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Home My WebLink About20191960.tiffRESOLUTION RE: APPROVAL OF RECORDED EXEMPTION, RECX19-0011 - T3 LAND AND INVESTMENT, LLC 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 Recorded Exemption, RECX19-0011, was submitted by T3 Land and Investment, LLC, 23659 County Road 44, LaSalle, Colorado 80645, for property which is located on the following described real estate, to -wit: Lot B Recorded Exemption, RECX15-0109; being part of SE1/4 of Section 13, Township 4 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 and known as Exhibit "A," said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., 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, RECX19-0011, 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 parcels estimated to be approximately 101.77 acres and 17.22 acres. WHEREAS, the Board finds that the applicant has demonstrated extenuating circumstances: 1) current market conditions support the development of a Planned Unit Development (PUD), 2) this Recorded Exemption will separate the existing A (Agricultural) Zone uses from the future PUD, and 3) by the time construction commences for the PUD, the five (5) year restriction for this Recorded Exemption will be satisfied. 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 applicant has demonstrated extenuating circumstances as stated above. BE IT FURTHER RESOLVED by the Board that the application of T3 Land and Investment, LLC, for Recorded Exemption, RECX19-0011, be, and hereby is, approved subject to the following conditions: GG: PL(CLWTA), APPL, APR. Rip (o/IZ/ I 2019-1960 RECX19-0011 RECX19-0011 - T3 LAND AND INVESTMENT, LLC PAGE 2 1. Prior to recording the plat: A. The applicant shall submit documentation from the Central Weld County Water District indicating that water service is available for each parcel. 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. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1055-13-4 RECX19-0011. B. Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the plat submittal. C. County Road 44 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as an arterial road, which requires 140 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. Please see the Public Works notes on the submitted Recorded Exemption Plat for Right -of -Way information. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware that the physical roadway may not be centered in the right-of-way. This road is maintained by Weld County. D. Pursuant to C.R.S., §43-2-110(1.5), County Road 49 is designated as a County Highway. The County Highway is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as an arterial road, which requires a minimum of 140 feet of right -of way, or 180 feet of right-of-way in some locations. Please see the Public Works notes on the submitted Recorded Exemption Plat for Right -of -Way information. The applicant shall also delineate the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County" E. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 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 building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2018 International Building Code, shall be constructed within a 200 -foot radius 2019-1960 RECX19-0011 RECX19-0011 - T3 LAND AND INVESTMENT, LLC PAGE 3 of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of Chapter 23 in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses onsite must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption, in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net, unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P of the Weld County Code. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 6) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 7) Access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 8) Prior to the release of Building Permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 9) Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) 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. 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. 2019-1960 RECX19-0011 RECX19-0011 - T3 LAND AND INVESTMENT, LLC PAGE 4 13) Prior to the release of Building Permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 14) Potential purchasers should be aware that Lot B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 15) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 16) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 17) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 29-3-20.6.13 of the Weld County Code, do not need Building Permits. However, a Certificate of Compliance must be filed with the 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. 18) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Program. 19) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. 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. 20) 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. 2019-1960 RECX19-0011 RECX19-0011 - T3 LAND AND INVESTMENT, LLC PAGE 5 4. 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 Board of County Commissioners was signed. The applicant shall be responsible for paying the recording fee. 5. 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 the Resolution of the Board of County Commissioners was signed, a $50.00 recording continuance charge shall be added for each additional three (3) month period. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D., 2019 BOARD OF COUNTY COMMISSIONERS ATTEST: y"ie1 Weld County Clerk to the Board BY: Deputy Clerk D AS Co orney D COUNTY, CORADO Barbara Kirkmeyed, Chair Date of signature: (PA O q ve Moreno Mike Freeman, Pro-Tem 2019-1960 RECX19-0011 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW PLANNER: Chris Gathman HEARING DATE: May 22nd, 2019 CASE NUMBER: RECX19-0011 APPLICANT: T3 Land & Investment LLC REPRESENTATIVE: AGPROfessionals REQUEST: Two -Lot Recorded Exemption LEGAL DESCRIPTION: Lot B Recorded Exemption RECX15-0109; being part of the SE4 of Section 13, T4N, R65W of the 6th P.M., Weld County, CO PARCEL NUMBER: 1055-13-4-00-012 PARCEL SIZE: Lot A: +/- 17.22 Net acres ZONE DISTRICT: A (Agricultural) Lot B: +/- 101/7 acres WATER SOURCE: Lot A: Central Weld County Water District Lot B: Central Weld County Water District SEWER SOURCE: Lot A: Statement of Existing Required Lot B: Septic Permit #SP -0000078 NARRATIVE: Recorded Exemption Timeline: The applicant is proposing a two -lot recorded exemption on the property above. The applicant is proposing to divide Lot B of RECX15-0109 which was recorded on November 19, 2015. Section 24-8- 40.M of the Weld County Code states: After March 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: The largest lot of a recorded exemption which was recorded within the last five (5) years. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter. The applicant is applying for this recorded exemption to divide off acreage (Lot A) for a pending Planned Unit Development PUD for Commercial/Industrial Uses. This recorded exemption will separate the proposed PUD from existing improvements associated with a feedlot approved under an existing Use by Special Review Permit (SUP -202). RECX19-0011 Page 1 of 7 Access: The Department of Public Works, in their referral dated May 10, 2019, attached the following comments regarding access for this recorded exemption: This Recorded Exemption is to accommodate a new Industrial/Commercial Planned Unit Development (PUD) on Lot A. The applicant has submitted a Traffic Impact Study proposing vehicle trips that trigger auxiliary lane construction on County Road 44 at the intersection of the subdivision road and County Road 44. Public Works recommends a shared access to be used for a full movement subdivision road intersection and the feed lot. This access should be located at 1,320' or greater, to be shared between Lots A and B of this Recorded Exemption in accordance with Weld County Code Section 12A.3 and Section 24-8-40.C.2. In no case, can this distance be reduced to a length less than 980' of the west right-of-way of the intersection of County Road 44 and County Road 49. The lot line for Lot A and Lot B may need to be shifted west. There is not an existing access labeled for Lot B on the submitted Recorded Exemption draft plat map.The application material indicates the proposed access to Lot B will continue to use an existing access point located 1,745 feet west of the intersection of County Road 44 and County Road 49. Since there is an existing access for Lot B, the applicant needs a variance from the county code to allow Lot A to have a separate access, since they are not sharing the location with Lot B. In the case that Lot A and Lot B share an access, a 30' easement for access shall be granted to provide legal access to both lots for the future subdivision access. The intent of the County Highway (County Road 49) is to allow a free -moving corridor with limited traffic signalization, as approved by the WCR 49 Access Control Plan. Therefore, as part of the construction of the County Highway, the Commissioners requested Additional Requested Elements (ARE's) as part of the design -build package for a County Road 44 fly -over. The intent of a fly -over is to prevent a future signalized intersection for two arterial roads. Please refer to the attached exhibit showing the impact a future fly -over may have on the proposed RE lots, especially Lot A. Public Works requests the construction drawings for the PUD Development address the possible construction of this flyover and reserve adequate right-of-way for the PUD to ensure the fly -over isn't precluded from being constructed in the future. In summary, there are two potential ways to address conflicts: 1. The applicant may meet the provisions of the Weld County Code Section 12A.3 Table 12A-2 and Weld County Code Section 24-8-40.C.2. This would require the applicant to close and reclaim the existing access to the proposed Lot B and share one access at least 1320' from the intersection of County road 44 and County Road 49. 2. The applicant may apply for a variance to the Weld County Code Section 12A.3 Table 12A-2 which states that the distance between unsignalized intersections shall be 1320' and a variance from Weld County Code Section 24-8-40.C.2 which states that states that contiguous lots created through the exemption process shall, when practicable, share access. This would allow the applicant to keep the existing access to the proposed Lot B and place the subdivision intersection approximately 1000' west of County Road 49. Should the Board of County Commissioners approve this Recorded Exemption, the Department of Public Works recommends the following condition of approval and this has been attached to this staff recommendation: RECX19-0011 Page 2 of 7 A. The applicant shall address the concerns of the Public Works Referral relating to the proposed Lot A and Lot B access location(s) and the impact on the location of lot lines. The Department of Planning Services staff has reviewed this request and recommends that this request be Approved for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code because circumstances experienced by the applicant justify the approval of this recorded exemption and is not for the purpose of evading the requirements and intent of the Weld County Code. Section 24-8-40.M of the Weld County Code, states: "After March 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: The largest lot of a recorded exemption which was recorded within the last five (5) years. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption and that the recorded exemption is not for the purpose of evading the requirements and intent of this Chapter." The proposed Recorded Exemption is for the purpose of separating existing improvements associated with a feedlot facility (agricultural use) from a proposed PUD for Commercial and Industrial uses. One of the purposes of Section 24-1-30 (Statement of purpose) of the Subdivision Chapter of the Weld County Code states: Assisting orderly and integrated development. The Department of Planning Services believes that this recorded exemption will assist in orderly and integrated development by ensuring the proposed Commercial/Industrial PUD will be separated from existing unrelated Agricultural uses. This use would allow the existing Agricultural uses (the feedlot) to be changed/amended without having to amend the PUD. Should the Board of County Commissioners approve this request, the Department recommends the following conditions be attached: If residences or structures requiring water and sewer are constructed or used for proposed lot A or B, Weld County OWTS Permits are required for septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. 1. Prior to recording the plat: A. The applicant shall address the concerns of the Public Works Referral relating to the proposed Lot A and Lot B access location(s) and the impact on the location of lot lines. B. Submit documentation from Central Weld County Water District indicating that water service is available for each parcel. C. 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. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1055-13-4 RECX19-0011 RECX19-0011 Page 3 of 7 B. Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the plat submittal. C. Show and label a 30 -ft. minimum access and utility easement between Lots A & B to provide legal access to the parcel on the plat. D. County Road 44 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) arterial road, which requires 140 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. Please see the Public Works notes on the submitted Recorded Exemption Plat for Right -of -Way information. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical roadway may not be centered in the right-of-way. This road is maintained by Weld County. E. Pursuant to CRS 43-2-110(1.5), County Road 49 is designated as a County Highway. The County Highway is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires a minimum of 140 feet of right -of way, or 180 feet of right-of-way in some locations. Please see the Public Works notes on the submitted Recorded Exemption Plat for Right -of -Way information. The applicant shall also delineate the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County" F. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 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 building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2018 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A 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. RECX19-0011 Page 4 of 7 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 7) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 8) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 9) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) 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. 12) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 13) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 14) Potential purchasers should be aware that Lot B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 15) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 16) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non - buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 17) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 18) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 19) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. RECX19-0011 Page 5 of 7 20) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but riot limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 21) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are 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 RECX19-0011 Page 6 of 7 roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 -month period. 6. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. By: Date: May 15, 2019 Chris Gathman, Planner III RECX19-0011 Page 7 of 7 2 Lot Recorded Exempti Waives Request REC 19 0011 0 Applicant: T3 Land & Investment LLC do AGPROfessionals, LLC 3050 67th Ave Greeley, CO 80634 n AGPROfessionals DEVELOPERS OF AGRICULTURE • Request 2 -Lot Recorded Exemption • Waiver Request — Section 24-8-40.M: "After March 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: 1. The largest lot of a recorded exemption which was recorded within the last five (5) years. This requirement may be waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption." AGPROfessionals DEVELOPERS OF AGRICULTURE Existing Conditions - Lot A AGPROfessionals DEVELOPERS OF AGRICULTL RE 2 -Lot Recorded Exempti Waiver Request REt :19 0011 0 Applicant: T3 Land & Investment LLC do AGPROfessionals, LLC 3050 67t" Ave Greeley, CO 80634 n AGPROfessionals DEVELOPERS OF AGRICULTURE Access Spacing - Proposed Existing Ag Access AP15-00383 Google Existing Access to be Relocated to Meet Access Spacing Criteria AP15-00383 WCR 44 St alb AGPROfessionals DEVELOPERS OF AGRICULTURE C)17.1 Public Works Plat Redlines \\ I \\ b0--4001 CAt ONE isSksina so i t \\ comma) Mrtws1RTL GAS COMPANY, RECEPTION +1iD 3547164 LOT H REC1Te- 102.40 ACRES C 101.77 ACRES IN III€ , INF TABLE !3E RING 01514f Informational: The proposed subdivision detention pond goes through this easement_ A new easement may be required in the PUD process. t,l IK44'41'31't SOOISsre 01 35 A0 J0 Label the approximate location of the existing access to Lot B (Feedlot entrance) '99t T4% RLSNw if4 St3 24, 1 .4MES a. s y % `fit e, `svpf v Ot el II lei ra Approximate New 625 QD' 'cause #5 RFBIW 1Miitl t;'; ALUM CAP RS 20698 I 1 ROW Needed for 1 Grade Separation �4f tP1'Ro41MTt; toc*rc. or ." --1)\ .!C-(GG1 ?rust waive ti) SYNDER Lit Gwa'; tA7ic6s RECEPd10w so 2444841 LOT A R.Ecx18-xT0tx 1'1.77 ACRES Nfl' • tto Q P wc+ 4r4M+ U' F+9 C i t'tr10A1 165 6ti S 1150oo Show the shared access location to accommodate future subdivision road improvements at 1320' from Ir ly Ci \ `t9. N Gam S r 1(1 4I \- �, `\` III% PiucAltr fras litmus \ 1AH11 tRy • 1000' 3r' 4.41 N as 33'41' t.. 131011 MI 5Q -FOOT GS LIME L:A EMCM TO DS' clef RAMC COMPANY. to MOTION NO 4356120 r, y 6q?.S34' fy 034 40' l rttUd CASEMENT cM. C$tORANA 70I. MO 22032 711 I f" S 3 rent 34° " 4r - show future right of way - additional 30', where not already purchased WWeik 4 NOR ern P M ON A ST r&' N 89-5.5' (BASIS OF B sECt10ki1 R*6t S5 FOUND A 3 06 A St StIOWN �p r Coy 0004 I�tY' This additional right-of- way south of the proposed Lot A is under Reception Number 405803 dl na J Prey F • Cet131N G EDGE OF IOIIO WIDTH TY 11040 44 WOES WAY CUM' Ave *L,CORDCJfl 1 A►Kh111:1N&. R[GNT tie 1147 10rI aC 045981 • CLIENT: re - 1.1 cA a X9.1 hid 3 4:*4 He La shht,9 ne spits rikofs% wit sNog 1 WITNESS YY P4*0 )AC Mill LEAD r'DjND OR SET SECTION CO ITEO cOC . FOUND OR SET ONE —QUART O w FOUND MONUMENT AS NOTE s1 al SET t 9" 115 RU MR WITH YE GAP HAMMER x`1.5 24307 a BOUNDARY tiNE a RIGHT Of WAY LINE e EASEMENT UPC • OIL AND GAS S€ TBAC% LINE • Ex1STMIC EDGE OF ROAD i JApprox. Area = 2.0 Acres Waal ,AMTS( 10 21 DC, WIDS11RU11 J ttCCLP1t$ NO. 40-47474 N flt*3;3' M1, 1643 25' DUSTING ACCESS TO RE SOUTKAST mama COWMEN CO3SE0 AND RtCWUED =MIN ' 3' 1CJIMf*S1e1' 4 Mart tt. *.Cif 65 tom or A4t `R+ P.m. MSC A 3' OPASS CAP C strew Vf COCRETE R ADom VOWED AS Informational: There are power poles in the area that may require relocation as part of the PUD process UITE 200 T4tt s Su u %lt l + 4 1w f'+I S1f LS 131?t7 VICINITY HAMMER LAND SURVEYING, INC 3050 67TH AVENUE, SUITE 200 GREELEY.CO 80634 PH: 970-535-9318 MEW AGPROfessionals DEVELOPERS OF AGRICULTURE CR 49 & 44 Intersection - Ultimate Design CR 49/44 Intersection Tne Colorado Department of Transportation (CDOT) awarded Weld County a Hazard Elimination grant for $828,000 in order to address safety issues by realigning WCR 44 and cutting the hill on WCR 49 to address the sight distance. in addition, this project involved widening the intersection to its ultimate design of four lanes of concrete pavement with turn lanes. The design was completed by SEH and the contractor was Scott Contracting, Inc. If you have any questions, please contact the Project Manager, Cameron Parrott, at (970) 304- 6496 x3745. Ac PROfessionals DEVELOPERS OF AGRICULTURE Access Spacing - Section 12A.3 Table 12A 2 • ANS mat gat se _ Table 12A-2 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 AGPROfessionals DEVELOPERS OF AGRICULTURE Access Standards for Recorded Exemptions • • Sec. 24-8-40. — Exemption Standards: • C.2. Contiguous lots created through the exemption process shall, when practicable, share access. AGPROfessionals DEVELOPERS OF AGRICULTURE Access — Public Works Requirement Close Existing Access AP15-00383 Shared Access Point for PUD and Feed Lot a AGPROfessionals DEVELOPERS OF AGRICULTURE Access - PW Recommendation - Variance 1 Existing Ag Access AP15-00383 Close Existing Access AP15-00383 Relocated Access for Lot A Google as .i •ww_ Ac PROfessionals DEVELOPERS OF AGRICULTURE Access - PW Recommendation - Variance 2 Willgera Existing Ag Access AP15-00383 Relocated Access Point for Lot A Google Close Existing Access AP15-00383 WCR 44 AGPROfessionals DEVELOPERS OF AGRICULTURE Access Spacing - Proposed Existing Ag Access AP 15-00383 Google Existing Access to be Relocated to Meet Access Spacing Criteria AP15-00383 WCR 44 AGPROfessionals DEVELOPERS OF AGRICULTURE From: To: Subject: Date: Auto Sender@Acceia.com stoomey@agpros.com Your Application Has Been Deemed Complete Monday► May 20, 2019 9:40:46 AM I Thank you for your TWO LOT RECORDED EEMPTIO►N Application. We have deemed your application complete and are continuing to process your application. Please reference Case Number RE 19-0011 if you have any questions about your case. If you need further assistance, please feel free to contact our office at 970-353-6100 ext 3540. February 25, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: cgathman@weldgov.com PHONE: (970) 400-3537 FAX: (970) 304-6498 ShannonToomey AGPROfessionals 3050 67th Ave #200 Greeley, CO 80634 Subject: RECX19-0011 - TWO LOT RECORDED EXEMPTION. On parcel(s) of land described as: PT SE4 SECTION 13 T4N R65W LOT B REC EXEMPT RECX15-0109 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, Chris Gathman Planner RECORDED EXEMPTION (RECX) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17T" AVENUE ' GREELEY, CO 60631 www.weldgov.com 970-400-6100 *FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY: DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: l:( Parcel Number 1 0 5 5. 1 3. 4 _ 0 0. 0 1 2 (12 digit number - found on Tax I,D. information. obtainable at the Weld County Assessor's map found at wwiv weldyov.corT) Legal Description PT Sr) 13-4-65 Lot B RCX15-0109 , Section 13 , Township 4 North, Range 65 West Has the property been divided from or had divided from it any property(ies) since August 30, 1972? YES II NO n Is the properly located in a floodplain? YES II NOFt Unknown 111�I Is the properly located in a geohazard area? YES t I NO [1 Unknown Q FEE OWNER(S) OF THE PROPERTY: Name: Dan Timmerman Company: T3 Land & Investment, LLC Phone #: Email: Address : 23659 CR 44 City/State/Zip Code: LaSalle, GO 80645 FEE OWNER (cont.) or APPLICANT: Name: Company: Phone #: Address : CitWState/Zip Code: Email: AUTHORIZED AGENT*: Name: Shannon Toomey Company: AGPROtessionals Phone #: (970) 535-9318 Address : 3050 67th Ave. CitylStatelZip Code: Greeley, CC 80634 Email: stoomey@agpros.com 'Authorization Form most accompany all appt+cstions signed by an Authorized Agent Lot A smallest lot Lot B Lot C Lot D Proposed Use (i.e. Ag or Res} PUB Ag Proposed Acreage 23 acres +/- _ 100 acres +1 - 23659 CR 44 Address 23963 CR 44 I (We) request that the above described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. l Signature: Owner or Authori2 d A 't.i'.,-:fr• rI(11, Print: Owner or Authorized Agentt Date Signature: Owner or Authorized Agent ❑ate Print: Owner or Authorized Agent "If an Authorized Agent signs, a letter of autflonzation from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation l �ti iI,E,I� ;i1ri _I11 —i l .,1= Page I 6 �i�ij�i:�� li_ ,� rill ,l''I �iiil, ,iii_�i� 1... ;h.— Ir., AGPROfessionals �U Hui,' ,}E .1[.I{1{.I'l [i-ki May 29, 2018 Chris Gathman Department of Planning Services 1555 N 17th Avenue Greeley, CO 80631 RE; 2 -Lot Recorded Exemption Waiver Request AGPRO Project 4: 2825-01 Dear Chris, T3 Land & Investment, LLC is requesting an appeal to the Board of County Commissioners to request a waiver of the requirement listed under Section 24-8-40.M. which states: "Afier March 1, 2004, the proposed recorded exemption is eligible. for land exemption if it is not part of: 1. The largest lot of a recorded exemption which was recorded within the last Jive (5) years. This requirement may he waived by the Board of County Commissioners if the Board finds that extenuating circumstances experienced by the applicant justify approval of the recorded exemption, The subject property is Lot 13 of Recorded Exemption No. 1055-13-3 RECX15-0109, being a portion of the Southeast Quarter of Section 13, Township 4 North, Range 65 West of the 6h P.M., County of Weld, State of Colorado as recorded on November 19, 2015 at reception number 4159269. A Planned Unit Development (PIA)) Change of Zone application has been submitted in conjunction with the enclosed Recorded Exemption application. Four (4) commercial/industrial lots are proposed on approximately 20 -acres of a 120 -acre parcel through the PUD. Without the Recorded Exemption, the PUD process would require the inclusion of the remaining 100 -acres as an Outlot. To preserve this 100 -acres for agricultural use, the owner is proposing a 2 -Lot Recorded Exemption. If approved, the PhD will encumber Lot A only. Lot B will remain a separate parcel for agricultural use. We are requesting a waiver of the five-year requirement listed under Section 24-8-40.M. and approval of this Recorded Exemption assuming all conditions of approval are met. Waiver of this requirement will avoid the unnecessary encumbrance of 100 -acres of valuable farmland and preserve it for agricultural use. ENGINEERING, PLANNING, CONSULTING Sr. REAL ESTATE 3050 67'h Avenue, Suite 200 ■ Greeley, CO 80634 970.535.9318 .' office ■ 97'0.535.9854 I tax •a 14 fit_. t }r s,�t iii Page 2 of 2 Thank you for your review of this application_ AGPROfessionals will be representing T3 Land & Investment, LLC. Please remit responses to AGPROfessionals. If you have any questions or concerns, please contact Shannon Toomey, Land Planning Technician at (970) 535-9318. Sincerely, Shannon Toomey Land Planning Technician Encl. 2 -Lot Recorded Exemption Application AGPRQfessionais April 30, 2018 To Whom It May Concern: Dan Timmerman of T3 Land and Investment, LLC is contracted with AGPRCIfessionals for ail permitting, planning, engineering, and regulatory work relating to Weld County land use permitting. AGPROfessionals is authorised to represent and request the release of all records necessary on the behalf of Dan Timmerman. We respeclfully request ihai all correspondence he directed to AGPROfessionals_ Sincerely, an Timmerman Date ENGINEERING, PLANNING, CONSLI.TING& REAL ES'tA'tF_ 3050 672' Avenue, Suite 200 • Greeley, CO 89634 970.535.9318 !office • X170.5.35.9854` fax • ww vvt agpruti.Lon, 4158514 11/17/2015 09:55 AM Total Pages: 1 Rec Fee: $11 00 Carly Koppes - Clerk and Recorder, Weld County, CO STATEMENT OF AUTHORITY I This St temei v c,` Authorit: relate, to ail emit named i Land & investment I LL( a ( o alado t i rated Liart tV Cnmpans rd !s eyet°uteJ on behalf o1' the 1, ent �� pi Is II to the tuex isltln r>f Seennn ;£2.30.i 72. C.R S. Irs trpr 3 cnrYloratazl1 I r e upr« Iii artxsrat a 'S Rioted hahlits contra's general partnership '_J limited partnershir other: (� rcgi', red limned d,anilat partnership [,t reatstered [invited Iiahilits limited partnership tini tcd partnership association ,,tonniein nr uu\ernmer^tal subd is stun or keent) [T,I4 ectI0t itt-;Il-ti)$ 5 (..k.S.) the vitaA is tip'mee ttttder the !aura =C Stare et ± ',O. Ado sr X31'35 :A eid t ,t4nr, Roth! 14_ i_aSalle. C C) tms,49 The ' name 7 pusnum trt eats, ?creui aultt�rieJ u^ etieiate in5ttumeni, ,:onesinc+. erialrnbering.. or otherssise afteUit I.tteIt at n,n;ser?•. .;n hehatof �thyM• enits are. Daniel R. Zimmerman as s elunmin I I erman an i " er She authors n+ttae to repnuY_ pertor„t to htrd the et t t X.noi iunited ij totted an tioihn., i)t@xr matt al, torteriIln Ili manna it ,1 tht.11 the eta ;V deals ,s rah ttersst' .c real prxaprny Freeu;est'hi-s I 4.4 ix, --t SI0.i[tll el, V. tHtrttti itt t 8, The roreyt,ing 11ttr.i to Dame! hi tm(ne-ma, as _. ₹.Irlited , tal'It Cornpan� 1:pn,tU15!; pc ,r Praia \nut, :4e.,,v,,; dgcd ₹tire ms' ,hr- �4k� that Vi \em e v 'mess sit hand and ntYct31 teat Its cot -11'11,50i! v4112_. S.1h4. tai1O1i) he rs5. rr �nSe±,y i, x1,111 V .a! • N41112 Re, 'III A' I I CIII, S 1 Or St I HORIT +t : and X tnse fir ld�i,), n41c +resl pr. Ter 51111'. I u 111111 rati.Lt.,a(t,!n d- (� � Y EMI OF mmLORnpo NOTARY ID M44024443 MY =MEM OPINES JUNE IE iou 4158516 11/17/2015 09:55 AM Total Pages: 1 Rec Fee: $11.00 Carty Koppes - Clerk and Recorder, Wetd County, CO STATEMENT OF AUTHORITY This Statement of Authority relates :o an emity' named T3 Land & Investrrnnt LLC, a Colorado Limited Liability Company, and is executed on behalf of the entity pursuant to the provisions of Seel ion 3N-30-172, C.R.S 2. The type of enmity is a. corps ration ❑ nonprofit corporation X limited liability company ❑ general partnership Q limped parnership Q Cher 3 - registered hrnited liability partnership registered limited liability limited partnership limited partnership axsociat fon government or governmental subdivision or agency trust (Section 38-30-108 5. CR S) The entity is formed under the laws of State of Colnrrdo 4 The mailing address for fie atilt is 23654 Weld County Road 44, LaSalle, CO 80645 5 The P name Q position of each person authorized to execute Instrutnertls conveying. encumbering, or otherwise affecting tittc to real property on behalf tit the entity are: Daniel B. Timmerman as and Michael L. Timmerman as );,I t _, (,1 The at:thorny of the foregoing person(s) to hind the entity is not iimuad ❑ limited as follows. 7 Other maucrs concerning the manner in which the entity deals with interests in real property. Executed this i day a -Qi? Signat.e tape or Prick, Name Belem) Michael I . Tiinrncragt(t STATE or =-+ b County of the foregoing instrument ,wktarwk:d tl hefi,re me this by Michael L Timmerman, ay !ji r' jg ,; «�- fry of & in 201.T.'"- , i_im bed Liability Cnnyrany for 13 Land A fn m LLC, a Colorado Witness my hand and official seal. My contmissinn expires: V1_t(--i t ( a(.. L i c. This tom tshould nw be toed unless the evilly is eapable ut tinkling bile to real property I tie ahsen,:, of any limitation shall tie glom tacit evidence that no suet, limitation „xists. 'The sttaternent of authority ono, tie retarded het Opine, the benefits of the statute N.,. 1112. Ree, S EATEN, reT OE.etlTQQRrTY aFJIElut WAR . stars ar MICHAEL OSTnA My Comm. Fra.,Jannan t MA mm AGPROfessionals 2 -LOT RECORDED EXEMPTION (RECX) QUESTIONNAIRE Prepared for T3 Land & Investment, LLC Application Statement: This application is intended to be processed in conjunction with a Planned Unit Development Change of Zone application for the subject property. Four (4) connmercialiindustrial lots are proposed on approximately 20 -acres of a 120 -acre parcel through the PUD_ The PUD process would require the inclusion of the remaining 100 - acres as an Outlot To presorve this 100 -acres for agricultural use, a 2 -Lot Recorded Exemption is proposed. If approved. the PUD will encumber Lot A only. Lot B will remain a separate parcel. 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 bill. Lot A Water Source: Central Weld County Water District Lot B Water Source: Central Weld County Water District The Central Weld County Water District can provide water to the property, a Can Serve letter is included with this application. New taps are proposed for Lot A. No new taps are proposed for Lot B at this time 2. Irrigation water: State the type and quantity of irrigation water to the site or when irrigation water has been removed from the site. NtA 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 far 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 much accompany the application. Lot A sewage disposal: Existing septic system Lot B sewage disposal: N'A ENGINEERING, PLANNING, (.ONSLLTIN(: & REAL ESTATE 3050 67th Avenue, tiuitc 210 • Greeley. CO 80634 office • 970.535 9318 i fax • 970.535.9854 ' uti4tif ,3 +prnti.ccni There is an existing septic system associated with the current residence on proposed Lot A. If the PUB is approved_ this residence may be removed New septic systems are proposed for the PUD lots located on proposed Lel A. New septic systems avid be designed, constructed, and permitted according to applicable slate and county regulations. No septic systems are proposed far Lot B at this time. 4. Describe how the property is being used. The current use of the property is residential and farmland, 5. Describe the vehicular access to the new and existing lots? There are two existing accesses located on Weld County Road IVVCR) 44 approximately 1,745 -feet and 715 -feet west of VVCR 49 respectively. Both accesses are permitted under AP15-00383 The access located 1.745 -feet west of WCF 49 .ill remain with proposes Lot B. The access located 715 -feet west of WCR 45 `A,I1 oe relocated to approximately 780 -west of Vi/CR 15 for Lot A to serve as a shared internal drive for the PUD lots 6. Describe the location, size, of the new lot(s). Proposed Lot A is approximately 25 -acres and is located in the southeastern portion of the property at the intersection of WCR 44 and WCR 49. Proposed Lot B will comprise of the remaining approximately 105 -acres 7. Describe any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. N1A 8. Is there a business of Use by Special Review permit on the property? If YES, will it be vacated or remain on the Recorded Exemption lot(s)? SUP -202 for a feed lot is located on the property and will remain wwth proposed Lot B. rf, 3877023 Pagers. I arel 2 PP o r•-• se ya s.. r9�n2,�ar '<<:° • 1�4�dI 1Li 1l,P� ftli4 CO.4r1i VII ,,. Nlliff4�a1'1,�1��1,♦i�laFN � Rowan! I. Koslow Abrahams Koslow & Cif5mMr LI P 8712 Wa+r Su;rt 3IXi o,rah., NE 60 1 t 4 WARRANTY DEED? ] IMMERMAN A SONS FEEE)INO CO., INC., a Nebraska corporation whose street address is 165 South 2''d Street, Springfield, Ncbsaaka O059, ire the consideration of Ten Dollars ($1[1.00) in hand paid, hereby sells and conveys to T3 LAND & iNV1:s'fMkNT I.LC, a Colorado limited liability company whost street address is 23659 Weld County Road 41, LaSalle. t:oloradn SU645, the following real property in the County of Weld and State of Colorado, to wit: PARCEL I. The SE '/, and that part et the SW 'S lying mast and above the Gilmore Canal in Section l3, Township 4 North, Range 65 West of the 6'a P , County of Weld, State of Colorado; and PARCEL 2. All dust part of the S of the NW 'A of Section 13, Township 4 North, Range 65 West of the 6m P.M., C'.00nly of Weld, Stare of Colorado, lying South and East of the Gilmore Canal, with all of the appurtenances to such real property and wanattts the title to such rtai property, subject to easements, right-of-way, restrictions, mineral reservations, and other encumbrances of record. Signed this yt day of Septcmbot. 2012. TIMMERMAN & SONS FISED!NO CO., INC., a Nebraska carporariort 13y: �v� -�- tieraId H. Timmerman, ?resident IciK O1rr,5 i _ 3077823 Nryts, 2 ar IP/02/7042 11 40 an P rad 4:0 00 a Po. 6136 na 51.•� I1w.,r, [I•r1 .m Il.nird.r, alt. Gp,r1v CO li FP,I4Ailni:!Ac'Ei),j ikm riff unto' U STATE' OF NEBRASKA ) ) ss. (X]UNTY OF DOUGLAS ) the foregoing instrument was acknowledged before rrne this day of September, 2012, by Gerald H_ Timmerman, President of 1'immerman IL Sons Feeding Co., Inc„ a Nebraska corporation, on behalf of the corporation. f f 1 Witness my hand and official still. My curntnisaion expires: 7 1 7 - 2-0- 04 II l io4©Td41 Notary Public Weld County Treasurer Statement of Taxes Due A ccuunt Nurnhcr Rx934179 Panc1 111551 ;411171112 A.r,Lbscll Tr, L} TA i 1 1'1 ,12EL(ll1X1'r ItU1I)-1J I ;55Ati I.F'. {.'tT 41261 2-4yI _ Legal Deacrtption Silva Address I'ISE-.4 1: 4I [2?[ IdHE.(-E'X1-,NWT RL( IS -I lll9 '?y ;1'I7L:NTS'ElLSD441tiLLD Year Tax Tax Charge Interest Fees Payments Balance 2017 S:.I95,94 50.00 5000 (531 45941 5490 rural l as ( lea, gc 511.1711 Grand Total Due as of 04/2012018 SOAP Tax Flillcd a( 2.1217 Eatcy lb: Tax 1rEsa 111 IR • 011R Ad -Ebel -0Y WE_ ('0E'N Vr SCHOOL EWE -ET RE1 ``(HYI-11' R\ (1:I .(211.2 Ei 7 W ATF 1t INC LNITEt.A11:(71-(1RAIX 44',LIlit 1['('54 ('L KT€{-tL(all 1)2.iIKE W 4T Li( S I III' 12.52E Ii PIR2 ▪ ISIS 11.15'IIJR CLII. f_I UL HI(ifi 1'I AUKS I.IIlRARY tii'I ti'3 (i121i1 1i S' {'i)NSIIEDYA'rl(}I-2 !uses11111ed.1211 Crcdit I -,•ry Mill Levy Amotmt Values Actual Assessed I, N1111110ri1" SIDII12.411 .2L(-llIZA1_IS(i I.rktill 51,724 551111 1.9 11Ifiinlb SL.sd,.',4 ASi-S'A2T1: [.3N1) SI,C, 320 I.11000li1t1 tiii2_1' .l(i-,51 I_(?TIICR 'NI 2.1111[1 ,,_ 2 11 I AN1a I.tilrufilillll sI'I.g< l'Alt.M'R VNIC 2I lI-1.542 ilri,l e' H I -'II II NI'I -IMPS 194;(7lJIAl S12111k 0 Flii[H HHL[Mi5- .5"117._'12 .1177,4III 4GRI1 III 11:R_4I ; I Wr1111111 24.27 I F Al I III I IHIt 5i i 1511'2 571,3-1 S2.0311 frl' rll Ji l(} 314) i1`i 1I I4I 5-425 (21!, 2,151'll 22F:1il711rh S.11n.kc 1141- ;pis lI tits~' �-142111l11 51.147.94 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOL DER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED IC 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 • P O. Box 458, Greeley. CO 80532 • 1405 N 17tn Ave. Greeley, CO 80631 • {9711) 353-3845 Ext. 3290 Submit by Email Weld County Referral February 25, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: T3 LAND & INVESTMENT LLC Please Reply By: March 25, 2019 Project: TWO LOT RECORDED EXEMPTION. Case Number: RECX19-0011 Planner: Chris Gathman Location: WEST OF AND ADJACENT TO COUNTY ROAD 49 AND NORTH OF AND ADJACENT TO COUNTY ROAD 44. Parcel Number: 105513400012-R8944179 Legal: PT SE4 SECTION 13 T4N R65W LOT B REC EXEMPT RECX15-0109 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: Fl r We have reviewed the request and find no conflicts with our interests. See attached letter. Signature HDutrow Agency Zoning Compliance Date 02/27/2019 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral February 25, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: T3 LAND & INVESTMENT LLC Please Reply By: March 25, 2019 Project: TWO LOT RECORDED EXEMPTION. Case Number: RECX19-0011 Planner: Chris Gathman Location: WEST OF AND ADJACENT TO COUNTY ROAD 49 AND NORTH OF AND ADJACENT TO COUNTY ROAD 44. Parcel Number: 105513400012-R8944179 Legal: PT SE4 SECTION 13 T4N R65W LOT B REC EXEMPT RECX15-0109 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: Fl r We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Capt Alan Caldwell Agency WCSO Date 03/08/19 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax Submit by Email Weld County Referral February 25, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: T3 LAND & INVESTMENT LLC Please Reply By: March 25, 2019 Project: TWO LOT RECORDED EXEMPTION. Case Number: RECX19-0011 Planner: Chris Gathman Location: WEST OF AND ADJACENT TO COUNTY ROAD 49 AND NORTH OF AND ADJACENT TO COUNTY ROAD 44. Parcel Number: 105513400012-R8944179 Legal: PT SE4 SECTION 13 T4N R65W LOT B REC EXEMPT RECX15-0109 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: Fl r We have reviewed the request and find no conflicts with our interests. See attached letter. }} Digitally signed by Sean Hackett Sean Hackett Date 2019.02.26 Signature Agency CDPHE Date 2/26/2019 Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax MEMORANDUM TO: Chris Gathman, Planning Services FROM: Hayley Balzano, Public Works DATE: May 10, 2019 SUBJECT: RECX19-0011 T3 Land & Investment LLC The Weld County Department of Public Works has reviewed this proposal and recommends approval with conditions to ensure compliance with Appendix 12A of the Weld County Code. 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): 105513400012 The project proposes to: Subdivide a Two Lot Recorded Exemption ACCESS: This Recorded Exemption is to accommodate a new Industrial/Commercial Planned Unit Development (PUD) on Lot A. The applicant has submitted a Traffic Impact Study proposing vehicle trips that trigger auxiliary lane construction on County Road 44 at the intersection of the subdivision road and County Road 44. Public Works recommends a shared access to be used for a full movement subdivision road intersection and the feed lot. This access should be located at 1,320' or greater, to be shared between Lots A and B of this Recorded Exemption in accordance with Weld County Code Section 12A.3 and Section 24-8- 40.C.2. In no case, can this distance be reduced to a length less than 980' of the west right-of-way of the intersection of County Road 44 and County Road 49. The lot line for Lot A and Lot B may need to be shifted west. There is not an existing access labeled for Lot B on the submitted Recorded Exemption draft plat map. The application material indicates the proposed access to Lot B will continue to use an existing access point located 1,745 feet west of the intersection of County Road 44 and County Road 49. Since there is an existing access for Lot B, the applicant needs a variance from the county code to allow Lot A to have a separate access, since they are not sharing the location with Lot B. In the case that Lot A and Lot B share an access, a 30' easement for access shall be granted to provide legal access to both lots for the future subdivision access. The intent of the County Highway (County Road 49) is to allow a free -moving corridor with limited traffic signalization, as approved by the WCR 49 Access Control Plan. Therefore, as part of the construction of the County Highway, the Commissioners requested Additional Requested Elements (ARE's) as part of the design -build package for a County Road 44 fly -over. The intent of a fly -over is to prevent a future signalized intersection for two arterial roads. Please refer to the attached exhibit showing the impact a future fly -over may have on the proposed RE lots, especially Lot A. Public Works requests the construction drawings for the PUD Development address the possible construction of this flyover and reserve adequate right-of-way for the PUD to ensure the fly -over isn't precluded from being constructed in the future. In summary, there are three potential ways to address the access conflicts: 1. The applicant may meet the provisions of the Weld County Code Section 12A.3 Table 12A-2 and Weld County Code Section 24-8-40.C.2. This would require the applicant to close and reclaim the existing access to the proposed Lot B and share one access at least 1320' from the intersection of County road 44 and County Road 49. 2. The applicant may apply for a variance to the Weld County Code Section 12A.3 Table 12A-2 which states that the distance between unsignalized intersections shall be 1320' and a variance from Weld County Code Section 24-8-40.C.2 which states that states that contiguous lots created through the exemption process shall, when practicable, share access. This would allow the applicant to keep the existing access to the proposed Lot B and place the subdivision intersection approximately 1000' west of County Road 49. 3. The applicant may apply for a variance to the Weld County Code Section 12A.3 Table 12A-2 which states that the distance between accesses on an arterial roadway shall be 660' and a variance from Weld County Code Section 24-8-40.C.2 which states that states that contiguous lots created through the exemption process shall, when practicable, share access. This would allow the applicant to keep the existing access to the proposed Lot B and place the subdivision intersection greater than 1145' west of County Road 49. ROADS AND RIGHT-OF-WAY: County Road 44 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 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. Please see the Public Works notes on the submitted Recorded Exemption Plat for Right -of -Way information. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Pursuant to CRS 43-2-110(1.5), County Road 49 is designated as a County Highway. The County Highway is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires a minimum of 140 feet of right-of-way, or 180 feet of right-of-way in some locations. Please see the Public Works notes on the submitted Recorded Exemption Plat for Right -of -Way information. The applicant shall also delineate the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. Per Chapter 12, Article IV, Section 12-4-30.B 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 and Lot B access location(s) and the impact on the location of lot lines. (Department of Public Works) B. The plat shall be amended to delineate the following: 1. County Road 44 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) arterial road, which requires 140 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. Please see the Public Works notes on the submitted Recorded Exemption Plat for Right -of -Way information. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. (Department of Public Works) 2. Pursuant to CRS 43-2-110(1.5), County Road 49 is designated as a County Highway. The County Highway is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires a minimum of 140 feet of right-of- way, or 180 feet of right-of-way in some locations. Please see the Public Works notes on the submitted Recorded Exemption Plat for Right -of -Way information. The applicant shall also delineate the physical location of the road. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 3. Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the plat submittal. (Department of Public Works) 4. Show and label a 30 -ft. minimum access and utility easement between Lots A & B to provide legal access to the parcel on the plat. (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) n.[el FM1CT 1 :0-1CL'PdRRAY *CCESS IA5(IJE CAN.:F3 (l0 Rrr.R13-4167 117 LVPip; nlV1 'C.00 AP A L'W+'.17iI1G:10'1 0,7 Li! 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Ml14Ai N:] 061 B€ EO OFI Bl LIIa:IERFFF %rk n,4[A1 From: Chris Gathman To: "Kelsey Bruxvoort" Subject: FW: RE: Pending Recorded Exemption - Evidence of Existing required Date: Sunday, February 10, 2019 12:22:38 PM Kelsey, See the comments below from Lauren Light regarding the T3 RECX. This will need to be addressed for RECX19-0011 (submit evidence of existing). If you have any questions — I recommend contacting Lauren. Regards, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue tel: 970-400-3537 fax: 970-400-4098 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Lauren Light Sent: Wednesday, February 06, 2019 2:43 PM To: Chris Gathman <cgathman@weldgov.com> Subject: RE: RE: Pending Recorded Exemption They will have to do a statement of existing for the modular and since it was installed in 2000 if there is not a permit they have to do a tier three and bring it up to code. Lauren Light, M.B.S. Program Manager/Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Ilight@weldgov.com 970-400-2211 (office) 03 VA...I l ly 0 P1 -AB pyw Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman Sent: Thursday, January 31, 2019 7:03 AM To: Lauren Light <Ilight@weldgov.com> Subject: RE: Pending Recorded Exemption Dear Lauren, AGPRO dropped off and I was assigned a two -lot recorded exemption. This is being applied for in conjunction with a proposed 4 lot PUD for Commercial/Industrial Uses (they are applying for the COZ right now). There is an existing modular on the property (installed in 2000)— address — 23693 County Road 49. However, I can find no evidence of a septic (either by parcel number or address). The application indicates if the PUD is approved —the residence may be removed. Just checking to see how to handle this — do you want an evidence of existing septic application submitted now or as a condition of approval? I guess we could also give them an either or scenario — (provide evidence of abandonement or apply for evidence of existing permit. It has been awhile since this has come up — so want to make sure I am doing this correct. Thanks, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue tel: 970-400-3537 fox: 970-400-4098 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Chris Gathman, WC Planning From: Ben Frissell, Environmental Health Services Date: March 18, 2019 Re: RECX19-0011 Applicant: T3 Land & Investments Environmental Health Services has reviewed this proposal to exempt one lot from a 120 acre parcel. Proposed lot A will consist of 20 acres and proposed lot B will consist of 10 acres. The application indicates there is one existing residence on the proposed lot A. However, it appears there may be a residence on both proposed lot A and B. It appears proposed lot A has a residence with an address of 23963 CR 44 and proposed lot B has one under the address of 23659 CR 44, which is the one presented in the application. The application indicates that residence 23695 is serviced by an existing tap (804) with Central Weld County Water District but is accessing water across parcel lines. Residence 23695 is also serviced by an existing septic (SP -0000078). No septic or water information was made available for residence 23963. The applicant is proposing CWCWD taps and new OWTS with any new development. The Environmental Health Services Division recommends the following: Prior to construction: 1. If residences or structures requiring water and sewer are constructed or used for proposed lot A or B, Weld County OWTS Permits are required for septic systems and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations. Prior to recording the plat: 1. All septic systems located on the property shall have appropriate documentation/permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located on the lot A of this application. Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require a Statement of Existing Evaluation prior to the issuance of the required documentation. In the event the system is found to be inadequate, the system must be brought into compliance with current regulations. Health Administration Vital Records Icic: 9/0 304 6410 Fax: 9/0-301-64 I'2 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 910-304-64 16 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Tele: 970-.304-6470 Fox: 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6462 Public Health 2. Submit documentation from Central Weld County Water District indicating that water service is available for each parcel. RECORDED EXEMPTION NO. 1055-13-03 RECX18-XXXX LOT 13 RECORDED EXEMPTION RECX15-0109, BEING PART OF THE OF THE SE 1/4 OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 65 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO I. GARY N_ IPWVCA A ALL.,S1[AED PROFE.`SAg1A. LAND 5UR. 153 Ill PNE SlA1i CF DERANFCO. 0O PEASE (ENT1,Y THAT THE SURVEY REPRESLT1Lb Br 1741 PLAT WAS MAD[ LANCER MY PERSONAL 5uPEDHTION AND 1101 1'115 PLAT 15 4i *51IRATE REPRESENTATION THEREOF I FU9IHER CERTIFY THAT THE SUAVE`, AND HIES PEA' 111111015 1151 NA N'P:.GOLL CULE5, REGULATIONS, AND LAWS OF THE STATE OF COLORA00. STATE BOND OF REGISTRATION FOR PROFESSIONAL ENGINEERS ANC PROFESSIONAL LAND SURVEYORS. AND WELD COUNTY BY: CARY K HAMMER No 4 t4N P15W C I/4 + $13 2015 H 69-73'.59 A 7512 40' N 4503'30' W, 304340' [EMI€A COL_ H1ARI ER \\ COHOST, SCCOUN IL. 100,1111144 F ',99711 NANCE 65 WEST OF THE 6714 P M. 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S 111 LOT A RECX18-XXXX III 17.77 ACRES NET Al LNA ROSS 30• TUOr CAS` (NE FASLU['4 51PLRATOI 1 0 ■l�PERM LP \ AEC CI'14114 F. 3651695 $ SIP I-130 00' 5HHT-IN COS 10 O WELL 1 lO"F428E GAS L6 E. A'SEY41fl l9 f 00410_[ Bur. 43714/15_ 40720154• LCC RECEPTION NO 4059220 I7 —FOOT W II ITT EASEMENT r0 1'O AFC SEOVIGF COv11ANT DI FOLOR RID NT -SEPTIC', 44 4 I I 1 14 1 11 4 44 4 44 4 44 4 t-1 r \\ 4 4 I \\ \ 111' WELL AI \\L Jy4 APPR0714411 1041.1164 OF ,- \ 441 CA -I CAA Y,PELIHL EJATVE11 TO 4 SYNOER OIL COPORATON RECEPTION NO 2464649 L } \ pm,. SHOT -IN �C�5 WELL E 95'22Ao- F .'a D9' S 19'15'1' 5, 45506' EAST ONE -QUARTER CORNER SECTION 13, TOWNSHIP 4 NOR,{ RANGE 45 WEST OF THE 0TH E LI FOUND /5 REBAR WITH 11/2 - AWN CAP PLO 20040 LOT A RFCX15-0109 NOT A PART 50 -FOOT PAS UNE EASEMENT TO DCP 12 OPERATING COMPANY. 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A4lj EOSIN 4110[11 OE "AT 113`10.9 F J 1411005 L'J01 [F MrNTlD MONUMENT SON STAMPED A', SHOWN RECEPTION ,10 141545-1 III 40/101111 9XLNI94T 51A4f'ED A. I SHOWN 04 m T4 05' LOT B REC0RCE0 EXEMPTION RECX15-O1[9, BENG HART OF THE SE IN [F SECTION II 144.S1':P 4 NORTH, RANGE 65 WEST OF THE 4111 P.M.. COUNTY OF ALL0 STATE OF COLONLDO 0EING BORE PIIA1IULFRLY DESCRIBED AS FOLLOWS: 41.^4.9 EY 1111)9.41 454410:n1G I.If 504!11, 11:ff 91 1110 SE I f. OF SECTION 13, TOWNSHIP 4 NORTH. HANCE 65 WEST SL•N01Qr A146 11.: F LWAIN D'1Ih" ASTE THERETO BW(THE 12117110711,1-E5NOWN UN INS SURVEY. AI* 5111, AL: OTHER CONTAINING A CALCULATED AREA OF $6 16 ACRES /XSGFE1T OBILL—S'A_4114''fIGAEC. + Flif 4N2ERIVALF 001149 HI 041,101 111 ITE or or MENET DE0141010 PRCALPi1, O0 HEI+PI11 SUBOMEE lot S1.UL AS SHUN. on 14'0 055AITAC'IED MAP. 1 uNDE45TA41T 114.5 rr10P£9T1 IS 14(0110 IN 1. .11M a CA+0k.-ARM) MAMA19,51 Arr0 13 AL10 :1:11* 11,E IU P990.101 111[45 TOR THA 00,530, 0f 1111.14 TEE% Or a16N1. 1014551/4/4 451$ A•,O U5tS 11 *4111k HRNIN DANIEL B TIMMERMAN MANlCER T3 LAND AND INVESTMENT. LC STATE OE COLORADO 55 COUNTY OF NIETO THE FOREGOING CERTIFICATION WAS OOKNOMA_EOGED BEFORE ME MISHAP OF 20_ 117COMMISSION EXPIRES MfN)5F NE TOAD 10.1. 50.E NOTARY PUBLIC ', in Or .,�xrr, '104 ar TL1L� "MTII1'r1' c! PLY _ _ IC-Eir8C111;115!MIEL EPIC , THIS PLAT IS ACCEPTED AND APPROVED BY THE CEPARIMENT OF PLANNING SERVICES FOR FILING ERECTOR, DEPARTMENT OF PLANHlAG SERWCES STATE Of COLORADO ) ) 55 COUNTY OF WELD ) THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS DAY OF MY COMMISSION 'WIRES WETNESS MY HAND ANC SEAL NOTARY PUBLIC LEGEND FOUND OR SET SECTION CORNER AS NOTED C4� - FOUND OR SET 0NE-QUARTER CORNER AS O • PRLL+m1 LASEN,51 NO LETI5LTtIREA4 U. R{CLNIION VT 4011910 Lf. 1E 7L-tLY#q,pr: N 9 0 510 510 A 5 + I W 520 519 H 0014 3 11210 FOUND MONUMENT AS NOTED = SET IS" 15 REBAR WITH YELLOW PLASTIC CAP HAMMER PLS 24307 — BOUNDARY TINE - RIGHT OF WAY LINE - EASEMENT LINE OIL AND GA5 SETBACK LINE EXISTING EDGE OF ROAD '1'- CLIENT: AGPROFESSIONALS _ 3O5O 67TH AVENUE, SUITE 2OO GREELEY, CO 6O634 0 z GENERA! 40115_ 1) 411 RR0R05E0 OR [1511511 S1SL'r111NEi WI14 014 DD Yes, NE MINIMUM SET}!CR 4510 0.775, HF9VHLLENfS FOR THE ZONE DSIPICI 7. ALL,CH TII I-1:L'YENIY 'S IIC.15,1 11114H,µ,1 IC 1E DEFINITION ,N 51111ACK IN ,110 WW2) 1.150141? CODE. THE REQUIRED 5215.4:4 IS VCf5U4 RN I POP ML FULT/RE .rtx:•31-103011111 VII 0u:O4,0 ,J S1RLP.IIIFf. 35- llt 440 NEC LIII1 CD 15 41155E LCCL•NA4C:t5 1.45130 A5 CIIV'VPS I. 8. L. P..A 11.5 H I:I SEVEN, _11-1I Of HIE :017 CUL..LIOH+4 4511,11',1'6 &COL 5,1041 PE CGWSINLOIER WM111, 4 205-F041 40555 Cr AY, IA1X 831110? 0R 611,', A 1.O -YOGI 84055'00 ANT 0.1,0,66 IN 47111,14 A 25 -COO, 14111$ C1 Ir' PL+w1.D CD OILAND:KO DLL u0 GAS ROLL vAR 1115FRCM '1111 A111441N5 ACI(,wx'S {1APTT;'45III 4110$0.4108 VAli,' RT DL 110-1 SO1 00IE9 TCIIC'4 20--5-LO.'C 97 1:09 CDII 'EAO S1Wl f1iNUI-0r A 2) ANY FUTURE STRUCTURES 011 USES OH SITE MUST OBT474 THE APPROPRITE ZONING AND BUILDING PERMRS 3) LOT A IS ELIGIBLE FOR A ONE -TAE -ONLY VI FVRE LAND EXEMPTION IN ACCORDANCE WOO SECTION 24-4-20 C 1 OF THE YIELD COUNTY COOS 5) THE LARGEST LOT OF ANY 41104410 EXEMPTION MAY NCR BE LESS 114.414 0,111-FWE )35') ACRES NET UNLESS APPROVED BY THE WELO COUNTY BOARD OF O0MM,YHIGIf,M5 IN ACCORDANCE WITH SECTION 14-8 �AGR SF TH LC COUNTY CODE. 6) THE PROPERTY OWNER SHALL CONTROL NOXIOUS WEEDS ON THE SHE 7) WELD CO0HIV WILL NOT REPLACE DYLPIAA*1130 LILLLMENT5 LOCATED WITHIN EXISTING R1CHT-OF-WAY OR PAY TO REIAGUE EXISTING 0T1LRIES Wax,' THE EXISTING COUNTY 111(41 'Dl -1,10 B) ACCESSES UN THE SLIP SHALL BE MNNTNNEO TO MITIGATE ANY IMPACTS TO THE PUBLIC ROAD INCLUDING 04LL0GE5 AND/OR DFFSOE TR4CKWG I) PRIOR ;0 1Rt 15,1111 OF 110112.115 .•[45!15, 0111 AAPLICANT SHALL 0E REQUIRED TO 5UBN1T A COMPLETE ACCESS APPLIUIION FOR A PREUIIL.IARI '3'FRl.AII ACC E5( 16CXUO1 AS 1115111 014 THIS PLAT 13) ANY WORK THAT MAY OCCUPY AN VON LIICRC1E11 UPON ANY COUNTY RICHES -OF -WAY OR EASEMENT SHALL ACQUIRE AFI APPROVED RIGHT-OF-WAY USE PERMIT PRIOR TO CSMIEIIC(IDNI 11) THE HISTORICAL FLOW PATTERNS AND RUNOFF AMOUNTS WILL OE MAINTAINED ON THE SLIT 127 411 ACCESS ANT 0111'111551lLIH5 LEE 1000'0AILO 10'1 1110 BENT 111 IY A, 01.11111, 17 4015 43(V10'LD 1 11.11 PLOT, I10LEr6,91 0'411(05 OF 1-11101 ID . 0414109 111EIEIRQy. RED,FOLE55 01 1.071 LDN1911J1AIl01 DR '141015 01 LIFERS, AOC WIH11Ur L14,IRTIO.9 1E1 THE L'4 CA 8{1(445,11 119 141. NIL O< Su[': (AS4,0 JI'i 116 101 0014011 NAY INS1„LL F CAM: 041 5113044401 Iu1ECE THE LHT # 5110 1ASEVENr5111:11141 11,'1 42P1197/1.1. OF ALL PLAID.9 111111 111011$ CS' 1/50 01 six. LA3011,11 13) 40.00 :0 THE 0141.x51 01 5011.1135 L'L"HI11, r,l 1pl',,CYNT -SMALL 50'158 A I(CORDED [CEO OESCTCRING THE 101 UL.`ON W'RCH THE 1100140 PP MAX 11 RECIIF5EED 01111 4HE OOIL(1100 PENH? 4PPLICAIV}" E THE ECU: &ESCTR'l ON ON SUP'. TEED 51144.1. INCLUDE THE LOI EIITEI,a1,64 1N:1 IOC PFCORLS3 0.7001')ru li,UNSR 177 PRIOR TO THE RCLLA`_E OF BUT'. NILE PERMITS. THE APPL Nn 2111,, 511B1'IT E0111111105 TO THE DEPARTMENT OF PLANNING SERVICES THAT LOT B HAS AN AC10811E WATER SLIPLY OF SUFFICIENT 411u11i, 0:141114 AND rIPE'OABILRY, I8) PTIIENIIAL PUPGH'.^-,ERS F11DULD BE 31144[ 111,1 L1.1 B MAY 1,01 BE ELIGIBLE EDP A 59ML3nC WELL PERMIT WHICH 141005 FOR OILTSI'T IRRNMRION 040/OR W ILII'1r5 OF 51b^_A 4h -ELLS TINS STATE DIVISION OF HIV0N P5CAV1150 ISSUES ALL WELL r'EIV'1S 12) P011141:4L (11NC10.54101 CHLOIJLD ,H AWARE NA! r01,0prErrArATER .TAY :101 111[1 Ail 011115NC WAL0P 511;A'F05 AS 1(1111 BY THE [OLOPN%I CEPI01V1l11 OA 155070 I•[I115 Nl0 LN91N07,o1A1 THE OSLO 10{1111 CEIl'9TML':: i- 74146: 115,x111 A,0 EINFROF4ENT 514047,? ENCOURAGES 11111 1110115 10 51.01 111C,R 04108 TIC WATER I' -OW 10 OCNi.DRA 1O6 5,11 PT1150CALLT 1114444111;4 20) .g111,1'Ll I'URC,NDERS '00110 U1 AWARE 'KC APP"01LV Of THIS RECORDED EIFUP191'4 DOES NOT ELVAANIEE 111,1 WELL O 1( WE 1:5-'04 01Nn1CRA['Y 11,1 4015 ANY LO ES 1001 PERMLOE L7 01O40 FI PE?rLWOLE IF THE EDE OWNER IS PENAL II OBTAIN A WELL PERM 1 '.. 20__ 21) IVILO-4G 016,13 Sr." E. dE 001.+11!.5 PH:OR 16 THE CONSTPOS14N1 ,Ir u.-1 fj'JLDC0C 0.1140-0 ILIA! OJ E1 111E 17LFUATIOu 01 ACR 1151 "149 94LMP1 RII1'J'P:;,. PER 1.1. 9ENEGATI,Fl:11S OR SEC4ON 2"9•'••14 AID 5[[711,4 29-}-26R 11 01 P'E WL:11 +WHET 50E0 00 1GT N149 [141;4744_ 41111111, N:1WE5£P, A LERf..114,1E OF 41.54.7 :0 VLSI LE FLOG "•7H OIL IJI1445PAROR DE 5!55'444 SERY{ES ANC AN {L{r1T'C4L F-31GO 1'1.114:,5 R1INAT 44 RLO'AREV 11^19 N1Y 01ELTPCM. 5EHvsr I4 6.E R_1LD''1G OR WAIPR FON WAErl44IG DH WASHING OF O4ESTOCK OR POULTRY GRAPHIC SCALE 10 [ IX TETI ) 1 inch- 200 ft NOT A PORT LOT B —I L TAT 4—. 5 CR 44 CR 42 VICINITY MAP 1" = 2000' HAMMER LAND SURVEYING, INC, 3050 67TH AVENUE, SUITE 200 GREELEY,CO 80634 PH: 970-535-9318 12) 23) 11',4,15175 PERMITS 4555ED ON THE PROPOSED LOTS HILL DE REQUIRED TO ADHERE TO THE FEE STRUCTURE OF THE COUNTY -WIDE ROAD '41µC1 FEE PROGRAM. 24) 111.:{41,11 PRIM115 '539ED ON THE PROPOSED LOTS WILL BE REDIIIREO TO ADHERE TO THE FEE STRUCTURE OF THE COUNTY FACILITY FEE AND NfAN*GE 131001 FEE PROGRAMS. 407 R'vv1 19 LYIIW.r 4'11'15'X, A#7Cl19CE'; TMArTIIENI OFlE EVQNIY INAS SIRE IN 1.d 67651 •4!!1,015,1 131,05,4[ 4i5C4401E5_ 1N:LIAAi; BUR 1,01 LHv'I041 IC, 4.-10 AND tAP/Ll. 411„ 15!4514 415 ANO 001. 4ND1A 1,101 01 ,q THE 10(15 61 REY.S`_S 11119111. 49:TVAL4 DNS- 5111 0150U'IC15 RTCF'.i5E [a1 1114 14011'5 £01.1104[1.1 4.1,1101 01105110.101 CSSE!rlllA I¢ 1.4 5141['5 1[61101111, {6) 1101 FOPUL043 COWiI,C5 GF ITC 5141E 'ACE A CFNIILAL 011151511 Dr 5400 O1PO5:IS. r.AO TO SLIGO 0100015 5'1!440 BE 005,71:1A 1O( 4[ ryL 104A 811 51 DE EFL CAECA -MAO 101 0V9'rnzths 0r PA5`LA DU 101,8 CQL�l1 dC5 r.CAUSE CE4111,PE :LASE PNO+IICJ-0L( OIRuOl No C. u+1FRA1 R45t;NICL ESCAPE:1I:'; AAC 1114'55710,10 IIMlc5C"093 TILE [091410 AND 1ER`.01'5 PEWS INTO THESE ANE74 V4YI HCCWUr1E O1 3141{115 :45451 115O0Af10 (:111. :41110 4I1Z' 11CC1 +NTEKEL 11: IC EoNFEAL 4160,73151 SRES ARE 1130110?? 01415115 AND M NERALE0-SOR11 5.01110 secak{'THIrAl A.0 D4MFNSI GL LGIATCNS 0FIELEAhR, u 10ADLD I,{r ORPORIIMIE110 Fr mA411xE VO,CKAL Ri 114141.E 201 HALE. COLN1Y5 R:11,1 :O 1AN4 PTLC 12PIP IS ONE 114 114 1851 I'RW4VI1t LEDFLAULIOHAL 101YH1f5 ,14 I 1 Vr;1:Lb STATUS 1YP.L'AUL7 16377440 1.1 lOT IC -I' EE1, 142.41105 IN 111E 1DG'414, VI 16131 .4111X11 114501 IA AL1NL'0110441 I '19'75411 1{411 OLE 0444 AREAS G 65-40 COIN!? MAY 8E 104014 A45 5r'AE,UUo 931 TOE? *Pr InTEx5RF1Y 11510 101 A RIEVI TYNE F11,671114[411[ Len A 15101E 1114 4051 N1'CDO'I.10 1110 AC[L1! 1x1.01 004 091WD5115. IIIELv6HC [OIII1.IC15 NTH LLWIG'51A'P"r ADA{ULILRAL RRTC11IF5 45D a 104ER 4(•1,1 Cl 0.811615 NIA, „ 15411 ALONG IY-111 T111 OPMSAG4s 10011 110 P1510 11.{S. WINCH AI1GIC1 1611!1 5„111105 10 RFLCCAIE 1C RATAN XAEA41 1X'ir: NUAT. SSApp3ENP51, 11111111, LAC, Or 0,1 0,10150 .WA} 0041511104. AN0 1141 10411 AI411`PHE RC 440 1101 OF LEE 741-4031 17-F,09130601. FARM9fAS 7' S 1.:011 1LA1PDT 1111.1 51591., DRELLCR40 S IN MIAMI RE C1107417_ AMID 0,710,1 4L ACNE 411445{? 055111,1 05011 USERS CIF 14,110 SHOULC NOT BE E.4<1NU 10 11.AN1E THEIR ICr.G-LSTASE15,1E0 AOPICO,IURA1 PRACTICES 10 A€€0440041[. TIM 1111ELE6, 5-5- # I5ROA'i USERS P:AO n 40144 AREA TELL H' 'L 111'1.11 kRRAL 1111117,[5 +h1 051.ER41E 1=--1415 14400[5. IHG5V1111L61451St FA 90 1114111/4/ 01.0 E00.PMEN T. SLOW-IlOWIC FARM VE14CAES Q'1 AURAL 4OAD5; DOS, 4404 ANIMAL PENS. IITLO 11015. 1!114251, AVO CRAVFF ROADS, 0000 FROM AI4,AIAL 5901-1Ntil1E'V, SILK[. Al) IANURF. 54411 INCA, 011111 BURNING FOES AND MOSTNHCTS. ,1NNTPLC 041.111 IT,HIL A1llT0I15; 9100155 EACW,S. 1.1011 'AJ"LC C'r 110110ACE WI0UFL: 0110 TIC 4S' Cl PESIICf};S 040 TLHIIL,ZEPS WI 144 1511141. 1.043011G !HE LINT O1 1LR141 ATP{ ,T FE MINORPRACTICE FOR ACRCUII9RAL 111191:715 10 0TI;,Lr AEI MCULILL. AWAN 01 300'01! 1114AL M*C111.LIT ?411 F4 P9ES IC 055151 9: INr,V aRRIC*ULruR AL D'EL AIR445 A [014[41,'4 A11C11 CI ERSCE1FFNE205 M.0ILLCIUHA, VAI€410'.5 031(5 44055(15 4 N S01L 09L'API IV RFIWrI. 4114)11 AND 15514?" FREES 311 10* CR,r,1Y `_1407181: 55.35-102- CRS PROVRES {5x1 Au ((210L11114•AL OPC11A11g1 SHALL 5111 R€ TGSH9 IV OE 1140010 0lT 414,4 Tr 50,51111E IF UT ALPOLTLI04Al 3NRAvp, AT LE,20 Ib BE A 451,51504 f.uP: 5/100141 O:,5- qI P4.4c4C15THAT ARE SON*01ST G1 41451014041 #500711 EEO loll AA'CNL NIA. PRODUCTION WA14A 1,05 01111, 511$ 001.1151•[5 IN i0. IllS LIE0'NL ICI 1411 110100.8'1'1. CCA1u11rnll N IS ONREAUSIIC TO .71.056.111.44110 NEAT 1111[11[5 140 RETIIpub 1 ,LAY 54PLY 91 100149 '051 OF 111E 1101 a TE`R 11.TPT DE.LKIOPMENT. WHEN MOVNG 0(51111, 1401Cx1T 4AAR,N5 A"E' 11140"415 441151 0111110 HIE? 051;1,51 lIlt 10x1(0 1R1M '.40,15171 IhIlHES, LAHCS OR 111114 SIRTETURES, 0045555 HAY 1,4011 111 AO.L0:CA 119 4111.41 TO MC WAICR WELD COUNT! CN•ILRS L+1II ARCA 14 APPROXIMATELY (11,0 7,103504D )1,405101 SOLUTE MILES IN SZE {!11!70. 111E 5TAFF OF DELAWARE) 14DX 11005 TNA'4 1109 W5E5 0r 11101E 640 000111? 500115 DJ roc{ LO' WN4;.IFILIhS: 1511 SHEER PADAPT1ITf OF 11,1 APEX TO BE SLRl4D 71'110011.$ 4''14411'1. PL SOURCES LAW EIWORCLWCLUI A RASED 441 15554851#ES TO C4}IPLAI'i15 1111,1 01011 NV PATROLS OF luL (4.11=0 1144) ,I! G51AUCLS 1/40/111111,1 0E 1RAY112 WAY PLAT 411 EVTRq'rICY ),[54045cs. LNTI MAC LAW CN10.ER MEN,. AIHLLx,T.r. 700 !ERE 7'190 P141Fr1'Ds IS 45u0TLr PR1111111 9Y 612.3.16015 11+0 4451 71051 110,08 .1055 4140 1A11'LIE5 TO 111`501114 15 1.CAGENCIES DNA, 17 ER441! R0105. N0 AMULET REIN OFTEN MIT Flli BEADED. MOIL 1101 rlOl7BF THE SA04 !104 OF 55.11{E #,STETTED 1414 A PAW 5 ROAR %NOW MIAO'CAL Pil.#fII:ES MEAN 614'1 I70A1S 1011 %ADP/40'15 IC, AR1LN1ll5 M4r NOT OE W 'N 40R4L 14'.45 14 UI!?! CASES. 'M1L 1104 BE 0121150111.1 TO MU5AR{D fbE SEANN6.50 A'ITR II NA051 S 11ECESS , VCFi Ir POPE Vf!, . 1!511[4'111 THAN U14TI171 4111.1!77 MUNICIPAL SERVICES R4Pu 11 NEED'S MOST. BY A'C1551 TIT OAF PFOPI) AEC Cs115ED TO 001101111 HAZARDS 44 101 44x11 T1rH1I 14 A'l 13007 OR 5UJYJ101,10 1HY4U 10114 50c11,65161 NIT CIL FIELD LC'J,PMFIL, 110.10,4 A40 IL44AGA119N OITP'L3. LLECIRI[AI 440+'_11 r#4 PVMP5 Art! (DONN H0D1 0,44IIA141,aIIT H CE' 311ED TRAFFIC, SAND 0+114 Pu,111UN1 Wh'S I1HYHVIIIM ,AA. 13051. NEE LIYE51001r. 1449 GNP, PUi141141 PRESENT- REAL 410[115 071 TROLLING fro 1DRI:s'o AC9NRl 5 IS ,PEOPTN11, 1,61 CMI Y 18.11 ,ifl*1 54Ft1T- 4111 •;10 1111 ItA 4101ECRON 01 111E FAYWER5 I1NL19 02 RECORDED EXEMPTION SECTION 13 TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6TH P.M. DATE: 8/15/18 JOE/180D5RECX r fgcs rifteiract 2'En cr- t CENTRAL WELD COUNTY WATER DISTRICT March 14, 2018 13 Land & Investment LLC c/o AGPROfessionals 3050 67th Ave Suite 200 Greeley, CO 80634 1° Can Serve Dear Ms. Bruxvoort, '[his letter is in response to a request for water service to serve the following property described as follows: PT SE4 13 4 65 LOT B REC EXEMPT i" REC 15=0109 Parcel: #105513400012 The existing home on this parcel is believed to be receiving water through tap 804 on which is assigned to adjacent parcel #105513000010. Any connection from tap 804 to parcel 105513400012 must be severed and a separate water source iconf rtncd prior to property being divided and/or changing ownership_Water service can be made available to parcel 105513400012 located on County Road 44 between CR 47 & 49 with a line extension and new tap purchase provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. 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 10or more taps will be required to purchase and transfer raw water prior to District approval. Please note that it 'is your responsibility 'ity to contact Northern Colorado Water Conservancy District at 800-369-7246 forpe'titionin,t~ confirmation into the Northern Color. .0 Water ConfinatectiDistrict. Central Weld cannot issue a ter until all requirements are satisfied. This is In accordance with the Rules and Regulations of Northern Colorado V'oter Conservancy District A review of the District's system in this water service area will need to be done 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 o f a tap fee and/or line extension must 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 W TER DISTRICT Stan Linker, District Manager S 1Jk.n 2235 2nd Avenue . Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865 Stan Linker, District Manager l _ Scanning Cover Sheet for Septic Permits Permit P-0000078 Permit Type: Health / Residential New Situs Street Address 23659 CR 44 Situs City, State, Zip SeclTo lRange: 13-O4N-65W Application Status: Finafed Application Date: 04106/2006 Parcel # (12 digits) Owner Full Name: Owner Address; Contact Name: Contact Address: 105513000010-R4349786 TIMMERMAN & SONS FEEDING CO 23659 WCR 44 LAALLE,CO 86 Owner Phone #: 970284-5531 TIMMERMAN & SONS FEEDING CO 23659 WCR 44 LA SALLE C0 80645 Contact Phone# 970-284-5531 Information above has been Verified in Acre/e by errw!ovee noted below Processed b : June 10, 2008 Date Report ID: EHSO8024v003 Front Dale -Time: 6/10/2008 10:41:39AM Page 1of1 • WaELD riOUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH.17TH AVENUE GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970)304-6411 Permit #t: SP -0000078 Sec/Twt ng: 13 04 65 Owner: TIMMERMAN SE SONS FEEDING CO Applicant: TilvINIERMAN & SONS FEEDING CO Permit Type: R_:NEW C Comma ial„ Ikr-Residentialata NEW! R.EPair, VauLT Parcel #: 1055-13-0-00-010 Location: 23659 WCR 44 LASALLE CO Legal Description: 11936 SW4 13 4 65 LY ING E & ABOVE GILMOR E CANAL (3R6DIVT)61,0 Installer: ccuemrhe r kci Description: MOBILE HOME Comrnercial: N Residential: Y # of Persons: 1 # of Bedrooms: 3 Water Public: Y. Water Private: Status: Applied: Issued: Finaled ; 021 1/2000 . 02122/2000 Basement Plumbing: Bathrooms - Full: 2 3/4: 0 112: 0 Water Source: CENTRAL WELD WATER Cistern: N Well: N Well Permit #: Acres: 116 Percolation Rate; 23.5 Limiting Zone: 9 ft 0 in Description % Ground Slope: 0 Dir: Soil Suitable: (YIN) Y Engineer Design Required:, (Y/N) N In 100 Year Flood Plain: (Y/N) N Minimum Installation Septic Tank: 1000 gallons Absorption Trench: 675 or Absorption Bed: 909 Actual Installation ion Septic Tank: _ Igloo gallons Design Type: 62.A. square feet square feet Absorption Trench: Cosquare feet Absorption Bed: square feet Chambers NOTICE The issuance of this permit does not imply compliance with other state county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable stator, county and local regulations adopted persuant to Ankle 10, Title 25, CRS as untended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permi t persuan i to CRS 1973 25-10-111 (2), This permit is nub tgpnifcrrbfe,, The Weld County D►epartrnertt of Public Health and Environment reserves the rigid to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Envi .x Form: S_ FINAL Envir4nmenta Health Specialist Date 1 a a • a Permit #: Owner:. Applicant: Permit Type: Parcel #: Location: Legal Desc: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, COLORADO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 SP - 0000078 SeciT w> ng: 13-04-65 TIMMERMAN & SONS FEEDING CO TIMIVIERIVIAN & SONS FEEDING CO KNEW cscommercia R=Residential + NEW, REP'air, V aut:T 1055-13-0-00-010 23659 WCR 44 LASALLE CO PERMIT Applied: 02//112000 Expires: 02/05/2001 Description: MOBILE HOME Commercial: N # of Persons: l # of Bedrooms: 3 Residential: Y Acres: 116 Basement Plumbing: N Bathrooms - Full: 2 314: 0 1/2: 0 ■ Water Public: V Water Source: CENTRAL WELD WATER Water Private: N Cistern: N Well: N Well Permit Number: Percolation Rate 7' Limiting Zone it O in Description i% Ground Slope Direction Soil Suitable (Y/N) Y Engineer Design Required (WM At In 100 Year Flood Plain (YAM) /101 From the application information supplied and the onasite soil percolation data the following minimum installation specifications are required: Septic Tank / O' gallons, Absorption Trench or Absorption Bed 7S -- square feet O square feet Chambers In addition, this permit is subject to the following additional terms and conditions: /..c (GC C...,Iv T s d. r. ,2e✓klic*.✓s 494. NOTICE This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Weld County Department of Public Health and Environment for reasons set forth in the Weld County Individual Sewage Disposal System Regulations including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance of this permit does not constitute assumption by the department or its employees of liability far the failure or inadequacy of the sewage disposal -system. This aermit le.not transfierabk. Before issuing final approval of this permit the Weld. County Department of Public Health and Environment reserves they right to impose additional terms and conditions required to nxxt our regulations on a continuging basis. Final permit approval is concingem upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. Form: &T H3 aay�Qo _ En . iroien-tail Health Specialist Date -- ri�n err+ -0 0 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 NORTH i 7TH AVENUE, GREELEY, CO 8063 t PHONE; (970) 304-6410 FAX: (970) 304-6411 Permit Number SP -0000078 02-11-2000 Amount: $315.00 Payment Method: Check Owner Name: TIMMERMAN & SONS FEEDING CO Applicant Name: T>' MAN & SONS FEEDING CO Parcel Number; 1055-13-0-00-010 Site Address: Location: 23659 WCR 44 LAS LLE CO APPLICATION / RE CE IPA'' Initials: VH Receipt Number: HAP 121 Notation: #007887 Total Fees: $315.00 This Payment: $315.0►0 Total All Payments: 315.00 Balance: $0.00 Account Code 256041400-4221400 256041400-4730-400 Description: MOBILE HOME Commercial: (Y/ ) i4 Description New Septic Permit Repair Septic Permit Vault Permit Potable Water Resi€lential: (Y/N) ' Acres: 1116 Number of Persons: 1 Basement Plumbing.:. (YIN) N Number of Bedrooms: 3 Bathrooms: Full - 2 3/4: 0 1/2: 0 Amount $315.00 50.00 $D.[O Water Public: (Y/N) Y Water Source: CENTRAL WELD WATER Water Private: (Y/N) N Cistern: (YIN) N Well: (YIN) N Well Permit Number: $0. 00 I Applicant acknowledges receipt of the individual sewage disposal system guide and that the completeness of this application is conditional upon further mandatory and additional tests and reports as may be required by the Weld County Department of Public Health and.Envrronn nt to be made and furnished by the applicant or by the Weld County Department of Public Health and Environment for purposes of the evaluation of the application; and the issuance of the peiimt is subject to -such terms and conditions -as deemed necessary to insure compliance with rules and regulations, adopted under article 10, title 25, CRS as amended. The applicant certifies theat the proposed system will not be located within 400 feet of a community sewage system. The undersigned hereby certifies that all statements made, information and reports submitted herewith and required to be submitted by the applicant are, or will be, represented CO be true and correct to the best of my knowledge and belief, and are designed to be relied on by the Weld County Department of Public Health and Environment in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any l`a1 ificatian or misrepresentation may result in thedenial of the application or revocation of any permit granted based upon said apaion and in legal on of perjury asprovided by law. Milli.ppliication expires QQe y from the signature_ date, X weer/Applicant Fonts tz T_11APP - a cc, Date t • 4 COLORADO SEPTIC INFORMATION FORM To obtain an 1.8111a .. permit, one must file an "Application for Individual Sewage Disposal System" at the Weld County Environmental Protection Services office, and pay the application fee. A "repair" fee shall be charged for the expansion, replacement, or repair of an existing system. The following information must be provided on the septic information form: PARCEL NO.: / .3:400.6 to ASSESSOR'S OFFICE AT (970) 353-3845 EXT 3650 PROPERTY OWNER MAILING ADDRESS -S' HOME PHONE den er C6( I an THIS CAI BE OBTAINED FROM THE eervin Oo?97 city 4 is Ili ST a ZIP lei WORK PHONE (9)01 O2? it FAX I9 41.415-5- alga APPLICANT NAME r,za.Y- a.. 2 e latriC't1 o. MAILING ADDRESS hsi . CITY Zo Sts /* ST ' ZIP v -r HOME PHONE) WORK PHONE ! Qv end -s' FAX 74 fl r LEGAL DESCRIPTION PT SO PT SEC [3 = TWN 4 . RNG ' ACRES I / c asaa acitga LOT t_ BLOCK .. FILING DESCRIPTION OF BUILDING (ex: House, Mobile Home, Modular, Shop, Office) Pei ado nna. SITE/LOCATION ADDRESS n2_3631 Lac re Aul 6 /) (jib. - DIRECTIONS TO SITE _ 1-t 4 a t- ' Lig 5 3teci-k_ o ,2.c)4-th 7:sal aut k_aani. Mil a ul‘,--‘ LADez± NI? SUBDIVISION NEW PERMIT f,"3. IS - 315. REPAIR PERMIT $315 IF OBTAINING A REPAIR PERMIT, PLEASE LI T.PREVIOUS OWNERS OF THIS PROPERTY a. CENSUS TRACT RESIT ENTIAL NUMBER OF PERSONS COMMERCIAL YES I EASEMENT PLUMBING YE NUMBER OF BEDROOMS 3 BATHROOMS: FULL ca 314 1/2 WATER SUPPLY: PUBLIC NO UTILITY NAME .svirriseke4 Lana PRIVATE YES / NO CISTERN YES / NO WELL YES / NO_ _ WELL PERMIT # a r Total Engineering Serviirst,e, inc. 444 S. 2nd Street - 'LaSalle, CO 80645 s (970) 284-9240 February 18, 2000 Ms. Pam Smith Environmental Protection Services Weld County Health Department 1555 N. 1.tth Avenue Greeley, CO 80631 RE: I..S.D.S. Percolation Tests Andrew Timmerman 23659 WCR 44 Lai Salle,, CO 80645 -o D75 Dear Pam: ,p.11.71:11 eMErcli tea. Fara 8 aim Please fund enclosed the data pertaining to percolation tests performed for an Individual Sewage Disposal System (1.5.0.5.) for the above referenced site. A representative of Total Engineering Service, Inc (TES) performed percolation tests on February 151 2 . The average percolation rate was found to be 23.E minutes per inch and is summarized on Table No. 1. The average percolation rate met the County regulation rates for a standard system. No limiting zone was encountered to a depth of nine feet (War. See Log of Borings. It is our recommendation that a standard I.S.D.S, be allowed at the above referenced site. Please contact me if have any questions concerning this matter. Sincerely, TOTAL ENGINEERING SERVICE, INC. 70P7n Torn Cope, President Cc: 00416 Andrew Timmerman vs.cc‘csnin, ef; el 1103 '1/41C‘i\i‘ 01 0 it! feiltreill AP%3 ". r. Total Engineering Service, Inc. s Total Engineering Service, Inc, 444 S. 2nd Street • LaSalle, CO 60545 t (970) 284-9240 TABLE NO. t. OLATION DATA SUMMARY 23659 SCR 44, La Salle, Colorado Percolation Bore No. 1 2 3 4 5 6 Percolation Rate (mPi) 13.3 26.7 22.9 219 32.0 22.9 Average 23.5 4 x 20' s P2 csi_P3 ® P4 cks P5 ® S P6 tin 10th" WCR 44 is BORE LOCATION a, ezt- Cr 0 0011858 BORE LOCATION PLAN ANDREW TIMMERMAN 23659 WCR 44, LA SALLE, CO d AO Total Engineering Service, Inc. ra "A i/rar / V PV !'a a/ I'CJ' /3/40 IV /fir t.' K.1 !l1/4I 3310 SrAlE STREET EVAN.S, COUIRADO 80620 (970) 339-5215 DATE: 02/18/0 SCALE: PROI NO: 00 116 1'1=50' DRAWN BY: KM. SHEET I CHECKED BY: T.M.C. OF I _ r _ AGPROfessionais DEVELOPERS OF At RICULTURI. 2 -LOT RECORDED EXEMPTION SEPTIC STATEMENT Prepared for T3 Land & Investment, LLC There is an existing septic system associated with the current residence on proposed Lot A.. If the PUD is approved, this residence may be removed. New septic systems are proposed for the PUD lots located on proposed Lot A. New septic systems will be designed, constructed, and permitted according to applicable state and county regulations. No septic systems are proposed for Lot B at this time, ENGINEERING, PLANNING, CONSULTING Be REAL ESTATE 3050 6711 Avenue • Suite 200 • Greeley, GO 80634 970.535.9318 /office a 970.535.9854 / fax ■ www.agpros.cum From: Ben Frissell To: Kelsey Bruxvoort Cc: Chris Gathman; Tim Naylor Subject: RE: 13 Land RECX19-0011 - Response to 3/18/19 Referral Letter Date: Friday, March 29, 2019 9:30:55 AM Hi Kelsey, We would agree, based upon your explanation, concerning the septic system. Chris, We can remove COA #1 under prior to recording and can you add the blow explanation to the record? Thanks, Ben Frissell Environmental Health Specialist Waste Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley bfrissell a.weldgov.com 970-400-2220 I' t t ‘st rireoft PHAB tillgrwar -, pit *rat Si wiener.'t r icp Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kelsey Bruxvoort <Kbruxvoort@agpros.com> Sent: Friday, March 29, 2O19 9:11 AM To: Ben Frissell <bfrissell-durley@weldgov.com> Cc: Chris Gathman <cgathman@weldgov.com>; Tim Naylor <tnaylor@agpros.com> Subject: T3 Land RE 19-0011 - Response to 3/18/19 Referral Letter Caution: This email originated from outside of WeldCounty Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Ben, I'm following up regarding your March 18, 2019 Referral Letter for the T3 Land & Investments Recorded Exemption RECX19-0011 to clarify the provisions for water service and sewage disposal. It appears from your referral response we will be required to obtain a septic permit for Lot A and demonstrate that CWCWD can provide water to both parcels, however it is our understanding the existing system is already permitted. The address for Lot A is 23963 CR 44 and Lot B is 23659 CR 44. Septic permit SP -0000078 serves the residence on Lot A. The septic permit lists the site address as 23659 CR 44 which I think is causing some confusion. This is purely conjecture, but I imagine the 23963 address had not been created for the residence at the time the system was permitted so the applicant listed the address associated with the parcel. There are no residences on Lot B. We are happy to provide documentation demonstrating water can be provided to both parcels by CWCWD. As the existing residence located on proposed Lot A has a permitted septic system, it is our understanding no statement of Existing Permit will be needed, please confirm. Attached for ease of review is a property map and the March 18, 2019 Referral Letter. Feel free to call to discuss, Thank you, Kelsey Bruxvoort Land Planner AGPROfessionals 3050 67th Avenue Greeley, CO 80634 Office: 970-535-9318 Mobile: 970-744-0068 Fax: 970-535-9854 www.agpros.com AGPR fessionals DLV ELOPERS OF AGRICULTURE Hello