HomeMy WebLinkAbout20103053.tiff 980 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITIONS AND AUTHORIZE VACATION OF A
PORTION OF COUNTY ROAD 41 BETWEEN COUNTY ROADS 110 AND 114,COUNTY
ROAD 110 BETWEEN COUNTY ROADS 41 AND 43, COUNTY ROAD 112 BETWEEN
COUNTY ROADS 41 AND 43, COUNTY ROAD 43 BETWEEN COUNTY ROADS 108.5
AND 116, AND COUNTY ROAD 116 BETWEEN COUNTY ROADS 43 AND 45 - LARRY
AND ALICE HOFFNER
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 various Road Petitions from Larry and Alice
Hoffner, 20524 County Road 114, Nunn, Colorado 80648, copies of said petitions being attached
hereto and included by reference, requesting vacation of portions of rights-of-way for County
Road 41 between County Roads 110 and 114, County Road 110 between County Roads 41 and 43,
County Road 112 between County Roads 41 and 43, County Road 43 between County Roads 108.5
and 116, and County Road 116 between County Roads 43 and 45, being more fully described as
follows:
The east 30 feet of Section 21, Township 10 North;
the west and north 30 feet of Section 22,
Township 10 North; the east, south, and west 30 feet
of Section 28 (including the USA Parcel
No. 029928200002), Township 10 North;the east 30
feet of Section 32, Township 10 North; the east 30
feet of Section 33, Township 10 North; and the north
and east 30 feet of the NE1/4 of Section 4,
Township 9 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
WHEREAS, the County Attorney's Office and Department of Public Works have
recommended denial of said request since these portions of rights-of-way may be needed by the
traveling public in the future, 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 the portions of rights-of-way which are
described above may leave 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 retain said portions
of road rights-of-way.
1111111IIIII111111IIIII/IIIIIIII1111111IIII1 /III/III
3746980 01/26/2011 03:24P Weld County, CO I - a1_ I I
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EG0043
2010-3053
PETITION FOR VACATION OF A PORTION OF CR 41 BETWEEN CRS 110 AND 114, CR 110
BETWEEN CRS 41 AND 43, CR 112 BETWEEN CRS 41 AND 43, CR 43 BETWEEN CRS 108.5
AND 116, AND CR 116 BETWEEN CRS 43 AND 45 - LARRY AND ALICE HOFFNER
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Road Petitions from Larry and Alice Hoffner be, and hereby are, denied.
BE IT FURTHER RESOLVED by the Board that the portions of rights-of-way which are
described above be, and hereby are, retained.
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 29th day of December, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
�IVELD COUNTY,SSLORADO
ATTEST: r � ' 1 ' �-t n� �� -C- n '-yi'C
glas ademac r, hair
Weld County Clerk to the B•'. 91/ 'sin
( ti t
i .,; .� 1V bara Kirkmeye , Pro-Tem
BY: iii/' �/, �,r• y�.r. /
Deputy Clerk to the Board s u \ f•XCUSED
-K Sean P. Conway
AP D ;f S •RM: EXCUSED
Wil F. Garcia
County Attorney 0,NC
David E. Long
Date of signature: I/7//f
11E11 11111 111111 11111 IIII IIIII eid C 1 III , co 1111 IIII
3746980 01125/2011 03:2
3 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EG0043
2010-3053
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: December 29, 2010
TIME: 9:00 a.m.
APPLICANT:
Larry and Alice Hoffner
20524 County Road 114
Nunn, Colorado 80648
REQUEST: Petitions to Vacate a portion of County Road 41 between County Roads 110 and 114;
a portion of County Road 110 between County Roads 41 and 43; a portion of County Road 112
between County Roads 41 and 43; a portion of County Road 43 between County Roads 108.5 and
116; and a portion of County Road 116 between County Roads 43 and 45, subject to dedicated and
recorded easements and rights-of-way
LEGAL DESCRIPTION:
1) The east 30 feet of Section 21, Township 10 North, Range 65 West of the 6th P.M., Weld
County, Colorado
2) The west and north 30 feet of Section 22, Township 10 North, Range 65 West of the 6th
P.M., Weld County, Colorado
3) The east, south and west 30 feet of Section 28 (including the USA Parcel No.
029928200002), Township 10 North, Range 65 West of the 6th P.M., Weld County,
Colorado
4) The east 30 feet of Section 32, Township 10 North, Range 65 West of the 6th P.M., Weld
County, Colorado
5) The east 30 feet of Section 33, Township 10 North, Range 65 West of the 6th P.M., Weld
County, Colorado
6) The north and east 30 feet of the northeast quarter(NE1/4) of Section 4, Township 9 North,
Range 65 West of the 6th P.M., Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 16, 2010
E Cs0 3
2010-3053
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 15th day of December, 2010.
LARRY AND ALICE HOFFNER COLORADO STATE LAND BOARD
20524 COUNTY ROAD 114 NORTH CENTRAL DIVISION
NUNN CO 80648 ATTN MATTHEW POLLART
360 OAK AVE STE 110
US DEPARTMENT OF AGRICULTURE EATON CO 80615
CENTRAL PLAINS EXPERIMENT
RANGE PETERSON RANCHES OF NUNN
ATTN JUSTIN DERNER C/O SNYDER
58009 COUNTY ROAD 37 6253 S DEPER CT
NUNN CO 80648 LITTLETON CO 80123
PAWNEE NATIONAL GRASSLANDS LARRY AND SHIRLEY BATMAN
ATTN VERN KOEHLER 5037 KIOWA DR
660 "O" ST GREELEY CO 80634
GREELEY CO 80631
GERALD BURKHART
COLORADO STATE LAND BOARD 248 S BROADWAY
ATTN TIMOTHY KELLY DENVER CO 80209
1127 SHERMAN ST STE 300
DENVER CO 80202
Yldc, ;.,i
Deputy Clerk to the Board
ratotcr(is4 , MEMORANDUM
"lige TO: Esther Gesick, CTB DATE: November 2, 2010
FROM: Donald Carroll, Engineering Administrator Ili
COLORADO SUBJECT: Vacation of County Road Right-of-Way
Larry and Alice Hoffner Ranch
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 Hoffner Ranch. Please find the attached worksheets identifying adjacent
property owners indicating the status of the right-of-way and land patent dates. All affected
parcels either have 30 or 60 feet of right-of-way available for access utilizing either county roads
or section lines.
•
I have identified one potential problem associated with the proposed vacation of the section line
right-of-way. USDA/USA Central Plains Experiment Range owns a parcel in Section 28. The
petition needs to include the signature from the USDA/USA property owner.
Summary: 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. All existing utilities
utilizing public right-of-way should remain and be identified as a utility corridor.
pc: Hoffner Ranch file
Bruce Barker, County Attorney
Clerk to the Board
Pat Persichino, Director of Public Works
Dave Bauer, P.E., Planning Review
w
M:\PLANNING-DEVELOPMENT REVIEWCorrespondence\HoffnerRanchVacationROW.docx
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Procedural Guide for Road Petition to Vacate Weld County Rights-of-Way
r The Petitioner shall provide Weld County,with a letter indicating the reasop
to vacate platted or existing rights-of-way on section lines or platted
parcels.
✓2. Provide an 8 %z x 11" drawing sketch or photo of the right-of-way proposed
road vacation.
Fill out the road petition identifying petitioner's names, a description of the
right-of-way to be vacated, adjacent property owner that may be affected
by this vacation, existing utilities, ;saturc, and addresses petitioners
requesting the vacation. .I-=4-roarFaotc LA5
s CreCJ aS
y 4. Mail or deliver the road petition to the Board of Weld County
Commissioners for review and dispersal to the appropriate county
departments for verification of right-of-way and circulation through the
appropriate staff to verify the need to retain the right-of-way for future
interconnectivity between county roads.
✓5. Notification of adjacent property owner.
6. Clerk To The Board will contact petitioners about hearing time and date.
M:\PLANNING-DEVELOPMENT REVIEW\Procedures\VacateROW Procedure.docx
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NOV 2 2010 I-
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3 o _ 772- V 33 i- L-t �ELD COUNTY PUBLIC WORKS DEPT
� / / -
October 11 , 2010
Dear Weld County Commissioners,
We would like to petition the elimination of right aways on our ranch.
Our reason is new roads built for the use of oil companies, without control
from us or the county, would disrupt our ranch operation and degrade the
land. We are willing to work with the oil companies to build roads and
drilling pads that will do the least damage to the land and our business of
raising cattle.
Thank you for your consideration of our request.
Sincerely,
'47 Id, Alt'
Larry W. Hoffner
October 11 , 2010
Dear Weld County Commissioners;
As a resident of this ranch for the past 43 years I would like to
suggest that allowing an oil company to use the old right of ways for
roads that will only benefit the oil company and not the stewards of the
land is a mistake. It appears neither we nor the county will have
oversight on how the road will be constructed or cared for. We have tried
over the years to maintain the beauty and integrity of the ranch for cattle
and wildlife.l believe that opening the right of way for roads will result in
damage from wind, erosion, trash and litter. Please remember the short
grass prairie is very fragile.
Sincerely,
Alice D. Hoffner
•
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS DATE: IO-i4-lc'
WELD COUNTY, COLORADO
P.O. BOX 758
GREELEY, COLORADO 80632
FROM: (Petitioners):
Name Property Sec IQ. Range
filled Q. J4sff'lcn /b G I-
Lnna7 w. NoFfys fl / 0 4s
tiSD9 /4L5R aS /O 4S
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 ///
(describe crossroads) between //,7- I/y 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
W.tc Side of The S.c%'tN4,'►c of Seat'sp 18 - /u
—Ls
fig,' Ea57 t,de of Serra ) 17 /s Ra,"%Roael to; 9k NA Co4kror R,8tfat w4x
of the 6th PM Weld County, Colorado.
-1-
The properties and owners of said properties adjoining said right of way are as follows':
/i`offivc/L
2_ A Spn Fed-10,44 Rol eta.cc[ti % .Oi t a f rN ,O-ennert
3.
4.
Existing utilities, including hut 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 are:
pa w
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.
This infomtation shall be provided in the I'omi of a certified list of the names,adchesses 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 trum such records or from the records of the Weld County Clerk and
Recorder. It 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 tc petition submission date.
-This information may he found by utility locates,title research. review of utility permits issued by the lJcpsnnIcn[ o�
Public Works and site investigation
•
Special Provisions3:
As witness, our signatures hereunto annexed and followed by our address this
day of , 20
Signatures Address
C,G .V • /477-1 “— alas 3 y t o afoy Woad Me
et� W /t anxaN C°a�ca � Reid P y
X lA S-12/7 ee izyRc-f �pfa,•h S tfo eig,oreur
Y4s%ily Vaanee Ratuye ,S-yoof ties?
Nµtato 66o ,'Zoc/v gD6ye
•
M:\AGREEMENTSV2OAD PETITION\RoadPetitionForrn.doc
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.
-3-
Crj - fernier,
Seu;, iv a5 5-CL('isN a8
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Larry W. Hoffner
20524 CR 114
October 14, 2010 Nunn,CO 80648
USDA
Central Plains Experiment Range
58009 CR 37
Nunn, CO 80648
Dear Mr Derner;
This letter is to notify all property owners adjacent to county section line
access, that we are petitioning to close the County right of way on WCR 41
South from WCR 114 to WCR 112, 1+/- miles of section line.
The reason is the County road has not been used by the public or
maintained by the County for the past 43 years.
Please acknowledge that you have been notified of this petition by signing
and returning this letter. I have included a self-addressed stamped
envelope for your convenience. Your signature on the certified mail receipt
will also acknowledge notification.
Sincerely,
Lar W. Hoff r
Ioffner
Cr-aril/V. goeil
ACKNOWLEDGEMENT:
JIns+- ) 2_,A-s, /056 (3-au
Print name " Date,
/// ice icbLiolcio
signature Date
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS DATE: i0-N-lO
WELD COUNTY, COLORADO
P.O. BOX 758
GREELEY, COLORADO 80632
FROM: (Petitioners):
Name Property Sec h. Range
Ph,'ee t7, ,Na it ti On 3 2 - /P hi-
;
isa W• HsIAN6n 32- 33 /O &J-
4 39- 33 /o hP
•
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 4/(
(describe crossroads) between fie -i/1 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
14.31 r,4fe o ` the £ee-nbw ,inc of S«?,b u ja and '?lie Lve.57
Cite aF 7ha Se47o„r /,He of Seel,oN 33 4444 .-eractkiers 22 —io-bS- ,r
lqa:insa.P Loi7L, wo Swtiry R frkr- of- L✓ocy
of the 6th PM Weld County, Colorado.
-1-
The properties and owners of said properties adjoining said right of way are as follows':
1.
2.
3.
4.
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:
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.
'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 to 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.
-2-
Special Provisions':
s//witness, our signatures hereunto annexed and followed by our address this /-5
day of�! her , 20 112
Signatures Address
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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 GO' right-of-way as shown on the attached map and to provide coo
necessary surveys or legal descriptions to describe the right-of-way so conveyed.
W y
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS DATE: /o /4-40
WELD COUNTY, COLORADO
P.O. BOX 758
GREELEY, COLORADO 80632
FROM: (Petitioners):
Name Property Sec TQ. Range
,R/+'ca a, 1aocfNEn 33 /a .s-
1 AR/ W. /ItoF`NF2 33
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 //o
(describe crossroads) between 4'/— #3 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
S,4 mirk Sida tr G Ttie fee-7ca 1.1).e- of Sec%i v 33 - ga,/No.1 Jtro k'irk rose i
maRTh s-,-de or Seci,iv line in 1").e_ din TA.echo'@tamreh- Le
of rei'D••v y- 4 -6g"
of the 6th PM Weld County, Colorado.
-1-
The properties and owners of said properties adjoining said right of way are as follows':
t 1-P e al w. tfo 1 fP 4
l R Nr w # P/;v 1101- NEB
Pe?eIrot✓ Race.
4 f o g eyT Se JQ vj'cc
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 are`:
1V O N
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.
'This infomtatton shall be provided in the font 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 Cnunty 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 tc petition submission date.
-Thug mformauon may be found by utility locates,tide research, review of utility permits issued by the Department of
Public Works and site investigation.
Special Provisions3:
LAY
ji As witness, our signatures hereunto annexed and followed by our address this j‘ day
of l i pbet , 20 ID .
SIGNATURES A ADDRESS
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M Commis
sion ssion Expires
June 01,2014
'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.
Page 3 of 3
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i
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS DATE: /o•dy-/O
WELD COUNTY, COLORADO
P.O. BOX 758
GREELEY, COLORADO 80632
FROM: (Petitioners):
Name Property Sec Tom. Range
LA f/ven 28 1- 33 /o 43'
Rl•ee v. fie/ef-,/5n ai +33 in Gs-
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 /J.2
(describe crossroads) between 1/l — y? 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
,Sakng £,de of7Zc S-ea,aw /Ric ofCeJosa8 asee flea
/Jaar< s.-ere of rive fa.A. //we OF 3? — /u -G1- is ota.'lnaa./ duo
eemwry Ri kT of Wcc_y
of the 6th TM Welt County, Colohdo.
-1-
The properties and owners of said properties adjoining said right of way are as follows':
l tR/figt. j, der"PS gn l on Mite. p: fib(fPin reefiery a8
2. l g n rW w 11v f f iv it c '740) 33
3.
4.
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:
/VD N,
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.
'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.
Page 2 of 3
Special Provisions3:
•
n As witness, our signatures hereunto annexed and followed by our address this/j'�day
of li.h oher , 20 /0 ' .
SIGN TURES ADDRESS
wea toy NuMN esks ga4yd'
.51T& bi CalorQdo •
a we/o
10 -15--- v- Z0/0
4w-A —Relicurok_
My Commission
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.
Page 3 of 3
Seei"u 7 /o Razz &S
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Se0/oT.; 33
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS DATE: /0.14-to
WELD COUNTY, COLORADO
P.O. BOX 758
GREELEY, COLORADO 80632
FROM: (Petitioners):
Name Property Sec j . Range
ilIR; W. I-IO`INf/1 ?8 Is 4r
R ll cc P. fro ftMIA a8 /0 '-s"
J ffnfly w• Me- ffi' /0 Lc
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 y 3
(describe crossroads) between ID g Y2 —/it 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
/as? Side of 7hic .Sew's*pl,kc Rithi ofWWay. ;,v SaeJien, y-q- 4S
/ A nee jut9 rile G-dsrcide o/G the. .SectIN/,'nc "h Sea)OM;
23anep Jp - /s -6g ,Q•Th S'o/%r of 7lrc Sec-Ties, /•ne Ge(weeN off/ 4,. fl—/v-4S'
of the 6th PM Weld County, Colorado.
fkeae I. c. fined "eft/;e,r pso.,riei ,OR CAHY ,n, ?/P/4v, /PofTt1
La' /j iri s i /NV i u AO/4"
-1-
The properties and owners of said properties adjoining said right of way are as follows':
1. Gina W
2. fil;4e a. s1c' ' '
3. ti OW f*,u4waa crop" CertreA
4. ef'erI vie
s
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:
ipu. L'.el% flow apt 4ihes us fwd t4%.J
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.
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 to 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.
Special Provisions3:
witness, our signatures hereunto annexed and followed by our address this 14—day of ec , 20 /0 .
Signatures Address
(e/24-7 ?d 1.. it N rJkla N (a%.
X64 yP
G= ir�o1 /44 zl r/ -?y 5"? �' j� l 1 �V
c wC/O
/6.-45 -20/0
CommissionExpkes
0/1_44._ JUIVZI 01,2014
M.\AGREE NTS\ROAD PETI1 ION\RoadPetitionForm.doc
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.
welt 41 aR qs
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UwW0it Louts/ W . 1.1.elnueg
Larry W. Hoffner
20524 C R 114
October 14, 2010 Nunn,CO 80648
USDF
Pawnee National Grasslands
Attn: Vern Koehler
660 "0" Street
Greeley CO 80631
Dear Mr Koehler;
This letter is to notify all property owners adjacent to county section line
access, that we are petitioning to close the County right of way on WCR 43
South from WCR 114 to WCR 112, 1+1- miles of section line.
The reason is the County road has not been used by the public or
maintained by the County for the past 43 years.
Please acknowledge that you have been notified of this petition by signing
and returning this letter. I have included a self-addressed stamped
envelope for your convenience. Your signature on the certified mail receipt
will also acknowledge notification.
Sincerely,
Larry W. Hoff ner
Alice D. Hoffner
ACKNOWLEDGEMENT:
Print name Date
signature Date
•
Larry W. Hoffner
20524 CR 114
October 14, 2010 Nunn,CO 80648
USDA
Central Plains Experiment Range
58009 CR 37
Nunn, CO 80648
Dear Mr Derner;
This letter is to notify all property owners adjacent to county section line
access, that we are petitioning to close the County right of way on WCR 41
South from WCR 114 to WCR 112, 1+/- miles of section line.
The reason is the County road has not been used by the public or
maintained by the County for the past 43 years.
Please acknowledge that you have been notified of this petition by signing
and returning this letter. I have included a self-addressed stamped
envelope for your convenience. Your signature on the certified mail receipt
will also acknowledge notification.
Sincerely,
Larry W. Hoffner
Alice D. Hoff ner
ACKNOWLEDGEMENT:
Print name Date
signature Date
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS DATE: /S/Nlta
WELD COUNTY, COLORADO
P.O. BOX 758
GREELEY, COLORADO 80632
FROM: (Petitioners):
Name Property Sec Tom. Range
L AKa� W• •dvffa62 ; 1 /6 4S'
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 /i 4
(describe crossroads) between Wen yj welt 4s 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
The Moen, (Per/am /, tic o/ feeftom ?2
of the 6th PM Weld County, Colorado.
-1-
The properties and owners of said properties adjoining said right of way are as follows':
1. arts) 4l. 1htCEN FA'
2. f O SW' Szeri✓ I-4-
3.
4.
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:
Nowt pt,�Ft
�191� weir G-N44- tleerRcc ,i en the.:
- 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.
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 attomey,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 to 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.
-2-
Special Provisions3:
•
s witness, our signatures hereunto annexed and followed by our address this /15-
day of her , 20 JO 1
Signatures Address
cos-2y wet< f /y Nkon, faba
61141—I✓ Co-Po rcc r
ftcto .
l /0 -i
( �I►-K C — P u-r�1L My Commission Expires
01
M:\AGREEMENTS\ROAD PETITION\RoadPetitionForm.doc
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.
-3-
gamic. 4,-
intsir Senr1ca Se crib u 1 S
Welt H? we A45
— — — —
fltegyhr a r- way
�L0•
4V /,`a �7 r.a N uuT
4
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gglint- of LOW
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WEA 1 • We It
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at °
WNER floReir Serf ti ice
.
Larry W. Hoffner
20524 CR 114
October 14, 2010 Nunn,CO 80648
USDF
Pawnee National Grasslands
Attn: Vern Koehler
660 "0" Street
Greeley, CO 80631
This letter is to notify all property owners adjacent to county section line
access that we are petitioning to close the County right of way on WCR 116
between WCR 45 through WC 43. Also from WCR 114, WCR 43, 1+/-
miles north through WCR116.
The reason is the County road has not been used by the public or
maintained by the County for the past 43 years.
Please acknowledge that you have been notified of this petition by signing
and returning this letter. I have included a self-addressed stamped
envelope for your convenience. Your signature on the certified mail receipt
will also acknowledge notification.
Si erely,tit "Oar
r V. `f
ar . Hoffner
ACKNOWLEDGEMENT:
Print name Date
signature Date
Larry W. Hoffner
20524 C R 114
October 14, 2010 Nunn,CO 80648
Colorado State Land Board
Attn: Timothy Kelly
1127 Sherman Street, Suite 300
Denver, CO 80202
Dear Mr. Kelly:
This letter is to notify all property owners adjacent to county section line
access that we are petitioning to close the County right of way on WCR 116
between WCR 45 through WC 43. Also from WCR 114, WCR 43, 1+/-
miles north through WCR116.
The reason is the County road has not been used by the public or
maintained by the County for the past 43 years.
Please acknowledge that you have been notified of this petition by signing
and returning this letter. I have included a self-addressed stamped
envelope for your convenience. Your signature on the certified mail receipt
will also acknowledge notification.
Sincerely,
Larry W. Hoffner
ACKNOWLEDGEMENT:
Print name Date
signature Date
Larry W. Hoffner
20524 C R 114
October 14, 2010 Nunn,CO 80648
Colorado State Land Board
North Central Division
Attn: Matthew Pollart
360 Oak Avenue, Suite 110
Eaton,CO 80615
Dear Mr Pollart;
This letter is to notify all property owners adjacent to county section line
access that we are petitioning to close the County right of way on WCR 116
between WCR 45 through WC 43. Also from WCR 114, WCR 43, 1+/-
miles north through WCR116.
The reason is the County road has not been used by the public or
maintained by the County for the past 43 years.
Please acknowledge that you have been notified of this petition by signing
and returning this letter. I have included a self-addressed stamped
envelope for your convenience. Your signature on the certified mail receipt
will also acknowledge notification.
Sincerely,
Larry W. Hoffner
ACKNOWLEDGEMENT:
Print name Date
signature Date
U. . Postal Service U.S. Postal Service:•
D- CERTIFIED MAIL-� RECEIPT -• CERTIFIED MAIL- RECEIPT
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PS Form 3800.June 2002 See Reverse for Instructions -
Identify Results Page 1 of 1
Parcel Valuation
Account#: R0365886 Parcel#: 045704000001
Owners Name&Address: Property Address:
PETERSON RANCHES OF NUNN Street:
C/O SNYDER City:
6253 S DEPER CT
LITTLETON, CO 80123
Business/Complex:
Leoal Description
14763 NW4/NW4SE4 4 9 65
Land Value $2,126 Land Assessed Value $620
Impr. Value SQ Impr. Assessed Value SQ
Total Value $2,126 Total Assessed Value $620
Tax Area: Bordering County:
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
09 - 65 - 04 - 0 - -
Land Subtotal: Acres:200
Sale Price Sale Date Deed Type Reception#
$0
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=04... 12/9/2010
Identify Results Page 1 of 1
Parcel Valuation
Account#: R0291086 Parcel#: 029934000005
Owners Name&Address: Property Address:
BATMAN LARRY G Street:
5037 KIOWA DR City:
GREELEY, CO 80634
Additional Owners:.
BATMAN SHIRLEY M
Business/Complex:
Legal Description
14907 N2 34 10 65 (4R)
Land Value $4,154 Land Assessed Value $1,200
Impr Value a Impr. Assessed Value
Total Value $4,154 Total Assessed Value $1,200
Tax Area: Bordering County:
Township Range Section Quart. Sec. Subdivison Name Blgck# Lot#
10 - 65 - 34 - 0 - -
Land Subtotal: Acres:316
Sale Price Sale Date Deed Type Reception #
$0
http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=02... 12/9/2010
Identify Results Page 1 of 1
Parcel Valuation
Account#: R0290986 Parcel#: 029934000004
Owners Name&Address: Property Address:
BURKHART GERALD Street:
248 5 BROADWAY City:
DENVER, CO 80209
Business/Complex:
Legal Description
14908 52 34 10 65 (8R)
Land Value $4,161 Land Assessed Value $1,210
Imor,Value Imor. Assessed Value
Total Value $4,161 Total Assessed Value $1,210
Tax Area: Bordering County:
Township Range Section Ouart.Sec. Subdivison Name Block# Lot#
10 - 65 - 34 -0 - -
Land Subtotal: Acres:312
Sale Price Sale Date Deed Type Reception#
$0
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=02... 12/9/2010
Esther Gesick
From: Leingang, Jeri [Jeri.Leingang@state.co.us]
Sent: Monday, December 20, 2010 12:15 PM
To: Esther Gesick
Cc: Pollart, Matthew
Subject: Notice of hearing-Hoffner-12/29/2010
Attachments: Letter to Weld County Commissioners0001.pdf
Please see the attached regarding the above-mentioned hearing
Thank you,
State Board of Land Commissioners
Jeri Leingang, Assistant District Manager
North Central District
Adams,Arapahoe, Elbert, Morgan and Weld Counties
360 Oak Avenue, Suite 110
Eaton, CO 80615
(970)454-5279
jeri.leingang@state.co.us
EXHIBIT
A
1
STATE OF COLORADO
Governor "' •_! ` 4 SZ 4@TE BOARD OF
Bill Ritter Jr. '-LAAD COMMISSIONERS
" FI " lid 0LC 22 A Tobin Follenweider, Division Director
Department of Natural Resources tG�7 y tf 24.4herman Street, Suite 300
Mike King, Executive Director " Denver,CO 80203
one: (303)866-3454
Managing x: (303) 866-3152
State Trust Lands
Since 1876
December 20, 2010
Weld County Commissioners
915 10th Street
Greeley, CO 80631
VIA CERTIFIED MAIL RECEIPT NO. 7009 2250 0001 0674 6724
Commissioners:
As the North Central District Manager for the State Board of Land Commissioners, I am compelled to write this
letter of opposition to the petition to vacate parts of County Roads 43 and 116 in
Township ION Range 65W. As you can see in reviewing the ownership maps,this action would remove access to a
section of state trust land in section 16-TI ON-R65 W. This section of land was granted to the State Land Board at
statehood for the benefit of the public schools. As the trustee for the School Trust,the State Land Board is charged
with maintaining and increasing the value of the trust assets. The loss of public access to one of these state sections
greatly reduces its value and our ability to generate revenue for the School Trust.
The section of state land in question is currently leased for grazing and oil and gas production. Our current lessees,
as well as prospective future lessees, must have access to this land in order to exercise their lease rights. Thank you
for the opportunity to comment on the proposed action. A representative from our staff will try to be at the hearing
on December 29, 2010. If we are not able to attend, please accept this letter of comment in place of our testimony.
Sincerely
Pollart
North Central Dist
rict Manager
` `11x1 COLORADO STATE BOARD OF
Colorado State Board of Land Commissioners �' '� LAND COMMISSIONERS
42.uii'+oo www.colorado.gov/trustlands
Matthew A. Pollart
North Central District Office
North Central District Manager Managing State 360 Oak Avenue,Suite 110
360 Oak Avenue, Suite 110 Trust Lands Since Eaton,Colorado 80615
1876 Telephone:(970)454-5279
Eaton, CO 80615 * Fax:(970)454-5426
Department of matthew.pollart@state.co.us
Cc: Field Operations Natural Resources
State Land Board District Offices
Northwest North Central Northeast Southwest South Central Southeast Front Range
P.O.Box 1094 360 Oak Avenue 301 Poplar P.O.Box 88 4718 N.Elizabeth St. 700 S.Main St. 600 Grant St
555 Breeze St.#110 Suite 110 Suite 3 305 Murphy Dr. #A Suite C Suite 640
Craig,CO 81626 Eaton,CO 80615 Sterling,CO 80751 Alamosa,CO 81101 Pueblo,CO 81008 Lamar,CO 81052 Denver,CO 80203
(970)824-2850 (970)454-5279 (970)522-0975 (719)589-2360 (719)543-7403 (719)336-3031 (303)861-3702
COMMISSIONERS: Buck Blessing, Michele A. Bloom, Richard L. Downey,Thomas R. Hoyt,Sandra A. Leinsdorf
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: December 29, 2010
TIME: 9:00 a.m.
APPLICANT:
Larry and Alice Hoffner
20524 County Road 114
Nunn, Colorado 80648
REQUEST: Petitions to Vacate a portion of County Road 41 between County Roads 110 and 114;
a portion of County Road 110 between County Roads 41 and 43; a portion of County Road 112
between County Roads 41 and 43; a portion of County Road 43 between County Roads 108.5 and
116; and a portion of County Road 116 between County Roads 43 and 45, subject to dedicated and
recorded easements and rights-of-way
LEGAL DESCRIPTION:
1) The east 30 feet of Section 21, Township 10 North, Range 65 West of the 6th P.M., Weld
County, Colorado
2) The west and north 30 feet of Section 22, Township 10 North, Range 65 West of the 6th
P.M., Weld County, Colorado
3) The east, south and west 30 feet of Section 28 (including the USA Parcel No.
029928200002), Township 10 North, Range 65 West of the 6th P.M., Weld County,
Colorado
4) The east 30 feet of Section 32, Township 10 North, Range 65 West of the 6th P.M., Weld
County, Colorado
5) The east 30 feet of Section 33, Township 10 North, Range 65 West of the 6th P.M., Weld
County, Colorado
6) The north and east 30 feet of the northeast quarter(NE1/4) of Section 4, Township 9 North,
Range 65 West of the 6th P.M., Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO RECEIVED
DATED: December 16, 2010
DEC 20 2010
NORTH CENTRAL DISTRICT
STATE LAND BOARD
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Larry and Shirley Batman
(Owns N1/2 of Section 34,T10N, R6SW)
5037 Kiowa Drive
Greeley, CO 80634
(970) 330-1739
Mr. Batman called at 9:00 a.m. on Monday, December 27, 2010, and expressed the following concerns.
He stated he is opposed to abandoning the road right-of-way for County Road 43, from Road 108 up to
112. In general, he does not believe it wise for the County to abandon all of the requested right-of-way,
which the County may have need for in the future, especially considering the current oil and gas activity.
Mr. Batman indicated retaining the right-of-way will also save time and money in the future if the
County ever does determine a need to open a road in the area. He clarified County Road 43 is not
graded; however, it is drivable and used by area residents to move cattle to pastures in the area. He and
his brother-in-law, Arvid De Porter, use County Road 43 to access the N1/2 of Sec 34 and Section 27,
which saves a lot of distance and they prefer to avoid roads with higher traffic. Mr. Batman also
commented that if for some reason the governmental would decide to sell the USA parcels, the new
private owners would need access.
(Transcribed by Esther Gesick, Deputy Clerk to the Board)
EXHIBIT
Hello