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Home My WebLink About20073771.tiff i41 RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION AND AUTHORIZE VACATION OF A PORTION OF COUNTY ROAD 155, BETWEEN COUNTY ROADS 96.5 AND 98- BEN IRELAN 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 Ben Irelan, P.O. Box 60, Stoneham, Colorado 80754, a copy of said petition being attached hereto and included by reference, requesting vacation of a portion of right-of-way for County Road 155, between County Roads 96.5 and 98, being more fully described as follows: The public road right-of-way lying 30 feet on either side of the section line between the north one-half mile of Sections 1 and 2, Township 8 North, Range 56 West of the 6th P.M., Weld County, Colorado WHEREAS, the County Attorney's Office and Departments of Public Works have recommended denial of said request since that portion of right-of-way may be needed for the future 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, pursuant to the Weld County Home Rule Charter, Article 3, Section 3-13, the concurrence of three of the members of the Board is required to approve a Resolution, and WHEREAS,due to the lack of a full quorum, the motion to accept the petition received only two votes and therefore failed; and the effect of the failure to obtain a majority vote is a denial of the motion. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from Ben Irelan be, and hereby is, denied. BE IT FURTHER RESOLVED by the Board that the matter may be reconsidered by a full quorum upon the receipt of a resubmittal of said petition. 11111 1111 1111111111 IIII IIIII3JII! I1UJ IIII3532141 01/ 0/200802: 2007-3771 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk:Recorder EG0043 RE: VACATION OF CR 155 BETWEEN COUNTY ROADS 96.5 AND 98 - BEN IRELAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of December, A.D., 2007. BOARD OF COUNTY COMMISSIONERS 4.1113, `,t7 j , WE COUNTY, COLORADO ATTEST: " r ray`9 ^1 t \ •v 0 (AYE) ,1.2, )' David E. Long, Chair Weld County Clerk to the Board` r ,F7-- . s` V 1 --\— / 72,„_( / (AYE) I� '. William H. J k ro-Tem By: Y A / ; (/i Cl%7'yp De ty Cler&to the Boar C1% ! (NAY) William F. Garcia APPRO AS TO F EXCUSED Robert D. Masden ounty Attorney ,a<.h,�. ,T (NAY) Dougla ademacl er Date of signature: 115 115' , 1111 11111 11111111111 1111 1111 1111 III 11111 I I I I I I I I 3532141 01/30/2008 02:48P Weld County, CO 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2007-3771 EG0043 trail-" ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS DATE: 9/26/2007 WELD COUNTY, COLORADO P.O. BOX 758 GREELEY, COLORADO 80632 FROM: (Petitioners): Name Property sec Tp. Range Ben Irelan 1-8-56 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 155 (describe crossroads) between CR 96.5 and CR 98 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_North 1/2 mile between Sections 1 and 2, T8N, R56W, on CR 155 Section Line access for 1/2 mile extends to CR 98 section line of the 6th PM Weld County, Colorado. M:\AGREEMENTS\ROAD PETITION\RoadPetition-Irelan.doe - 1 - The properties and owners of said properties adjoining said right of way are as followsl: 1. Jacob Schramm, 3318 S. Dayton Ct., Denver, CO 80231 2. Gary Dollerschell, 46001 CR 153, Stoneham, CO 80754 3. Howard Hettinger, 13341 CR 8, Merino, CO 80741-9728 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: Power--77401 6tvt,„ ecruc. /Q EA Power-- 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. (CR 155 section line access). I 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. ZThis information may be found by utility locates,title research,review of utility permits issued by the Department of Public Works and site investigation. - 2 - SIGNATURES ADDRESSE 'Y �6o Ben Irelan, Box 60, Stoneham, CO 80754 i' d e4. (�fr J cob Schramm, 3318 S. Dayton Ct., Denver, CO 80231 i/: L _�r/oI E t.tacL A .:4Gary Dollerschell, 46001 CR 153, Stoneham, CO 80754 G Howard Hettinger, 13341 CR 8, Merino, CO 80741-9728 Vd Special Provisions3: As witness, our signatures hereunto annexed and followed by our address this cr / day of pec. , 2007 . M:\AGREEMENTS\ROAD PETITION\RoadPetition-Irelan.doc "(7A,f_c417LA 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 - • °i,, i i,• ' 1:' fs I � r • r a. 4 ;107 k }. b . .� J - - x t • s�' ' In fi 1 % t i .,• 4./0:4Jx� ',' k I;Till Y r y f ._ £n 3s 3, �,§ 111 _ Zs �,. �� "Pi `� • • Y C y ,. pp • ₹t; k sq ,�� Y, dye ti opine ,,,,,,,,::i.:1::.f i ( r. k. I ?• Y Y Y dux a k - a, e 3 r i • s rz..,•,'.: — v _ i�� s it { 1. 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I "ir ii"9 '� r • , a� g p '.”2.4:',-.11; � }� I1 ,e (;H h T 'y e'� X II 1) ✓# 9.Of.f. 1:A 45,kilifi,01141/Wit,17 •"la'n ',15,1411"""k J4 k tNQ# M1 h ; +` F l:r TT igiaf , "f rY.{: < l 6 G try '4 \1 e �x �fx �i�! � '^,�,'aai 1" mx' rp � y i I -•'...-. ` ., I �' s. +j ' !� A k' pi' I t ,- r • Ii S e 4. ' t ` L..OGAN COUNTY.(\/ , , .•I .I • l� ,-1,-,,.., ' t r pn5 Y - -j —C . iriis r , �o -..15_(,i........,. :.11'est of the 8th' riicpa2 J�erididiz• 0 r 1 i i pp„ • �I I ..-,..P".:4::"...'1.: . i } ft j. 1 1 ) i • •.•'.....:.4:•:::::::::: . L . I i • • Li i B -- I • i asuC ...w. aa..Cr > N., . ..__ i I --_--_ --------2:0- • " :• - j t I • • Y ' ' ._ I 4 . .... t ,•. 1: /J y r • -tiy .. _ { rf .. p di • y, •!^I f, NCC +I • g I• �a, n `. ..._.. -. wrnan r- Nua>'art�ar:. ,•• :.: tt r.-�, R-'+ti11tCCIiI Lerida • • '/ -'7 ,p .6,—HomatnaA k7otrr.•• • • .' L Tlwads ou,atbnrr.'ux,,narkal,va wK•mt. ?xz:! // • • •••�h. Y•,a...,Vie. I PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 C y GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 September 28, 2007 Jacob Schramm 3318 S. Dayton Ct. Denver, Colorado 80231 Dear Mr. Schramm: This letter is to notify all property owners utilizing WCR 155 road right-of-way access that there is a road petition to abandon and vacate a portion of the WCR 155 section line. The location is 1/2 mile between Sections 1 and 2 , Township 8 North, Range 56 West. See the enclosed map for the location. This road right-of-way currently provides access to the Irelan, Dollerschell, Hettinger, and Schramm properties within the road petition. Ben Irelan is the petitioner for this request. If you utilize this portion of the road right-of-way for accessing your parcel, please notify me at the Weld County Public Works Department so that your parcel may be identified and arrangements for a reasonable access will be provided if this road petition is approved by the Board of Weld County Commissioners. If the abandonment or vacation is approved, the road right-of-way (section line) access will no longer serve as public right-of-way. As a property owner adjacent to this road petition, you will be asked by the petitioner to sign the road petition; you are not required to sign this petition. If you are not using WCR 155 at this location to access your property, no response is necessary. Sincerely, Donald Carroll I Engineering Administrator Lerram SST Enclosure 5.e a-lr 28 , Z °u1 pc: WCR 155 file M:PLANNING-DEVELOPMENT REVIEW\Cortespondence\WCR 155 petition to abandon doc PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 r � `' GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 September 28, 2007 William Keelan 47490 WCR 155 Stoneham, Colorado 80754 Dear Mr. Keelan: This letter is to notify all property owners utilizing WCR 155 road right-of-way access that there is a road petition to abandon and vacate a portion of the WCR 155 section line. The location is 1/2 mile between Sections 1 and 2 of Township 8 North, Range 56 West. See the enclosed map for the location. This road right-of-way currently provides access to the Irelan, Dollerschell, Hettinger, and Schramm properties within the road petition. Ben Irelan is the petitioner for this request. If you utilize this portion of the road right-of-way for accessing your parcel, please notify me at the Weld County Public Works Department so that your parcel may be identified and arrangements for a reasonable access will be provided if this road petition is approved by the Board of Weld County Commissioners. If the abandonment or vacation is approved, the road right-of-way (section line) access will no longer serve as public right-of-way. As a property owner adjacent to this road petition, you will be asked by the petitioner to sign the road petition; you are not required to sign this petition. If you are not using WCR 155 at this location to access your property, no response is necessary. Sincerely, Donald Carroll Engineering Administrator Enclosure pc: WCR 155 file M:\PLANNING-DEVELOPMENT REVIEW\Correspondence\WCR 155 peftlon to abandon.doc PUBLIC WORKS DEPARTMENT ropy 1111 H STREET, P.O. BOX 758 phi` GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 September 28, 2007 Gary Dollerschell 46001 WCR 153 Stoneham, Colorado 80754 Dear Mr. Dollerschell: This letter is to notify all property owners utilizing WCR 155 road right-of-way access that there is a road petition to abandon and vacate a portion of the WCR 155 section line. The location is 1/2 mile between Sections 1 and 2 of Township 8 North, Range 56 West. See the enclosed map for the location. This road right-of-way currently provides access to the Irelan, Dollerschell, Hettinger, and Schramm properties within the road petition. Ben Irelan is the petitioner for this request. If you utilize this portion of the road right-of-way for accessing your parcel, please notify me at the Weld County Public Works Department so that your parcel may be identified and arrangements for a reasonable access will be provided if this road petition is approved by the Board of Weld County Commissioners. If the abandonment or vacation is approved, the road right-of-way (section line) access will no longer serve as public right-of-way. As a property owner adjacent to this road petition, you will be asked by the petitioner to sign the road petition; you are not required to sign this petition. If you are not using WCR 155 at this location to access your property, no response is necessary. Sincerely, Donald Carroll Engineering Administrator Enclosure pc: WCR 155 file M:\PLANNING-DEVELOPMENT REVIEW\Correspondence\WGR 155 petition to abandon.tloc PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 O I WE ST E: WWW..CO.WELEY, �ELDD.CO 80632 S �® PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 September 28, 2007 Howard Hettinger 13341 WCR 8 Merino, Colorado 80741-9728 Dear Mr. Hettinger: This letter is to notify all property owners utilizing WCR 155 road right-of-way access that there is a road petition to abandon and vacate a portion of the WCR 155 section line. The location is 'A mile between Sections 1 and 2 of Township 8 North, Range 56 West. See the enclosed map for the location. This road right-of-way currently provides access to the Irelan, Dollerschell, Hettinger, and Schramm properties within the road petition. Ben Irelan is the petitioner for this request. If you utilize this portion of the road right-of-way for accessing your parcel, please notify me at the Weld County Public Works Department so that your parcel may be identified and arrangements for a reasonable access will be provided if this road petition is approved by the Board of Weld County Commissioners. If the abandonment or vacation is approved, the road right-of-way (section line) access will no longer serve as public right-of-way. As a property owner adjacent to this road petition, you will be asked by the petitioner to sign the road petition; you are not required to sign this petition. If you are not using WCR 155 at this location to access your property, no response is necessary. Sincerely, Donald Carroll Engineering Administrator Enclosure pc: WCR 155 file M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\WCR 155 petition to abandon.doc PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 September 28, 2007 Donald Mais 76955 State Highway 14 Stoneham, Colorado 80754 Dear Mr. Mais: This letter is to notify all property owners utilizing WCR 155 road right-of-way access that there is a road petition to abandon and vacate a portion of the WCR 155 section line. The location is ''Y2 mile between Sections 1 and 2 of Township 8 North, Range 56 West. See the enclosed map for the location. This road right-of-way currently provides access to the Irelan, Dollerschell, Hettinger, and Schramm properties within the road petition. Ben Irelan is the petitioner for this request. If you utilize this portion of the road right-of-way for accessing your parcel, please notify me at the Weld County Public Works Department so that your parcel may be identified and arrangements for a reasonable access will be provided if this road petition is approved by the Board of Weld County Commissioners. If the abandonment or vacation is approved, the road right-of-way (section line) access will no longer serve as public right-of-way. As a property owner adjacent to this road petition, you will be asked by the petitioner to sign the road petition; you are not required to sign this petition. If you are not using WCR 155 at this location to access your property, no response is necessary. Sincerely, Donald Carroll Engineering Administrator Enclosure pc: WCR 155 file M:\PLANNING-DEVELOPMENT REVIEW\correspondenre\WOR 155 petition to abandon doc ,-,,. PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 September 28, 2007 John Oppenlander Pawnee National Grasslands 660 "O" Street Greeley, Colorado 80631 Dear Mr. Oppenlander: This letter is to notify all property owners utilizing WCR 155 road right-of-way access that there is a road petition to abandon and vacate a portion of the WCR 155 section line. The location is '// mile between Sections 1 and 2 of Township 8 North, Range 56 West. See the enclosed map for the location. This road right-of-way currently provides access to the Irelan, Dollerschell, Hettinger, and Schramm properties within the road petition. Ben Irelan is the petitioner for this request. If you utilize this portion of the road right-of-way for accessing your parcel, please notify me at the Weld County Public Works Department so that your parcel may be identified and arrangements for a reasonable access will be provided if this road petition is approved by the Board of Weld County Commissioners. If the abandonment or vacation is approved, the road right-of-way (section line) access will no longer serve as public right-of-way. As a property owner adjacent to this road petition, you will be asked by the petitioner to sign the road petition; you are not required to sign this petition. If you are not using WCR 155 at this location to access your property, no response is necessary. Sincerely, Donald Carroll Engineering Administrator Enclosure pc: WCR 155 file M:\PLANNING-DEVELOPMENT REVIEW\Correspondence\WCR 155 petition to abandon.doc 100/667 Co. Rd. 155 see County Clerk and Recorder Book 83 page • 404 4/9/1917 Petition to open road; Com- mencing SW corner Sec 36 T 8 R 56; North 6 miles; East 1} mile. Viewers appointed. see Book 15 page 231 5/12/1917 Viewers report approved; declillsd public highway. see Book 15 page 251 Nort 2 a• W 0 ,. I I T.BN. ' II .. y u n u .. • O .s..:. T.7N. r ^y it E • ----a— ... • /00667 P-i i3 155 157 1'76407 9-18-01 Sae, I — Rcog 5c.H.iswn- .1„` - 008 3318 5 • YJOY140 cr EASEMCor- DEAJUE72 / Co. 8623 ( Bn g€ LA &) - o/S' Pt,w.e • 73c - ] •727 130)C.. 40 Ccil 3TONIENAw\ Ice) seise" uslit-LiA4-s. ILEELA__ _ 0/Z 47ygo wc,C KT S To Li H-rt'wS Co . 80754 See a gag, 'DoLLga-SC: Hat-- - 009) 0/3 735-- aCo I( • 4600/ cm. 163 STou€la* ) c.o. 8075 NOW Att. Herr.0c,611_ - 0/2. 13341 CR8 't - 9z LCZ/ 4ER11410I Co. 80'!41- 91 Es Paz Sac 35 No,-+Alto Hein Q tie R ooc/ A• to 0 b i , 61 e ' et 1 D ,Ma . Hwcl - N6 D• 0PF,Ct L/1 SEC. I I .2)thelk 1J IAA IS - coil 7b9SS Huai 1tf 5rowEµA,Y CO. 90154 5EC 12-. U,5 .A , 1cww1 opp'n lav•dar - poC PAu)nte A/ATiew4LL4VDS bso "o 'S>7¢C3T ttnzs�f Co 8D631 4 United States Forest Pawnee 660"0"Street USDA Department of Service National Grassland Greeley, CO 80631 �— Agriculture Voice: (970)346-5000 TDD: (970)346-5015 Web: www.fs.fed.us/r21arnf Fax: (970)346-5014 File Code: 7710 Date: November 5, 2007 Donald Carrol Engineering Administrator Weld County Public Works Department 1111 H Street • Greeley, Boxee , 3 ^ , 7 NOV LL, , I Dear Mr. Carroll: L F i This in response to your letter dated September 28th, 2007 advising us of the proposal to vacate a 'h mile portion of the Section Line ROW for WCR 155 between Sections 1 and 2 of T8N, R56W. We have reviewed our records and find that this portion of WCR 155 does not provide access to any National Forest System lands administered by the Pawnee National Grassland. As a result, we have no objections to this proposed action. Please contact John Oppenlander of my staff should you have any questions. John can be reached by phone at (970) 346-5005 or via email at joppenlander@fs.fed.us. Sincerely, bn STEVEN R. CURREY District Ranger Attachment cc: Todd Rivas, SO Caring for the Land and Serving People Panted on Recycled Paper 4� 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 17, 2007 TIME: 9:00 a.m. APPLICANT: Ben Irelan P.O. Box 60 Stoneham, Colorado 80754 REQUEST: Petition to Vacate a portion of County Road 155, between County Roads 96.5 and 98, 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 between the north one-half mile of Sections 1 and 2, Township 8 North, Range 56 West of the 6th P.M., Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 7, 2007 2007-3771 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 7th day of December, 2007. BEN IRELAN PO BOX 60 STONEHAM CO 80754 JACOB SCHRAMM 3318 S DAYTON CT DENVER CO 80231 GARY DOLLERSCHELL 46001 CR 153 STONEHAM CO 80754 HOWARD HETTINGER 13341 CR 8 MERINO CO 80741-9728 WILLIAM KEELAN 47490 CR 155 STONEHAM CO 80754 DONALD MAIS 76955 STATE HWY 14 STONEHAM CO 80754 C/O JOHN OPPENLANDER PAWNEE NATL GRASSLANDS 660 "O" ST GREELEY CO 80631 V&& M Dep Clerk t the Board Elizabeth Strong From: Bruce Barker Sent: Tuesday, December 18, 2007 1:41 PM To: Elizabeth Strong Subject: RE: tied motion They did not set a date. What they wanted to do was allow the opportunity for the applicant to submit another petition for the same roadway. It will be up to the applicant to submit and therefore the timing is up to him. Original Message From: Elizabeth Strong Sent: Tuesday, December 18, 2007 11:43 AM To: Bruce Barker Subject: tied motion Hi there. Remember that road vacation petition on Monday that failed due to a tie? I remember all of the Board members stated they did not object to hearing the matter again when all five board members are in attendance but I don't believe a date was set. January 7th all of the Board members are scheduled to be here. Do you know when the Board intended to return to the matter? Elizabeth 1 Hello