HomeMy WebLinkAbout20070186.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION TO VACATE A PORTION OF
WELD COUNTY ROAD 25 BETWEEN WELD COUNTY ROADS 20.25 AND 22.5,
SUBJECT TO DEDICATEDAND RECORDED EASEMENTS AND RIGHTS-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 Petition to Vacate a Portion of Weld
County Road 25 between Weld County Roads 20.25 and 22.5, subject to dedicated and recorded
easements and rights-of-way,a copy of which is attached hereto and included by reference, being
more fully described as follows:
Weld County Road 25, between Weld County
Roads 20.25 and 22.5; being located generally
between Sections 12 and 13 of Township 2 North,
Range 67 West, and Sections 7 and 18 of
Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS,the adjoining landowners were mailed ten days notice by the Clerk to the Board
of a public hearing set for January 17,2007,to consider the vacation of that portion of Weld County
Road 25 which is described above, and
WHEREAS,on January 17,2007,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 petition was not signed by all of the property
owners listed on the petition, and
WHEREAS,the petitioner has requested that the petition be withdrawn from consideration,
and
WHEREAS,the Board deemed it advisable to accept the withdrawal of the petition.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Petition from the abovementioned petitioner, be, and hereby is,
withdrawn.
11111111111111111 lilt 1111111111111111III1111IIII 2007-0186
3452386 02/01/2007 02:14P Weld County, CO EG0056.
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder C ��// J/
RE: VACATION OF A PORTION OF WELD COUNTY ROAD 25 BETWEEN WELD COUNTY
ROADS 20.25 AND 22.5 - MULTIPLE PETITIONERS
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following v th day of January, A.D., 2007.
4 ELa% BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
'teal �Oy4
ATTES ►�� C�rt
♦OA. David E. Long, Chair
Weld Cou �t1' * Iff�d
William H. o-Tam
BY:
Deputy Clerk to the Board &(
Willi FGarcia ��p
APPRO AS TO F IiCJ�✓\�. \ /
obert D. Masden
my Attorney !lip J
Douglas ademache
Date of signature: O17/44O'%
445,23861002�1�/211011 � 111111��Il��II11
f ll' 02/01/2007 02:14P fl h,t IIIII11I
2 0.00 0 0.00 Steve Weld County,:OR] 2007-0186
Moreno Clerk order EG0056
(it MEMORANDUM
' TO: Bruce Barker, County Attorney DATE: Nov. 30, 2006
CFROM: Donald Carroll, Engineering Administrator
•
COLORADO SUBJECT: Petition to Vacate WCR 25
The Weld County Public Works Department is responding to a petition requesting the road
vacation of WCR 25 between WCR 20 (I think they mean 20.25) and WCR 22.50.
The purpose for the road vacation request is: security, health issues, safety, littering and
dumping of trash, late night parking, drinking parties, dust, and easy access to the river.
Three traffic counts for this area were taken November 2006. The ADT reflected 82 to 119
vehicles per day in a 72-hour period. Please refer to the attached map count and locations.
The other major concerns are associated with the HEIT Gravel Pit (USR-1444) also known as
SW Chambers LLC. This gravel pit has road improvements associated with the operation:
paving, overlaying, widening of WCR 25 from the pit entrance south to NCCI gravel operation,
and the HEIT pit location is part of the petition to vacate the road section.
The next concern is the strategic roadway alignment classified as WCR 24 and WCR 22 linking
1-25 and WCR 49. The alignment is being proposed to swing south from WCR 24 and make the
connection to WCR 22. The river crossing and location of the cross over has not been
established. If the crossing is on the west side of the Platte River, this will affect a part of the
proposed vacation petition. If the alignment is on the east side, this does not come into play.
Please refer to the attached strategic roadway map showing both alternate routes.
If the petition is approved, additional traffic shall be routed through the Volmer Community
located on WCR 20.25 between WCR 23 and WCR 25. This area has a high number of traffic
and dust complaints. The Weld County truck fleet and the gravel pit haulers in this area are
restricted from utilizing this sensitive road as a part of their haul route. The oil and gas and
additional traffic in the area will have to utilize this as the east-west connection.
SW Chambers LLC has applied to re-subdivide the already vacate Lots 4 through 6 of Lupton
Meadows Land & Company, Division 1, to combine those three lots into a larger parcel with a
minimum lot size of 101.4 acres. As a part of a mining operation, SW Chambers wishes to
apply for a RE to reconfigure the existing lots so that the water storage reservoir is on one 70-
acre lot. The CTB has scheduled RS-1133, SW Chambers LLC, re-subdivision hearing to
vacate Lots 4 through 6 for a BOCC hearing Wednesday, December 13, 2006.
There are existing utilities including, but not limited to, oil and gas pipelines, water or similar
pipelines and appurtenances, irrigation ditches or canals, electrical, and telephone are all within
the right-of-way or holding a recorded interest to use or cross right-of-way.
2007-0186
Bruce Barker, County Attorney
Petition to Vacate WCR 25
November 30, 2006
Page 2
Summary: The Weld County Public Works does not support the road petition to vacate WCR
25 as described above for the following reason:
• Land splits and accesses are always associated with pubic access and the
interconnectivity to the keep the traffic flowing in the areas.
• The existing road improvements associated with the HEIT Gravel Pit.
• The alignment on the strategic roadway linking WCR 24 to WCR 22.
• Rerouting additional traffic through the Volmer Community.
Enclosures
pc: WCR 25 file M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\Vacate WCR 25.DOC
Nov 9 2006 3:07Ph1 AQUATIC WETLAND No 7775 P 3
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS DATE: 11-7-06
WELD COUNTY, COLORADO
P.O. BOX 758
GREELEY, COLORADO 80632
FROM: (Petitioners):
Name Property sec lip Rye
Robert E. Temmer, 10691 WCR#25,Ft.Lupton, CO 80621: Sec 12, Ip 2N,R67W
Dustan Flanagan, 10298 WCR#25,Ft Lupton, CO 80621: Sec 12,Tp 2N, R67W
Robert Stahl, 9378 WCR#25,Ft.Lupton, CO 80621: Sec 18, Tp 2N,R66W
SW Chambers LLC, 3:33 West Hampden,Englewood, CO 80110: Sec 13, Tp 2N,R67W
Kenneth Miller, 12251, WCR 22 %z,Pt Lupton, CO 80621: Sec 7, Ip 2N, R66W
John I.. Windell, 9999 WCR#25, Ft.Lupton, CO 80621: Sec 13, Ip 2N,R67
John T. Windell, 9999 WCR#25,Ft. Lupton, CO 80621: Sec 18, Tp 2N, R66W
Aquatic Wetland Company,John I. Windell, 9999 WCR#25: Sec 18, Tp 2N R66W
Gregory H. Light, 10303 WCR#25, Ft. Lupton, CO 80621, Sec 12, Tp 2 N,R67W
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 gravel Road#25
(describe crossroads) between CR#22 '/_ (north) &CR#20(south)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 3,696 lineal feet (1.4 mile) of CR#25 that extends between CR
#20 (South) and CR#22 1/2 (North) for 1.4 mile of the 6th PM Weld County, Colorado.
Permission is requested to install County approved signs indicating"Road Closed"or"Private
Drive,"or"Gated Community"or"Limited Access,""do not enter,"etc..at the:
Option 1: (South End)CR#20 and CR#25 -(North End) CR#22 %and CR#25
Option 2.. (South End) CR#20 and CR#25 and(North End) CR#22 '/and at the west
•
-1-
Nov 9 2006 3:07PM AQUATIC WETLAND No 7775 P 4
The properties and owners of said properties adjoining said right of way are as follows':
1. Robert Temmer, 10691 WCR#25,Ft.. Lupton, CO 8O621
2.. Dustan Flanagan, 1O298 WCR#25, Ft.Lupton, CO 80621 •
3. Robert Stahl, 9378 WCR#25, Ft Lupton, CO 80621
4. SW Chambers, LLC, Mark D. Campbell, 333 West Hampden Suite 810,Englewood, CO
80110
5, Catherine Miller, 12251, WCR 22 ''A, Ft.Lupton, CO 80621
6. John T.Windell, 9999 WCR#25,Ft.Lupton, CO 80621
7.. John T. Windell, 9999 WCR W25,Ft.Lupton,CO 80621
8. Aquatic and Wetland Co.. J,T. Windell, 9999 WCR#25, Ft. Lupton, CO 8O621
8. Gregory H. Light, 10303 WCR#25, Ft. Lupton, CO 80621
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:
1. Duke Energy Corporation, 1324th North 7th Avenue, Greeley, CO 80631,Phone 970-356-
97OO
2 United Power,P.O.. Box 929,Brighton,CO 80601,Phone
3. Quest, P.O Box 173638,Denver, CO 80217, Phone 1-800-244-111
4. Lupton Meadows Ditch Company,P.O..Box 305, 11016 County Rd 23, Ft. Lupton, 80621,
Phone 97O-785-2147
5. Kerr-McGee Rocky Mountain Corporation, 1999 Broadway, Suite 3600,Denver, CO 80202
phone 303-296-3600
As support for this petition,Petitioners state that the right-of-way has not been constructed nor
maintained by Weld County;that no pan is within a City or Town or a County other than the
t 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 Cleric and
Recorder If the list was assembled from the records of the Weld County Assessot,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-
Nov 9 2006 3 :07PM AQUATIC WETLAND No 7175 P 5
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 tight-of-way is not used by the public;that vacation of the
right-of-way will not leave any land adjoining said roadway without an established public road
or private-access easement connecting said land with another established public road..
Petitioners agree that they will permit any persons owning dedicated and recorded
easements and rights-of-way for the use of the right-of-way to continue such use after formal
vacation by Weld County. Further. Petitioners agree to pay costs of providing notice including
publication, and recording of the resolution.
Special Provisions;:
As witness, our signatures hereunto annexed and followed by our address this_11___
day of_November, 2006.
SIGNATURES ADDRESS
1 Robert Temmer, 10691 WCR#25,Ft.Lupton, CO 80621
2. Dustan Flanagan, 10298 WCR#25,Ft. Lupton, CO 80621
3. Robert Stahl, 9378 WCR#25,Ft. Lupton, CO 80621
4, Catherine Miller, 12251,WCR 22 1/2, Ft.Lupton, CO
5 _ John T.Windell, 9999 WCR#25,Ft. Lupton, CO 80621
6 ___ _ _John T. Windell, 9999 WCR W25, Ft. Lupton, CO 80621
7 Aquatic Wetland Co, J.T'. Windell, 9999 WCR#25
8. _ Gregory H.Light, 10303 WCR#25,Ft.Lupton, CO 80621
9. SW Chambers LLC, M. D. Campbell, 333 W Hampden
Suite 810,Englewood, CO 80110
M:\WPF ILESPWORKS\VACAIRDF FORM.WPD
3Ibis could include a means of substituting a right-of-way in another location such as:Petitioners gh y Pttt oncr 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-
Nov 9 2006( 3 :07PM AQUATIC WETLAND No 7775 Pap 6013
Weld County, Colorado
•
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http://maps2.menick corn/MezzickiMS/ims?ServiceName weldovz&Form=Tiue&Encode . 11/8/2006
Nov 9 2006 3:06PM AQUATIC WETLAND No .7715 P . 7
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lie Nov 9 2005 3:07PM1 AQUATIC WETLAND No 7775 P 1
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r AQUATIC AND WETLAND COMPANY
•IN Consulting • Construction • Nurseries
ri
November 8, 2006
\fit &sit I
Mark D. Campbell i
Southwest Investments
333 West Hampden Suite 810
Englewood, CO 80110
RE: Vacate 14 mile of County Road#25 that extends between CR#20 and CR#22 Vz
Dear Mark:
The property owners along CR#25 are petitioning Weld County to vacate CR#25
between CR#20 (adjacent to your south property line)and 1 4 miles to the north CR#22
"/a,A small portion of CR#25 is adjacent to the Heft Pit east property line and it is our
understanding that, at present, you are requited to black top this portion of the road.
By vacating CR#25, it would make no sense for you to black top it.
Further,Bob Stahl, Water Commissioner, directly east of the pit supports vacating CR
#25 and suggested that you may want to change the location of the entry to the pit. It
could be located to the south along CR#20 i.e.,the Koenig Pit instead of directly across
from his home and pond.
Hope you will strongly consider signing the form to vacate CR#25.
Yours truly,
Brad Windoll
NOV 1 7 2006 3
WELD COUNTY PUBLIC WORKS DFPT
DESIGN • BUILD • GROW
9999 Weld County Rd 25 • Ft Lupton, Colorado 80621 • (303)442-4766/(303)857.2455 FAX
Nov 9 2006 3:07PM AQUATIC WETLAND No 7175 P 2
PLEASE CONSIDER SUPPORTING THE ROAD PETITION.
The petition was secured from the Weld County Attorney
It is self-explanatory.
See Map
If all property owners support the petition, there is no need for it to
go before the County Commissioners.
Someone will visit you soon for a signature..
Major purpose of vacation. The purpose for vacating this portion of the road is:
1. Security(5 property owners have reported robberies: some twice),2.Health issues
related to air quality and gravel dust allergies, 3. Safety issues related to increased high-
speed traffic, 4. Litter and dumping of trash(i.e.,refrigerators,mattresses, etc.), 5. Late
night parking, drinking parties, litter, 6.Easy access to the river for shooting, and
poaching,7. A daily cloud of dust. 8.. Cannot open windows.
Hope to stop all unnecessary traffic on the dusty gravel road while
maintaining better security.
Thanks for your consideration.
ALL Strategic Roadways shall have 140-foot right-of-ways, irregardless of any other transportation classification plans.
Weld County Strategic Roadways
Legend
Road Name
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Page 1 of 2
Jennifer Luna
From: Bruce Barker
Sent: Friday, January 05, 2007 10:30 AM
To: Jennifer Luna
Subject: RE: Petition for Vacation of WCR 25
Let's redo that: "WCR 25, between WCR's 20.25 and 22.5, located generally between Sections 12 and 13 of
Township 2 North, Range 67 West, and Sections 7 and 18 of Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado."
From: Jennifer Luna
Sent: Friday, January 05, 2007 10:18 AM
To: Bruce Barker
Subject: RE: Petition for Vacation of WCR 25
Actually Bruce, when I looked closer, Sections 12 and 13 are located within Range&1 West, but Sections 7 and
18 are located within Range West, therefore, this section line divides the two ranges. How do we reflect that
in the legal description?
Jenny Luna
CM
Ext.4228
From: Bruce Barker
Sent: Friday, January 05, 2007 9:19 AM
To: Jennifer Luna
Subject: RE: Petition for Vacation of WCR 25
I think it best to say that the roadway to be vacated is: "WCR 25, between WCR's 20.25 and 22.5, located along
the section line between Sections 7 and 12, and between Sections 13 and 18 in Township 2 North, Range 66
West of the 6th P.M., Weld County, Colorado."
From: Jennifer Luna
Sent: Friday, January 05, 2007 9:05 AM
To: Bruce Barker
Subject: RE: Petition for Vacation of WCR 25
Bruce,
Do we have a determined legal description for this Petition yet? I will need to send out notices to surrounding
property owners this afternoon for a January 17th hearing.
Also, I notified Don Carroll via email regarding the date change to January 17th.
Jenny Luna
cm
1/5/2007
Page 2 of 2
Ext.4228
From: Bruce Barker
Sent: Thursday, December 28, 2006 4:55 PM
To: Jennifer Luna
Subject: RE: Petition for Vacation of WCR 25
Let's count on January 17th. That will give us an extra week.
From: Jennifer Luna
Sent: Thursday, December 28, 2006 4:51 PM
To: Bruce Barker
Subject: Petition for Vacation of WCR 25
Bruce,
Were you able to review the petition for the vacation of WCR 25 between WCRs 20.25 and 22.5, and/or
determine what the proper legal description should be?
If we set this up for a hearing on January 10th, I will need to send out notices tomorrow. We have not set the
date in stone, so if we are not able to send it out tomorrow we could schedule it for a later date. Let me know
what we need to do with this.
Jenny Luna
CTB
Ext.4228
1/5/2007
Page 1 of 2
Jennifer Luna
From: Bruce Barker
Sent: Wednesday, January 10, 2007 9:41 AM
To: Jennifer Luna
Subject: FW: Vacation of Portion of WCR 25
From: Jay Windell [mailto:jay@aquaticandwetland.com]
Sent: Tuesday, January 09, 2007 4:28 PM
To: Bruce Barker
Subject: RE: Vacation of Portion of WCR 25
Bruce:
Thanks for the message regarding vacation of a portion of CR 25.
I doubt we can have a meeting with all of the people involved before the 17th and expect them to sign..
You should recommend withdrawing this agenda item from the Board meeting.
Nevertheless, I am determined to try later after the Weld County Road 24 Corridor Study meeting tomorrow.
We expected the Temmer"s to object and I have communicated with them and explained there is nothing
personnel and that I want to be a good neighbor.
I might also mention that I plan to sell the 175 acres and 150 shares of water to one of the Municipalities for future
water storage.
I am expecting an offer this month, but these types of projects take a long time.
I expect that somewhere between 100 and 130 acres could end up a 30 to 45 foot deep lake.
There may have to be two basins with CR 25 bisecting the lakes. And of course the value will be decreased by
several million.
Since I am 76 and retiring, going out of business, it probably doesn't much matter to me, but does to other family
members.
Thanks again.
Jay (John T. Windell)
Original Message
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Tuesday, January 09, 2007 3:34 PM
To: jay@aquaticandwetland.com
Cc: Jennifer Luna; Donald Carroll; Diane Beckman
Subject: Vacation of Portion of WCR 25
Jay: I received a copy of the e-mail you sent to Diane Beckman regarding the vacation of a portion of
WCR 25. I assume you may have received a copy of the notice of the hearing on January 17th regarding
the same subject.
I think there may have been some confusion over whether the petition is "ripe" for placement on the
agenda for the Board of County Commissioners. I do not see on the faxed copy where anyone has
signed it, and your e-mail leads me to believe at this juncture that no one has. Please let me know if that
is in fact the case.
Today I received a phone call from Bob Temmer. He wanted to let me know his objection to the vacation
of the roadway.
I will most likely be recommending to the Board of County Commissioners that they withdraw this matter
from their consideration until and unless they receive a signed petition.
1/10/2007
Page 2 of 2
Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions or wish to discuss.
Bruce Barker
Weld County Attorney
1/10/2007
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: January 17, 2007
TIME: 9:00 a.m.
APPLICANT:
Aquatic Wetland Company Robert Stahl
9999 Weld County Road 25 9378 Weld County Road 25
Fort Lupton, Colorado 80621 Fort Lupton, Colorado 80621
Dustan Flanagan SW Chambers, LLC
10298 Weld County Road 25 333 West Hampden, Suite 810
Fort Lupton, Colorado 80621 Englewood, Colorado 80110
Gregory Light Robert Temmer
10303 Weld County Road 25 10691 Weld County Road 25
Fort Lupton, Colorado 80621 Fort Lupton, Colorado 80621
Kenneth Miller John Windell
12251 Weld County Road 22.5 9999 Weld County Road 25
Fort Lupton, Colorado 80621 Fort Lupton, Colorado 80621
REQUEST: Petition to Vacate a portion of Weld County Road 25 between Weld County Roads
20.25 and 22.5 subject to dedicated and recorded easements and rights-of-way
LEGAL DESCRIPTION: Weld County Road 25, between Weld County Roads 20.25 and 22.5;
being located generally between Sections 12 and 13 of Township 2 North, Range 67 West, and
Sections 7 and 18 of Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: January 5, 2007
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 5th day of January, 2007.
AQUATIC WETLAND COMPANY
AND JOHN WINDELL
9999 WELD COUNTY ROAD 25
FORT LUPTON CO 80621
DUSTAN FLANAGAN
10298 WELD COUNTY ROAD
FORT LUPTON CO 80621
GREGORY LIGHT
10303 WELD COUNTY ROAD 25
FORT LUPTON CO 80621
KENNETH MILLER
12251 WELD COUNTY ROAD 22.5
FORT LUPTON CO 80621
ROBERT STAHL
9378 WELD COUNTY ROAD 25
FORT LUPTON CO 80621
SW CHAMBERS LLC
333 WEST HAMPDEN SUITE 810
ENGLEWOOD CO 80110
ROBERT TEMMER
10691 WELD COUNTY ROAD 25
FORT LUPTON CO 80621
BRADLEY WINDELL
11044 WELD COUNTY ROAD 22.5
FORT LUPTON CO 80621
itity f1(`CL
Deputy Jerk t e Bo rd
Pursuant to Sectioi ing will be held in
the Chambers of th, o 8 Jo, Weld County
Y.. In a,
Centennial Center,5 fix, + �, w to r� — lr Board meeting.
The complet, ,ro -' o . + — Board of County
Commissioners, Weill7 to a o O - , Greeley 80631,
to Colorado. E-Mail me o. • �+ ca uded in the case
file. To ensure inclu e P'L fr `o' a l3 please send a
x o as —
copy to egesick@can a, o ' q =
� n, a w c ca
DATE: January 17, 2( ' /NO `,o i L�O T —
7.
TIME: 9:00 a.m. • • •. . , cza
APPLICANT: Lrt ` —
•' " Z}Iil Gl
Aquatic Wetland Comp '.i•% 4l. 0 n • Q 0�
9999 Weld County Roa x Q p w z n! c 5
Fort Lupton, Colorado i re N a o _ n
I-Z 00 u
Dustan Flanagan Q z u
10298 Weld County Ro O D ; 810
Fort Lupton, Colorado z OU z 9 - = 0
50 z C
P. i
Gregory Light w w a
10303 Weld County Rai Q 25
Fort Lupton, Colorado & H co 21
OrO n
Kenneth Miller o
12251 Weld County Roa K 5
Fort Lupton, Colorado P N al >1
CI)
0
op
O "
REQUEST: Petii 0 ¢ iii Id County Roads
20.25 and 22.5 s tr re + 3y
00 ili
LEGAL DESCRI' w OU ' 20.25 and 22.5;
being located ge' = n >2. Ige 67 West, and
Sections 7 and '.` O O w County, Colorado
w
BOARD OF COL Y m 1
WELD COUNTY w ' O
_ia
U
DATED: Januar. Jr 41°)C1
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Page 1 of 2
.. ... . . .... . . . ...
mar
Esther Gesick —
From: Lavenia Temmer[reltemmer@worldnet.att.net]
Sent: Friday, January 12, 2007 11:25 AM
To: Esther Gesick
Cc: Bruce Barker; Dave Long; Douglas Rademacher; Rob Masden; Bill Jerke; William Garcia; Donna
Bechler
Subject: Petition to Vacate a portion of WCR 25
The Honorable Weld County Commission
Re: Petition to Vacate a portion of WCR
Dear Commissioners:
We received notice in the mail that a Petition to Vacate a portion of WCR 25 between WCR 20.25 and
22.5 would be heard by the Commission on January 17, 2007. We went to the office of the Clerk to the Board,
and with the excellent help of Ms. Donna Bechler, obtained a copy of the Petition.
The copy of the Petition we received listed certain property owners who own property that fronts on WCR
25, including Robert Temmer, as "Petitioners". This is to inform you that I, Robert Temmer, am not a "Petitioner"
that I do not support the Petition and I strongly object to any portion of WCR 25 being vacated. Lavenia Temmer
joins in the objection to the Petition, and to the objection to vacating any_portion of WCR 25. In fact, it appears
that there were no signatures on the Petition, not even the signature of Mr. Wendell who submitted it.
Our property is on both sides of WCR 25, and lies about 3A of a mile north of WCR 20.25 and about 1/2
mile south of WCR 22.5. The only public road access to our property is WCR 25. If the Petition were to be
granted, we would no longer have a public road to access our property which is our home.
Our primary concerns relate to public safety. We are in the Fort Lupton Fire Protection District, which is
to the South. In addition, the source of water for fire protection in the area, is a pond on the East side of WCR 25
just north of WCR 20.25. If this Petition is granted, that would no longer be available for fires that might occur in
the area where we and others live, thus threatening our property.
The Weld County Sheriffs Office that serves this area is in Fort Lupton, which is to the South. Access
for these services is WCR 25, and is the shortest route for them to come North on WCR 25 from WCR 18 to our
property. If this petition is granted, at least an additional three miles would be added to the trip for emergency
services. This additional distance and the time involved could be life threatening. It is also our understanding that
ambulance service would come from the South, which would also be delayed if this Petition were to be granted.
For these reasons we believe granting this Petition would threaten our safety and the safety of the neighbors
between us and WCR 22.5.
Granting the Petition would cause us a lot of inconvenience. Most of our trips are to the South. We travel
South on WCR 25 daily. If this Petition is granted, most of our trips would be extended by at least three miles
each way. This is totally unnecessary because we have a public road, WCR 25, which takes us directly South.
Obviously all other services, mail, water, trash, deliveries etc. would be required to divert the additional three/six
miles.
The Petition that we have a copy of states that WCR 25 was not constructed by Weld County, that it is not
maintained by Weld County, that it is not shown on a subdivision plat, and that the public does not use it. All of
these assertions are false. The area in question was subdivided as early as 1913, and WCR 25 is shown on
the subdivision plat. Weld County maintains WCR 25. We have lived here about eleven (11)years, and we have
consistently seen Weld County maintaining the road; and we can also attest to the fact that the public does in fact
use the road. In fact, we requested that Weld County pave the road. Traffic counts were taken. They also show
the public uses the road.
We were given a copy of the Petition about the time it was apparently filed. We did not agree to sign it or
1/12/2007
Page 2 of 2
support it. We sent an e-mail to the Mr Jay Wendell with a number of questions and concerns including
security, health, safety and litter concerns. It is alleged that vacating WCR 25 would help in these areas. We do
not believe it would. Limiting access cannot stop someone intent on committing a crime. Having easy access for
police protection is a better solution. The health issue related to dust will only be solved by paving the road. The
idea that littering, dumping and trespassing, etc. can be controlled by trying to limit access assumes that it will be
honored by all people. The real solution is for residents to call the sheriff when they see those thing going on and
having access for the Sheriff to enforce the law.
Finally, we have learned that the real reason for this Petition is that Mr. Wendell wants to sell his property
for gravel mining and eventual water storage, and that the purchasers desire the road to be vacated so they can
mine the gravel that is beneath it. If this were to be allowed, which it should not, then the petitioners should be
required to bear all costs and liabilities caused, including paving and maintaining all access roads, providing
legally enforceable rights of access to all properties no longer accessible by public road, providing acceptable
financial security to ensure they will fulfill their obligations, and making sure that access for public safety is equal
to or better than that which now exists.
Respectfully submitted:
Robert E. Temmer
Lavenia Temmer
10691 WCR 25
Ft Lupton, Colorado 80621
(303)857-4384
RELTemmer@worldnet.att.net.
1/12/2007
Page 1 of 1
Esther Gesick gl
From: GrgLig@aol.com
Sent: Wednesday, January 17, 2007 8:11 AM
To: Esther Gesick
Cc: GrgLig@aol.com
Subject: Rejection of"Petition"Vacating portion of CR 25...Prop. Owner Gregory H. Light
The Honorable Weld County Commission
Ref: Petition to Vacate a portion of WCR 25
Dear Commissioners:
The"Petition to Vacate a portion of Weld County Road 25..." is the request of one property owner to serve his
alleged needs at the expense of neighboring property owners. This same owner told his neighbors he would
meet with us informally to fully explain his plan, but this meeting was never even attempted. At that time last Fall,
we had every reason to believe those statements of Intent and Good Faith.
Now, instead, you as governing Commissioners are offered a "petition,'which is pointedly presented so as to
represent the consenus of several potentially affected property owners. But this is simply not the case.
I note again, this is not the case. Lavenia and Robert Temmer have made clear their view, and I now submit
that I, Gregory H. Light, share the same concerns for Public Safety as do the Temmers.
I do not support the forfeiture of my right to access my property via any portion of the public road known as
Weld County Road 25.
Long Established Right of Historic Passage via Weld Country Road 25: As the Temmers point out, this road
has been established as early as 1913, and maps of, and since that time clearly delineate it.
The lack of signatures to the"petition" are reason alone to see that it is not a valid instrument of due process.
I urge that the Weld County Board of Commissioners reject the "petition" because it clearly is not in the public
interest, nor does it represent a valid document, one that would be even entitled to consideration.
My understanding is that the County Attorney is aware of this, and calls for rejection of the paper on similar
principles.
Regretfully, I am unable to attend today's meeting, but that does not limit my serious interest in this matter.
Sincerely,
Gregory H. Light
10303 WCR No. 25
Ft. Lupton, CO. 80621
Tel: 303-857-1085(residence)
1/17/2007
Hello