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HomeMy WebLinkAbout20253487 Resolution Approve Partial Vacation, VAC25-0028, of Four-Lot Recorded Exemption, RECX17-0126, for Removal of Lot D — Jason and Joelle Brent Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, on September 11, 2017, the Department of Planning Services approved Four-Lot Recorded Exemption, RECX17-0126, and Whereas, the Board has received a request from the current property owners, Jason and Joelle Brent, 12531 County Road 104, Nunn, Colorado 80648, represented by TSD Surveying, 13013 County Road 86, Pierce, Colorado 80650, to vacate Lot D of Recorded Exemption, RECX17-0126, and Whereas, said property is located in part of the N1/2 S1/2 of Section 18, Township 9 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described as Lot D of Recorded Exemption, RECX17-0126, and Whereas, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of Department of Planning Services staff, and all of the exhibits and evidence presented in this matter, and having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. The existing easement that was created under RECX17-0126, at Reception #4356611, is partially on the vacated lot, and partially on Lot C of RECX17-0126, and is dedicated for the benefit of all owners of Lot C of RECX17-0126 and of the vacated lot, including future owners of the vacated lot, so long as the owner and successors and assigns of the vacated lot do not subdivide or otherwise violate the terms and conditions of the easement including using the access easement for non-permitted uses. If further subdivision of the vacated lot occurs, either a new or amended agreement regarding the easement shall be recorded which references any newly created lots and which must be signed or ratified by all burdened property owners, prior to issuance of building permit or a formal exchange of ownership, whichever comes first. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the request of Jason and Joelle Brent, for Partial Vacation of Four-Lot Recorded Exemption, RECX17-0126, for removal of Lot D, be, and hereby is, approved, subject to the following condition: 5074680 Pages: 1 of 2 cc:PL(DE/MN/DA/Lo), 2025-3487 12/29/2025 02:30 PM R Fee:$0.00 A5R�SG),�Ppt-- Carly Koppes, Clerk and Recorder, Weld County , CO RECX17-0126 d'C Mill 0(/2.-T/26 Partial Vacation, VAC25-0028, of Four-Lot Recorded Exemption, RECX17-0126, for Removal of Lot D — Jason and Joelle Brent Page 2 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 15th day of December, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tern: Aye Iw -40%. Jason Jason S. Maxey: Aye # 4 A Lynette Peppler: Aye _ Kevin D. Ross: Aye ,k v I' Approved as to Form: "44. , , r,,,,,.+'� Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5074680 Pages: 2 of 2 12/29/2025 02:30 PM R Fee.$0.00 Carly Koppes, Clerk and Recorder, Weld County co 2025-3487 ■III l .rN�4l� I+ 'I ��'�r�yOil IWf,�«'i�rd�W��h �I III RECX17-0126 DEPARTMENT OF PLANNING SERVICES MEMORANDUM COUNTY,CO To: Weld County Board of County Commissioners Case: VAC25-0028 From: Lindsay Oliver, Planner Subject Partial Vacation of RECX17-0126 Hearing Date: December 15, 2025 Owners: Jason and Joelle Brent Legal Description: Lot D of Recorded Exemption RECX17-0126; being a part of the N2S2 of Section 18, T9N, R66W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 27; approximately 1/4 mile north of County Road 104. Parcel Number: 0455-18-3-00-017 Total Parcel Size: +/- 144.41 acres Zone District: A(Agricultural) Summary: The applicant requests to vacate Lot D of Recorded Exemption RECX17-0126, recorded November 30, 2017, at reception#4356611. This partial vacation would result in an approximately one hundred and forty- four (144) acre unplatted parcel. Lots A, B, and C of RECX17-0126 are not a part of this action. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10. A. of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50. H. of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s)within the same plat. The submitted vacation request complies with this code section. 2025-3487 Partial Vacation of RECX17-0126 I Brent I, -Di 5 Page 1 oft Findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. The existing easement that was created under RECX17-0126, at reception #4356611, that is partially on the vacated lot, and partially on Lot C of RECX17-0126 is dedicated for the benefit of all owners of Lot C of RECX17-0126 and of the vacated lot, including future owners of the vacated lot, so long as the owner and successors and assigns of the vacated lot do not subdivide or otherwise violate the terms and conditions of the easement including using the access easement for non-permitted uses. If further subdivision of the vacated lot occurs, either a new or amended agreement regarding the easement shall be recorded which references any newly created lots and which must be signed or ratified by all burdened property owners, prior to issuance of building permit or a formal exchange of ownership, whichever comes first. Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following conditions. A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Partial Vacation of RECX17-0126 Brent Page 2 of 2 To Whom it May Concern, I/We Jason and Joelle Brent (Name of Property Owner) are writing to request the (complete/partial) vacation of Lot D of (Circle one) (Insert Lot Designation) Recorded Exemption 455-18-03 RECX17-0126 (Insert Recorded Exemption number) Tyler Dreman 10/30/2025 Print: t rized Agent Date Print: Owner or Authorized Agent Date Signore: Owner or Authorized Agent Signature: Owner or Authorized Agent 01/24 5 CI VACATION PLAT OF LOT D. AMENDED RECORDED EXEMPTION NO.0455-18-03 RECX17-0126 C LOCATED IN THE NORTH HALF OF THE SOUTH HALF OF SECTION 18.TOWNSHIP 9N,RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD,STATE OF COLORADO d I FGAL DESCRIPTION TO BE VACATED Q 0 Vj',71 4 N0.0.55-IB-QI RVZE:H ACCORDING 10 1NE PLAT RECORDED ROVE LR 30 2(11) Cl) ,L NORTH RANGE 66 HEE.T OF T BEING PART 1 1K SOIL 1 STATE Or COLORADO.AD HALF O ACTON 16 SHP i 134 DAH.511.i9 R66 V NORTH.RANGE E sT OF eTH PM..COUNTY OF ELD,siATE Of COLORADO. WEST USE.-IDAHO WITH 2Ni/)R666. i uUWM CAP.RS 30.83 1 t R=1:01. / 31:1 16W,FOVN. I EWL DESCRIPTION AFTER VAC.AU.N 5X'40'31•[, 4012.0!' N C WITH 2 W ^ ALUMINUM cAR,PLs I,,.o EINO PMT OF THE NORTH MALE OE THE SOUTH HALE pE SECTION ID.TOOL*B NORM.RAKE SO p'OU -• OT A OFI I REST OF THE 6TH P.O.,COUNTY OF MELD.STATE OF COLORADO.MORE PARTICULARLY OCSCRIBCO AS I RCCN)-OTT MOORS: yy(( $ MOi A PEP I IF I COMMENCING AT THE REST I/O CORNER OF SECTION 11 AND ALSO BEING 114 PONE OF NONNINO: O R R W LOT B Of I' l THENCE ALONG THE NORM LINE OF THE SOUTH 1/2 OF SAID SECTION 18 SOUTH 11'31'31'EAST A Ri ^ RECRI)-OM OSTANCE OF 4302.05 FEET;HENCE DEPARTING SAD NORTH LINE 00 THE SOUTH 1/2 OF SAO SECION I :N -N o Ux NOT A PART I M of $ • E 2 16 SOUTH 001.'51 NEST A DISTANCE OF)50.15 FEET:THENCE SOUTH 11'36'31'EAST A DISTANCE OF rc Ili 13 n 8 I I iC X P 1045.65 FEET TO A PORT ON ME EAST NINE OF THE SOUTH I/2 u SAID ACTION IB THENCE ALONG RUwR N^ NAGA'.ON__ LOT C OF 1 n 8 o Ggi�i p THE THE EAST UNE OF THE SOUTH 1/2 6 SID SECTION 1D SOUTH 001.'51 MESH A DISTANCE OF bI"'^ VACATED LOT D BY RESOLUTEN NO. H READ-026 511.21 FEET TO THE YOUTH 1/t6 COOLER OF SAID SECTION 14 HENCE ALONG THE SOUTH LM OF THE to 144411 ACRES GROSS 2024- _OF THE BOARD NOT A PART I I 1•b ;-F, .'t NORTH 1/2 OF ME SOUTH,/2 OE SAO SECTION 1e NORM 6176'!!'HEST A INSTANCE O SN1D0 FEET �j¢� $ 0 ACRES NET O CQNTv GOMWSSIONCRS W I B IM 22^ 1/16 CORNER OF SARI SECTION le THENCE ALONG ME WEST NE OF THE SOUTH OE KO COUNTY 5 603611'E. } y 10 THE SOUTH 1/2 O ,D 104515' w A 81≤b SAID ACTION to NORM Wlll'25'WEST A DISTANCE OF 1316.11 FEET TO TIN PONT OF BEONNINC; }EDGE O ROAD g CONTAINING A CALCULATED AREA O"144.411 ACRES MCE OR LESS: 1 II. SIIRVEYOR.C NOTES EASEMENT KC.NwU.3111)ROW 66 1 I^N. I. THIS 0431 WAS PLEATED TO VACATE LOT 0 OF AMENDED RECORDED(MAKIN NO 0415-10-03 RECS1)-0121 f I +-SODy RE ON NOVEMBER 30,201)UNDER RECEPTION NO.4351611 N 40.2155•W 5341 I :6040' E��3 SOUTH 1/15 CORNER.518.MSS 2 150 SURVEYING RELIED UPON BEARINGS AND DISTANCES FROM AMENDED 43500MD EXEMPTION 00.0455-15-OS ROOM FOUND /4•REBAR WITH x 00 I� r RECx1)-0126 RECORDED ON NOVEMBER 30.2017 UNE.RECEPTION NO.51811 ,/Y ALWwUM CAP.PLS 40462 SWAN 1/16 CORNER. Tr- IO X 3. ANY PERSON RENO MN0E1N1Y REMOVES ALTERS OR DEFACES ANY PUBLIC LANG MONUMENT OR LAND III I 3/4T ROAR WITH 2 NE Ilk ROW.F 104 a BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TIRO(2)MISDEANUN PURSUANT TO STATE STATUE I I ALLIMIMY CAP.PLS 3 ME 62 ILI a 501.C.R.S. III III W NS 4 BEARINGS ARE BASED ON THE EAST LINE OF SECTION CTI 14 TOWNSHIP R EST OF THE 6TH P.M.SAID LINE EEEFFFAONG WADI D014.54•WES H20 MRE10.N THf SHOWN MONUMENTS ON THIS SURVEY,AND WITH ALL OTHER 2 BEARwO5 CONTAINED 5 141311 S. LINEAR DISTANCES 9NOIN HEREON ARE WI U.S.KANO'FEET. Gyy En i NOTICE, z < k TACCORDING REE KARS AFTER YOU FIRST DISCOVERED SUCH INFECT.CE0 50 GAL WSTBMAT AANO NY ACTION BASED UPON ANT ON ANY DEFECT IN INIS TDDEVFECT BE GW O6 COMMENCED MORE THAN TEN YEARS FROM THE OATC OF CERIMIGTION SHORN HEREON. Q K W C> 00 C W < O NPROPERTY OWNERS CERTIFICATE J Z (NE).TIRE OUGH THE 2000GNED.BEING THE SOLE THE 002)w AND SHORN HEREON.BY AND 11.1 2 RERCOGNIZED AS AN UNPLATIED TRACI O TION TAKEN 81 THE BOARD DIY ACKNOWLEDGE COMMISSIONERS DEWELD0501COUNTYANY NOW BE 2 Y E G I CREASEMENTS ARE NOT AFFECTED BY THE v INDICATED 5 VACATED BYTHISwPLAT.HEREON ANY EASEMENT Q EATED BY THE ORIGINAL LAND OOSION AruTO nn T IS NOT KOK AS VACATED ON THC LEGEND 8 3 W 2 ACCOMPANYING MAP HEREON IS HEREBY REDEDICATED IS S5SHORN NIKON. TS-GE-WAY ARE NOT AFTECTED BY in VACATION 8 r ABJECT PROPERTY 8 0 .^g SUBJECT PARCEL BOUNDARY LINE / O ACTION UNE / I. EASEMENT ACCESS AS NOTED 0 JASON H.DREW AELIL BIENT EDGE OF ROAD 11-01 041 I STATE OF COLORADO ) a ORNER.A NOTED )F COUNTY OF KID • 14 REBVR WITH PLASTIC CAP COIN 116 FOREGOING CERTIFICATION WAS 00200*EOCED KOOK ME TRS___DAY O_ __.20_ STAMPED PLS 50462 3IEMY COMMIS5ON EMPIRES.,T, j WITNESS MY HAND AND SEAL O Ja0 6W eoo QE s SCALE: 1" = 300' VICINITY MAP 9 NOTARY PUBLIC SCALE:1'202 OCTOBER R 2025 i BOARD DE COUNTY COMMISSIONERS'APPROVAL af906 — S Till5 VACATION RAT IS APPROVED BY THE BOARD O COUNTY COMMISSIONERS O WELD COUNTY.STATE OF COLORADO i 050 10 MY HAND F AND THE CORPORATE SEAL OF WELD CORM X15____DAY OF___—___,10__ I CHAIR,WARD O CORN COMMISSIONERS CIIRVEYDRS CFRTIFICATL 1 S L TYLER DREMAN.A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COORMO DO HEREBY CERTIFY THAT B ATTEST: _ THE SURVEY REPRESENTED BT THE PUT UW.MADE UNDER My PERSONAL SUPERVISION.AND THAT 855 RAT IS AN Wr[ 0 Ira 60 j EEO COUNTY CLERK TO RE BOARD — — ACCURATE REPNESE TAUON THEREOF.I F E CERTIFY THAT THE SURVEY Np S PUT COMPLY 10 ALL APPLICABLE RULES REGULATIONS,AND LAWS OF THE STATE OF COLORADO.STATE l• J00'FEET HI iS BOARD OF REGISTRATION FOR PROFESSIONAL CNLMEERS AND PROFESSIONAL LAM SURVEYORS ANTI ETD COUNTY. TSD 00lic. EE ! n _ 00 150 DEPUTY QTR N M IMAMDATE MLR ORCYAN.PLS.40120 DATE yJ AM 2!0010 7 KIT K 10P1 r- RECORDED EXEMPTION NO. 0455-18-03 RECX17-0126 T1ENORTN NAL.OF ME SOUTH NNf 00 SECTION 10.TOMMSNIP 9 NOR,,RANCE 66 ORS,O.THE 6,PIA..000n-I104 WEIR.STA,.it['usu.—LUDO /^\ ass _ GENERAL DI Bear. �Nn �l �I`ato YeCorner, w6 L 1.Ban.DI wi,gx .East .m .Southeast Quarter of Section 1e.Tasmania 9 No..Rn9.ere E!;� Section�6 itr".u�.Wmw) J.rt.-num.V;�qror m`„m y� \ Peet oe Monument.by au survey is o..am.°la bear south DOr.'S<•w«I. b Y./w, -�.m cro g`�/ no.• \ 2 ® .Set No.rebv(16 enp)with f.diameter rod paste cop mars.TS]0.62 Z �� 'ptr .m r M a.'a iA° 3 *Set-AO'.mSet No. rooter(16• g a dun.er b plastic cop maned LS 30.62 a. mwt.0 Toes `� \ 30.00 an CwntY Roof Right s War k or` $68.34'31'E 5347 TO' •\ • •wry \ �/ /- • LOT A l°''. t m- ° s O Apwc.mabdla win of a p b rw.a deem ao t(Fern°No.AP12-064x6)rcea upon any.1•0 n'Ms r et • `west 1e Cameo "$Lm9 AC.Grate t g °0icsi r°° + F. 6.66!oz.N os aT' you Mat • m U+ ms rY ' �� -Sol]I iwsu ;�w/o]/1wi µw. oat. r..was enter commenced m a .em such Mk,Nunn.ce any legal n e<vxrc from he tion Dme £ I =le a.mm.w tax a \��$�/ LOT B ^ 1 1 PA hn 7 cry cot.tweed 6pal any .Clieect nt. to w Bran 'x531 Ccea<Y Road 1'04 N P°C°'o.ada hoe so. a of.n.certification near,weer. 6 iLa6t At.Saw" yi el 19».e a t.w SI MAC.N.l LOT D LOT Cer ri h wan ry . — iT «.40. Ac $yBe L66t AC.Ca. iI 11gTT`, m Na 4.4.147 9 54.1. w.et°I m,4490 P '1.3.09f K =R 5.633 AG N.l . w ":77"... BBI PROPERTY DEeeRvllalt uI .N « • 646'36'> W se . 4456S' \4.0C„(71,;•ov+ Merda.County *044 State Half Colorado ,e.r Range 66 e.<pa qal I / :w'•�9-tee.... t I N m:2, Te Norte a Iae,n. °et.teo a 1% - -wean. ,,,,,,._,!.°:/ , ) _Section Rpm ► c'ii1 I:e.. PROPERTY OWNERS CERTIFICATE: Nino,w e. 6.4 ,c.,the undemoned,° ( `<°""" rest and u... r wwa review. °°rewa.eras 1a u.<na.w of other. h < y n.:.I i 14 D�' am aorta o.snowr kn the attn..mop W•kodestand this prcperly same n on y�wl:wa e. �1�1 N8845'55'w 5341.t]0' m E is p°CO�ea°Y brt•9nt.91.F u —. _ " I I1111,T KNN CG 5wtn.I .... /err�... (1,a.'° �§ .g ���[YII eon y¢T,i^1 n.n�i �ssctw 1tl-Y-e6 ( \ 4F G N N,bni „skili..mt �/ .. `, r Stw.° I.. 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'd 204-Io°1i� 01....° aver eadan .vu n ° aslal,1^4 y u'7(e)m EASEMENT CEAIIFIfi1TE: fronn tin°terns of the ap 6'F occoren<e.N°S.esectina23-6-10.C Yol this Cal.variance °r ores.:and(e of c)sucnnew°.its a eaCC !. I 1 I 2 Am ,..wetw..a uses,n..1.man°bt° m.apa 46 w.toning a wlena co.tirc east o�ea°,Leo e,anwo ,a.n.x w. a cum Y o I cniczrctec to avoid ns of t,.<ui°...ats.�n pwuo..<a,ml.s m for Oho".mdse do .no.n or ded ae.areas hereon to the benel0 of the property(10)shown w e®wn.d haven.w.ern.rt, 7 CCa NOI60MTAE SCALE tI•.E91 pa t' stab. '^Y a of A,Let B end ntw.I°nd"*"''''°' ..pt an m wcordnce nth al.•w..Weeprc d t1,wYlmel moved in V/Y �J Las..awn.are r pis sr,-u s.eery w S.etlw N-e 0[J of.as via Y mn ieL.a. arc. - t i a Ivgn Ia o County B °of Commi.naner.m accwdmw stn(Se<tl°mae mat mneraI rs.°ur<e.Y�tsot.arc fol.to Mee�m° rero o. Id be°ne.nee the 001,1c,.`, e•t xt the ` w N Brent 9 UNE LEGEND 24-6-40.•of Wed C _ t v not D. ..ton In VI protectedY)VELD CW rARu: we of Z OC tr 5^•Weis Ca, 9...N. e° c t-°I-.°Y w in NIGHT�`YTM fen., the Weld< Q I' 8 eYe -Bµno,Ln•/Loo pay to 9C p -- —.S.ctbn Coe. cess on We site stuil be moil...to milk,.any impact.to the public oar aore intensirely used for aq 9 ' ap OEPARIEENT aF Pl.WN9EL9 SEINICES AD1flISI1NTn£RENEW CERrf%YtTE: J r2 i spot a err w b.ma9w / rr.l p. • "° Ysercces than in town Nom,with the drowbocks com•th•hcentircs which attract.rta dwelle^s to 9 me pa tad 1 tPlanning ,hold w u lrt d 7 Prior.I.'Moose of build.,oerrnite,thor oppbcani.oll submit a recorded de.*Ming a...R °'"m'°wt Lm°. .9 Let upon email the buricling perrnt description a^such deed Nall...NI .Let d c Ian arc Rwwa.e opal cations. name., °.e«, 9 .rase.« .at..,which enrol seam Director. n relocate tu hoof meas.wen moss.spaciousness.Mali..ao.ot CPI,'sole ohd congest..ana trc ,Service.. ae.k °rtm<n o Ming J I I i sers of the lend Moore not be hee lorig-ortablished O•P r.Or to II, Planning of amp a apDllc n .uDm wrltW to gen°m -modote the.ntrzsona of a 9<^on NMiaUwq t ayrc Cooler I C wane )u C 1 An B C and C'n as an adequate,water sup"y h m V° ` 9 Pual Lonlinernent.seg.and mono..snrcie trom dd.burn.,tee crd mosquitoes. •Oftotest dz.', ltly urchaser. dap rDe ow0re ots e ntnrn n p n p w The .m .as ohms. Y sow.n.t,4doy w/1I111A1v1/UEI.20/7 Itl q oste..and fart tuns in the fed.,noluding.u.Cit anrc•Proy,it 0,eam.on Pro...Ns, ° nd`a e�ate u°at°cv1 anmd.. thaw to el y mssl°n a paws.tV�:J�� � 11—Y C ond C may not Ile nsultural macho.,Ond supplies to asset In 0 the S C Water Resource..was° .w1 perm nsual dericultoral operations A concentration or C 35-3.5-102.C.R.S. uW. Y6tn.a mY Mond and arch Ol two M Z..,c,c.,cancoqurol operation shall not.tould to.a public or pries.nUanee if toeO 0 e Colto Potential purchasers onouic orado c n 9nk,9- ..der a1.uuoca.a.t, Itur was ra0, wean..ad or.Comm v or u commas. w G vu a u+Ai°i.t6 I R e aware that 1YE1D COMITY POA0106 Ospwtm encourages we are.to test IN.r - Y ploy ''/ !sinking. Vier to cn p n° per seemly rnNw°At eater hal own,and continues to pos.. 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Dolt. 3 1 ern Br.,-Recorded Ere..REcx12-0126 Notice Pursuant to Section 24-11-50.1.1 of the Weld County Code, the following matter will be considered on the Consent Agenda of the Weld County Board of Commissioners and no public testimony shall be heard unless it is removed from the Consent Agenda and placed on the regular Agenda by action of the Board, with said public hearing to be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the date and time specified below. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Hearing Date: December 15, 2025 Hearing Time: 9:00 a.m. Applicant: Jason and Joelle Brent P.O. Box 11 Eaton, Colorado 80615 Request: Partial Vacation, VAC25-0028, of Four-Lot Recorded Exemption, RECX17-0126, for Removal of Lot D Legal Description: Lot D of Recorded Exemption, RECX17-0126; being part of the N1/2 S1/2 of Section 18, Township 9 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 27; approximately 1/4 mile north of County Road 104 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: December 3, 2025 Weld County Clerk to the Board's Office Certificate of Mailing Form Partial Vacation of RECX17-0126 Owner Name Address 1 City State Postal Code TIMOTHY MCGINNIS 51473 COUNTY ROAD 27 NUNN CO 80648-9777 JASON AND JOELLE BRENT 12531 COUNTY ROAD 104 NUNN CO 80648-9713 CARRIE BERKOWITZ 51375 COUNTY ROAD 27 NUNN CO 80648-9777 TSD SURVEYING 13013 COUNTY ROAD 86 PIERCE CO 80650 ATTN TYLER DREMAN JASON AND JOELLE BRENT PO BOX 11 EATON CO 80615 I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RECX17-0126, in the United States Mail, postage prepaid First Class Mail as listed above, this 3rd day of December, 2025. r / , t Janet M. Warwick Deputy Clerk to the Board `- E'C i/7 --G ' Z - 17/ 4' ,%L) U.S. Postal Service*" SENaE': CeM'LETETHISSECT/eN .M' . • . CLETETHISSECTIN N ELIVE'Y R • Complete items 1,2,and 3. A. Signature El CERTIFIED MAIL® RECEIPTp ❑Agent Domestic Mail Only II Print your name and address on the reverse ` r _--- "------__ ! •ddressee ❑ so that we can return the card to you. B. Received by(Printed Name) C. Da'- •f eliverY r- For delivery information,visit our website at www.usps.com`. ■ Attach this card to the back of the mailpiece, r%-• or on the front if space permits. 1 1 : i Certified Mail Fee 1. Article Addressed to: D. Is delivery address different from item 1? 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J nuar 2'23 $N 753'-'2-oou-e.a7 eversef•rinstructi ns WELD COUNTY COLORADO LAND RECORDS 11/19/2025 AFFIDAVIT OF INTERESTED LAND OWNERS 8:51:31 AM SURFACE ESTATE THE UNDERSIGNED, States that tc the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, https://maps.weld.gov/propertyportal/, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature IIit19 z5 Date Property Owners Within 500 Feet of Parcel# 045518300017 Account Parcel Owner Mailing Address R0313686 045313000003 HEDIGER MARGRIT FAMILY TRUST 10829 RIST CANYON RD BELLVUE, CO 805126205 R3346605 045517300002 KING IKE LARRY 13141 COUNTY ROAD 104 NUNN, CO 806489713 R3346605 045517300002 KING CHAD ALLAN R3346605 045517300002 KING LURENA ANN R3346605 045517300002 MCWILLIAMS MARTI LYNNE R8943920 045517300003 CHITSAZ HAMID REZA 6320 WESTCHASE RD FORT COLLINS, CO 805287076 R8965660 045518100021 BRENT JASON H 12531 COUNTY ROAD 104 Lt +- a NUNN, CO 806489713 R8965660 045518100021 BRENT JOELLE l.DF E R8952462 045518300017 BRENT JASON H 12531 COUNTY ROAD 104 Lb� NUNN, CO 806489713 R8952462 045518300017 BRENT JOELLE LA+ R8993857 045518300024 BRENT JASON H 12531 COUNTY ROAD 104 NUNN, CO 806489713 Page 1 of 3 Property Owners Within 500 Feet of Parcel# 045518300017 R8993857 045518300024 BRENT JOELLE R8993858 045518300025 BRENT JASON H 12531 COUNTY ROAD 104 NUNN, CO 806489713 R8993858 045518300025 BRENT JOELLE R8952459 045518400014 MCGINNIS TIMOTHY P 51473 COUNTY ROAD 27 LO+ A NUNN, CO 806489777 R8952460 045518400015 ROMERO KENNETH 51469 COUNTY ROAD 27 NUNN, CO 806489777 R8952460 045518400015 ROMERO TANYA R R8952461 045518400016 BERKOWITZ CARRIE 51375 COUNTY ROAD 27 L-0+ C..2 NUNN, CO 806489777 R8974192 045518400023 RINCON BEATRIZ ADELINA 12883 COUNTY ROAD 104 NUNN, CO 806489713 R8974192 045518400023 VILLALPANDO ARCADIO JOSEPH JR Parcels: 11 Owner Records: 20 Page 2 of 3 Property Owners Within 500 Feet of Parcel# 045518300017 ill J. °CR L . ,•„ Lel D._ ar O ,... _ ...0 .....,../_ , , .., . . . , L--------ti _ b K 7cnt Page 3 of 3 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: AMOUNT: S CASE#ASSIGNED: APPLICATION RECEIVED BY: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be vacated: Recorded Exemption NO.455-18-03 REXC17-0126 s 18 T 9N R 66W ❑Complete Vacation (must include all lots) Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number Acreage Affected Easements D 045518300017 79.015 NONE PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Jason and Joelle Brent Company: Phone #: 719-740-0474 Email:jbtrailerequip@yahoo.com Street Address: PO Box 11 City/State/Zip Code: Eaton Co 80615 APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: TYLER DREMAN Company: TSD Surveying Phone #: (970)590-2197 Email: tylerdreman@gmail.com Street Address: 13013 COUNTY ROAD 86 City/State/Zip Code: PIERCE, CO, 80650 I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision exemptions. 10/10/2025 Signatuye Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date TYLER DREMAN Print: Owner or Authorized Agent Print: Owner or Authorized Agent DEPARTMENTS OF PLANNING 18(,i '.. BUILDING, DEVELOPMENT REVIEW 7 AND ENVIRONMENTAL HEALTH / 1402 NORTH 17TH AVENUE */ PO BOX 758 1u• _ - ) GREELEY, CO 80632 AUTHORIZATION FORM I (We) Jason and Joelle Brent give permission to Tyler Dreman (Owner—please print) (Authorized Agent/Applicant—please print) to apply for any Planning,Building,Access,Grading or OWTS permits on our behalf,for the property located at(address or parcel number)below: 045518300022 and 045518300017 Legal Description: Part of the South 1/2 of Section 18 , Township 9 N, Range 66 Subdivision Name: Lot Block Property Owners Information: 12531 County Road 104 Address: 719-740-0474 jbtrailerequip@yahoo-com Phone: E-mail: Authorized Agent/Applicant Contact Information: 13013 County Road 86 Pierce, CO 80650 Address: Phone: 970-590-2197 E-Mail,tylerdreman@gmail.com Correspondence to be sent to: Owner ❑ Authorized Agent/Applicant O by: Mail ❑ Email 0 N/A Additional Info: I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Date![// 14.5" Date (Q-((, -5 Owner Signature Owner Signature Subscribed and sworn to before me this 1‘.)+1.+ day of c- o `° , 20 ZS by So.sc vlle 13(20 f My commission expires .12.7 1 Z i2C Zck KEENAN HALL Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174050791 MY COMMISSION EXPIRES DEC, 12, 2029 1/27/23 7 Weld County Treasurer Statement of Taxes Due Account Number R8952462 Parcel 045518300017 Assessed To BRENT JASON H 12531 COUNTY ROAD 104 NUNN,CO 80618-9713 Legal Description Situs Address N2 82 18-9-66 1.O'1'D REC EXEMPT RECY 17-0126 Year Tax Interest Fees Payments Balance Tax Charge 2024 $346.08 $0.00 $0.00 ($346.08) $0.00 Total Tax Charge $0.00 Grand Total Due as of 10/10/2025 $0.00 Tax Billed at 2024 Rates for Tax Area 0915-0915 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 15.9560000* $88.25 AG-DRY FARM LAND S20,899 55,520 SCHOOL DIST RE9-AULT 33 1850000* $183.52 AG-WASTE LAND $11 $lt) NUNN FIRE 3.5410000 $19 58 Total $20,910 $5,530 AIMS JUNIOR COLLEGE 6.3050000 $34 86 HIGH PLAINS LIBRARY 3.1790000 $17 58 WEST GREELEY CONSERVATION D 0.4140000 52 29 Taxes Billed 2024 62.5 800000 $346.08 *Credit levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES PERSONAL PROPERTY, REAL PROPERTY,AND MOBILE HOMES-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS.PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. Weld County Treasurer's Office - 1400 N 17'"Avenue 1 or • PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. 12:12 " Signed � AR Date: t, 1400 N 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 O° ??0 '305973$$ O Pages: 1 of 2 �° 10/16/2028 10:53 AM R Fee:$43,0 Fee:$0.00 Carly Koppes, Clerk and Recorder :Jell County CO � � Off' �I {�1 � i lall., I,* Iii.,'4iiihiLrl�il4 II 111=:, ��00'Prepared By �oC� � - ��O A�. n), s Name: Y Se ti tir ,Bre�_O �O �O Address:�� / 3l c� (o #0FtANDUM N A . - �4 RECORDER'S �4 Statt ≤1 0 Zip C. i-: 3O2 ( )© AT THE TI Lp F RECORDING, �JO Ors•' r Recording Retu o O� THIS O (ENT WAS ILLEGIBL FOUND TO O�� #, Name:Name: ��a ��t/ i"CJx0 ��o� ��� O Address: y / K t o of ,.3 O O �� /V 44.4 * State: < Q p c o Zip Cods, $O6 41 g 4 Q4 Q4 ��� o,v Space Above This Line, ecorder's Use opb �+ , CQLQRADO�COLORADO-OAT CLAIM DEED �O� O� Do Q° <o �� �0° �� STATE OF 6) ORADO � Tz` `�Qtics' ��'l� c•�`^nr OQ� �Q� �Q� ((�,bG b b b o@ NOW ALL MEN B� ESE', PRESENTS,,,,4i, for and in conside of the sum of ' 2' 4 '%4 e ,, o ��3 ($ e ) in paid to Kc O �q 50A.. -{ SIP�/ rd residin ° /O��' County of al , City of a ,41,1i# CO (hereiniter known as the "Gr (s)e) hereby quitclto .ZTao..44 4-T-3 F604.7.- 4 �` O a 04 K e , re ' g at /.5 3/ C�#1 , County of , @° City of /1/4t n ,t State of C. O _ (hereinafter kn�,�i as the pb ® Grantees)") all the,r�Pits, title, interest, a im in or to the folio described real @O ��3 estate, situated i�� GS/P_ /D < County, Colorado ,4 it �� e O O O O lV2 , $2 11 —`l-6 Low 46 /t Xr if t x / 7- 0 1.2 6 �KR4 o�- OV) oQ5 O d C� @Op [INSERT LEGAL DESCRIPTION :Q► OR ATTACH AN:1. SERT] @Op c_cy0w A%* An% 4, To have and old, the same tog with all and singul �l: appurtenances Osj� thereunto ing or in anywise ac pertaining, and all th:I1: ate, right, title, inter, hen, equity and claim whatsoe ytt for the said first pa ither in law or equity z the 4 only `riper use, benefit and roof of the said sec , arty forever. 45 (9 *'%@ vO � ,,,„, �O +O o © o9 o o -' 2 � �O �JO �� O� Q Q� - - Q? - - .�� -. -- - QCs ?O QQ 5059738 , �o Pages: 2 of 2 coJ �Qo V 10/15/202S 10:53 AM R Fee:$43.00(�O)Fss:$0.00 e d O�� It^.7pes, Clerk and'llF ri1'ItiL i lmIc. fir_ ,, We vs t l ■l 11111c0 0O O 00 �� per. , ranter;sSignature f ntpr's Signature e'Se, . `6e//. 6 re �1 O63 G tor's Name Gtantor's Name , ..%.\-s-�/A.5 i c/ o e, q _ @.i? /aS3f �. ' 1O` - i9 I Address /O AO Address/Vit yr vs�t ,t o g o 6 of S 4/ 01--,1\1') O R q .:(-)' S) City, State3>Zip City, Stat Zip < }' (9 c9 �Q4 OQ� Q� Q� e do� do�� �op d4? -�OSTATE OF COI DO) e • O,„• # C0UTY:N Inge /C1 cS��o Off ) �� �� Q4 Q� Q� Q4 1,me undersigned, a Nota4'Public in and for said County, in said State lereby certify d c at Suss 1 2 .iczllc:L4, .+ 4 whOie names are signed4 the foregoing O @Q ,jd �O instrument, and wtio known to me, ack*V edged before me or 1hs day that, being 00 informed of the Qritents of the instrun t�jt they, executed the same voluntarily on th ;�3 #® day the same ars date. �� O'' #O" Given, der my hand this it. day of Oc4 , , 20 ZS .4 4 63 ( ;� KEENAN HALL( @ @ 0c? _ NOTARY PU G NOt�UbliC nC^ nd STATE OF CClI. DO 91 V 1j % NOTARY ID MY COMMISSION S DEC. 12, 2029 �>O •/•)><: \ O�O ® 'o't1y Commission E ^, IL/ rz/ZO ZQ O� # # 4 # &.'-- 4 # 4 �oQ �oQ �oQ �oQ /oQ e e .o�,d doQ c�o�� do4(-). (-st (c (-9 (9 oQ� oQ� Q4 Q� Q� e @o�d .o�,d @o�d do�� o�Q� ® o,>1O o4• o„,O o. >of 2 pop ,� 1 . DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue T Greeley, Colorado 80631 ' �1 Website: www.weldgov.com 1\04%, Email: mhall@weldgov.com Phone: one: (970) 400-3528 Fax: (970) 304-6498 co__ NTY September 11, 2017 Jason Brent 12531 County Road 104 Nunn, CO 80648 Subject: 4-Lot Recorded Exemption RECX17-0126 Parcel ID#: 0455-18-3-00-004 Dear Jason H. & Joelle Brent, The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an electronic draft(PDF) of your plat for review by the Department of Planning Services staff. Upon approval of the draft plat please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff.The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution.There is a$13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional pages are$10 each. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50 recording continuance charge shall be added for each additional 3 month period. Please contact me with any questions. Regards, 4.14-Z,Z74(i Michael Hall Planner I 1861 11 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW COUNTY, Applicant: Jason H. & Joelle Brent RECX17-0126 Planner: Michael Hall Legal Description: Being the N2S2 of Section 18, T9N, R66W of the 6th P.M., Weld County, CO Parcel ID #: 0455-18-3-00-004 Lot A Size: +/-6 acres Lot B Size: +/- 6 acres Lot C Size: +/- 6 acres Lot D Size: +/- 142 acres Lot A: Proposed Well Lot A: Proposed Septic Water Source: Lot B: Proposed Well Sewer System: Lot B: Proposed Septic Lot C: Proposed Well Lot C: Proposed Septic Lot D: Proposed Well Lot D: Proposed Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Onsite Wastewater Treatment System regulations. 2. The applicant has proposed a well as the source of adequate water for Lots A, B, C and D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. RECX17-0126 Page 1 of 6 3. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 4. Prior to recording the plat: A. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. B. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. C Lot D shall comply with the one-hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. D. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0455-18-03 RECX17-0126 B. A 30 foot wide joint access and utility easement extending across Lots A and B from County Road 27, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. C. A 30 foot wide joint access and utility easement extending across Lots C and D from County Road 27, for the benefit of Lots C and D, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. D. The applicant shall obtain an access permit from the Weld County Department of Public Works. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. E. County Road 27 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. This road is maintained by Weld County. F. County Road 25 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right- of-way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. G. Show and label the section line Right-of-Way as "CR 25 Section Line Right-of-way, not County maintained" RECX 17-0126 Page 2 of 6 H. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. All recorded easements and rights-of-way shall be delineated on the plat by book and page number or reception number. 6. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead or within a 25-foot radius of any plugged or abandoned oil and gas well. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) 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. 6) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 7) 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. 8) Prior to the release of building permits, the applicant snail submit evidence to the Department of Planning Services that Lots A, B, C and D have an adequate water supply of sufficient quality, quantity and dependability. 9) Potential purchasers should be aware that Lots A, B and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 10) 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. RECX17-0126 Page 3 of 6 11) 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. 12) The property owner shall control noxious weeds on the site. 13) The historical flow patterns and runoff amounts will be maintained on the site. 14) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 15) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 16) 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. 17) Potential Purchasers are hereby notified that a Major Facility of a Public Utility (24" gas pipeline) is permitted by USR-1183 and is located parallel to the east property line on the proposed Recorded Exemption lots. Off-site impacts that may be encountered include dust, noise and traffic from maintenance, trucks and other industry-related activities. 18) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 19) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. RECX17-0126 Page 4 of 6 Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic. sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 7. 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 applicart shall be responsible for paying the recording fee. 8. 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. RECX17-0126 Page 5 of 6 9. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. 10. 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. /4.,/,‘" By: Date: 09/11/2017 Michael Hall, Planner I RECX17-0126 Page 6 of 6 Hello