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Home My WebLink About20102189 RESOLUTION RE: PARTIAL ACCEPTANCE OF PETITION TO VACATE WELD COUNTY ROAD RIGHT-OF-WAY,AUTHORIZE VACATION OF PORTIONS OF VARIOUS COUNTY ROAD RIGHTS-OF-WAY,AND APPROVE ACCESS EASEMENT AGREEMENTS-GUTTERSEN RANCHES, 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 Guttersen Ranches, LLC, 13696 County Road 74, Eaton, Colorado 80615, a copy of said petition (including the descriptions found in the Petition's Exhibits"A"and "B"), being attached hereto and included by reference, requesting vacation of portions of Weld County Road rights-of-way (hereinafter WCR), 53, 55, 57, 59, 61, 63, 65, 22, 24, 26, 28, 30, 32, 34, 36, 38, 40, 42, 44, and 46, subject to full execution and recording of Access Easement Agreements between the Petitioner and Robert and Carolyn Koerner, Theodore and Nancy Ravenswaay, and PanEnergy Field Services, Inc., (the attached maps noted as Exhibits "A" and "B" further document the location of the rights-of-way under consideration), and WHEREAS,the Department of Public Works has recommended denial of said request since those portions of rights-of-way are needed for the safety and welfare of the traveling public, and WHEREAS, those persons owning dedicated and recorded easements and rights-of-way which may be affected by the right-of-way to be vacated, (if any), and those persons listed above who are to be granted access easements 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 WHEREAS,the evidence showed that the vacation of certain portions of right-of-way which was described above would not leave the land adjoining the roadway without an established public road or private access easement connecting the land with another established public road, and WHEREAS, certain portions of the rights-of-way should not be granted as it is very expensive to acquire right-of-way which may be needed for the construction of future roads, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the following Weld County Road rights of way are hereby vacated pursuant to the Petition filed by Guttersen Ranches, LLC: 1111111 Ill I ll 111111 11111 1111 111I I 111111111 I I I I 3762005 04/13/2011 11:20A Weld County, CO 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Q(:. GA `PLO, (avAurStV1 2010-2189 -\$ 1 1 EG0043 PETITION TO VACATE PORTIONS OF VARIOUS COUNTY ROAD RIGHTS-OF-WAY- GUTTERSEN RANCHES, LLC TOWNSHIP 2 NORTH - RANGE 63 WEST THE NORTH 30.00 FEET OF SECTION 6 ALONG WCR 26. THE SOUTH 30.00 FEET OF SECTION 6 ALONG WCR 24. THE NORTH 30.00 FEET OF SECTION 8 ALONG WCR 24. THE SOUTH 30.00 FEET OF SECTION 8 ALONG WCR 22. THE NORTH 30.00 FEET OF SECTION 18 ALONG WCR 22. TOWNSHIP 2 NORTH - RANGE 64 WEST THE NORTH 30.00 FEET OF SECTION 4 ALONG WCR 26. THE NORTH 30.00 FEET OF SECTION 12 ALONG WCR 24. TOWNSHIP 3 NORTH - RANGE 63 WEST THE SOUTH 30.00 FEET OF SECTION 6 ALONG WCR 36. THE WEST 30.00 FEET OF SECTION 6 ALONG WCR 61. THE NORTH 30.00 FEET OF SECTION 8 ALONG WCR 36. THE SOUTH 30.00 FEET OF SECTION 8 ALONG WCR 34. TOWNSHIP 3 NORTH - RANGE 63 WEST CONT. THE NORTH 30.00 FEET OF SECTION 18 ALONG WCR 34. THE SOUTH 30.00 FEET OF SECTION 18 ALONG WCR 32. THE WEST 30.00 FEET OF SECTION 18 ALONG WCR 61. THE NORTH 30.00 FEET OF SECTION 20 ALONG WCR 32. THE SOUTH 30.00 FEET OF SECTION 20 ALONG WCR 30. THE NORTH 30.00 FEET OF SECTION 30 ALONG WCR 30. THE SOUTH 30.00 FEET OF SECTION 30 ALONG WCR 28. THE NORTH 30.00 FEET OF SECTION 32 ALONG WCR 28. THE SOUTH 30.00 FEET OF SECTION 32 ALONG WCR 26. 1111111 11111 Olt 1111111111 11111 11111 III 11111 IIII IIII 2010-2189 3762005 04/13/2011 11:20A Weld County, CO EG0043 2 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PETITION TO VACATE PORTIONS OF VARIOUS COUNTY ROAD RIGHTS-OF-WAY- GUTTERSEN RANCHES, LLC TOWNSHIP 3 NORTH - RANGE 64 WEST THE SOUTH 30.00 FEET OF SECTION 2 ALONG WCR 36. THE NORTH 30.00 FEET OF SECTION 10 ALONG WCR 36. THE EAST 30.00 FEET OF SECTION 10 ALONG WCR 57. THE SOUTH 30.00 FEET OF SECTION 10 ALONG WCR 34. THE WEST 30.00 FEET OF SECTION 10 ALONG WCR 55. THE NORTH 30.00 FEET OF SECTION 12 ALONG WCR 36. THE EAST 30.00 FEET OF SECTION 12 ALONG WCR 61. TOWNSHIP 3 NORTH - RANGE 64 WEST CONT. THE SOUTH 30.00 FEET OF SECTION 12 ALONG WCR 34. THE WEST 30.00 FEET OF SECTION 12 ALONG WCR 59. THE NORTH 30.00 FEET OF SECTION 14 ALONG WCR 34. THE EAST 30.00 FEET OF SECTION 14 ALONG WCR 59. THE SOUTH 30.00 FEET OF SECTION 14 ALONG WCR 32. THE WEST 30.00 FEET OF SECTION 14 ALONG WCR 57. THE EAST 30.00 FEET OF SECTION 20 ALONG WCR 53. THE NORTH 30.00 FEET OF SECTION 22 ALONG WCR 32. THE EAST 30.00 FEET OF SECTION 22 ALONG WCR 57. THE WEST 30.00 FEET OF SECTION 22 ALONG WCR 55. THE NORTH 30.00 FEET OF SECTION 24 ALONG WCR 32. THE EAST 30.00 FEET OF SECTION 24 ALONG WCR 61. THE SOUTH 30.00 FEET OF SECTION 24 ALONG WCR 30. THE WEST 30.00 FEET OF SECTION 24 ALONG WCR 59. THE NORTH 30.00 FEET OF SECTION 28 ALONG WCR 30. THE SOUTH 30.00 FEET OF SECTION 28 ALONG WCR 28. THE WEST 30.00 FEET OF SECTION 28 ALONG WCR 53. 1111111 1111 11111 111111 11111 11111 11111 111111111111 101 3762005 04/13/2011 11:20A Weld County, CO 2010-2189 3 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EG0043 PETITION TO VACATE PORTIONS OF VARIOUS COUNTY ROAD RIGHTS-OF-WAY- GUTTERSEN RANCHES, LLC TOWNSHIP 4 NORTH - RANGE 63 WEST THE SOUTH 30.00 FEET OF SECTION 8 ALONG WCR 46. THE NORTH 30.00 FEET OF SECTION 20 ALONG WCR 44. THE SOUTH 30.00 FEET OF SECTION 20 ALONG WCR 42. THE NORTH 30.00 FEET OF SECTION 32 ALONG WCR 40. THE SOUTH 30.00 FEET OF SECTION 32 ALONG WCR 38. BE IT FURTHER RESOLVED by the Board that no portions of Weld County Roads 63 and 65 rights-of-way shall be vacated, and that thirty (30) feet of Weld County Road right-of-way on either side of all intersections along Weld County Roads 63 and 65 rights-of-way shall remain Weld County Road rights-of-way. BE IT FURTHER RESOLVED by the Board that the granting of the Vacation is subject to full execution and recording of Access Easement Agreements between the Petitioner and Robert and Carolyn Koerner, Theodore and Nancy Ravenswaay, and PanEnergy Field Services, Inc. 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 20th day of September, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: _ .'_I'1� ' :. glas Rademach- , C air Weld County Clerk tot Bo361 = ( =•"" bara Kirkmeyer, P o-Tem Deputy Cler I: the Boa�Jt) �� C ) (A Sean P. C away c APP D F Wi • mt F. (A as ou n� ttorney p�s (AYE) Davi . Long Date of signature: /CL O/C 1 11111 111111 111111 11111 11111 HE I I 11111 1111 III I 3762005 04/13/2011 11:20A Weld County, CO 2010-2189 4 of 7 R 0.00 0 0.00 Steve Moreno Clerk& Recorder EG0043 • PETITION TO VACATE RIGHTS-OF-WAY TO: BOARD OF COUNTY COMMISSIONERS DATE: 4' ' "` ' WELD COUNTY, COLORADO FROM: PETITIONER GUTTERSEN RANCHES, LLC PROPERTY OWNED: REFER TO EXHIBIT A ATTACHED HERETO The undersigned citizen on behalf of real property owner Guttersen Ranches, LLC ("Petitioner"),the owner of real property described in Exhibit A in Weld County,Colorado,pursuant to Weld County Code§8-6-160(B),hereby petitions the Board of County Commissioners of Weld County, Colorado, to declare the road rights-of-way described in Exhibit B, attached hereto, abandoned and vacated. Petitioner is the owner of all property adjoining said rights-of-way except the following: 1) the NE 1/4 of Section 24, Township 3North, Range 64 West of the 6th P.M., which property is owned by Robert D. and Carolyn N. Koerner and Nancy A. and Theodore Van Ravenswaay,whose address in the files of the Weld County Assessor is 1207 Raymond Ct., Boonville, MO 65233; and 2) The SW 1/4 of the SW 1/4 of Section 30, Townshp 3 North, Range 63 West of the the 6th P.M.,which property is owned by Pan Energy Field Services,Inc.,whose address in the files of the Weld County Assesor is 5718 Westheimer, Ste. 1900, Houston, TX 77057. As support for this petition,Petitioner states that the rights-of-way have 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 rights-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 rights-of-way are not used by the public,that if vacation of the rights-of-way will leave either of the above named land owners without an established public road,Petitioner will grant a private-access easement connecting said land with another established public road. Petitioner agrees that it will permit any persons owning dedicated and recorded easements and rights-of-way for the use of the rights-of-way to continue such use after formal vacation by Weld County. Further, Petitioner agrees to pay costs of providing notice, including publication and recording of the resolution. Michae Gutt en, Member Guttersen Ranches, LLC 2010-2189 11111111111111111111111111111111111111111I 1111111111111 3762005 04/13/2011 11:20A Weld County, CO 5 of 7 R 0.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT A TOWNSHIP 2 NORTH,RANGE 63 WEST Section 4: That part of the Southwest Quarter lying north of the Chicago, Burlington and Quincy Railroad Right-of-way, except that portion conveyed to Colorado Department of Highways by deed recorded in Book 1538 at Page 146, Weld County Records. Sections: 5, 6, 7, 8, part of 18 TOWNSHIP 2 NORTH,RANGE 64 WEST Section: 1, 4 E and NW '/4, 12 TOWNSHIP 3 NORTH,RANGE 63 WEST Sections: 5,6,7,8, 17, 18, 19, 20, 28 W 'A , 29, 31, 32, 33 W 'A Section: 30 except approximately 40 acres in the Southwest Quarter of the Southwest Quarter as described in deed recorded October 2, 1992, as Reception No. 02305644 and also assigning to Grantee the right of refusal and option described in such deed. TOWNSHIP 3 NORTH,RANGE 64 WEST Sections: 1, 2 S 'A , 3 (except those portions of the Northwest Quarter, Southwest Quarter and Northeast Quarter previously conveyed), part of 4, 9 (NE '/4, S 'A ), 10, 11, 12, 13, 14, 15, 16, 17 SE % , 20 (all except that portion conveyed in deed recorded August 8, 1973, as Reception No. 1618920, Weld County Records, 21, 22, 23, 24 (all except Northeast Quarter), Section 25 NE '/4 and NE '/4 of the NW '/4, 28, 29, 33 TOWNSHIP 4 NORTH,RANGE 63 WEST Sections: 8, 9 (except those portions conveyed in deeds recorded as Reception Nos. 1418436 and 2026565), 16, 17, 20, 29 and 32 TOWNSHIP 4 NORTH,RANGE 64 WEST Sections: S 'h 33, NW '/4 SE '/4 34, S 'A (except that portion conveyed in deed recorded August 8, 1973, as Reception No. 1618920, Weld County Records 10111 fill III DOI 1111 lit III 0�� 3762005 7 R 0.00/2DI0.00 Steve Moreno Clerk 6 Cle k& Recorder • EXHIBIT B County Road From To 53 CR 28 CR 32 55 CR 30 CR 36 57 CR 30 CR 36 59 CR 30 CR 36 61 CR 30 CR 38 63 CR 22 CR 38 65 CR 26—CR 30 and CR 44 - CR 48 22 CR 61 CR 63 24 CR 59 CR 65 26 CR 53-55 and CR 61 - CR 65 28 CR 53 - CR 55 and CR 63 - CR 65 30 CR 53 —CR 55 and CR 59—CR 65 32 CR 53 and CR 65 34 CR 55 CR 65 36 CR 55 CR 65 38 CR 63 CR 65 40 CR 63 CR 65 42 CR 63 CR 65 44 CR 63 CR 65 46 CR 63 CR 67 1111111111111111111111111111IVIII V111III111111IIIIIII 3762005 04/13/2011 11:20A Weld County, CO 7 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ‘71,tt‘, MEMORANDUM TO: Stephanie Arries DATE: 3/30/2010 WIlD C. Assistant County Attorney FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: Vacation of County Road Right-of-Way Guttersen Ranch LLP The Weld County Public Works Department has done research through the Bureau of Land Management (BLM) website and BLM Railroad files on all the existing rights-of-way incorporated with the Guttersen Ranch. Please find attached my worksheets identifying adjacent property owners indicating the status of the right-of-way and land patent dates. All effected parcels either have 30 or 60 feet of right-of-way available for access utilizing either county roads or section lines. I have identified two potential problems associated with the proposed vacation of the section line rights-of-way: Section 24, NE4 owned by Koerner, and Section 30 SW/SW4 owned by PanEnergy Field. These parcels are split within the ranch area. Their continued access shall be the major concern associated with the petition applications. The second item is associated with the proposed Prairie Falcon Parkway (super slab) alignment being proposed through the county. This appears to sever the ranch into two parts. Summary: Representing the development side, I would not support the vacation of the rights- of-way. Usually when parcels are split there is public right-of-way available to access those parcels. All existing utilities utilizing public right-of-way should remain and be identified as a utility corridor. 1) In the future, WCR 63 or 65 Section Line would be a very useful north/south collector between 1-76 and U. S. Highway 34. 2) The right-of-way may be desired for future utility corridors for transmission or gas lines. 3) Infill drilling already permitted by major oil and gas companies will double the amount of truck traffic in and out of the Guttersen Ranch; additional road servicing that area may be everyone's interest. Public Works recommends retaining any existing right-of-way associated with the road petition as it is very costly and difficult to replace these in the future. I will circulate this throughout the Public Works Department to the appropriate sections before sending it for scheduling. pc: Guttersen Ranch file Bruce Barker, County Attorney Clerk to the Board Pat Persichino, Director of Public Work Dave Bauer, P.E., Planning Review M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\GuttersenVacation ofROW-1.doc RANGE 63 WEST NOTES: ' a r 3 2 3 1+'CR 43 HATCHED AREA REPRESENTS a r / / ;4 ., ✓ 9 t 10 Fc 1.1. r 12 30' OF R.O.W. .Tr/»�% '' In le 46 R.O.W. INFORMATION OBTAINED FROM BUREAU OF LAND MANAGEMENT 18 ,, 1.1, 15 1. 13 (BLM) WEB SITE AND BLM RAILROAD //� . WCR43 T-4-N FILES. 19 20 22 22 23 24 * = NO INFORMATION ON BLM WEB SITE. "/"'' WCR42 PATENT INFORMATION TO BE OBTAINED 33 29 28 27 26 25 FROM TITLE COMPANY. /7///R /MR 40 31 _2 33 31 35 36 11CR 3R m7r2 111W 38 i 3 2 6 ./ 1 _ 2 l 11('836 //l'-L A/7,,,,, Y WC R 36 ..>CJ� \-',,_J-4•,, 9 10 \ 11 . I:, N. y p 9 1.2 11. 12 WCR 31 �� n •...�C�N. �ti .« ll'CR 34 _ > 17 1 \ U U 18 2 if 16 1.5 14 13 T 3 N HI J_ �-v,- w ;v n'CR 0 T-3-N l' y ..,3„. 19 ,l;i �{ 2r 3 72 '/'`r 27 ` ,4 l 14 �l C 2: 22 2:' 24 a 7-i('R JO C 'A ✓ ',- r: t'c‘l WCR 50 »"' rH 30 29 * 27 26 25 30 N 2_ 3 28 27 26 25 28 3 WO?.7R K WCR 24 31 32 34 .,5 36 31 I 32 1 31 35 36 WCR 26 '\c.,'; WCR 20 3 2 1 .4 / 5 4 2 1 10 11 -7 /i E 10 11 12 WCR22 //22,-2. 6 _, 36 15 1.9I 3 18 17 16 19 1.4 13 T-2N 0,0?20 T-2-N w r a a r 14`. 2521 y 22 G 23 ` 1 14 . 754 7 72C ,3 $ 2e 3 @ C 3 @ 5 3 30 2,1 28 27 26 25 30 29 28 2/ 26 25 31 .,.3 34 15 36 31 12 3, 3' 5 .,6 RANGE 64 WEST RANGE 63 WEST i 465 Y ` I ..# l s 3t ..r6'• •s ' ,..4. v7:4,‘r, re N — 7-1FRi? r:A1,— a : ' t 1.,,e,.. ii X 9 ; � � �t�₹: Jet 34 t a.. :^y �' ' .. 11% � ` �` _ 11 lig fill ,41 a ill 28 • 27 26 £4 2 14 _ e .. , 1 r ikiirsita... , ill f,„, se • _ _ E los f,7 r l .. . 3( -..ice • \ 7 iII Ike • .. ,_,„, ii, , , , Nw. .1 , 116 •., ..ie _ a$1 _lirTs -�� ,�Nil . _ . . mi, I 0 I Oil • kill H. sot oil nil= Ma ,‘, 481 i sit 1-. r .11 VI WINIMIR lag P. 1 MB II" .7 $ '� 9 art 10 2 s �1/� �1 l fl ® 44/ Ini.. 1 • I el.,: . „siis �`. .. lIn— _4 " -. di II - -. 13 ' 8 ! 17 16 15 N. 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'.' _ Mi • r - , + mi �. R, C. 4W R (c, 3 vJ outtersen Ranch 8 c• Revised 11/6/09 LEGEND ----t Ranch Boundary RULES aliN! Respect Guttersen property Lease Roads p p yriAl Be aware of FIRE danger 17 16 — --- Waste Mgmt Boundaryrj)( Stay on lease roads or locations at all times lit County Road /Highway _ Observe 20 mph speed limit Township Boundary No littering or smoking 20 Windmill Yield to all ranch activity and cattle 4 Noble• Well Report damaged cattleguards/fences to Noble representative or Art Guttersen (970) 396-7777 • 2010 New Drills Failure to comply with these rules will result in I permanent dismissal from Guttersen Ranch. _ Noble Tank Battery WCR 40 n x er n pi ta to ., t ALoYS1US GATE,' I • Aril 13.3 1kJ. 34 32 I MAIN GATE I T4N-R64W T4N-R63W • 1 1 . . 23N-R64 T3N-R63W it____et55 & 36 GATE , • 1 ,; 2 • t 5 I MARIE-LINDSAY GATE _ • • WCR 36 — I • i�� back 10 \ 12 7 8 I WEST GATE • LVCRM I \--111 liar, _____ • Ia 17 lc% s 18 •\ - ILFRuCII� All T'flTt id 20 21 22 24 19 20 11.3-3 • !� ` sae 28 7 • 29 • ` � � 30 �. I . • 26 28 25 GAS pT GREEN GATES 33 tat 5I 1T34 I T2N-R64Wt T2N-R63W ‘ . 2 1 6 4 ky GREY GATEEJ I- r N 1 is Al 10 I II 12 7 8 M W __... i.,...._' E I_ IL,______________L_ I ( I SOUTH GATE S18 EXHIB IT IT c WCR 20 r ' c5)F/\ - -, l4>M 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: September 20, 2010 TIME: 9:00 a.m. APPLICANT: Guttersen Ranches, LLC Attn: Michael Guttersen 13696 County Road 74 Eaton, Colorado 80615 REQUEST: Petition to Vacate portions of various County Roads as described in Exhibit "A" attached hereto and subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: See Attached Exhibit "A" BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 1, 2010 EXHIBIT "A" County Road From To 53 CR 28 CR 32 55 CR 30 CR 36 57 CR 30 CR 36 59 CR 30 CR 36 61 CR 30 CR 38 63 CR 22 CR 38 65 CR 26—CR 30 and CR 44 - CR 48 22 CR 61 CR 63 24 CR 59 CR 65 26 CR 53-55 and CR 61 - CR 65 28 CR 53 - CR 55 and CR 63 - CR 65 30 CR 53 —CR 55 and CR 59—CR 65 32 CR 53 and CR 65 34 CR 55 CR 65 36 CR 55 CR 65 38 CR 63 CR 65 40 CR 63 CR 65 42 CR 63 CR 65 44 CR 63 CR 65 46 CR 63 CR 67 RANGE 63 WEST r NOTES : 6 5 4 3 2 1 h. {VCR 48 HATCHED AREA REPRESENTS e r e $ N. 4 7 cc 8 G 9 N 10 e< 11 12 30' OF R.O.W. 717771/ a a WCR 46 R.O.W. INFORMATION OBTAINED FROM BUREAU OF LAND MANAGEMENT 18 17 16 15 14 13 (BLM) WEB SITE AND BLM RAILROAD w11a1. WCR 44 T-4-N FILES. 19 20 21 22 23 24 * = NO INFORMATION ON BLM WEB SITE. 7/77174 IVCR 42 PATENT INFORMATION TO BE OBTAINED 30 29 28 27 26 25 FROM TITLE COMPANY. ;VCR 40 v777717; 31 32 33 34 35 36 IVCR 38 rrn WCR 38 c 6 5 4 3 2 1 6 7 5 4 3 2 1 WCR 36 7777,77; &777 , WCR 36 a1L �NL VL�\N 7 8 9 �, 10 t 11 a 12 7 i 8 9 10 11 12 H'CR 34 �SC\Zfi•\>\.>._ /\�Z� • ‘.•\_\._\_ \Lttty IVCR 34 18 17 16 15 1 13 1 17 16 15 14 13 T-3-N IVCR 32 JI c‘"\\* LL mZ* \_\. ..-\ IVCR 32 T 3_N 19 20 N 21 r 22 23 24 L, 19 ti 20 21 22 23 24 IK'R 30 ` 1 ‘'SXl \Z x\xt‘'N WCR 30 30 29 * 27 26 25 30 29 28 27 26 25 28 b IVCR 28 S.. WCR 28 31 32 33 34 35 36 31 32 i 33 34 35 36 WCR 26 WCR 26 1 )i�mt ilrctil, V 6 5 4 3 2 1 6 v 5 4 3 2 1 WCR 24rZ/Zatt 117111, a ii 7 8 9 10 11 12 7 8 9 10 11 12 ik JIVE 22 /Jla/- 18 17 16 15 14 13 18 17 16 15 14 13 T-2N WCR 20 T-2-N h ^t h w h b b '0IN b 19 V 20 V 21 22 V 23 V24 V19 Z 20 V 21 °� 22 23 V24 3 3 3 3 3 s 3 3 3 3 30 29 28 27 26 25 30 29 28 27 26 25 31 32 33 34 35 36 31 32 33 311 35 36 RANGE 64 WEST RANGE 63 WEST 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 1st day of September, 2010. GUTTERSEN RANCHES LLC ATTN MICHAEL GUTTERSEN 13696 COUNTY ROAD 74 EATON CO 80615 WITWER OLDENBURG BARRY AND JOHNSON LLP ATTN JACQUELINE JOHNSON 822 7TH ST STE 760 GREELEY CO 80631 ROBERT AND CAROLYN KOERNER AND NANCY AND THEODORE VAN RAVENSWAAY 1207 RAYMOND CT BOONVILLE MO 65233 PAN ENERGY FIELD SERVICES INC 5718 WESTHEIMER STE 1900 HOUSTON TX 77057 ee;" Deputy Clerk to the Board WITWER, OLDENBURG, BARRY & JOHNSON, LLP ATTORNEYS AT LAW 822 7TH STREET SUITE 760 STOW L.WITWER.JR. GREELEY, CO 8O631 JEFFREY T.BEDINGFIELD R.SAM OLDENBURG OF COUNSEL JOHN J.BARRY TIMOTHY P.BRYNTESON JACQUELINE JOHNSON OF COUNSEL PATRICK M.GROOM KENT A. NAUGHTON TELEPHONE.(970)352-3161 ac (y� FACSIMILE(970)352-3165 R © 1� 0 t 7 p ENDER'S E-MAIL ADDRESS. V JJohnson(6?wobjlaw.com May 10, 2010 MAY Bruce T. Barker, Esq. Clerk to the Board of Weld County Commissioners 915 10`h Street P.O. Box 758 Greeley, CO 80632 Re: Petition to Vacate Rights-of-Way Dear Bruce: Enclosed please find a Petition to Vacate Rights-of-Way, executed by Michael Guttersen. I have met with Stephanie Arries, Assistant County Attorney, and Donald Carroll, Engineering Administrator, concerning this Petition, and I have reviewed Mr. Carroll's Memorandum dated March 30,2010,with Mr. Guttersen. With respect to the parcels identified in the second paragraph of the Memorandum, it is my understanding that there is a recorded easement agreement with respect to the PanEnergy parcel. The Koerner parcel is used for grazing by Guttersen Ranches, LLC, pursuant to an oral agreement, and it has provided access to the landowners. It would be willing to assure such access more formally. Please advise me if you need further information concerning this Petition. It would be helpful if we could have a week prior notice of the hearing on this matter. Very truly yours, WITWER OLDENBURG - "' BARRY & JOHNSON, LLP i. "b ueline Johnso U i - _ ' cc: Mike Guttersen a Stephanie Antes -- Esther Gesick From: Stephanie Arries Sent: Tuesday, September 07, 2010 11:22 AM To: Esther Gesick Subject: FW: Guttersen Attachments: koerner ravenswaay easement.doc; pan energy easement.doc From: Jackie Johnson [mailto:jjohnson@wobjlaw.com] Sent: Tuesday, September 07, 2010 10:42 AM To: Stephanie Arries Subject: Guttersen I have attached the proposed easement agreements which the Guttersens will offer if their petition is approved. The hearing is scheduled for 9/20/10. 1 �y •I IIIIII11111111111Y 375861011 12:15P 111111IIII 11111 111111 III BE IIII IIII 1 of 7 R 41.00 D 0.00 Steve Moreno Clerk& Recorder ACCESS EASEMENT AGREEMENT This ACCESS EASEMENT AGREEMENT ("Agreement") is made and entered into this (9-• ay of h tiu+4u < , 2010, by and between Guttersen Ranches, LLC, a Colorado limited liability company ("Grantor"), and Carolyn N. Koerner and Nancy Anne van Ravenswaay, Carolyn Elizabeth van Ravenswaay and Paul Alexander van Ravenswaay, Trustees of the Van Ravenswaay Family Trust (collectively, "Grantees"). BACKGROUND INFORMATION A. Grantor is the owner of real property located in Weld County, Colorado, including real property located in Section 24,Township 3 North, Range 64 West of the 6'h P.M.; Sections 30 and 31, township 3 North,Range 63 West of the 6`h P.M.; and Sections 5 and 8,Township 2 North, Range 63 West of the 6th P.M("Grantor's Property"). Grantor has constructed a roadway over such lands for use by vehicles having business on Grantor's property("the Roadway"). B. Grantees are the owners of the Northeast Quarter of Section 24, Township 3 North, Range 64 West of the 6`h P.M. ("Grantees' Property"). C. Grantor has agreed to grant to Grantees a perpetual nonexclusive easement in favor of and appurtenant to Grantees' Property over and across Grantor's Property for vehicular ingress and egress access to and from Grantees' Property. NOW THEREFORE, for and inconsideration of the premises and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereby agree as follows: AGREEMENT 1. Background Information. The foregoing background information is incorporated herein by reference as though fully set forth. 2. Grant. Grantor hereby grants to Grantees a perpetual nonexclusive easement (the "Access Easement") in favor of and appurtenant to Grantees' Property for the sole purpose of providing vehicular ingress and egress access to and from Grantees' Property upon the Roadway running from the ranch gate north of Interstate Highway 76 in a northeasterly direction through Grantor's Property to Grantees' Property. The Roadway and Grantees' Property are identified on Exhibit A,which is attached to this Agreement and incorporated herein by reference. Grantees'use of the Access Easement shall not be exclusive, and Grantor and Grantor's heirs, personal representatives, successors, assigns, guests and invitees shall have an equal right to the use of the Roadway and the Access Easement. 3. Relocation of Roadway. In the event Grantor should cease to maintain the Roadway or should relocate it, Grantees shall continue to have an Access Easement as described above or to have access upon such other roadway as may replace the Roadway. Although this provision is rj 1111111 11111 11111 111111 IIII 11111111111 III 11111 11111111 3758610 03/28/2011 12:15P Weld County, CO 2 of 7 R 41.00 D 0.00 Steve Moreno Clerk& Recorder intended to be self-operative, Grantees agree to execute any instrument reasonably requested by Grantor to further evidence such relocation. 4. Not a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Access Easement or the Roadway to the general public or for the benefit of the general public or for any public purpose, it being the intention of Grantor that this Access Easement shall be strictly limited to and for the purposes expressed herein. 5. Indemnification. Grantees hereby indemnify and agree to hold Grantor harmless from and against all liabilities, damages, claims, costs and expenses whatsoever, including reasonable attorney fees and court costs, arising out of or in connection with Grantees' use of Grantor's Property, the Roadway and the Access Easement. 6. Warranty. Grantor represents and warrants to Grantees that it is well-seized of Grantor's Property and has full right, title and interest in the same and full right, title and power to grant the Access Easement. 7. Limitations and Reservations by Grantor. This Access Easement does not contain and does not grant to Grantees any rights to the subsurface of Grantor's Property,all such rights and privileg„s being reserved to Grantor. Grantor further reserves all rights of ownership in and to Grantor's Property which are not inconsistent with the Access Easement, including, without limitation,the right to grant further easements on,over or across Grantor's Property and for all uses not interfering with the use permitted Grantees hereunder. 8. Binding Effect. The terms,covenants and provisions of this Agreement shall extend to and be binding upon the respective heirs,personal representatives, beneficiaries, successors and assigns,as applicable,of Grantor and Grantees. The parties agree that the Access Easement and the covenants, conditions and terms of this Agreement are intended to and shall run with the land and shall benefit Grantees' Property and burden Grantor's Property. 9. Invalidity. If any provision of this Agreement shall be found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue to be fully effective and enforceable,and Grantor consents to the modification of this Agreement in any manner as a court may deem necessary to preserve the grant of easement contained herein. 10. Counterparts. This Agreement may be executed in counterparts,each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF,the parties have executed this Private Access Agreement on the dates set forth below. 2 AEI 11111 11111 HE IIMI 11111111111 III 11111 IIII IIII 3758610 03/28/2011 12:15P Weld County, CO 3 of 7 R 41.00 D 0.00 Steve Moreno Clerk& Recorder 11/1-case tt4 LAt 11117M-4/2'1‘,-14-14.4" 4(i O_off Date: . a 7 / 0 Nancy A e van Ravenswaay, Trustee Van Rav nswaay Family Trust STATE OF CALIFORNIA ) )ss. COUNTY OF ctf th )The foregoing instrument was acknowledged before me this 27 day of T L�e«,r, ^ , 2010, by Nancy Anne van Ravenswaay, Trustee of the Van Ravenswaay Family Trust. Witness my hand and official seal. No ary Public c`y�yCt' E My commission expires: G`tz/Zel3 JORDAN ROBERT TWITCHELL Commission# 1855263 a ` Notary Public- California i Mann County > j _ My Comm. Expires Jun 22_2013 E 5 1111111 11111 111111 111111 III!11111131/III 3111 1111 1111 3758610 03/28/2011 12:15P Weld County, CO 4 of 7 R 41.00 D 0.00 Steve Moreno Clerk& Recorder (.Cw/t (LW Watt V Date: /x/30'/01 (?/ d Carolyn Elizabeth van Ravenswaay(T stee Van Ravenswaay Family Trust STATE OF CALIFORNIA ) )ss. COUNTY OF The foregoing instrument was acknowledged before me this ap day of ..w.r,ba/- 2010, by Carolyn Elizabeth van Ravenswaay, Trustee of the Van Ravenswaay Family Trust. Witness my hand and official seal. tart' ublic My commission expires: yviA.y a7, 3-Ott 1 ;s KRISTIE M.FREITAS I► oFi 'e COMM.#1747566 r NOTARY PUBLIC-CALFORNIA 0 µUWP COUNTY My Commssion fgi¢s Nay D.P01I 6 • • 1111111 HIII 111111 EMI IIII 11111111111 III 11111 IIII In 3758610 03/28/2011 12:158 Weld County, CO 5 of 7 R 41.00 D 0.00 Steve Moreno Clerk& Recorder l2e/i ?i /)17 Lm�'�- Date: //-2-AIL-2‘)/O Carolyn N. Koerner STATE OF MISSOURI )ss. COUNTY OF CD0 Pcr_ flt � The foregoing instrument was acknowledged before me this.mb day of_v2 C'E:ALE , 2010, by Carolyn N. Koemer. Witness my hand and official seal. tt-Li- Notaiff Public My commission expires: / _ JANET M.WIRTHS Notary Public-Notary Seal STATE OF MISSOURI County of Cooper My Commission Expires 12/19/2011 Commission#07387808 I 4 Date: Paul exander van Ravenswaay, Trustee Van Ravenswaay Family Trust 111111111111111111 IIII1I III! IIIII 111111 III 11111 CHI 3758610 03/28/2011 12:15P Weld County, CO 6 of 7 R 41.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF Cot lifyeh;q ) )ss. COUNTY OF t" At 11 ) The foregoing instrument was acknowledged before me this 20 day of Decew , 2010, by Paul Alexander van Ravenswaay, Trustee of the Van Ravenswaay Family Trust. Witness my hand and official seal. .,:ecuyi rtitii A-------‹ ) No ry Public My commission expires: 6/2 Z/lei 3 JORDAN ROBERT TWITCHER xw.. • �° Commission # 1855263 L a=tm Notary Public -California z i '�`; a_ Mario County t �_ _'`_ _ My Comm.Expires Jun 22_2013 C 7 1111111 IIIII DIM 111111 IIII 11111111111 III PIE III 3758610 03/28/2011 12:15P Weld County, CO 7 of 7 R 41.00 0 0.00 Steve Moreno Clerk& Recorder GUTTERSEN RANCHES, LLC Date: By. �Z Oct r M chael Gutte en, Member/Manager STATE OF COLORADO ) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 2 LirLday of , 2010, by Michael Guttersen. Witness my hand and official seal. Notary Public ?a �' PU6OC':' O FPr My commission expires: 4_2 S , c l 4 #91's. of... ri c.' 3 11111111111111111111111 HI111111111111 III 11111 It Ill 3758609 03/28/2011 12:15P Weld County, CO A/ 1 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder ACCESS EASEMENT AGREEMENT This ACCESS EASEMENT AGREEMENT ("Agreement") is made and entered into this day of mnreh 2-- 2011, by and between Guttersen Ranches, LLC, a Colorado limited liability company("Grantor") and DCP Midstream, LP ("Grantee"). BACKGROUND INFORMATION A. Grantor is the owner of real property located in Weld County, Colorado, including real property located in Sections 30, 31 and 32, Township 3 North, Range 63 West of the 6`" P.M.; and Sections 5 and 8, Township 2 North, Range 63 West of the 6th P.M ("Grantor's Property"). Grantor has constructed a roadway over such lands for use by vehicles having business on Grantor's property ("the Roadway"). B. Grantee is the owner of the Southwest Quarter of the Southwest Quarter of Section 30, Township 3 North, Range 63 West of the 6'"P.M. ("Grantee's Property"). C. Grantor has agreed to grant to Grantee a perpetual nonexclusive easement in favor of and appurtenant to Grantee's Property over and across Grantor's Property for vehicular ingress and egress access to and from Grantee's Property. NOW THEREFORE, for and inconsideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: AGREEMENT I. Background Information. The foregoing background information is incorporated herein by reference as though fully set forth. 2. Grant. Grantor hereby grants to Grantee a perpetual nonexclusive easement (the "Access Easement") in favor of and appurtenant to Grantee's Property for the sole purpose of providing vehicular ingress and egress access to and from Grantee's Property upon the Roadway running from the ranch gate north of Interstate Highway 76 in a northeasterly direction through Grantor's Property to Grantee's Property. The Roadway and Grantee's Property are identified on Exhibit A, which is attached to this Agreement and incorporated herein by reference. Grantee's use of the Access Easement shall not be exclusive, and Grantor and Grantor's heirs, personal representatives, successors, assigns, guests and invitees shall have an equal right to the use of the Roadway and Access Easement. I Relocation of Roadway. In the event Grantor should cease to maintain the Roadway or should relocate it, Grantee shall continue to have an Access Easement as described above or to have access upon such other roadway as may replace the Roadway. Although this provision is intended to be self-operative, Grantee agrees to execute any instrument reasonably is I111111 111111 111111 IIII 11111111111 III 11111 3758609 03/28/2011 12:15P Weld County, CO 2 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder requested by Grantor to further evidence such relocation. 4. Not a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Access Easement or Roadway to the general public or for the benefit of the general public or for any public purpose, it being the intention of Grantor that this Access Easement shall be strictly limited to and for the purposes expressed herein. 5. Indemnification. Grantee hereby indemnify and agree to hold Grantor harmless from and against all liabilities, damages, claims, costs and expenses whatsoever, including reasonable attorney fees and court costs, arising out of or in connection with Grantee's use of Grantor's Property, the Roadway and the Access Easement. 6. Warranties. Grantor represents and warrants to Grantee that it is well-seized of Grantor's Property and has full right, title and interest in the same and full right, title and power to grant the Access Easement. Grantee represents and warrants to Grantor that is has full right and power to execute this Agreement. 7. Limitations and Reservations by Grantor. This Access Easement does not contain and does not grant to Grantee any rights to the subsurface of Grantor's Property, all such rights and privileges being reserved to Grantor. Grantor further reserves all rights of ownership in and to Grantor's Property which are not inconsistent with the Access Easement, including, without limitation, the right to grant further easements on, over or across Grantor's Property and for all uses not interfering with the use permitted Grantee's hereunder, 8. Binding Effect. The terms, covenants and provisions of this Agreement shall extend to and be binding upon the respective heirs, personal representatives, beneficiaries, successors and assigns, as applicable, of Grantor and Grantee. The parties agree that the Access Easement and the covenants, conditions and terms of this Agreement are intended to and shall run with the land and shall benefit Grantee's Property and burden Grantor's Property. 9. Invalidity. If any provision of this Agreement shall be found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue to be fully effective and enforceable, and Grantor consents to the modification of this Agreement in any manner as a court may deem necessary to preserve the grant of easement contained herein. IN WITNESS WHEREOF, the parties have executed this Private Access Agreement on the dates set forth below. - -- Date: _. V/7 By: c el Gott sen Member/Ma'nager ��- 2 1 111111 11111 111111 111111 IIII 11111111111111 11111 1111 1111 3758609 03/28/2011 12:15P Weld County, CO 3 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder DCP Midstre LP Date: , '..-d i":. zone By: Title: STATE OF COLORADO ) )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this .),, r-F-1 day of IlNusJr, , 2010, by Michael Guttersen. Witness my hand and official seal. Qct>•"? . n RR2 l� c�u t A'.:• OTA1?y•'�� Notary Public •..PUBLIC ` My commission expires: ) I f 9)c• P� CO.nR` STATE OF COLORADO ) )ss. COUNTY OF ) I I The foregoing instrument was acknowledged before me this 14 day of I\l\G,1/4..C , 2010; by .4e, ,e-4,<< l*-e . Witness my hand and official seal.cg• ._ O Y3 Notary Public My commission expires: LORRI CARLSON 3 NOTARY PUBLIC STATE OF COLORADO Expires.March 02,2013 . 1111111 1111111111I 111141111111111111111 III 11111 Ill!IIII 3758609 03128/2011 12:15P Weld County, CO see..4 ic+4S l5,22, Z'7, 39, 3 I Ica, 1 t --- 4 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder GUTTERSEN RANCH �; 2 LEGEND R64W R63W , „Ranch Boundary V•r NMIY>. _Lease Roads RULES Roved Landownsn Propl.ey —.Waste Mgmt GATE Lease Ground ea aware of FIRE dancer Stay on aaal roads a bestans w 12 Nntl • 7 9 '9 o Cateeguard Ooslna 21 mph 40044 1444 No Istsnn6 No sn+os,rg R1pon dsmagsd campui.Cs.Mass to Noels II 11 IC 1990e w661na or 970-260.7177 ,Vail to as ranch acovay and Cams / 9 21 V M C1 C CC 1 26 17 26 25 30 20 19 WCR NJ GAT- 32 33 35 36 31 33 T4N TbN T3N J ,I T3N TO 5 • 2 6 4 WCR3C GATE / TE 7E 6 9 RATION 6 71 1+ t 7 9 Well 34 GATE STOP / SIGN 11 I6 15 14 15111 la 17 16 WCR 31 2C 22 1J 8s 16 21 20 21 2k •. ... .� 2D 1—241----. 32 3' ■ 34 33 36 1 32 T3N T3N T2N _ T2N 5 3 2 I 6 S' I GAT,% S.. 6 9 10 it 12 7 9 15 14 13 �16 17 16 N INTERSTATE 74 9-1,1 :10k,,'0,1'. w •.il pn. E • ,19W!�a�i' atemeffA s a WS ttg R64W R63W a .teieetQ Hello