HomeMy WebLinkAbout20111441 RESOLUTION
RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF COUNTY
ROAD 126 - RAWAH RESOURCES, 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 Board has been presented with a Road Petition from RAWAH
Resources, LLC, 2725 Rocky Mountain Avenue, Suite 400, Loveland, Colorado 80538, a copy
of said petition being attached hereto and included by reference, requesting vacation of a
portion of right-of-way for County Road 126, between County Roads 25 and 27, being more fully
described as follows:
The 60-foot wide public road right-of-way described
in Book 83, Page 223, of the records of Weld
County Colorado, located within Section 19,
Township 11 North, Range 66 West of the 6th P.M.,
Weld County, Colorado.
WHEREAS, the Board has been presented with a document titled Right of Way Vacation
Description Weld County Road 126, a copy of said document being attached hereto and
included by reference, from TST Consulting Engineers, Inc., on behalf of RAWAH Resources,
and which contains a metes and bounds description of the portion of the right-of-way of County
Road 126 to be vacated.
WHEREAS, the County Attorney's Office and Departments of Public Works have
recommended approval of said request since that portion of right-of-way is not needed for the
safety and welfare of the traveling public, and the Niobrara Energy Park PUD Change of Zone
Plat will dedicate right-of-way for Weld County Road 126, 60 feet wide, centered approximately
on the existing roadway, and
WHEREAS, the petitioner and other adjacent property owners were provided written
notice of this hearing, 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
IIIIII NII 13/41111 iIII III IR IIII HI
378133
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2011-1441
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RIGHT OF WAY VACATION DESCRIPTION
WELD COUNTY ROAD 126
THAT PORTION OF WELD COUNTY ROAD 126 DESCRIBED IN DOCUMENT
RECORDED IN BOOK 83 AT PAGE 223 LOCATED WITHIN SECTION 19, TOWNSHIP
11 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, THE CENTERLINE
OF WHICH IS APPROXIMATELY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE
NORTH 00°01'24" WEST, ALONG THE WEST LINE OF SAID SECTION 19, A
DISTANCE OF 555.94 FEET TO THE POINT OF BEGINNING;
THENCE THE FOLLOWING 9 COURSES ALONG THE CENTERLINE OF SAID RIGHT
OF WAY:
1. THENCE SOUTH 59°54'47" EAST, A DISTANCE OF 444.50 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT;
2. THENCE 445.34 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT
HAVING A RADIUS OF 1146.79 FEET, A CENTRAL ANGLE OF 22°15'00", AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 71°02'17" EAST,
A DISTANCE OF 442.55 FEET;
3. THENCE SOUTH 82°09'47" EAST, A DISTANCE OF 1232.20 FEET TO THE
BEGINNING OF TANGENT CURVE TO THE LEFT;
4. THENCE 353.22 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT
HAVING A RADIUS OF 2857.14 FEET, A CENTRAL ANGLE OF 7°05'00", AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 85°42'17" EAST,
A DISTANCE OF 353.00 FEET;
5. THENCE SOUTH 89°14'47" EAST, A DISTANCE OF 602.60 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT;
6. THENCE 326.60 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT
HAVING A RADIUS OF 573.39 FEET, A CENTRAL ANGLE OF 32°38'07", AND
BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 74°26'10" EAST,
A DISTANCE OF 322.20 FEET TO THE BEGINNING OF A REVERSE CURVE
TO THE RIGHT;
7. THENCE 354.40 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT
HAVING A RADIUS OF 325.73 FEET, A CENTRAL ANGLE OF 62°20'18", AND
BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89°17'15" EAST,
A DISTANCE OF 337.18 FEET TO THE BEGINNING OF A REVERSE CURVE
TO THE LEFT;
8. THENCE 383.20 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT
HAVING A RADIUS OF 787.40 FEET, A CENTRAL ANGLE OF 27°53'02", AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 73°29'07" EAST,
A DISTANCE OF 379.43 FEET;
9. THENCE SOUTH 89°14'47" EAST, A DISTANCE OF 1246.50 FEET TO THE
EAST LINE OF SAID SECTION 19, SAID POINT BEING THE POINT OF
TERMINATION.
SAID PARCEL CONTAINS 262,022 SQUARE FEET, 0.60 ACRES, MORE OR
LESS, BASED UPON THE ABOVE DESCRIPTION.
1111111111111111111111111111111111111111111111111111111
3781336 07/21/2011 02:50P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
THE RIGHT-OF-WAY GRANTED BY DOCUMENT RECORDED IN BOOK 83 AT PAGE
223 CONTAINS MATHEMATICS AND SECOND CALLS WHICH ALLOW FOR A
LARGE DEGREE OF VARIATION. THE RIGHT OF WAY HAS BEEN REDEDICATED
IN A SPECIFIC LOCATION ON THE NIOBRARA CHANGE OF ZONE PLAT BASED
UPON THE LOCATION OF THE EXISTING ROADWAY.
BASIS OF BEARINGS:
CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION
19, TOWNSHIP 11 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN
TO HAVE A GEODETIC BEARING (BASED ON GPS OBSERVATIONS) OF NORTH
89°12'09" WEST, WITH ALL OTHER BEARINGS RELATIVE THERETO. SAID LINE IS
MONUMENTED AT THE SOUTHWEST CORNER OF SAID SECTION 19 BY A FOUND
NO. 6 REBAR WITH ALUMINUM CAP, L.S. 31169 AND AT THE SOUTH 1/4 CORNER
BY A FOUND NO. 6 REBAR WITH A 2 h/2 ALUMINUM CAP, L.S. 31169 IN A
MONUMENT BOX.
(4,(//ieCt' . d,Gr W23/ C(i
LAINE A. LANDAU
COLORADO PLS 3115
FOR AND ON BEHALF OF TST, Inc. Consulting Engineers
760 WHALERS WAY, SUITE 200
FORT COLLINS, CO 80525
I Int 11111 11111 11111111311111
weld county, Co
3781336 0712112011 02.50P
3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
PETITION TO VACATE RIGHT-OF-WAY - RAWAH RESOURCES, LLC
PAGE 2
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 as required
below.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Road Petition from RAWAH Resources, LLC 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.
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 13th day of June, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EL..•
ATTEST: '� � �� J � ( �c��Crt c4, "/'tc<ir t.
r tM -Barbara Kirkmeyer, Chair
�. � 1♦
Weld County Clerk to ��-�� �'�' ti O tV
c Sea l:rrtyvay, Pro-Tem
BY:
Deputy Clerk to the Boat y
Wil4r7,
APPROVED AS TO FORM: Y
nn vid E. Long VVVV/� /
n ty ttor 111 yu ) c an teGanc,ftV.
Douglas Fademache
Date of signature: 7,1/9/2/
111111111111 lit IIIII
3781336 07/21/2011
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2011-1441
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Kit MEMORANDUM
WIDc TO: Clerk to the Board DATE: May 20, 2011
COLORADO FROM: Donald Carroll, Engineering Administrator O
SUBJECT: Agenda Item
Please submit this enclosed item for the Board'sffvfay-2-54-11 agenda:
Road Petition for Vacation and Dedication of Weld County Right-of-Way,Weld County
Road 126 between Weld County Road 25 and Weld County Road 27, adjacent to the
Niobrara Energy Park PUD.
The appropriate documentation is attached.
Enclosures
pc Leon Sievers, PLS, SR/WA
Planning Staff
M:\Franeie\AgendaDonCarroll doc
2011-1441
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS ) DATE: • •
-"`
WELD COUNTY,COLORADO )
P.O.BOX 758 ) •
GREELEY,COLORADO 80632
FROM: (Petitioners) •• ,
Name PROPERTY SEC. Tr. RANGE
RAWAH Resources,LLC Section 19,Township 11 North,Range 66
West
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 126 between Weld
County Road 27 and Weld County Road 25 be declared abandoned and vacated by Weld County.
This right of way is described as:
That portion of WCR 126 described in Book 83, Page 223 of the Weld County, CO records
located within Section 19,Township 11 North, Range 66 West, of the 6th Principal Meridian,
Weld County,Colorado.
The properties and owners of said properties adjoining said right of way are as follows':
I.RAWAH Resources,LLC 2725 Rocky Mtn Ave Suite 900 Loveland,CO 80538 Parcel 020319000003
2.Ruff,Kenneth Duane and Sekora,Joan D 12350 WCR 126 Carr,CO 80612 Parcel 9020330000012
3. Duran,Louis 316 E.Allison Rd Cheyenne,WY 82007 Parcel 9020330100013
4. PVREA,Property Tax Dept P.O.Box 2725500 Fort Collins,CO 80527 Parcel 9020330100010
Existing utilities, including but not limited to,oil and gas pipelines, sewer, gas,water,or
similar pipelines and appurtenances,ditches or canals and 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:
There is existing telephone cable(Nunn Telephone Company)located along the south side of
the existing roadway and along the south fenceline along WCR 126. This telephone cable is
said to be located south of the section line,or within private easements.Said telephone line
is not reported to be within the portion of the right-of-way being vacated.
There is existing overhead electric (Poudre Valley REA) located along WCR 126 but is not
located within the right-of-way and it is located within its own 20'easement.
'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.
This information may be found by utility locates,title research,review of utility permits issued by the Department of
Public Works and site investigation.
As support for this petition,Petitioners state that the right of way has not been constructed
nor maintained by Weld County;that no part is within a City or Town or a County other than the
County of Weld,that no portion of the right of way is shown as part of an approved or recorded
subdivision plat, map, or unincorporated community legally filed prior to any regulations
controlling subdivisions;that the right of way is not used by the public;that vacation of the right of
way will not leave any land adjoining said roadway land adjoining said roadway without an
established public road or private-access easement connecting said land with another established
public road.
Petitioners agree that they will permit any persons owning dedicated and recorded
easements and rights-of-way for the use of the right of way to continue such use after formal
vacation by Weld County. Further, Petitioners agree to pay costs of providing notice including
publication,and recording of the resolution.
Special Provisions':
The existing right-of-way was granted by petition in 1913 and the original mathematics in the
petition allow for a large degree of uncertainty.It is in the public's best interest to vacate the
road right-of-way and rededicate it in a specific location based upon the location of the
existing roadway.
The Niobrara Energy Park PUD Change of Zone Plat will dedicate right-of-way for Weld
County Road 126,60'wide,centered approximately on the existing roadway.
IC?As witness,our signatures hereunto annexed and followed by our address this l day of
Kum ,2.0,11 .
SIGNATURES ADDRESS
Rc.dacar ae.s S LLC-
2"1 LS I at./ Mkc-t Ava `(ac
Lovai .,ncj do Bor- g
SUBSCRIBED AND SWORN to by Cve before me this tP-K
day of Ma� , 71. 11 •
WITNESS my hand and official seal. .tai`_...`. t4•Notary Public Z•
My commission expires: 1/ ziv J dc4
s . �xu. P6
7• OQ
4tE of GO1'
This 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.
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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: June 13, 2011
TIME: 9:00 a.m.
APPLICANT:
RAWAH Resources, LLC
2725 Rocky Mountain Avenue, Suite 400
Loveland, Colorado 80538
REQUEST: Petition to vacate a portion of County Road 126 between County Roads 25 and 27,
subject to dedicated and recorded easements and rights-of-way
LEGAL DESCRIPTION: The 60-foot wide public road right-of-way described in Book 83,
Page 223, of the records of Weld County, Colorado, located within Section 19, Township 11
North, Range 66 West of the 6th P.M., Weld County Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 27, 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 27th day of May, 2011.
RAWAH RESOURCES, LLC
STE 400
2725 ROCKY MOUNTAIN AVE
LOVELAND CO 80538
KENNETH RUFF AND JOAN SEKORA
12350 COUNTY ROAD 126
CARR CO 80612
LOUIS AND DOLORES DURAN
316 E ALLISON RD
CHEYENNE WY 82007
POUDRE VALLEY RURAL ELECTRIC
ASSOCIATION
PROPERTY TAX DEPARTMENT
PO BOX 272550
FORT COLLINS CO 80527
Deputy Clerk to the Board
Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0090786 Parcel#: 020319000003
Tax Area: 0915 Bordering County:
Acres: 634.96
Township Range Section Ouart. Sec. Subdivison Name Block# Lot#
11 -66 - 19 - 0 - -
Owners Name&Address: Property Address:
RAWAH RESOURCES LLC Street:
2725 ROCKY MOUNTAIN AVENUE STE 400 City:
LOVELAND, CO 80538
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
8/6/2010 $500,000 WD 3712933
Legal Description
19676 ALL 19 11 66 (5R)
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Agricultural 4147 Acres 56.93
Agricultural 4147 Acres 62.63
Agricultural 4147 Acres 515.4
Land Subtotal: 634.96 $10,026 $2,910
No Buildings on Parcel
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Identify Results Page 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0093686 Parcel#: 020330000012
Tax Area: 0901..,,...,.m....» �.....=s Bordering County:
Acres: 78
Township Range Section Ouart.Sec. Subdivison Name Block# Lot#
11 - 66 - 30 - 0 - -
Owners Name &Address: Property Address:
RUFF KENNETH DUANE Street: 12350 26 CR
12350 CR 126 City: WELD
CARR, CO 80612
Additional Owners:
SEKORA JOAN D
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
12/21/1988 $42,500 02165767
Legal Description
19697-B NW4NE4/NE4NW4 30-11-66 (2R)
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Agricultural 4147 Acres 12.81
Agricultural 4147 Acres 25.34
Agricultural 4147 Acres 39.85
Land Subtotal: 78 $1,340 $390
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
v
Value
1 Residential
2 Out Building
3 Out Building
Improvements Subtotal: $60,541 $5,260
Total Property Value $61,881 $5,650
Building Details
Account#: R0093686 Parcel#: 020330000012
Owners Name&Address: Property Address:
RUFF KENNETH DUANE Street: 12350 26 CR
12350 CR 126 City: WELD
CARR, CO 80612
Builtlina# Property Type
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1 Residential
Individual Built As Detail
Built As: 1 1/2 Story Fin Year Built: 1945
Exterior: Frame Masonry Veneer HVAC: Electric Baseboard
Interior Finish: Drywall Built As SQ Ft: 629
# of Baths: 1 Roof Type:
# of Bdrms: Roof Cover: Composition Shingle
# of Stories: 2
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: 432 Detached SQ Ft: 0
Basement:
Total SQ Ft: 0 Finished SQ Ft: 0
Account#: R0093686 Parcel#: 020330000012
Owners Name&Address: Property Address:
RUFF KENNETH DUANE Street: 12350 26 CR
12350 CR 126 City: WELD
CARR, CO 80612
Building# Property Tvoe
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1982
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 646
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R0093686 Parcel#: 020330000012
Owners Name &Address: Property Address:
RUFF KENNETH DUANE Street: 12350 26 CR
12350 CR 126 City: WELD
CARR, CO 80612
Building# Property Type
3 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 0
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
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Identify Results Page 3 of 3
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
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WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0093786 Parcel*: 020330100013
KORA
Tax Area: 0901 'Bordering County:
Acres: 76.25
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
11 - 66 - 30 - 1 - -
Owners Name&Address: Property Address:_
DURAN LOUIS Street: 12800 126 CR
316 E ALLISON RD City: WELD
CHEYENNE, WY 82007
Additional Owners:
DURAN DOLORES F
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
12/9/1986 $35,000 02084285
Legal Description
19697 E2NE4 30 11 66 EXC BEG NE COR OF SEC SOD21'W 361.50'THENCE N89D40'W 361.50' NOD21'E 361.50'TO PT ON N LN
NE4 THENCE 589D40'E 361.50'TO BEG (.75R)
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Agricultural 4147 Acres 76.25
Land Subtotal: 76.25 $1,375 $400
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value
Value
2 Out Building
Improvements Subtotal: $4,605 $1,340
Total Property Value $5,980 $1,740
Building Details
Account#: R0093786 Parcel#: 020330100013
Owners Name&Address: Property Address:
DURAN LOUIS Street: 12800 126 CR
316 E ALLISON RD City: WELD
CHEYENNE, WY 82007
Building* Prop erty Tvoe
2 Out Building
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Individual Built As Detail
Built As: Shed - Utility Year Built: 1982
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 2452
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
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WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0266087 Parcel#: 020330100010
as ._ ISMAPSPia.roanCaMlan 3.inn.r.. ...... ._........m...n a«..... .,.
Tax Area: 0901 Bordering County:
Acres: 2.986
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
11 - 66 - 30 - 1 - -
Owners Name&Address: Property Address:
POUDRE VALLEY RURAL ELECTRIC ASSN Street: 12964 126 CR
PROPERTY TAX DEPARTMENT City: WELD
PO BOX 272550
FORT COLLINS, CO 80527
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
$0
Legal Descri tP ion
19697-A PT NE4 30 11 66 BEG NE COR SEC S0D21'W 361.5' N89D40'W 361.5' N0D21'E 361.5'TO N LN NE4 589D40'E 361.5'TO
BEG (.25R)
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Commercial 8900 Acres 2.986
Land Subtotal: 2.986 $0 $0
Ng Buildings on Parcel
http://maps2.merrick.com/Website/Weld/setSgl.asrcmd=QUERY&DET=PP&pin=02033... 5/27/2011
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COLORADO STATE OF RAWAH RESOURCES LLC
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CHADWICK DONALI
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WELD COUNTY ROAD 126
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RUFF KENNETH DUAN 1
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LAZY D GRAZING ASSN HINTERGARDT DONNAL
LAZY TWO RANCH LLC
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