,for and in the consideration of the sum of THREE HUNDRED TWENTY-FYVE THOUSAND DOLLARS AND NOII00'S($325,000.00)the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm, unto the grantee,their heirs and assigns forever,all the real property together with improvements,if any,situate, lying and being in the County of Weld,State of COLORADO described as follows: See Exhibit A attached hereto and made a part hereof. also known by street and number as TBD County Road 47,LaSalle, CO 80645 TOGETHER with all and singular hereditaments and appurtenances,thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever.And the grantor,for himself,his heirs and personal representatives,does covenant,grant, bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind of nature so ever,except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8.1 (Title Review)of the contract dated October 26,2011,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this on the date set forth above. SELLER: „4„.4,-(.6.‘ Dorothy M.Ehrl ch STATE OF COLORADO }ss: COUNTY OF WELD The foregoing instrument was acknowledged,subscribed and sworn to before me March 14,2012 by Dorothy M. Ehrlich. Witness my hand and official seal. s 13• 1`, I} '4 likiPt rah ►t 11 Notary Public MEUNDA ` � My Commission expires: t GUALANDl41 Ifli� . OF bi Wdcorp \ ESCROW NO.459-H0323470-084-MG4 My commission pima: HT@ 3831949 03/14/2012 03:44 PM Page 2 of 2 Exhibit A Parcel 1: Lot B of Recorded Exemption No.0961-05-02 RECX11-0024,according to the map recorded December 14, 2011 at Reception Number 3812158,being a part of the West Half of Section 36,Township 5 North,Range 65 West of the 6th P.M.,County of Weld,State of Colorado. CENTRAL WELD COUNTY WATER DISTRICT April 20, 2020 Brian & Denise Barton 27495 County Road 46 Kersey, CO 80644 RE: Can Serve Dear Mr. and Mrs. Barton, This letter is in response to a request for water service to serve the following property described as follows: PT W2 36 5 65 PT LOT B REC EXEMPT I EC 11 -0024 BEG W4 COR SEC 36 NODE 676.79' N89D24'W 537.43' No 1 D3 8'W 368.2?'N89D24'E 526.87' NODW 30' S89D24'E 871 .20' NODE 256' S89D25'E 1765.94' S Do4'W 1297' M/L N89D24'W 1700 M11, TO PIB Parcel #096136200006 Water service can be made available to the above described property located on County Road 47 between County Road 50 and County Road 52, with a new tap purchase provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District, the Subdistrict, and the D. S. Bureau of Reclamation are satisfied. Central Weld County Water District will require that a Tap Agreement be consummated prior to the setting of a tap or this letter shall become null and void unless extended in writing by the District. Subdivisions requiring 10 or more taps will be required to purchase and transfer raw water prior to District approval. Please note that it is your responsibilityto contact Northern Colorado Water Conservancy District at 800-369-7246 for petitioning confirmation into the Northern Colorado Water Conservancy District and Subdistrict Central Weld cannot issue a to until all requirements are sates This is in accordance with the Rules and Re ulations o Northern Colorado Water Conservancy District. A review of the District's system in this water service area must be completed prior to water taps being sold. A water tap installation is for a specific parcel of property and a customer will not be permitted to extend a service line from one parcel or property to another parcel to provide additional water service. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or line extension will have to be paid in advance to the District by the prospective customer in accordance with District policy within one ( 1 ) year from the date of this letter It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. Sincerely, CENTRAL WELD COUNTY WALTER DISTRICT fit pe Stan tinker, . istrict Manager SUrg 2235 2nd Avenue • Greeley, Colorado 80631 • Phone (970) 352- 1284 • Fax (970) 3 53-5 865 Stan Linker, District Manager Hello