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524
RESOLUTION
RE: ACCEPT PETITION AND AUTHORIZE VACATION OF PORTION OF COUNTY ROAD 62,
EXTENDING FROM STATE HIGHWAY 257 TO THE GREAT WESTERN RAILROAD
RIGHT-OF-WAY - MULTIPLE PETITIONERS
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 James and Grace
Abbott, 8944 County Road 62, Windsor, Colorado 80550, Jeffrey and Susan Lewis, 30037 State
Highway 257, Windsor, Colorado 80550, and Man Cave, LLC, do Jerry Helgeson, 8995 County
Road 62, Windsor, Colorado 80550, a copy of said petition being attached hereto and included by
reference, requesting vacation of a portion of road right-of-way, being more fully described as
follows:
The public road right-of-way lying 30 feet on either
side of the section line extending from State
Highway 257 to the Great Western Railroad
Right-of-Way, all in Section 33, Township 6 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the County Attorney's Office and Department 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 petitioners, being the adjacent property owners on both sides of the road
right-of-way, have 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.
11111111111111111' IIII 1111111 1111111111111111111111 IIII
3614524 04/03/2009 11:08A Weld County, CO 1 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 2008-2773
EG0043
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RE: CR 62 RIGHT-OF-WAY VACATION - MULTIPLE PETITIONERS
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Petition from James and Grace Abbott,Jeffrey and Susan Lewis,
and Man Cave, LLC, do Jerry Helgeson, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the portion of right-of-way which is
described above be, and hereby is, vacated.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to record this Resolution in the records of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of October, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
IS
ATTEST: r�r" /r
„ `� Wil • m H. Jerke, Chair
Bo Weld County Clerk to the -� \ �� 1�f
Roberti) Masde ro-Tem
De. ty CI= to the Boar.
Willi F. Garcia
APPROVE S TO FO E
David E. Long
Cody Attorney EXCUSED
Douglas Rademacher
Date of signature:
11111111111111111111111111311111111111111 HUH 2008-2773
3614524 04/03/2009 11:08A Weld County, CO EG0043
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NOTICE
Pursuant to Section 43-2-303, C.R.S., and the Weld County Code, a public hearing will be held in
the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County
Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, during its regular Board
meeting.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley 80631,
Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case
file. To ensure inclusion of your E-Mail correspondence into the case file, please send a
copy to egesick@co.weld.co.us.
DATE: October 15, 2008
TIME: 9:00 a.m.
APPLICANT:
James and Grace Abbott Jeffrey and Susan Lewis Man Cave, LLC
8944 County Road 62 30037 State Highway 257 c/o Jerry Helgeson
Windsor, Colorado 80550 Windsor, Colorado 80550 8995 County Road 62
Windsor, Colorado 80550
REQUEST: Petition to Vacate a portion of County Road 62, extending from State Highway 257
to the Great Western Railroad right-of-way, subject to dedicated and recorded easements and
rights-of-way
LEGAL DESCRIPTION: The public road right-of-way lying 30 feet on either side of the section line
extending from State Highway 257 to the Great Western Railroad Right-of-Way, all in Section 33,
Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 3, 2008
2008-2773
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 3rd day of October, 2008.
JAMES AND GRACE ABBOTT
8944 CR 62
WINDSOR CO 80550
JEFFREY AND SUSAN LEWIS
30037 STATE HIGHWAY 257
WINDSOR CO 80550
MAN CAVE LLC
C/O JERRY HELGESON
8995 CR 62
WINDSOR CO 80550
CIO READE ROSELLES
TST CONSULTING ENGINEERS INC
748 WHALERS WAY BLDG D
FORT COLLINS CO 80525
Deputy Clerk to the Board
MEMORANDUM
WI I DC TO: Clerk to the Board DATE: September 29, 2008
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COLORADO FROM: Don Dunker, Senior Engineer, Public Works
SUBJECT: Agenda Item
Petition and recommendation to vacate WCR 62 between WCR 13 and State Highway 257.
The appropriate documentation is attached.
M:\Francic\AgendaDonDun ker.doc
M: \Francie\AgendaDonDunker. doc
,. � MEMORANDUM
WII TO: Dave Bauer, P.E., County Engineer DATE: September 19, 2008
C D FROM: Don Dunker, P.E., Public Works .1O
•
COLORADO SUBJECT: WCR 62 Vacation
Public Works is responding to a request provided by TST, Inc. Consulting Engineers. They are proposing to
vacate a portion of WCR 62 west of State Highway 257 to the Great Western Railroad right-of-way. It has
been proposed to replace it with a dedicated 30-foot wide private access and 16-foot utility easement between
the Great Western Railroad and State Highway 257 right-of-way. This section will be vacated, abandoned and
access has already been removed to Highway 257. The new access will off Crossroads Boulevard. County
Road 62 is maintained by Weld County at the present time.
Public Works has reviewed the Assessor's records and pulled up adjacent property owners to the existing
county right-of-way, Per the submitted Petition to Vacate Road dated August 20, 2008 all adjacent property
owners have signed the petition.
In referring to the Weld County roadway classification plan dated June 2002 provided by Felsburg, Holt and
Ullevig, WCR 62 is identified as a major arterial between WCR 13 and State Highway 257 which this proposed
vacation would be a part of. However since that time Cross Roads Boulevard has been constructed and the
State has closed off the access to CR-62 from SH-257, therefore this section of county roadway is no longer
needed as a connection between CR-13 and SH-257.
Public Works recommends vacation of CR-62 right-of-way at this location.
pc: WCR 62 file
M:\PLANNING-DEVELOPMENT REVIEW\Correspondence\memotofile-WCR62-091909.DOC
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PETITION TO VACATE ROAD
TO: BOARD OF COUNTY COMMISSIONERS ) DATE: August o2.O , 2008
WELD COUNTY, COLORADO )
P.O. BOX 758 )
GREELEY, COLORADO, 80632 )
FROM:
PETITIONER'S NAMES PROPERTY SEC., TP. RANGE
James L. Abbott 33-6-67
Grace M. Abbott
Jeffrey B. Lewis
Susan L. Lewis
Man Cave, LLC
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 62 and State Highway
257 be declared abandoned and vacated by Weld County. This right of way, as depicted on
ATTACHMENT A-1, is described as:
All of the Right-O-Way for Weld County Road 62, from State Highway 257 to the
Great Western Railroad Right-Of-Way All in Section 33, Township 6 North,
Range 67 West of the 6th PM Weld County, Colorado.
The properties and owners of said properties adjoining said right of way are as follows:
James L. Abbott and Grace M. Abbott See ATTACHMENT A-2
8944 CR 62,Windsor, Colorado
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Jeffrey B. Lewis and Susan L. Lewis See ATTACHMENT A-3
o 30037 Highway 257,Windsor, Colorado
O0O
Man Cave, LLC See ATTACHMENT A-4
8995 CR 62 and Water Valley South
ca
Tract N Windsor, Colorado
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a Existing utilities within the right-of-way or holding a recorded interest to use or cross this
o12 right-of-way may include, but are not limited to, oil and gas pipelines, sewer, gas, water, or
o o similar pipelines and appurtenances, ditches or canals and appurtenances, and electric,telephone,
c and similar lines and appurtenances.
—00O
N o
As support for this petition,Petitioners state that no part of the right-of-way is within a
OD o
o o City or Town or a County other than the County of Weld,that no portion of the right-of-way is
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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
without and 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 notices including
publication, and recording of the resolution.
Aiti
As witness, our signatures hereunto annexed and followed by our address this , 2
day of August, 2008.
SIGNATURES:
MAN CAVE, LLC
•
erry Helgeson, Manager ember ey . Lewis
8995 CR 62, Win or, Co do 3 037 .ghway 257,Windsor, Colorado
J es L. Abbott Susan L. Lewis
44 13.62, Windsor, Colorado 30037 Highway 257, Windsor, Colorado
7,G ce M. Abbott
44 CR 62, Windsor, Colorado dill 11liii 111111111111111111111 III 11111 liii liii
STATE OF COLORADO ) 3587085 10/30/2008 03:05P Weld County, CO
2 of 9 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN to by James L. Abbott, Grace M. Abbott before me this
'a-.a day of 61.,.-,.,t.. , 2008.
My Commission expires: C)-a-,-.,,a y Q-o a rj
Witness my hand and official seal
t L?Irl'i 'a.t �e-.e "I�tcE
A (... Notary Public
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STATE OF COLORADO )
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L U SUBSCRIBED AND SWO t Jef Prey B. Lewis, Susan L. Lewis before me this
Oig•4ap day of , 2 08.
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:' "tr OA GMy Commission expires: ., 1 I acc9
«y iNitness my hand and offici seal
:.nRano . r+ Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
SUBSCRIBED AND SWO to by Je Helgeson as Manager of Man Cave, LLC,
before me this 6;91•5,..t day of , 2008.
My Commission expires: 1{pXy1l ' ao ig
Witness my hand and official seat
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ATTACHMENT A-2
Legal Description of the Abbotts' Property
A TRACT OF LAND SITUATE IN SECTION 33, TOWNSHIP 6 NORTH, RANGE 67 WEST,
OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
LOT B OF RECORDED EXEMPTION RE-166, RECORDED AT RECEPTION NO. 1657166.
SAID TRACT CONTAINS 2.32 ACRES MORE OR LESS AND IS SUBJECT TO ALL
RIGHTS-OF-WAY, EASEMENTS, AND RESTRICTIONS OF RECORD, OR THAT NOW
EXIST ON THE GROUND.
41..141111111111111liii 111111111111 III 11111 Ell III!
3587085 10/30/2008 03:05P Weld County, CO
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ATTACHMENT A-3
Legal Description of the Lewises Property
A TRACT OF LAND SITUATE IN SECTION 33, TOWNSHIP 6 NORTH, RANGE 67 WEST,
OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
LOT A OF RECORDED EXEMPTION RE-166, RECORDED AT RECEPTION NO. 1657166.
SAID TRACT CONTAINS 1.17 ACRES MORE OR LESS AND IS SUBJECT TO ALL
RIGHTS-OF-WAY, EASEMENTS, AND RESTRICTIONS OF RECORD, OR THAT NOW
EXIST ON THE GROUND.
111111111 111111 VIII IIII 111111 111111 III VIII IIII IIII
3587085 10/30/2008 03:05P Weld County, CO
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8 8108'PETITION TO VACATE ROAD-FINAL.wpd 61
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ATTACHMENT A-4
Legal Description of Man Cave,LLC's Property
Parcel 1:
TRACT N, WATER VALLEY SOUTH SUBDIVISION ACCORDING TO THE PLAT
RECORDED JUNE 7,2004 AT RECEPTION NO. 3178243, AND THE CORRECTIVE PLAT
OF WATER VALLEY SOUTH SUBDIVISION RECORDED JUNE 8, 2004 AT RECEPTION
NO. 3187604, TOWN OF WINDSOR, COUNTY OF WELD, STATE OF COLORADO.
and
Parcel 2:
A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION33, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,BOUNDED ON THE WEST
BY THE EASTERLY RIGHT OF WAY LINE OF GREAT WESTERN RAILWAY
COMPANY; ON THE NORTH BY THE B.H. EATON IRRIGATION DITCH; ON THE EAST
BY THE WESTERLY RIGHT OF WAY LINE OF STATE HIGHWAY 257; AND ON THE
SOUTH BY A COUNTY ROAD AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE
OF GREAT WESTERN RAILWAY COMPANY WITH THE NORTH RIGHT OF
WAY LINE OF THE COUNTY ROAD AS NOW LOCATED, THENCE NORTH 10
DEGREES 52 MINUTES EAST ALONG THE EASTERLY RIGHT OF WAY LINE OF
SAID RAILWAY, 81.0 FEET TO A POINT WHICH IS 10 FEET SOUTH OF THE
SOUTH BANK OF B.H. EATON DITCH; THENCE PARALLEL WITH THE SOUTH
BANK OF SAID DITCH NORTH 69 DEGREES 34 MINUTES EAST, 140.8 FEET TO
A POINT; THENCE NORTH 35DEGREES 58 MINUTES EAST, 87.7 FEET TO A
POINT; THENCE NORTH 61 DEGREES 22MINUTES EAST, 242.2 FEET TO A
POINT; THENCE NORTH 87 DEGREES 42 MINUTES EAST144.4 FEET TO A
POINT IN THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY NUMBER257;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 13 DEGREES
13 MINUTES EAST, 220.7 FEET TO A POINT; THENCE SOUTH 42 DEGREES 34
MINUTES WEST, 72.7 FEET TO A POINT IN THE NORTH RIGHT OF WAY LINE
OF THE EXISTING COUNTY ROAD; THENCE ALONG THE NORTH RIGHT OF
WAY LINE OF SAID COUNTY ROAD SOUTH 84 DEGREES 33MINUTES WEST,
559.4 FEET TO THE POINT OF BEGINNING.
Commonly known as 8995 County Road 62, Windsor,�� Colorado.
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