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Home My WebLink About20110276.tiff ly RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF COUNTY ROAD 43.5 RIGHT-OF-WAY- ROCKY'S AUTOS, INC./DAVID ROTHROCK 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 Board has been presented with a Road Petition from Rocky's Autos, Inc., do David Rothrock, 6350 North Federal Boulevard, Denver, Colorado 80221, and David Rothrock, 5675 County Road 43, P.O. Box 304, Hudson, Colorado 80642, a copy of said petition being attached hereto and included by reference, requesting vacation of a portion of right-of-way for County Road 43.5, being more fully described as follows: Sections 3 and 4, Township 1 North, and Section 34, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado, EXCEPT the south 30 feet thereof. WHEREAS, the County Attorney's Office and Departments of Public Works have recommended denial of said request since that portion of right-of-way may be needed for the safety and welfare of the traveling public in the future, and WHEREAS, any persons owning dedicated and recorded easements and rights-of-way for the use of the right-of-way to be vacated, if any, may continue such use after formal vacation by Weld County, and WHEREAS, the Board of County Commissioners heard testimony and reviewed all other evidence presented therein by staff and the public, and WHEREAS, the evidence showed that the vacation of that portion of right-of-way which is described above will not leave any land adjoining the roadway without an established public road or private access easement connecting the land with another established public road, and WHEREAS,the Board of County Commissioners deems it advisable to vacate said portion of road right-of-way, with said vacation to become effective upon recording of this Resolution, as required below, and upon the condition being fulfilled that the property owner submit a Deed of Dedication granting said right-of-way to Weld County, in order to allow the County to accept said Deed of Dedication at such time as the Board deems it necessary to reacquire the same for use by the public, and WHEREAS, the above-mentioned Deed of Dedication has been executed by the property owner and was recorded in the Office of the Weld County Clerk and Recorder on March 9, 2011, at Reception Number 3755118, with a copy of said recorded Deed of Dedication being attached hereto. I1111111111111111111111111111 III 1111111 III 1111111111111 3 5 \\ �`"`� � -/ 3757832 03/23/2011 11:16A Weld County, CO 2011-0276 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EG0043 PETITION TO VACATE A PORTION OF COUNTY ROAD 43.5 RIGHT-OF-WAY - ROCKY'S AUTOS, INC./DAVID ROTHROCK NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from Rocky's Auto's, Inc./David Rothrock be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the portion of right-of-way which is described above be, and hereby is, vacated, because the condition of said Deed of Dedication being recorded in the Office of the Weld County Clerk and Recorder has been satisfied. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to record this Resolution in the records of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of January, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WE • COUNTY, COLORADO ( 0 lis ATTEST: 4Weld 7 ) � arbara Kirkme er, Chair 7 y Count Clerk to th '9ry.. 4 I�+ �' ) - ((`` Fe A Sean . o way, Pro-Tem c BY: @h& /Ilerktoth oar ��'�� /� / Deputy Clerk to the =oar. • F. Garcia O FORM: David E. Long nty Attorney '``_ 0 At V Dough Radema er Date of signature: _Apia 11111111111111111111111111111 III 1111111 III 11111/iii /iii 3757832 03/23/2011 11:16A Weld County, CO 2011-0276 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EG0043 MEMORANDUM TO: Clerk to the Board DATE: January 4, 2011 WC. FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: Road Petition to Vacate WCR 43.5 North of WCR 12.5 approximately '/ mile The Weld County Public Works Department has received a copy of a road petition to vacate WCR 43.5 that adjoins WCR 12.5 at the southwest corner of the northeast 1/4 and extends north for ''A mile in Section 3, Township 1 North, Range 65 West of the 6`h P.M., Weld County, Colorado. David Rothrock/Rockies Auto, Inc. is petitioning to vacate the right-of-way, which provides access to the ranch only with no through traffic or access to adjacent properties owned by others. This roadway is a dead end road and used as a private lane for two dwellings currently vacant located at the end of the roadway and is possibly scheduled to be removed. The said roadway has become a nuisance as many individuals driving to the dead end trespassing on to private property and in an attempt to access the ponds located next to the roadway. Many visitors become confused and drive this roadway in an attempt to travel to the Hudson Correctional Facility causing unnecessary traffic and the disturbance for the adjacent property owners. In consulting with Mel Everhart, Grader Division Supervisor, and his staff, this section of road is being shown on the Highway User Tax Fund rolls as being open and maintained by Weld County. The Grader Division recommends this section of road is taken off the County Maintenance System, as it provides only access to a private driveway and does not land lock any adjacent parcels. Any existing utilities within the right-of-way must retain adequate access to serve or maintain their utility. Summary: Public Works recommends closing the road to public traffic, removing the status of maintenance, still retaining the right-of-way for the future, letting the applicant gate and maintain this section of road and right-of-way of the private drive and not vacate this 'A mile of road. M]PLANNING—DEVELOPMENT REVIEW\Correspondence\VacateWCR43 1-2.docx C .. .o �7 w 2011-0276 Esther Gesick From: Joe Racine [manager@hudsoncolorado.org] Sent: Thursday, January 20, 2011 3:03 PM To: Esther Gesick Cc: Jim Jones; r_fronczyk@msn.com Subject: proposed vacation This is in response to your notice of a proposed vacation of a portion of CR43.5, north of CR12.5, for Rocky's Autos, Inc. While the Town of Hudson has no objection to the vacation,we suggest that the County check the legal description. The description, as written, overlaps a small portion of former CR12.5 that was annexed into Hudson (Hudson Village Square 2 Annexation) and incorporated into the municipal street system. The description should specify that portion of the west 30 feet of the NE'/.of Section 3 lying north of the Hudson Town boundary, i.e. the north boundary of the former CR12.5. Please call if you have questions. Joe Racine Town Administrator (303) 536-9311 1 ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS DATE: i2-Z 3 r1 0 WELD COUNTY, COLORADO P.O. BOX 758 GREELEY, COLORADO 80632 FROM: (Petitioners): Name Property Sec. Tom. Ranee Rocky's Autos, Inc., Sec. 3, TIN, R65W and Sec. 34, T2N, R65W David Rothrock, Sec. 4, T1N, R65W We, the undersigned citizens and real property owners of Weld County, Colorado, hereby petition that the road right of way described herein for Weld County Road#43-1/2 (describe crossroads) T- intersection with Weld County Road #12-1/2 be declared abandoned and vacated by Weld County and hereby waive the ten day notice of hearing on this matter provided at least 48 hour verbal notice is given. This right of way is described as the one-half mile of CR #43-1/2 that adjoins CR#12-1/2 at the Southwest corner of the Northeast quarter of Section 3, T1N, R65W and extends north for one-half mile of the 6th PM Weld County, Colorado. Permission is requested to install County approved signs indicating "Road Closed" or"Private Drive," or "Gated Community" or "Limited Access," or"Do Not Enter," etc. at the south end of CR #43-1/2 where it adjoins CR#12-1/2. The properties and owners of said properties adjoining said right of way are as follows': 1. Rocky's Autos, Inc., David Rothrock, President, 6350 N. Federal Blvd., Denver, CO 80221 2. David Rothrock, 5675 Weld Cty. Road 43, PO Box 304, Hudson, CO 80642 Existing utilities, including but not limited to, oil and gas pipelines, sewer, gas, water, or similar pipelines and appurtenances, ditches or canals or appurtenances, and electric,telephone, and similar lines and appurtenances within the right-of-way or holding a recorded interest to use or cross this right-of-way are2: 1. Colorado Interstate Gas Company, Western Pipelines, P.O. Box 1087 Colorado Springs, CO 80944 This information shall be provided in the form of a certified list of the names,addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property(the surface estate)who owns one acre or more of land adjacent to the roadway.The source of such list shall be the records of the Weld County Assessor,or an ownership update from a title or abstract company or attorney,derived from such records or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor,the applicant shall certify that such list was assembled within thirty (30 days of the petition submission date. 2This information may be found by utility locates,title research,review of utility permits issued by the Department of Public Works and site investigation. I 2. Associated Natural Gas, Inc., 370 17th Street, Suite 900, Denver, Colorado 80202. 3. Public Service Company of Colorado, 550 15th St., Denver, Colorado 80202. 4. Western Gas Supply Company, 4200 S. County Rd. 15h, Loveland, CO 80537 5. Panhandle Eastern Pipeline Company, P.O. Box 127, Brighton, Colorado 80501, 6. United Power, 500 Cooperative Way, Brighton, CO 80603, (303) 654-0111 or(303) 659-0551 7. Qwest, P.O. Box 173754, Denver, CO 80217, (800) 526-3557 8. The Farmers Reservoir& Irrigation Co., 80 S 27th Ave., Brighton, Colorado 80601-2602 9. Noble Energy Inc., 1625 Broadway Ste. 2000, Denver 80202 As support for this Petition, Petitioners state that the right-of-way is currently being maintained by the County, but by abandoning and vacating said roadway would release Weld County from further maintenance of said right-of-way; that no part is within a City or Town or another County other than the County of Weld; that the right-of-way is not used by the public for and travel, ingress or egress; that vacation of the right-of-way will not leave any land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road. As further support for this petition, Petitioners state that said roadway is a dead-end road and used as a private driveway to two dwellings currently vacant, located at the end of the roadway and possibly scheduled to be removed; there are no utilities located under the roadway with the exception of a gas line underground which, upon information and belief, is currently operated by Noble Energy, Inc. which crosses the roadway, and there are currently above ground electrical lines and access will be provided for any maintenance and repair; the electrical lines terminate at the two dwellings and serve no other consumers; there has been extensive vandalism to the adjacent properties and several police reports made of stolen copper wiring from a pivot located adjacent to the roadway; that said roadway has become a nuisance as many individuals drive to the dead-end, trespass onto private property and attempt to access the ponds located proximate to the roadway; since the construction of the nearby Hudson Correctional Facility many visitors become confused and drive up the roadway in an attempt to travel to the Hudson Correctional Facility causing unnecessary traffic and disturbance for the adjacent property owners. Additionally, Petitioners agree that if the County requires the reestablishment of this roadway, Petitioners will give the roadway back to the County without fee or compensation for same. Further, Petitioners agree to pay costs of providing notice including publication and recording of the resolution. SPECIAL PROVISIONS3: As witness, our signatures hereunto annexed and followed by our address this_day of , 20 Si natures1;"4414924"11.4"" Pt"' gleasit ' A405 DM II 6350 N. Federal Blvd., Denver, CO 80221 Rocky's Autos, Inc.; by: David othrock, President 3This could include a means of substituting a right-of-way in another location such as:Petitioners agree to dedicate or otherwise convey,in a form acceptable to the Board,a 60'right-of-way as shown on the attached map and to provide any necessary surveys or legal descriptions to describe the right-of-way so conveyed. 2 las-ZC4Pket4,4 5675 Weld Cty. Road 43, PO Box 304, Hudson, David Rothrock, individually CO 80642 • ' Page 2 R65W c.. r l 1. r I 1 Cr' y" d ° . s , a I t;f.� Po y r C, 6945 ..:- _ oil ( ,r G/111 rtl ✓/ I II I I. Oil �'. I J��S � {W95kF "— ._ `' ell'• / .. �\ oil JI, <�.. /� 7712: \, al APPROXIMATE BOUNDARY 5 D B a � W. p `, \ )�'`• IW�"� Jell - !1-4 a ! wen �! rj v IV 1 _ r 4:MI Yom- 146 NYC I�—f 669J6 / 9]01 x�y ,�1 6984 - C 11 TIN I ( Oil No 6 .✓r - _. _ � Welle 1 •` _ ( < [ „"-wen `I 4956 � 49241 D_ I Y •/ ��Sewage 49tH ' q __ ._�sz 13 P¢ntls I I � 7� I Id Ol i I/ I Well o well - t. , Oil I Mw t Uew — QP¢Ru Wells 1} \•� 4 .11/ •I ,� I- �,--:---4°° I hwac 92B I /f r ` .i f , \ / I .,,,ii I ,, r , 1 . l 1 �� I .\ /. 1� Hudson _. 151`¢11 e` I 1 ` IeM IBM Sl10�) 1 ' 1". t JH.4.. 2 Ip � I ' i/V I l Y " • I llt .�' 1 x Wells / 1 gery �' f ..� 1 IE i s Approximate location of Rocky's Autos, Inc. Property O 3 asApproximate location of Rothrock Properties O N S Rocky's Autos, Inc. and Rothrock Properties w LEONARD RICE CONSULTING WATER ENGINEERS, INC. Location Map - Figure 1 9 2000 Cloy Street, Suite 300 Denver, Colorado 80211-5119 \ PROJECT NO.1083R0001 I APPROXIMATE SCALE I'-3600' / " (303) 455-9589 + FAX (303) 455-0115 AFFIDAVIT I, David J. Rothrock, of 5675 Weld County Road 43, P.O. Box 304, Hudson, Colorado 80642, do hereby, after being duly sworn, state under oath: 1. That I am domiciled in Weld County, State of Colorado, at the above referenced address. 2. That I am President of Rocky's Autos, Inc., 6350 N. Federal Blvd., Denver, Colorado 80221. 3. That all properties adjacent to said requested road vacation (Weld County Road #43-1/2) are owned by Rocky's Autos, Inc. 4. That said road is not currently regularly used for public or private uses. 5. That formerly the roadway was privately used as a driveway to vacant buildings which are possibly scheduled to be removed. 6. That there are no utilities located under the roadway there are no utilities located under the roadway with the exception of a gas line underground which, upon information and belief, is currently operated by Noble Energy, Inc. which crosses the roadway, and there are currently above ground electrical lines and access will be provided for any maintenance and repair. The electrical lines terminate at the two dwellings and serve no other consumers. 7. That recently, copper wiring from a pivot located adjacent to the roadway was stolen as reported to the local police, and the open roadway and vacant land and structures are attracting people to illegally trespass on the property. 8. That said roadway has become a nuisance as many individuals drive to the dead-end, trespass onto private property and attempt to access the ponds located proximate to the roadway. 9. That since the construction of the nearby Hudson Correctional Facility many visitors become confused and drive up the roadway in an attempt to travel to the penitentiary causing unnecessary traffic and disturbance for the adjacent property owners. 10. That vacating the subject roadway will alleviate the above detailed problems and allow for a fence and signage to deter any other travel along the roadway and trespassing on the private property. 11. That if the County determines that the roadway is necessary for any County purposes or otherwise determines that the roadway should be re-established, I agree that the County may take back the vacated roadway without compensation to me or a formal application process. calk; P4:63k PA A 4 g --ve David J. President Rocky's Autos, Inc. k2 -`t,3- 10 Date 1 ACKNOWLEDGEMENT STATE OF COLORADO ) ss COUNTY OF 4441 s ) The above Affidavit was signed in my presence and duly acknowledged by David J. Rothrock, on the 1.75 day of /2 , 2010. Witness my hand and official seal. My commission expires: y /[SEAL] �/ L O kOTAR NgVq�F �' `9 �' ��VP.tY •• Lary Public 140E COLipt /� 'My Commission ExpiresW / 2 The Law Offices of Littleton Law Firm with ATTORNEYS AT LAW MILLER & STEIERT, P.C. Statewide Practice Martin P. Miller(1923-2007) A Professional Corporation V;r(._(,j e i2 UyN T Y Estate Planning Michael P. Miller Established in 'E Commercial Kathryn E. Miller 1959 Real Estate Robert M. Steiert Lu 1 .j�i!l —3 A 10 �t U Criminal Walter M. Kelly 11 Family Law Gary M. Clexton . Employment Benjamin E.Currier December 30, 2010 J Mediation Mollie B.Hawes Personal Injury Probate Scott M. Kleger,Of Counsel Weld County Board of Commissioners David Long, District 1 Douglas Rademacher, District 2, Chair Barbara Kirkmeyer, District 3 Sean Conway, At-Large William"Bill" Garcia, At-Large 915 Tenth Street; P. O. Box 758 Greeley, CO 80632 RE: Road Petition Vacation Weld County Road#43-1/2 Dear Sirs Enclosed, please find the above referenced road petition. As stated in said petition, the major reasons this request is being made before the Board are as follows: • Said roadway is a dead-end road that was initially used as a private driveway; • Buildings located at end of said road are vacant and currently planned to be removed; • There are no utilities under the roadway except a gas line which crosses and the above ground electrical lines which terminate at the dwellings; • There has been extensive vandalism and several police reports have been lodged of stolen copper wiring and other significant items; • Said roadway is confusing to individuals driving to the nearby penitentiary who accidentally take the subject road in their attempt to reach the penitentiary; • All adjacent properties are owned by Rocky's Autos, as noted in #3 of the enclosed Affidavit. Do note in said petition that if the County requires the re-establishment of the roadway, the Petitioners will give the roadway back to the County without fee or compensation. Please contact me and advise of the scheduled hearing date and time. Thank you. Yours very truly ill 71° Ib';/7"-- Michael P. Miller, Esq. Corporate Counsel, Rocky's Autos, Inc. :Imm Enclosures MILLER & STEIERT, P.C. • 1901 West Littleton Blvd., Suite 100 • Littleton, Colorado 80120-2058 (303) 798-2525 • Fax: (303) 798-2526 www.m-s-lawyers.com a. N. 1 7 I , l rN. „...../ / / 14 / . 44 U D SO k) • \ . • • . pi , r, . i , tars li .'i •Fy P .ice•-•"'- 1 * 1 RL;— dt - . tir • V I Re• . : - ett IrcCii . { : 1_ . Q ---� '.-�l V) 7-..... ,-t e: Ar A Vtic t .. ♦� ` * ' { i .a. 6• • Ir •- - - - I DP& I P may, - • % o-- f e•-• u Roc K. �} R�r 4 �"� ' ��zcK Y suTGS R..e�ct< Y5 AG( Roc .. • II :ler AI 44 6 � �', a = = = = = = = M of = IIIIa fa S fit S MI I. al or u . r•n to • •• :a... .. ♦ • ., Al r. 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Al con w o N _ N hi 0 Ch ,ft \ � p N r •� O O t 'N `?`, Si I I it ; • a *�e. ._ \I� �_ � . 6 ii- 3� '� is + L E --- " i — r�-p 10-0.1 9 + • S 1 • \al �� S` Se �1 C ti • - \ i]� ^S 1. >t S4a Set g \l I 0i-S 0l•S LCC .._ ___ —p-211174yr • ,-,,, ;77? —1 L' Q �' i• It- -, ni je 4.41 .• . W. ! • - tO it IFNI° -- roW• to a ID 1J1 t'1 O Co. Rd. 43.5 100/597 see County Clerk and Recorder Book 83 page 94 7/11/1914 Petition to open road' Com- mencing SW corner Sec 34 T 2 R 65; East }mile; South } mile. Granted: declared public see Book 14 page 170 highway. 4; • ► _ A� r`: • �_,, a •re�Ci► i • tr II y x: R6SW U N T :Y • • i 41 43 45 _.— . /Wan ie 7/597 g-0 T. R. Schenck Road Copy ISIOTICTE of the Opt$ingof P Road Eead-1[e. MV Notice is hereby given that the County Commissioners of the County of Weld will, in sixty days from— A � Seth. 1914 , 190 , direct the proper officer to open and work, as a public highway, the road prayed for in a petition filed at the office of said Commissioners on the st1t day of Jae , A. D.1151_; said road being described as follows, to-wit: Beginning at The South-west corner of eeotion 34. Township 2 Hoxth of Range 66. running Nast to the South quarter oornor of risottos 3t: thence south e1o%g )+glt weotien line to The Port Imptos-HuAeom Road. through Getter of Seotion 6. Township 1 North of Range 66 West. And the said Commissioners do hereby declare the said line to be a public highway from and after said sixty days. Dated this nth day of Jaly , A. D. — By order of the Board. J. N. saooK. taerk of Board. By Deputy. J0%77 2--7 { . TS ?4 Q bo ' O O 0 id A C art It W id gi to O o ng 44 4) +3 cri OPI la m d Al m 4 V) P4 0 Fl eri m F! rd • H +3 iz1 i a • O s+ O • _ H PI A ri p k • 13 m O o P o m O OD do q og O O O VI be 54 • OJ m i ud A M I3 4 i I T. R. Sohenok Road OFFICE OF BOARD OF COUNTY COMMISSIONERS. WELD COUNTY, COLORADO. Copy .bw.ct,...._July-..11th. .1914. t Hudson, Colorado. ttAlls ?wctsttd. iijwa . 2 qoy,c4. 4 "Ctdticc 4 - Nihs;wwXwwwX 4 sad \.1;cwc\t', s c9n, 'Qsa M.Ukr )'?L,co. s ?sot Qi at v4 t.sut ).?tavwkt ato9 Vro. ),ii'ta ,stcd tcwc 4 'awed Vo.s. enw dctcacd, cv aC.C.V do. tt vri ay. vaiA, 4t.A. sand 4 IC4IGAMArket ctiOW MiL4t'viN.VW 4 \Z IM 4 ., bwa&c &fAh li‘tt> ,W. \asa wat yLcatt, atkvwd to Vonet 1iotivd tict�cek�a��v�, d..-E.✓L 9----- ---------- -Clerk of Board, By • ,ae---"tee",/ Deputy. /a%y7 P- S' LOAD PLTlT[Os.—Pryrbad for sale by The Out Weer Printing end Stationery r"uny,Colorado Springs,Cola , . ROAD PETITION. - To the Honorable Board of County Commissioners of Weld County, Colorado: Centlemen: We, the undersigned,Citizens and Freeholders of your County, residing within two(.g)miles of the road herein sought to be laid out,respectfully represent that the necessities of the public require a County wagon road to be laid out as follows, to-wit: Commencing at Y,n. V5. !.-aiiV ..1-Z_ -41,,,„......dp.... . yLits,..:, i ,,,,y4 A. t0,an c., < .yfce -� d- -✓ C . ,S. a t-t._ / 27/f G e-. Lti, • 71 -!7?65^ �' aiditc to t less titan ISf�ett in width. .QK31,e e ore pert you h=rAM .body to"caws a to be id out and opened aIQ:A. 3 road as above des., - and we, the owners of the land through which said road is sought to be laid out, in consideration of the sum of one dollar to us each and severally in hand paid by the said County of Weld, the receipt of which is hereby acknowledged, and of the laying out and opening of said road, hereby agree to give the right of way through our lands as shown by the plat accompanying this petition, and relinquish all claims for damage by reason thereof. /00/57,7, 8 5/ 8-3 The said proposed line of road is more fully shown by the following snap or plat, to which reference is herein made, the same being in TOWNSHIP.. NORTH RANGE WEST 36 31 32 33 34 35 36 31 • 1 6 5 4 3 2 1 6 I s.. 12 I 7 8 1 4 1.0 11 12 7 13 18 17 10 15 14 19 18 24 19 20 21 22 23 94 19 25 30 29 28 27 20 25 80 36 31 32 I 33 34 — 8Iche6 iral aY.t.ee/of 4--,i..-.A. 4 2 1 6 1 As witness our signatures hereunto annexed,and followed by a description of our land, this day of 19__... SIGNATURES. PROPERTY OWNED. Su.Dnenxor. ssc. The. Rats• k£7-i � 7 a i ' to s---- 4, _4. ✓ e e , t3 027? 6� e-i4007 - .... -� .ti I J /7z, 6.1- /' � �e / I�e ,�,��7 VT?or JQ / I 6s . gir"Q- 91/ D'A Wir( 33 2 C ..&- �iie na,��? _D �2-A. , 1 ; e s( , a n /0 / ,s aj� - .o / 'dc-7 of ,� i`f O / Al- i', 7--, vc,w. 4e ,, 9 / 6`5 • -----_ _ f pi___ , I j I , i • / ,. I /Pr/4--z? , g•a , I s . !/ . . ..• r . » . \ ? S » • . | | ` : t 4 | I | k k | .1 , , z | !! $ ■ / 2 �s gi," ( / : f ' � ! t Di / / \ { 2leat - | � k ` •] -2 le ~ a . 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I lw IS h s 3i I i . 1 $ 22 4'!1 54 : �` .�_.. - _.�._' _ _.r.___ - _.. _ .^ ___ . .,..• w.' t ;d' .7 r7 32$ _ —_ _ r_._ I . `316— I I 3 ! Y h: 0 m 1 vt. 1 1 - �� t 'a � i. �� S I � 1 T) ' t,14J • a , 1 <. . � • aats VA\ • II i k : • tot I - r�A rr + `; CK' 4;£'� 9 f + f'.p rh.r, p' as I �- b I }t=.a. nr�,,,�--��---...,... +Li iT�l i r 1-'99w l .A...t 9. i in 5 Y r `( I -- V - ��7 ___' • 't . _ • 1 to Rv A. '-0- _ w =Y: NOTICE Pursuant to Section 43-2-303, C.R.S., and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado,during its regular Board meeting. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley 80631, Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file,please send a copy to egesick@co.weld.co.us. DATE: January 24, 2011 TIME: 9:00 a.m. APPLICANT: Rocky's Autos, Inc. David Rothrock 6350 North Federal Boulevard 5675 County Road 43 Denver, Colorado 80221 P.O. Box 304 Hudson, Colorado 80642 REQUEST: Petition to Vacate a portion of County Road 43.5 right-of-way extending north from County Road 12.5 for one-half mile,subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: The west 30 feet of the NE1/4 and the east 30 feet of the NW1/4 of Section 3, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January 12, 2011 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 12th day of January, 2011. ROCKY'S AUTOS INC 6350 N FEDERAL BLVD DENVER CO 80221 DAVID ROTHROCK 5675 COUNTY ROAD 43 PO BOX 304 HUDSON CO 80642 TOWN OF HUDSON 557 ASH PO BOX 351 HUDSON CO 80642 Gam[ , CL• , Deputy Clerk to the Board - ,.. afeCtiftilt igir - . 'ant 0,i rat " ...._ st: -r 40 1 ,x. -_ ' `-'If`' •� T.a ,. µ 1r.- • • .2 � r. r• .+11 t- Z• * iii It, Ile -I t ‘ • .. le $ a yyy it 4 •••.r , - • -,-_-,,,.....,..r. .,4: v. :iaamb-1•010. !6.1 .4,c A' ' • S.' :..„kn.'. . ip iii, f 44 ._ , • • „. . ,,....,... „......•.. ... ..... , , , 4, , . _ _ .lt it. ni.' .1.• % •L . 11/41. , .0.: es. . 1 y eislasasawc--.2. _..,H, -:-. ---,wrap .,; •4 'Mg lac it sits • 9. S ‘ j afi IE. 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ILL �.; unhc,�,i Littleton Law Firm with ATTORNEYS AT LAW Statewide Practice Mu.l.ER & Srr:uR P.C. Martin P.Miller(1923-2007) it''fr ""^d r."P " �� Estate Planning Michael P.Miller r ',F,t.'r,!ii, Commercial Kathryn E.Miller 11 s't Real Estate Robert M.Steiert, Of Counsel Criminal Walter M.Kelly II Family Law Gary M.Clexton March 8, 2011 Employment Benjamin E.Currier Mediation Mollie B.Hawes Personal Injury Probate Scott M.Kieger,Of Counsel Weld County Board of Commissioners Barbara Kirkmeyer,Chair Douglas Rademacher Sean Conway, Pro-Tern David E. Long William "Bill"Garcia 915 Tenth Street; P. O. Box 758 Greeley, CO 80632 RE:Road Petition - Vacation Weld County Road#43-1/2 Dear Commissioners: I thank you for the courtesies presented to us during our hearing on the road abandonment filed on behalf of Rocky's Autos, Inc.,which was heard before this Board on January 24, 2011. As always, I further thank the Clerk to the Board of County Commissioners, Ms. Elizabeth Strong, for the assistance and professionalism she has shown throughout this process. I am happy to say that we have now completed the Deed of Dedication, which has been signed by Mr.David Rothrock, President of Rocky's Autos so that a reconveyance of the abandoned road can be effectuated in the future if the County so desires. It is my understanding that this Deed of Dedication will be held in abeyance and not accepted by the Board of County Commissioners or their designee, unless and until the County deems the prior abandonment needs to be reversed due to future growth, future demands or future development. We would ask that the Commission provide Rocky's Autos,Inc. (or any future owner) ninety(90) days notice of an intent to accept this Deed of Dedication so that appropriate planning may occur. Again, I thank you for your help in resolving this abandonment issue. If this does not conform to your understanding of our proffer to the Board regarding reconveyance,please feel free to have Mr. Barker contact me at 303-798-2525. Sincerely yours, MILLER& STEIERT,P.C. t If Michael P. Miller,General Counsel for Rocky's Autos, Inc. MILLER & STEIERT,P.C. • 1901 West Littleton Blvd.,Suite 100 • Littleton,Colorado 80120-2058 (303) 798-2525 • Fax: (303) 798-2526 www.m-s-lawyers.com Vi‘gis DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that RocIcy's Autos,Inc.,whose address is 6350 North Federal Blvd, Denver,Colorado, 80221,being all of the owners of certain property in Weld County,Colorado,which is described in the attached Exhibit"A",do hereby dedicate forever said property as parts of a public highway,pursuant to Colorado Revised Statute 43-2-201(1)(a),free and clear of all liens and encumbrances,except existing easements, and warrants title to the same. Said dedication becomes effective upon such time if and when the Weld County Board of County Commissioners accepts said dedication. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil,gas and any and all water rights currently attached or associated with the Right of Way. 111111111111 113 11111 1111 1111111// III 1111111111111 ROCKY'S AUTOS,INC. 3766118 03/09/2011 04.20P Weld County, CO 1 of 2 R 16.00 D 0.00 Steve Moreno Clerk&Recorder By:^ David Rothrock,President STATE OF COLORADO )ss. COUNTY OF/Ida/1f 5 ) 8 The foregoing instrument was ackno before me this day of March,2011,by David Rothrock,President,of Rocky's Autos,Inc. �\cE NAV4 v./f.,OT.ARY'•.O Witness my hand and official (\.\�},'•, PU talc, otary Publ. My commission expires:/j OF cO s) ;nmmission Expires ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above dedication of property as Public Rights-of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(I)(a). Dated this day of ,20 ATTEST: COUNTY OF WELD,A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONER OF STATE OF COLORADO THE COUNTY OF WELD BY: BY: Deputy Clerk to the Board Barbara Kirkmeyer,Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of ,20_,by Barbara Kirkmeyer,Chair, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Public My commission expires: Page 1 of 1 1 1111111111111111111111 Ell IIIIII 10111 III 11111 Iill VIII 3755118 03/09/2011 04:20P Weld County, CO 2 of 2 R 16.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A A strip of land sixty feet in width and located in the North One-Half of Section 3,Township 1 North, Range 65 West of the Sixth Principal Meridian, Weld County,Colorado and described as follows: The East 30.00 feet of the Northwest One-Quarter of said section 3,except the southerly 30.00 feet thereof, And The West 30.00 feet of the Northeast One-Quarter of said section 3,except the southerly 30.00 feet thereof. Hello