HomeMy WebLinkAbout20100666.tiff 317
RESOLUTION
RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF COUNTY
ROAD#386- CERVI ENTERPRISES, INC.
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 Cervi Enterprises, Inc.,
12311 County Road 386, Roggen, Colorado 80652, P.O. Box 1930, Greeley, Colorado, 80632, a
copy of said petition being attached hereto and included by reference, requesting vacation of several
portions of right-of-way for County Road 386, being more fully described as follows:
SW1/4 SE1/4, SW1/4 SW1/4,and SE1/4 SW1/4 all in
Section 29, Township 3 North, Range 62 West; and
W1/2 NW1/4, and W1/2 SW1/4 all in Section 32,
Township 3 North, Range 62 West of the 6th P.M.,
Weld County, Colorado.
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
WHEREAS, the petitioner, being the adjacent property owner on both sides of the road
right-of-way, has waived 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
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 Cervi Enterprises, Inc., 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.
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3687317 04/16/2010 11:03A Weld County, CO 2010-0666
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Ire e;ther/t tovD
RE: VACATION OF PORTION OF CR 386 - CERVI ENTERPRISES, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of April, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, LORADO
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ATTEST: f S1 Q `a«
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Weld County Clerk to the Boar " 61It
C'
ara Kirkmeyer„ ro-Tem
Dep Clerk •. the Board ✓ Y)
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Wil F. Ga -
ounty Attorney 01 El (AYE)
David E. Long
Date of signature: 44/6
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3687317 04/16/2010 11:03A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2010-0666
EG0043
MEMORANDUM
TO: Clerk to the Board DAT: March 16, 2010
Wc FROM: Leon Sievers, Public Works
SUBJECT: Road Vacation Petition,
COLORADO Cervi Enterprises, Inc./State of Colorado
Please find attached a Road Vacation Petition provided to Public Works forwarded to CTB for
processing.
pc: Don Carroll, Public Works
Leon Sievers, Public Works
WCR 386 file
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2010-0666
ROAD VACATION PETITION
TO: BOARD OF COUNTY COMMISSIONERS DATE:
WELD COUNTY, COLORADO
P.O. BOX 758
GREELEY, COLORADO 80632
FROM: (Petitioners): Cervi Enterprises, Inc
State of Colorado
Name Property sec Th. Range
Cervi Enterprises, Inc SW1/4 of the SE1/4, Section 29, T3N, R62W
Cervi Enterprises, Inc SW1/4 of the SW1/4, Section 29, T3N, R62W
Cervi Enterprises, Inc Wl/2 of the NW1/4, Section 32, T3N, R62W
Cervi Enterprises, Inc W1/2 of the SW1/4, Section 32, T3N, R62W
State of Colorado SE1/4 of the SW1/4, Section 29, T3N, R62W
State Land Board
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 386 in Sections 29 and
32, Township 3 North, Range 62 West, 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:
See attached exhibit"A"
Page 1 of 3
The properties and owners of said properties adjoining said right of way are as follows':
Assessor parcel 121929000012 and 121932000011 —Cervi Enterprises, Inc
1.
Assessor parcel 121929000009—State of Colorado
2.
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:
NONE
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.
2This 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:
As witness, our signatures hereunto annexed and followed by our address this day
of , 20
SIGNATURES ADDRESS
Ce4►h Strife had it* Comrr'ss erns
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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
• A
EXIIIBIT-A S } OF S } S29-T3N-R62W
VACATION OF ABANDONED PORTION OF WELD COUNTY ROAD 386
DESCRIPTION OF ABANDONED STRIP
A STRIP OF LAND 60 FEET IN WIDTH LOCATED IN THE WEST HALF OF THE WEST ONE-HALF OF SECTION
32, AND THE SOUTH HALF OF THE SOUTH ONE-HALF OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 62
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND WHOSE
CENTERLINE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
REGINNING AT A POINT LOCATED IN THE SOUTHWEST ONE-QUARTER OF SAID SECTION 32, AT THE
INTERSECTION OF THE CENTERLINE OF THE OLD ROUTE OF WCR 386, DESCRIBED AND DECLARED A
PUBLIC HIGHWAY IN ROAD BOOK 15/PAGE 14, DATED JULY 8, 1916 AND THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF THE REROUTE OF SAID ROAD AS SHOWN ON A SURVEY DATED NOVEMBER 1953
AND APRIL 1954 AND FOUND IN ROAD FILE NO. 100/650 - W.C.R. 386, SAID POINT BEARS SOUTH
12'24'17" EAST A DISTANCE OF 3509.65 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 32 AND
IS BASED ON A GRID BEARING OF A LINE FROM THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 3
NORTH, RANGE 62 WEST TO THE SOUTHWEST CORNER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 62
WEST AS BEARING SOUTH 0'58'19" EAST A DISTANCE OF 10,503.08 FEET AND DESCRIBED AS SHOWN;
THENCE NORTHWESTERLY ALONG THE CENTERLINE OF THE OLD ROUTE A DISTANCE OF APPROXIMATELY
3,430 FEET THROUGH WEST HALF OF THE WEST ONE-HALF OF SAID SECTION 32;
THENCE NORTHEASTERLY ALONG THE CENTERLINE OF THE OLD ROUTE A DISTANCE OF APPROXIMATELY
2,699 FEET THROUGH SOUTH HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 29;
THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF THE OLD ROUTE A DISTANCE OF APPROXIMATELY
1,121 FEET THROUGH THE SOUTH HALF OF THE SOUTH ONE-HALF OF SAID SECTION 29 TO THE
NORTHWESTERLY RIGHT-OF-WAY UNE OF THE REROUTED WELD COUNTY ROAD 386.
SAID ABANDONED ROAD CONTAINS 429,721 SQ. FT. OR 10 AC. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT-OF-WAY AGENT IN AND FOR WELD
COUNTY, COLORADO AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD SURVEY.
WELD COUNTY PUBLIC WORKS
VACATION \ DEPARTMENT
OF ABANDONED PORTION OF WCR 386 Akt 1 WELD COUNTY ROAD 386
IN LANDS OF GERM ENTERPRISES INC. Vine
PROJECT
AND T PROJECT: SU 20 SCALE;
STATE OF COLORADO
caortADODATE: DRAWN BY: SHEET:
MAIL 9,2010 JHB 1 of 2
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EXHIBIT-A W z OF W i S32-73N-R62W
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APPROXIMATE LOCATION OF '
ABANDONED "OLD" ROUTE AS PER
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"REROUTE OF WELD COUNTY ROAD 386"
NOVEMBER 1953 I& APRIL 1954
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LS#27269 - 1999 II
WELD COUNTY PUBLIC WORKS
VACATION °�, DEPARTMENT
OF ABANDONED PORTION OF WCR 386
IN LANDS OF CERVI ENTERPRISES INC. IR WELD COUNTY ROAD 386
AND THE WIDc PROJECT
STATE OF COLORADO PROJECT: SCALE;
SU-20 1"=600'±
COLORADO DATE: MAR.9,2010 DRAWN BY: JIIB SHEET: 2 of 2
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: April 5, 2010
TIME: 9:00 a.m.
APPLICANT:
Cervi Enterprises, Inc.
P.O. Box 1930
Greeley, Colorado 80632
REQUEST: Petition to Vacate several portions of County Road 386, subject to dedicated and
recorded easements and rights-of-way
LEGAL DESCRIPTION: SW1/4 SE1/4, SW1/4 SW1/4, and SE1/4 SW1/4 all in Section 29,
Township 3 North, Range 62 West; and W1/2 NW1/4, and W1/2 SW1/4 all in Section 32,
Township 3 North, Range 62 West of the 6th P.M., Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 19, 2010
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 26th day of March, 2010.
COLORADO STATE BOARD OF LAND
COMMISSIONERS
STE 130
5312 WEST 9TH ST DR
GREELEY, CO 80634
CERVI ENTERPRISES, INC.
P.O. BOX 1930
GREELEY, CO 80632
Deputy lerk to the Boar
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