The URL can be used to link to this page

Browse Search

Home My WebLink About20062731.tiff o= RESOLUTION RE: ACTION OF THE BOARD CONCERNING MINOR RESUBDIVISION, RS #1072, FOR VACATION OF CERTAIN ROADS, STREETS, OR ALLEYS (MUSTANG AVENUE) WITHIN GREEN ACRES SUBDIVISION - DENNIE HOFF / RONALD AND SALLY HARMS 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 request from Dennie Hoff, 2727 Arabian Avenue, Brighton, Colorado 80603, and Ronald and Sally Harms, 17486 Weld County Road 8, Brighton,Colorado 80603,for Minor Resubdivision, RS#1072,for vacation of Mustang Avenue in Green Acres Subdivision; being part of the N 1/2 of Section 24,Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS,a hearing before the Board was held on the 29th day of December, 2004, at which time the Board deemed it advisable to continue said matter to January 19,2005, at 9:00 a.m.; then to January 18, 2006, at 9:00 a.m.; then to March 20, 2006, at 9:00 a.m.;then to June 5,2006, at 9:00 a.m.; then to June 12, 2006, at 9:00 a.m.; and then to October 2, 2006, at 9:00 a.m., and WHEREAS, at said hearing on the 2nd day of October,2006,the applicants were present, and requested that the application for Minor Resubdivision, RS #1072, be withdrawn, and WHEREAS,the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicants and deemed it advisable to allow the application to be withdrawn. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the application for Minor Resubdivision, RS#1072,for Vacation of Certain Roads, Streets, or Alleys(Mustang Avenue)within Green Acres Subdivision, on the hereinabove described parcel of land be, and hereby is, withdrawn. I ION Illfi 11! 3432034 2 R 0.00 1 /2 1 DIIII 1111111 11111 1111 0.00 611:01A Moreno Clerk$ Recorder 2006-2731 p� � �� GREEN ACRES SUBD (Pfd '. � "41//TL 2,41)L //- O: -d6 RESUBDIVISION (RS #1072) - DENNIE HOFF/ RONALD AND SALLY HARMS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2n ay of October, A.D., 2006. OARD OF C NTY COMMISSIONERS v7' ELD COU , COLORADO °`.� ATTEST: et J L) o , J. eile, Chair Weld County Clerk to the B EXCUSED David E. Long, Pro-Tem BY. ^mil ihCL Depu Clerk t e Board William H. Jerke ASP V D AS T M: EXCUSED Robert D. Masde tto ney ...ASPO 9AAA.1 VaieteCI 1L,I IC Glenn Vaad Date of signature: / 11111111111111111111111IIIIIIII1111111III11111It0IIII 3432034 11102/2006 11:01A Weld Coonty, C 2006-2731 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder GREEN ACRES SUBD f ^ 1 LAND USE APPLICATION WIIDc. SUMMARY SHEET COLORADO Case Number: RS-1072 Hearing Date: December 29, 2004 Planner: J. Hatch Applicant &Address: Dennie Hoff, 2727 Arabian Ave, Brighton CO 80603 Ronald and Sally Harms, 17486 CR 8, Brighton CO 80603 Request: Resubdivision for the Vacation of Road, Street or Alley Right of Way (Mustang Avenue) within Green Acres Subdivision. Legal Description: Mustang Avenue in Green Acres Subdivision being part of the N2 of Section 24, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location: South of and adjacent to County Road 8; approximately 1/2 mile west of County Road 37. Adjoining Parcel Numbers: 1471 24 103009, 1471 24 103003, 1471 24 100006, 1471 24 000016, and 1471 24 200023 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Resubdivision is listed in Section 24-5-20 of the Weld County Code. The Department of Planning Services' Staff has received responses from the following agencies: • Weld County Department of Public Health and Environment, referral received November 3, 2004 • Weld County Department of Public Works, referral received December 2, 2004 • Weld County Code Compliance, referral received October 13, 2004 • Town of Hudson, referral received November 10, 2004 • Town of Fort Lupton, referral received October 19, 2004 • Adams County, referral received October 19, 2004 RS-1072-Vacation of Mustang Avenue,Green Acres Subdivision Page 1 2006-2731 ?Atrial \ RESUBDIVISON FOR THE VACATION OF ROAD, I STREET OR ALLEY RIGHT OF WAY WI`Pc. ADMINISTRATIVE REVIEW COLORADO Case Number RS-1072 Hearing Date: December 29, 2004 Planner: J. Hatch Applicant & Address: Dennie Hoff, 2727 Arabian Ave, Brighton CO 80603 Ronald and Sally Harms, 17486 CR 8, Brighton CO 80603 Request: Resubdivision for the Vacation of Road, Street or Alley Right of Way (Mustang Avenue) within Green Acres Subdivision. Legal Description: Mustang Avenue in Green Acres Subdivision being part of the N2 of Section 24, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location: South of and adjacent to County Road 8; approximately 1/2 mile west of County Road 37. Adjoining Parcel Numbers: 1471 24 103009, 1471 24 103003, 1471 24 100006, 1471 24 000016, and 1471 24 200023 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24-5-20.E of the Weld County Code. 2. It is the opinion of the Department of Planning Services' Staff that the application has shown compliance with Section 24-5-20 of the Weld County Code, as follows: A. Section 24-5-20.A—There is right-of-way shown on an approved plat or map that has not been used for its intended purpose for the last twenty-one (21) years or since the recording of the approved plat. Green Acres Subdivision was recorded on September 18, 1967. Mustang Avenue located on the western side of the subdivision was never constructed. The purpose of Mustang Avenue was to gain access to Lot 1 and Lot 3. The Harms currently owned both lots and accesses Lot 1 directly off of County Road 8. Lot 3 is currently vacant. As a condition of approval the Harms be required to either apply for and be approved for a Resubdivision for Redesign, Addition or Vacation to combine Lot 1 and Lot 3 as to not create an island lot or only partially vacate Mustang Avenue leaving access to Lot 3. RS-1072-Vacation of Mustang Avenue,Green Acres Subdivision Page 2 B. Section 24-5-20.B - Seventy percent (70%) of the landowners adjacent to the proposed right-of-way vacation waive any objection to the vacation by signing a petition. There are five properties that are adjacent to Mustang Avenue and all five have signed a petition stating that they do not object to this vacation. C. Section 24-5-20.C — The vacation shall only be permitted when it is compatible with the surrounding area and uses, is consistent with efficient and orderly development, is consistent with Chapter 22 of the Weld County Code and does not deprive any parcel of adequate access to a public road or street right-of-way. All surrounding property has adequate access to a County Road or internal subdivision road. The Harms currently owned both lots and accesses Lot 1 directly off of County Road 8. Lot 3 is currently vacant. As a condition of approval the Harms will need to either apply for and be approved for a Resubdivision for Redesign, Addition or Vacation to combine Lot 1 and Lot 3 as to not create an island lot or only partially vacate Mustang Avenue leaving access to Lot 3. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording Resubdivision Plat: A. All pages of the plat shall be labeled RS-1072. (Department of Planning Services) B. The applicant shall complete one of the following items as to not create an island lot. 1. An approved and finalized Resubdivision for Redesign, Addition or Vacation to the Department of Planning Services for review and approval to combine Lot 1 and Lot 3 in compliance with Section 24-5-40 of the Weld County Code. Or 2. The resubdivision plat for RS-1072 shall illustrate that Mustang Avenue will still provide access to Lot 1 and 3 by vacating that portion south of Lot 3. (Department of Planning Services) C. The plat shall include a utility services statement block in accordance with Section 24-4-40.D.7.J of the Weld County Code. The applicants shall obtain sign-off from the utility providers prior to recording the plat. The utility name and signature shall be on the plat. (Department of Planning Services & Utility Board) RS-1072-Vacation of Mustang Avenue, Green Acres Subdivision Page 3 D. The plat shall delineate a twenty foot (20') utility easement where Mustang Avenue is currently located or adjacent to Mustang Avenue if the road is not entirely vacated. (Department of Planning Services & Utility Board) E. The following notes shall be placed on the plat: 1. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 2. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 3. The applicant shall submit a digital file of all drawings associated with the Resubdivision application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). (Department of Planning Services) 4. Upon completion of items #1 and #2 above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-4-40.D.6 through D.9 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. RS-1072-Vacation of Mustang Avenue,Green Acres Subdivision Page 4 Page 1 of 1 Esther Gesick From: Jacqueline Hatch Sent: Tuesday, April 18, 2006 11:59 AM To: Esther Gesick Subject: RS-1072 Vacation of Mustang Ave Esther, I just wanted to give you an updated list of the surrounding property owners for the vacation of Mustang Ave(RS- 1072). It is scheduled for the BOCC on June 5th 9:00am. It has been continued multiple times. Harms 17486 CR 8 Brighton CO 80603 Crabdree 2727 Arabian Ave Brighton CO 80603 Fritz 2717 Arabian Ave Brighton CO 80601 Bowman 17200 CR 8 Brighton CO 80601 Frisk 17400 CR 8 Brighton CO 80601 THANKS!! if you have any questions just let me know Jacqueline 4/18/2006 MEMORANDUM TO: Board of County Commissioners DATE: March 14, 2006 COLORADO FROM: Jacqueline Hatch, Planner II SUBJECT: RS-1072 Ronald and Sally Harms have applied for a resubdivision for the Vacation of Road, Street or Alley Right of Way (Mustang Avenue) within Green Acres Subdivision. The Department of Planning Services has received the attached e-mail dated March 14, 2006 requesting that the application be continued indefinitely due to the notification of property owners. Staff is in full support of this request and is requesting that the case be continued indefinitely to allow all the current property owners to resolve their concerns. Page 1 of 1 Jennifer VanEgdom From: Jacqueline Hatch Sent: Tuesday, March 14, 2006 3:41 PM To: Jennifer VanEgdom Subject: FW: Mustang Ave. hearing Attachments: rs1072cont.bocc.doc Jenny, I have attached a memo from staff requesting this case scheduled for Monday be continued indefinitely. The email mentioned in the memo is below. If you have any questions please do not hesitate to contact me. Thanks, Jacqueline From: SALLY HARMS [mailto:srharms@msn.com] Sent: Tuesday, March 14, 2006 9:32 AM To: Jacqueline Hatch Subject: Mustang Ave. hearing Since the ownership and development of the property supposedly requiring Mustang Ave. for access is still indeterminate we would like to request that the hearing on our petition to vacate Mustang Ave. be postponed indefinitely. Thank you for your patience in the consideration of this matter. Ronald & Sally Harms 3/14/2006 Page 1 of 1 Jennifer VanEgdom From: Jacqueline Hatch Sent: Wednesday, March 15, 2006 3:23 PM To: Jennifer VanEgdom Subject: FW: Mustang Avenue Vacation This also came in regarding the vacation of Mustang Ave scheduled for Monday. THANKS From: ANKEKAI@aol.com [mailto:ANKEKAI@aol.com] Sent: Wednesday, March 15, 2006 7:27 AM To: Jacqueline Hatch Subject: Mustang Avenue Vacation Dear Ms. Hatch, Because ownership of said property requiring Mustang Avenue for access is unknown at this time, we wish to continue the vacation of Mustang Avenue indefinitely. Sincerely, Anke Kai Crabdree Timothy L Crabdree 2727 Arabian Ave Brighton CO 80603 (303)659-4994 3/15/2006 a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 918 10'h STREET ikGREELEY, COLORADO 80631 COLORADO October 12, 2004 Ron &Sally Harms 17486 CR 8 Brighton CO 80603 Subject: RS-1078- Request for a Vacation of Road, Street, Alley Right of Way on a parcel of land described as Mustang Avenue in Green Acres Subdivision; part of the N2 Section 24, Ti N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, December 9, 2004, at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County Department of Planning, 918 10th Street, Greeley, Colorado. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Brighton, Fort Lupton, Hudson and Lochbuie Planning Commission for their review and comments. Please call Brighton at 303- 655-2023, Fort Lupton at 303-857-6694, Hudson at 303-536-9311and Lochbuie at 303-655-9308 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Brighton, Fort Lupton, Hudson and Lochbuie Planning Commission meeting to answer any questions the Commission members may have with respect to your application. The Department of Planning Services' staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, Jacqu a Hatch Plan r DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 918 10th STREET IGREELEY, COLORADO 80631 C. COLORADO October 13, 2004 Dennie Hoff 2727 Arabian Ave Brighton CO 80603 Subject: RS-1078- Request for a Vacation of Road, Street, Alley Right of Way on a parcel of land described as Mustang Avenue in Green Acres Subdivision; part of the N2 Section 24, T1 N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, December 9, 2004, at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County Department of Planning, 918 10th Street, Greeley, Colorado. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Brighton, Fort Lupton, Hudson and Lochbuie Planning Commission for their review and comments. Please call Brighton at 303- 655-2023, Fort Lupton at 303-857-6694, Hudson at 303-536-9311 and Lochbuie at 303-655-9308 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Brighton, Fort Lupton, Hudson and Lochbuie Planning Commission meeting to answer any questions the Commission members may have with respect to your application. The Department of Planning Services'staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, Jacque) a Hatch Planne . , ♦+r+� e �- •a. gyp * t• • .. ti g�.� • . _ , • _ _ �'a .(..satin' _,. FIELD CHECK Inspection Date: 10/13/04 APPLICANT: Dennie Hoff, Ronald and Sally Harms CASE#: RS-1072 REQUEST: Resubdivision for the Vacation of Road, Street or Alley Right of Way. The Resubdivsion will vacate Mustang Avenue in the Green Acres Subdivision. LEGAL: Mustang Avenue in Green Acres Subdivision Pt. N2 Section 24, T1N, R66W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to CRS; and approximately Y mile west of CR 37 PARCEL ID#: 1471 24 103009, 1471 24 103003, 1471 24 100006, 1471 24 000016, 1471 24 200023 Zoning Land Use N A (Agricultural) N A (Agricultural) E A (Agricultural) E A (Agricultural) S A (Agricultural) S A (Agricultural) W A (Agricultural) W A (Agricultural) COMMENTS: No access located in the area of Mustang Avenue Landscaped with trees Fences are blocking l Jacqu ne Hatch, Planner ORIGINALS APPLICATION TO VACATE MUSTANG AVE. R� Cade 303- ' ' 9- w9 4/9 I' • RESUBDIVISION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE #ASSIGNED__ APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number _ 1 .j Zj_ - 2 A _ 1 ' - 0 Q3,_ (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being Included in the application area. If additional space is required,attach an additional sheet) Legal Description GA1-5 BLK1 GREEN ACRES Property Address(If Applicable) 2727 Arabian Ave Section 24 , Townsltip0l North, Range 66 West Existing Zone District : Proposed Zone District: Total -4 Acrea e. Proposed #/Lots Average Lot Size: —— g '5-�- p Minimum Lot Size: 'Rrepose4Subdivision Name: Green Acres FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: Dennie L. Hoff Work Phone#303—Fi5 —4 1 "NomePhone#303-659-2232 Email Address Address: 2727 Arabian Ave. City/State/Zip Code Bribhton, CO 80603 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) • Name: SAME AS FEE OWNER Work Phone# Home Phone# Address Email Address City/State/Zip Code UTILITIES: Water: Well Sewer: Septic Gas: Xcel EIQCtrIC: rTn i t Pd Pn a Phone: west DISTRICTS: School: Weld Co RE3J Fire: Hudson Post: Brighton I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corpdration is the fee owner,notarized evidence must be Included Indicating the signatory has the legal authority to sign for the corporation.I(we),the undersigned hereby request the Department of Planning Services to review this resubdivision for the vacation of right-of-way on the following described unincorporated area of Weld County. Signature: Owner or Auth d Agent Date Signature: Owner or Authorized Agent Date -3- 2 • RESUBDIVISION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# IS CASE #ASSIGNED: _ APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 4 7 1 _ - 2 4 - 1 - _Q_3_ - 0 0 9 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office.or www.co.weld.co.us). (Include all lots being Included in the application area. If additional space is required,attach an additional sheet) GREEN ACRES Legal Description GA L1 & L3 & PT L2 ELM Section 24 TownshipOi North, Range 66 West Property Address(If Applicable) 17486 WCR 8 Existing Zone District : Proposed Zone District: 4. 22 pTotal Acreage' Proposed #/Lots_ Average Lot Size: Minimum Lot Size: -P-rcposatlSubdivision NarneOraan Acres FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: Ronald R. & Sally A. Harms Work Phone#None Home Phone#303-659-4949srharm res iian acom rm Email Addresssr�tarms@msn.com Address:17486 WCR 8 City/State/Zip Code Brighton, CO 80603 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) 'SAME AS FEE OWNERS Name: • Work Phone# Home Phone# Email Address Address: City/State/Zip Code UTILITIES: Water: Well Sewer: Septic Gas: Xcel Electric:Tin tad Anwar Phone: Qwest DISTRICTS: School: Weld Co. RE3J Fire: Hudson Post: Brighton I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,notarized evidence must be Included Indicating the signatory has the legal authority to sign for the corporation. I(we),the undersigned hereby request the Department of Planning Services to review this resubdivision for the vacation of right-of-way on the following described unincorporated area of Weld County. 7-oti C[. 'ern 9- a7-o5/ Signature: Owner or Authorized Agent Date Sig ature: Owner or Authorized Agent Date ' -3- 3 PETITION TO VACATE ROAD, STREET OR ALLEY RIGHT-OF-WAY Petition to Vacate Mustang Ave. betweenWCR 8 & Parcel #1471 24 1 00 006 Name of road, street, or alley 17486 WCR 8 and 2717 Arabian Ave. Address location Address location Do not sign this petition unless you are the"owner"of real property adjacent to the road, street, or alley proposed for vacation. An owner is a person holding fee title to real property. You are an"owner"if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In that instance, the seller may not sign this petition. We,the,undersigned owners of property adjacent to Mustang Ave. object to this vacation. proposed for vacation do not Do not sign Mr. and Mrs., sign individually. Do not sign unless you have read all of the petition. Siglture ., Mailing Address Telephone/1 Date of Signing �� ✓ nom . %7/ r� Goc !Z 301 --G>i- Y94 9 -) 2 -cry 6. � _Atyri , / Nice &k g_ 9 -a3 CV STATE OF COLORADO ) COUNTY OF WELD ss. AFFIDAVIT OF CIRCULATOR 1 I, being first duly sworn,depose and say that my address is 2717 ,4cb,y , I the petition, that each signature hereon was affixed in my presence, and that each signature hereon is asignature of the person that purports to be,and that to the best of my knowledge and belief, each person signing the petition was, at the time of signing, an "owner"of real property adjacent to the proposed right-of-way vacation. "§� Signature of Circulator Printed Name J SUBSCRIBED AND SWORN to before me this day of 3€ tek h-er WITNESS my hand and official seal. / ate/ 44-) i A My commission expires: ��2jn / 2Gefn?(�r �1lT' NotaryPubli / My Commission Expires TERESA GEBHART �) November 6,2007 NOTARY PUBLIC,STATE OF COLORADO / -5- PETITION TO VACATE ROAD, STREET OR ALLEY RIGHT-OF-WAY Petition to Vacate Mustang Ave. between WCR 8 & Parcel #1471 24 1 00 006 Name of road, street, or alley 17486 WCR 8 and 2717 Arabian Ave. Address location Address location Do not sign this petition unless you are the"owner"of real property adjacent to the road, street, or alley proposed for vacation. An owner is a person holding fee title to real property. You are an"owner"if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In that instance, the seller may not sign this petition. We. the undersigned owners of property adjacent to Mustang Ave.object to this vacation. Proposed for vacation do not Do not sign Mr. and Mrs., sign individually. Do riot sign unless you have read all of the petition. Signature Mailing Address Telephone# alert� /l i� ,�— P Date of Signing 9�� ^�J 27/7,7Aehel.de ,graMy -3Q3-Cs7*lac 7-299' ! )CC) .9 7/7 autim,,,..ey Guar BiuoGj 3 03-(0_77-90 7,6 ?-,2-O• .27 iffe b • d � � 303-65'9-2232 7-flay STATE OF COLORADO ) COUNTY OF WELD ss. AFFIDAVIT OF CIRCULATOR I, being first duly sworn,depose and say that my address is /7 9e6 tt,e it C / 8 I have circulated the petition, that each signature hereon was affixed in my presence, and that each signature hereon is a signature of the person that purports to be,and that to the best of my knowledge and belief, each person signing the petition was, at the tirhe of signing, an "owner"of real property adjacent to the proposed right-of-way vacation. 0Aa /1 /id o11rs Signature of Circulator Printed Name SUBSCRIBED AND SWORN to before me this c2?3-tin day of 5 ep 1-eni eU , 4Uoy . • WITNESS my hand and official seal. Se6 le a, QeUe✓e-- My commission expires: Notary Public My Commission Expires TERESA ( EBHART November 6,2007 NOTARY PUBLIC,s -I E OF COLORADO -5- October 10, 2004 Re: Vacating Mustang Ave. We are currently enduring a situation that has caused my home and my family a lack of privacy and distress. Mr. Parker with Land Home Development Co. has deemed it necessary to use Mustang Ave. to gain short cut access to property (parcel #-147124200024). This road has never been accessed since the sub-division was built back in 1967. Mr. Parker is currently in the process of tearing down my fence and putting up a gate. During this time, they have been on my property, leaving the security of my home violated. Mr. Parker has convenient access to his property from WCR 8, and there is no reason for him to come through my property to gain access to his. Mustang Ave. does not come near the Land Home Developments Parcel. All of the utility easements for parcel #'s-147124200024, 147124200023, are better and safer accessed from WCR 8 and Speer Canal. Since 1997 I have maintained this 40' of Mustang Ave. which is all natural grass and has been for 30 years. Prior to 1997 the land was maintained by the previous owner, Jack Simpson. To the best of my knowledge, our surrounding neighbors (petition attached), are in agreement with myself, and Mr. and Mrs. Harms, with the vacating of Mustang Ave. Please consider my request for the above mentioned vacating. Any response would be greatly appreciated. Thank you in advance. Sincerely, Dennie L. Hoff 'J Ronald & Sally Harms 17486 Weld County Rd. 8 Brighton, CO 80603 September 20, 2004 Weld County Planning Dept . Weld County Public Works Dept. Weld County Attorney Re : Request to vacate Mustang Ave. The original purpose of Mustang Ave . was to provide access to Green Acres subdivision lot #3 . Green Acres lots #1 , part of lot #2 and all of lot #3 were purchased by my wife and I in 1975. We never had any intent to sell lot #3 , and in June of 2002 the Assessor ' s Office allowed us to combine all 3 of our lots into one parcel . Our house is on lot #1 , our well on Lot #2 , and Lot #3 has big cottonwood trees which we have always pastured sheep on and considered it to be our "backyard" . Also, the Mustang Ave . right-of-way comes to within 15 ' of our house and we didn ' t want a road there. (The house was on the property when we purchased it . ) If the roadway were widened to the full 40 ' it would destroy 10 big mature cottonwood trees. There is no reason for Mustang Ave. to have extended onto lot #5 because there is better access to lot #5 from Arabian Ave. It never occurred to us that someone outside of the subdivision would claim right to use Mustang Ave, in fact over the 29 years we 've lived here we pretty much forgotten that the right-of-way even existed. Mr. Trenton Parker from Land Home Development came this Spring and said he was going to start using the road for agricultural purposes . His land, parcel #147124200024, does not border Mustang Ave. He said he had permission to go through parcel #147124200023 . I told him I ' d rather he didn' t open the road past our property. I called the County Road department and was told that it was "on the map" and I had to let him through. Mr. Parker proceeded to cut and trim trees and install barricades and a stop sign. He did not at this time clear the entire 40 ' right-of-way. I can ' t help but feel that some day he will want to develop his property and he "discovered" Mustang Ave. on a map and is trying to claim right to it for future development . All of the previous owners , including Mr Parker, have used County Road 8 , which is a paved road, as 2 well as County Road 35 and the Speer canal road for access to their land. I realize that I am kind of making this application after the fact, but Mr. Parker is a very intimidating person and I was led to believe that I had no recourse other than Court , and we don' t have the funds for something like that . This also affects my neighbor, Dennie Hoff, the owner of lot #5. He called the Planning Department and was told that we could use a petition to vacate to correct the situation. Again, we and Dennie Hoff contend that the intended purpose of Mustang Ave. was to provide access to Green Acres lots # 3 & 5 . Mustang Ave. has never been and never will be needed for that purpose, and request the County to vacate this road . We and Dennie Hoff are, of course, quite willing to grant utility easement as necessary along the west side of our properties where Mustang Ave . is now located. Thank you for considering this matter for us, Ron & Sally Harms B n 'Y 'ten. it-- ' i ..i ,k j 41-.1e,,,,.,p P i y. •. ,- tr._�t i-.�t , - , • t VYi-r '''j+i.. ..'.. AL*-::: �j55 �Ikl� 4' ito Yi:' ; T.: t 'N S I. ' .i T"/-•°app y.• �1p� Aw a ,lam se IA,at, - , ... - I included these pictures ..-,. just to illustrate the fact ' ` .I • that there is no evidence 4, <' of a road prior to this , ;' _ summer. . ' ' . 4 (The stop •z.: L , p sign & st,r barricades were all 4.,w A n ibs installed by . Mr. Parker.) 9 Statement regarding utility easements pertaining to the vacation of Mustang Ave. All utility easements will remain as per original Green acres subdivision plat. This would include the addition of a 20 ' easement on the west edge of lots 1 , 3 . and 5, which replaces Mustang Ave. The map we have does not show the entire subdivision, but it does include all effected parcels. An overview map is also included. (b WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 Road File#: Date: RE# : Other Case #: Dennie Hoof and 303-659-2232 1. A.pplicant Name Ron & Sally Harms Phone 303-659-4949 Addregn27 Arabian & 17486 WCR 8 CityBrighton, State CO Zip 80603 2. Address or Location of Access j,„„ wew wrR R K. 9717 Arabian Avg.. Section 24 Township 01 Range 66 SubdivisiorGreenacrl®ek 1 Lot 1 . 3 & 5 Weld County Road #: 8 Side of Road Distance from nearest intersection z mi . -. 3. Is there an existing access(es) to the property? Yes X No # of Accesses 1 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural U Industrial U Temporary U Subdivision LI Commercial U Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential • = Oil & Gas D.R. = Ditch Road + i kR “- O&GO = House f{rL �s 1_ //s .„ r O = Shed I _Li 1 - /J,Irc " A = Proposed Access ? F A = Existing Access ti d - 1 S- :P` - 1, Ni L,. i/J 6,../w. A better Photographic (� overview map is included I in the packet OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 9 ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- f V ` Name: J'l=N/j t c` + i� o /•4037,-.-n —r- � N el� — 0 k5 I Court Towns&Cities �jAfiomey Fire Districts Ault Ault F-1 Health Department _Berthoud Berthoud F-2 _Extension Office L,6rightan 5riggsdale F-24 _Emergency Management Office-Ed Herring —Dacono Brighton F-3 -__-Sherrffs Office t Eaon — Eaton F-4 Public Works _„-Erie —Fort Lupton F-5 _-Housing Authority Evans . Galetdn F-6 Airport Authority —Firestone •� Building Inspection on F-7 `Fort Lupton ,_Johnstown F-8 Code Compliance - Frederick LaSalle F-9 Garden City Mountain View F-10 Kim Ogle(Lardsca,:e F'Ian>:.t ._Gilcresf Milliken F.11 Lin or Peggy(Address;:,i.':;'angi.of=one Greeley ' Nunn F-12 • —Ambulance Ser;i_es Grover —Pawnee F-22 State Hudson —Platteville F-13 Div.of Water Resources -- .�Johnstown —Platte Valley F-14 _Geological Survey Keenesburg -•__Poudre Valley F-15 _Department of Health Kersey —Raymer F-2 —Department of Transportation —LaSalle —Southeast Weld F-16 Historical Society Nochbuie —Union Colony F-26 —Water Conservation Board —Longmont �Western Hills F-20 _Oil&Gas Conser:alion Commission —Mead •' Wiggins F-18 Division of Wildlife Wliiliken _South Hwy 66(Loveland) — �NlndsodSeverance F-17 New Raymer r-e,...) r�e C North Hwy 66(Gres!=:i R--,4-)z- / 'M -. —Nerthglenn Legal � �-_-�� !S 6 Division of Minerals i= i...,vy —,Munn Parce l ID# Soil Conservation Districts Pierce Zone Acres? _Big Thompson Platteville USDA (Ytiirs _Boulder Valley Severance i� Airport Brighton . Thornton Geo Haz kit) . Centennial �Windsor —Fort Collins - FP? _Panel# Counties • Road Impact Fee Area? 'A1 _Greeley D4darns • y, _Longmont V_-_Boulder IGA? ORD# -- Morgan Broomfield �� Platte Valley MUD? Lorimer Southeast Weld Other • ____JJ l s 11 \ { ._siAdr —Central Colo.Water Conservancy Dist (-0Feciezaf Gov gencies �Left Hand Water • _US Army Corps of Ergr; / if1 ‘[ ):_l_ School District RE- 2 ) - ___, _USDA-APHIS Vet Service Art Elmquist(MUD Area) 1 _Federal Aviation Adrrin(Structures over ADiich Company 5 +ykrr. C,tr&JO— over 200 ft or wrin 200e0 ft:. PO Airport Cg.mmtssioner J (. ( -`�' _Federal Communicsticr 7 -nr:r; - f I f Weld County Planning Department 60 (ie 0 GREELEY OFFICE h r 053' NOV 1 5 2004 Cc RECE V 3 iiiipe, Weld County Referral October 12, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Dennie Hoff, Ronald and Case Number RS-1078 Sally Harms Please Reply By November 9, 2004 Planner Jacqueline Hatch Project Resubdivision for the Vacation of Road, Street or Alley Right of Way. The Resubdivision will vacate Mustang Avenue in the Green Acres Subdivision. Legal Mustang Avenue in Green Acres Subdivision; Pt of the N2 Section 24, T1 N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 8 and approximately 1/2 mile west of CR 37 Parcel Number 1471.24 1030009, 1471 24 103003, 1471 24 100006 & 1471 24 200023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Utility Board Hearing (if applicable) December 9, 2004 Crl We have reviewed the request and find that it does/does not comply with our Comprehensive Plan )9 We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: Signature c)Ct�� ift Date l 13/!AAgency WC,pp '�'�j 111 1 +Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 ❖(970)353-6100 ext.3540 &(970)304-6498 fax �ctQ • Weld County Referral rs C. October 12, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Dennie Hoff, Ronald and Case Number RS-1078 Sally Harms Please Reply By November 9, 2004 Planner Jacqueline Hatch Project Resubdivision for the Vacation of Road, Street or Alley Right of Way. The Resubdivision will vacate Mustang Avenue in the Green Acres Subdivision. Legal Mustang Avenue in Green Acres Subdivision; Pt of the N2 Section 24, Ti N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 8 and approximately 1/2 mile west of CR 37 Parcel Number 1471.24 1030019, 1471 24 103003, 1471 24 100006 & 1471 24 200023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Utility Board Hearing (if applicable) December 9, 2004 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ix We have reviewed the request and find no conflicts with our interests. ❑ See attache � Vt (S attached letter.` f� Comments; ' MO (% rcnl j ci LCfI e (ZW\pt r r1 rwTh V I t51ainc po (A,ex-c.. neykr i. Signature � �e y �� Date it I _ry I Agency �v 'iQ �irs-r ` ttAr , r �"1 +Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax NOV. -11' 04 (THU) 07 : 51 TOWN OF HUDSON. COLORADO TEL: 303 536 4753 P. 001 criote WillO Weld County Referral C. COLORADO October 12, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Dennie I-foff, Ronald and Case Number RS-1078 Sally Harms Please Reply By November 9, 2004 Planner Jacqueline Hatch Project Resubdivislon for the Vacation of Road, Street or Alley Right of Way. The Resubdivision will vacate Mustang Avenue in the Green Acres Subdivision, Legal Mustang Avenue in Green Acres Subdivision; Pt of the N2 Section 24. TIN, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR a and approximately%z mile west of CR 37 Parcel Number 1471,24 1030009, 1471 24 103003, 1471 24 100006 & 1471 24 200023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Utility Board Hearing (if applicable) December 9, 2004 rJ We have reviewed the request and find that 8 does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑. See attached letter. Comments: Signature �� CC Date Vo do Agency vris¢t P/r/rn.:fy *Weld County Planning Dept. •cia 16"Street,Greeley,CO.80671 8(970)353-6100 cx[.3540 +(970)304-6499 Su( 11 Weld County Planning Department GREELEY OFFICE f OCT 2 5 2004 RECEIVED Weld County Referral WI I DC. October 12, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Dennie Hoff,Ronald and Case Number RS-1078 Sally Harms Please Reply By November 9, 2004 Planner Jacqueline Hatch Project Resubdivision for the Vacation of Road, Street or Alley Right of Way. The Resubdivision will vacate Mustang Avenue in the Green Acres Subdivision. Legal Mustang Avenue in Green Acres Subdivision; Pt of the N2 Section 24, Ti N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 8 and approximately 1/2 mile west of CR 37 Parcel Number 1471.24 1030009, 1471 24 103003, 1471 24 100006 & 1471 24 200023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Utility Board Hearing (if applicable) December 9, 2004 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature/ Date ,/(1',6 y Agency T Lift reP / +Weld County Planning Dept. +918 10th Street,Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax OCT-20-2004 07:53 FROM-ADAMS COUNTY PLANNING +3038537015 T-998 P.001 F-267 '\y 1. �� Weld County Referral C l OCT 1 5 2004 October 12, 2004 COLORADOPLANNING&L1cvElj3PMENT The Weld County Department of Planning Services has received the following item for review: Applicant Dennis Hoff, Ronald and Case Number RS-1078 Sally Harms Please Reply By November 9, 2004 Planner Jacqueline Hatch Project Resubdivision for the Vacation of Road, Street or Alley Right of Way. The Resubdivision will vacate Mustang Avenue in the Green Acres Subdivision. Legal Mustang Avenue in Green Acres Subdivision; Pt of the N2 Section 24,T1 N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 8 and approximately'/:mile west of CR 37 Parcel Number 1471.24 1030009, 1471 24 103003, 1471 24 100006& 1471 24 200023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated- Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Utility Board Hearing cif applicable) December 9, 2004 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑.. See attached letter. Comments: Signature Date f o/MAY Agency �_ /44 ,.s Cr-. *Weld County Planning Dept. 4918 t0'"Sweet,Greeley,CO.80631 4(970)353.6100 eet.3540 +(970)304-6498 fax 12/09/2004 14: 34 3034851968 ST VRAIN SANITATION PAGE 01/01 ret O Weld County Referral �. COLORADO October 12, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Dennie Hoff, Ronald and Case Number RS-1078 Sally Harms Please Reply By _November 9,2004 Planner Jacqueline Hatch Project Resubdivision for the Vacation of Road, Street or Alley Right of Way, The Resubdivision will vacate Mustang Avenue in the Green Acres Subdivision. Legal Mustang Avenue in Green Acres Subdivision; Pt of the N2 Section 24, TIN, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 8 and approximately%a mile west of CR 37 Parcel Number 1471.24 1030009, 1471 24 1.03003, 1471 24 100006 & 1471 24 200023 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. My response not received before or on this date may be deemed to be a positive response to the Department of Planning Services, If you have any further questions regarding the application, please call the Planner associated with the request. Utility Board Hearing(if applicable) December 9, 2004 Cl We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Ja We have reviewed the request and find no conflicts with our interests. U. See attached letter. Comments: a ,3 c-y ectiur ov (L Q,p• ,lr,�� Signature �✓ Date / 2/I/et( Agency .Weld County Nanning Dept. 409[8 10"Street,Greeley,CO.80631 6(970)3S3-6100 e,et.3540 +(970)304-6498 fax Weld County Planning Department GREELEY OFFICE o DEC 3 2004 MEMORANDUM RECEIVED WI ' • TO: Jacqueline Hatch,Plann DATE: 02-December-2004 FROM: Peter Schei,P.E., gi er,Public Works Department COLORADO SUBJECT: RS-1078 Green cr ubdivision(ReSubdivision) Weld County Public Works Department has reviewed this Re-Subdivision request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments ❑ This request appears to involve platted right-of-way intended for use by the Green Acres subdivision. There is no County recognized road existing within this right-of-way. ❑ The current adjacent parcels have adequate access to existing roadways and it is Public Works understanding that all accesses would remain as recognized. There does not appear to be an access issue involved with this request. ❑ Public Works has no disagreement with this minor re-subdivision for the vacation of Mustang Avenue at this time. Recommendation ❑ The Public Works Department has no conflict with this re-subdivision. The applicant shall address the comments listed above at the specific step of the air}r� $ed. review process will continue only when all appropriate elements have been submitted, 4$i p1 rk;gtgtia be ieseaved with the Public Works Department prior to any decision ot'i>it PC: RS-1078 Green Acres Subdivision(ReSubdivision) Email&Original: Planner J.c i.040... I4 cL PC by Post: Applicant bum; o'4 PC by Post: Engineer nova _, ..__..... Page I of 1 wim 1$* p , ,. - • 'tf.nipt.;Ji * . t, . I -.I _}.gyro-%' A ! wI I, r ;9 ci � ySL_ f -."16,• •-. th.10.,,...z --,‘,4^.ti , ., t., i .,- ,,,' rkil• ,. ' iI yS.: f S" IE P.- Mi a1 X eev •��g � ' /. P ` ot..'t4 ...t. . 1 IQ,. i ":a T t.- - - . . Pf. �P ''l1',J _ ; h t - tea. ``� . 2 ` 4 f i . __ *ilk' t#'r h",..- 3r 9 ti'T Ilr i ' I '7" e t 5 �, St .. -+r �1/ .r S. ,,,L-.• ; ' ` \ g - •r �` 1 )., i ,yam .. A � 4 ii , ` • * • .. r "ice A . �. - �•,,.... ..774t,-,,-,.„--.. tt { • - - 11/4_,' j / ,AAA , t' r ® �"� d . `' t k 1 ns t YRFa V !I ,„,,--4 ,il ,. 2,-.4 , i '. ' t'-' -,,_ i ,, ,,, :,. , . . , , , . „,, .„,.. , F , ., . , . .._, le.." . ... __, \ , I. ,, • J} r ¢ 61( I '- ' ' . i III ,, -,_ ,__1,, i 1_,_ 1 4 44444,4 4 444„ ii 4 8 I ( A tI cp H i el 4r691 q'35Jr ,4I _ r 13 - 37° _ c(-----191 N.N. N. e44i flva�p r�uRuuns y €A t 0r n i g qt 71 H K) \\\\ '...j 'h.:,e,:.4-P",0.O' ailiirniffl 'Le r 'k„ '1�"bc r yye P - x •x� t-:. ry J y 4 �.. s aS;5rr� sr5. S ;Y 4+ ic+ '''9Y +6} �a r'„ l # ig }' t ,,,,,cc.ti. " '- d ` $'vti .-Xt.: '.. • e r,� a Ep ..c -: ' litrr• • {` " asr,.. a , �`' ;• 'may`'',n: - La r ‘,...,„%,,,„:2a,.. .: d"1.: ,,;;;;.et;;c4,;„*.S ,..•{',.. Y 4.,.i.,2*,.1t; - r yy,. . .. x .rt C z ',+s �� rS u - q1 Y - d, kit *C rvZ t $ti s, »' it .. {1}' P a b E t K S•'.:4 '44"''ryLd 'xax 4t'',;-:;...'..i.".1-,`-':+-... n }jY,. -Pox k ids\ K': A� 4 •• ': x w4 u t -'' k {5.^, y;e�{ .t$fd > ,� -4' tf s : a-. .r r,.rte x C t rfazr , r L a ₹ s. Y� ! 7_ - : ur' s a y qS } yyy � %.� • • -.0.i:.,;, ' '" • ..i r »j �S kS "� Jgpj '5N Y ^,i'' gYliYss''� 9$ 'wilya 1 �' ti � a Y a, 4 'Y F "r YY 3i': a R,y� ,ir ' 'A w47ti rgty r a ; sr e h «' A" •'ig7."'`X'k �- tk '>�,+� R Nw..,:;:v....;;,,,,,,,, 'A.r^' . ,Y $«..,t.. /5'7 ,y • ' 'v. • --- _ xt K .11 • t Y t y $"5.raa+tw.c . rc ;tir Y �a jyyy' �s kt P -..tkiy "' • c.,:,,,,,,,,!. i , .44.,;„ nv' ₹�u �4 Y�R rt �YT r�Y- A• J ' ? * ® f . ::: iQ x M . ,K� gi Y in..::-::-;t., ♦ t �„ w A. .. ....-...4,44%.:%.:}- v 9 rw yr'---.5:7 „. A6ic. "' 7 Y tt 4. 't 4 e^?412 �.. 'h %�' e3 ' :,,f, * + % r "G ,CP .,�i•y`p''ee ? # lc ` *fig^, 61 �,e ...RY �.r SS y'+15t ,!'� s ' ^ tij„� w � �F� tt key ! °;4.O1 r°v a �+ ify m rc iii ' '-'t'71". '-'t'71 n Y+' ( t ',1 1F c� � -. , . r P • d 3* % oT. .. •1"{M ;• R '!�Y�kPi } flr" ! e' 'IH � 4 i_ j 6........ '..... t� ,n'zr r. k�5 r `'°°+, �` z r't'x r �w�^'„„ yam, . .. tit# = t ) _ .P' .'.1‘.1,.. " �L d y *+ . �. �« / ,;"b a- • ae 1 ,t n ,:_..4,,,,,4,54 k2'-rt Yn i•,, „Ht.' 2 .. +4t a «u; 'b �, rt;� ew '' = z ,Yts" J•:..`^rs� k ? �ti, x, r s yr t ro.•. �*yN Y� �'^'p e'.. wY a e"P...;a �. „., 1 t.r w r w q '; ^„: 1' 4-Y .� .3 ' .ts's,� :;:'•.' t.. s • 1 r "', -I'd.. • r1 }.9 °' ,ie ¢iait'v;•,,,e t ro s:,t u4 „ #. r+` } -`i " �r,4 i' • .,':. 7 }�,'. ,.—... 'hp� +- �p riQY v,.r� + . ,s,n x Sq✓`' �i1 4 , xyr. . � •v 5411! Z dA x itwk! r,,, A x,s" +.'r�a'v,�qup#r y A„t. !tw afi D r :<'° f '%`ra •r a' t i %i aXc Sv'N' yrtt rn Y " 4 �' ,„ fi,x.. �. • y r a.� j., 8 '�'rY,, k {. +n�`�'v k : a,F�ig ,� t .: _ ",7 w aP;skt tw 12 ₹ .. • ,,1qy ; , xt la 4 t a a r 'S+w'i..cy £ ^« ',r n k,„ ,: :"a ¢'s .C�-,��A`t rc r ".,,� " " :i •,,,c,17;:..„•:.„..7,,,, d-rs '...s.:, ... ,. • ,� JY� ,1,;:-..a.:',11:•;:,µ `a wt asK 7'L�5d oaf 1 tr a" i#, '.',/,..`,-.-.•,,, < .r i1:4I-A:°4' :Y A `JN h }�,4#w1'p ' 't {-';S ,�, '' !,4.o. f yY, 4 a*d. y Y 5Nk ir", 3 ? A : tank "4{�f w�i4 * .s4a. rax 3 r t � . • a° ak R ' a, ° n sr;'' . r t '"°' e ri F * - Y a �ji'"µ4�.{yyy!{ <yti I,.ye is,4' ,O, x$�f S4- ', �+�}'�. #y}k r tcu • F';x;-p r ° xz. r,,r'r ' '- .W I ' sue„ 'ty ec'iiiii ° {, r Y '3. <..h tt • ,;7141..,:;:: 7;.;1041)S:','70' ;LC R}` »>>>> nR ``"• rp # G3Y� c -'Lk gyp ' '. I 4�'. r eg� y ( 4, & ,, °a Y• x'4,,4""#," a .Lr'?.e4 7 ,,yri'I•i,' tr. - { f # t 'r° '' '••{S kf ,t' 6�_Y r '44'4, ?th � 4IT.+",c' * : 14 • Fe a ,'& w,2 i a ,c:,-;.?4,,ai#� • --c,',.;,./-,!- :•:-•-•,•,..,/. n '}>§^,\ 1 Y • P' ,Y... ✓� 4 ,.. "•" ' - $ (' { Y3 to ,!- :• ≤ '.. > !' y _ s x 'kx a $-r < tp ` M�' +i'rs /• �� e '. I �� 'sym. ae4# '�iQ'v�' y "•:;.,...40.,2: t rs°F�k x " ' .,, >,. ..4,-.4';',4a` 4o- �,N 4x 'ft: '4 Y4,c. q 14*t a\ "" w tt r k • Y"v:s �� q ,f ra `'.•3 or M%* -Tr.:, Rr ',_.."S d u• �• M� k !.3/-. g � • G Y r <'b�' 4.:. p.,,../),....4( ':,..>:-rsY�.witd �la � '' tat... 4 M..h' : � �. 4 '9vk' .'r ._:-14`;.$:[4c•:41.4 , ,r.r 4:;[‘g 4 ° 4=. "Irli is : . r t '' A . +4. r e . 'x: ` Orr k .. 41-441V-III-e ro: '4 t a '14 d Y ti' >z;'< ' 'rk <..3 @ ^' ^.': }'.;'''�R.*,r�� :? �fd' :.:41:1,.; ' '. '?{Y.,e' n r y h t'" F ry<y, fr rf t # ty'ry?f F.Sw. w i g.. rtz rr'•.4A : r} +4 °c€.k "b t. r '4•'441.t. t to ', R5.', zt,ey�44'. k e e. 74'F 4rA`{" "a,. „`4{ �}A ,iw' .%. L,,,,,..;•:• •••,,,,,.. ,'q a„>.,� a 4C �;� ".. E er 4r:, � { . . . ' ;a.:C^ t .;$4 ,yy a'� '. �, ;Y9pfaoft', V44 4 'Si P 4.{ ,y t ' 1R tip •� tfrP. c'# g:8 ' —.. ..t`441,4;-"z/.. f :tf VR • 4114 '4.1•4':;‘-';'14•4 '•Al .t",I....-- -f's . 'ill - ' 4, ,t.,,,frfr,..y, +H lx ,J/ ""n, •f _a t °t^• 7 fry. �' .* " • .M ,.fir: W 'K 3 Y ' „---.,{`frt`� - t*k' 4,1 4 • k 3 iti W p yp, A C4 S 7cs f a$t,_ , ' t :. ;:'''‘44;;;III.,?"; # r ..- ` r. "$"• I t 'hr'' rs, `- r r' ,' ,� .1.: R " F t 1 4�,u„�.y } •rye, # ,, d FA^ 4tt4 , ; m IN fAr � a714..„,:? • t �. .,� �... • • . 1-1,-I' ,Y s ✓ e '4 �r�Ir4 • Y_,• < j 4Ks� r ' y rµ. yf r atw stx r. 4 ., kfl ; • { r,"'"' :T \ robr' 4A 'lr@-. a DEPARTMENT OF PLANNING SERVICES (4, PHONE (970) 353-6100, EXT.3540 FAX (970) 8 918 10th STREET STREETET GREELEY, COLORADO 80631 COLORADO December 17, 2004 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: RS-1078 Renumbered RS-1072 There will be a Public Hearing before the Weld County Board of County Commissioners on Wednesday, December 29,2004,at 9:00 a.m., at the Centennial Center, 915 10th Street, Greeley,Colorado concerning the request of: NAME: Dennie Hoff, Ron & Sally Harms REQUEST: Resubdivision for the Vacation of Road, Street or Alley Right of Way. LEGAL DESCRIPTION: Mustang Avenue in Green Acres Subdivision; part of the N2 Section 24, Ti N, R66W of the 6th P.M., Weld County, Colorado. LOCATION:South of and adjacent to CR 8;approximately%mile west of CR 37. For a more precise location, see legal. Your property adjacent to the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Jacqueline Hatch, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning, 918 10th Street, Greeley, Colorado 80631, on or before the date of public hearing. SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER FRISK 17400 CR 8 BRIGHTON CO 80601 FRITZ 2717 ARABIAN AVE BRIGHTON CO 80601 HARMS 17486 CR 8 BRIGHTON CO 80601 HOFF 2727 ARABIAN AVE BRIGHTON CO 80601 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number RS- 1078, renumbered to RS-1072 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 17th day of December, 2004. ` J 'L - 1 mace-Li Voneen Macklin Q L. ARTMENT OF PLANNING SERVICES t(e 71.111.‘;:, PHONE (970)353-6100, EXT.3540 FAX (970) 918 10th STREET GREELEY, COLORADO 80631 I C. COLORADO October 12, 2004 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: RS-1078 There will be a Public Hearing before the Weld County Utility Board on Thursday, December 9,2004,at 10:00 a.m.,in the Hearing Room,Weld County Planning Department,91810'"Street,Greeley,Colorado concerning the request of: NAME: Dennie Hoff, Ron & Sally Harms REQUEST: Resubdivision for the Vacation of Road, Street or Alley Right of Way. LEGAL DESCRIPTION: Mustang Avenue in Green Acres Subdivision; part of the N2 Section 24, Ti N, R66W of the 6th P.M., Weld County, Colorado. LOCATION:South of and adjacent to CR 8;approximately 1/2 mile west of CR 37.For a more precise location, see legal. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Jacqueline Hatch, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning, 918 10'"Street, Greeley, Colorado 80631, on or before the date of public hearing. SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER FRISK 17400 CR 8 BRIGHTON CO 80601 FRITZ 2717 ARABIAN AVE BRIGHTON CO 80601 HARMS 17486 CR 8 BRIGHTON CO 80601 HOFF 2727 ARABIAN AVE BRIGHTON CO 80601 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number RS- 1078 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 13th day of OCTOBER, 2004. Voneen Macklin �1 lX�a 1t 3---u C e-3 CSvCM(-k.-) -_. .1t-CCbUk l r� D_dlyO.Cent prop.eckt-es .tp://maps.merrick.com - A. .DAVIT OF INTERESTED LAND O IERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 147124103003 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. f%. ,, 4„ Signature Q'-25-oy Date Property Owners Within 500 ft. of Parced# 147124103003 • NAME MAILING ADDRESS PARCEL IDENTIFICATION 2957 ARABIAN AVE ARBOGAST RICHARD T & 147124103007 BRIGHTON,CO 80601 CALZIA JAMES DAVID & PATRICIA 2677 ARABIAN AV ANN 147124100004 BRIGHTON,CO 80603 2825 ARABIAN AVE CRUMP WILLIAM R&PATRICIA 147124103004 BRIGHTON,CO 80601 17400 COUNTY RD 8 FRISK EUGENE W 147124000016 BRIGHTON,CO 80601 17400 COUNTY RD 8 FRISK EUGENE W 147124200023 BRIGHTON,CO 80603 2717 ARABIAN AVE it' FRITZ RICHARD A &LINDA D 147124100006 BRIGHTON,CO 80601 2867 ARABIAN AVE GREGG RUSSELL J & WILLA JEAN 147124103005 BRIGHTON,CO 80601 17486 COUNTY ROAD 8 HARMS RONALD R & 147124103009 BRIGHTON,CO 80603 RR1-17676 PALAMINO http://maps.merrick.corn/website/weld/setSgl.asp?cmd=buffer&PIN=147124103003&Parl... 9/16/2004 'nttp://maps.merrick.com- A (DAVIT OF INTERESTED LAND C�JERS Page 2 of 2 ST HASTMAN ELLA M 147124104001 BRIGHTON,CO 80601 17677 PALAMINO ST HINCKLEY MICHAEL J & PAMELA 147124102004 BRIGHTON,CO 80601 2838 ARABIAN AVENUE MOTLEY RONNIE D & DONNA S 147124102003 BRIGHTON,CO 80603 17665 PINTO ST RIGG GARY L & 147124100003 BRIGHTON,CO 80601 http://maps.merrick.com/website/weld/setSg1.asp?cmd=buffer&PIN=147124103003&Par l... 9/16/2004 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: GA L1 APT L2 BLK1 GREEN ACRES Parcel,Number 1 4 7 1 - 2 4 - 1 _ 0 3 _ 0 0 9 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office, or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required. attach an additional sheet) THE UNDERSIGNED, being first duly sworn, stales that to the best of his or her knowledge the attached list is a true and accurate 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)within five hundred(500)feet of the property being ponsidered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of ♦ authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We)hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my(our) knowledge. a A, a-02)-(6/ Signature Date _" Signature Date Signature Date -6- http://maps.merrick.com - AFLTDAVIT OF INTERES 1ED LAND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 147124103009 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Ada-- a et o e u R /..<, Signature ct- Date Property Owners Within 500 ft. of Parcel# 147124103009 NAME MAILING ADDRESS I PARCEL IDENTIFICATION# 2957 ARABIAN AVE ARBOGAST RICHARD T & 147124103007 BRIGHTON,CO 80601 17747 RD 8 BRANDT LEONARD A & ANN R 147113000008 BRIGHTON,CO 80601 2868 ARABIAN AVE CHAPMAN LOUIS C &BETH M 147124102002 BRIGHTON,CO 80601 2825 ARABIAN AVE CRUMP WILLIAM R& PATRICIA 147124103004 BRIGHTON,CO 80601 17400 COUNTY RD 8 FRISK EUGENE W 147124200023 BRIGHTON,CO 80603 _ 17400 COUNTY RD 8 4} FRISK EUGENE W 147124000016 -7 BRIGHTON,CO 80601 2717 ARABIAN AVE - FRITZ RICHARD A &LINDA D 147124100006 BRIGHTON,CO 80601 2867 ARABIAN AVE GREGG RUSSELL J&WILLA JEAN 147124103005 BRIGHTON,CO 80601 _ 17677 PALAMINO ST http://maps.merrick.com/website/weld/setSq I.asp?cmd=buffer&PIN=147124103009&Par 1... 9/16/2004 chttp://maps.merrick.com - AF DAVIT OF INTERESTED LAND OWNER.S Page 2 of 2 HINCKLEY MICHAEL J &PAMELA BRIGHTON,CO 80601 147124102004 2727 ARABIAN AVE j HOFF DENNIE L 147124103003 BRIGHTON,CO 80601••6224 14 SCABBARD MILL BROOK KAHLER WALTER E JR& RD ELIZABETH J 147124102001 BROOKLINE NH 03033 2838 ARABIAN AVENUE MOTLEY RONNIE D & DONNA S 147124102003 BRIGHTON,CO 80603 1 HARDWICK CT' PILKINTON B D FAMILY TRUST 147113000004 PUEBLO,CO 81005 WELD COUNTY WELD COUNTY COURTHOUSE 147113000009 GREELEY,CO 80631 http://maps.merri ck.com/website/weld/setS q 1.asp?cmd=buffer&PIN=147124103 147124103009&Parl... 9/16/2004 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Properly Legal Description: an T. Ar.tct GREEN AS ES Parcel:Number 1 4 7 1 2 4 - 1 - 0 3 - 0 0 3 , (12 digit number•found on Tax I,D. Information,obtainable at the Weld County Assessor's Office.or WWw (Include all lots being Included in the application area, If additional space is required,attach an additional sheet I THE UNDERSIGNED, being first duly sworn, stales that to the best of his of her knowledge the attached list Is a true and accurate list of the names,addresses, and the corresponding Parcel Identification Number assigned by the Wald County Assessor of the owners'of properly(the surface estate)within five hundred(500)feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I(We)hereby depose and stale under the penalties of perjury that all statements, proposals and/or plans submitted with or'contained within the application are true and correct to the best of my(our) knowledge. Signature Signature Date Signature Date ji I I -6- • 6 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970th304-6498 STREET 918 10th STREETET GREELEY, COLORADO 80631 C. • COLORADO October 12,2004 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: RS-1078 • _, There will be a Public Hearing before the Weld County Utility Board on Thursday,De6ember9,2004,at 10:00 a.m.,in the Hearing Room,Weld'CountyPlanwng Department;91`81-0thStreet,-Gteel -Colorado-ctmcei ry -- �- - the request of: NAME: Dennie Hoff, Ron & Sally Harms • REQUEST: Resubdivision for the Vacation of Road, Street or Alley Right of Way. LEGAL DESCRIPTION: Mustang Avenue in Green Acres Subdivision; part of the N2 Section 24,TIN, R66W of the 6th P.M.,Weld County, Colorado. LOCATION:South of and adjacent to CR 8;approximately A mile west of CR37. For a more precise location, see legal. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. • For additional information write or telephone Jacqueline Hatch, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning, 918 10th Street, Greeley, Colorado 80631, on or before the date of public hearing. Post-ir Fax Note 7671 Data 9 O. 6# 9D. . , To busied /�l F.an, ,e,Gy `e- Fes, ; /Dt J PhCo. Phone# � one q} �/ .jai - +77 -907b Fax#o11O^3o(f- �o "/ gSr •Fax k3o Td WHbb:80 P00Z 60 '0aQ b6LL L29 20£ : 'ON 3NOHd mad UGNI1 : woad Date: 12/9/2004 Case#RS-1078 Our property was originally two parcels which included the property of Denny Hoff. The original owners of our property erected a fence in 1973 that surrounded both parcels and remains there today. Before we purchased our property in 1984 the Hoff parcel was already sold off in the tate 70's and an additional fence was erected between the two parcels. The original fence along the back of both properties has been there since 1973. It is our perception that if a fence has been in place for a certain number of years then it becomes the natural boundary of the property and nullifies any previous Road, Street.or Alley Right of Way. Furthermore, the new renters/ownersof the Elliott property have ignored the the existing surrounding property usage and moved in trailers and all sorts of unapproved housing with no water or septic which was addressed a couple years ago in a similar public hearing with residents of the two affected subdivisions. This renter/owner ignored the order to remove the mobile homes and trailers then and they are still there. Why did he not notify Denny Hoff before he cut the whole in his fence and put in a gate? Why didn't he notify the Harms before he cut their fence and cut down trees? We are truly afraid of this renter/owner because he uses unethical practices in order to achieve his own ends and ignoring all the property owners that have been here for twenty, thirty plus years. Please approve this request for Resubdivision of this Mustang Road and keep our property as it has been for thirty plus years. Thank you for your consideration, Richard A Fritz 'Linda Fritz 9—,e-4-r? 2717 Arabian Ave Brighton, CO 80603 Weld County Ed wut,t,:sca 1700E 60 'Saa 176LL L£9 202 : 'ON 3N0Hd ZII?Jd UaNI1 : W@Id • l ll il R ' _ .Pall - r ONV113HS _ W"L' e. f i1LLI r G1 ..., _! I ? a 0I ,, 6 x z ::. ....., ..,,,,;,- - .0 s-n,;t° I 33D•• _ t,.� © f � ! iv I ,_,-,•o . �i.... r ...r ,,.•rs ...loll', 'r ..al4'4;1=0 • ;•t a • 9 ;,'�o. L I . to .. i =� {Pouoldur 1 ;. • I 133MJ S •-- 9 c t m I r e Z• �; - ,w.r, - ,•c ^1 I -•_' ..1,-; w -4__L- .! t ... f 2 -- — / I. D C I+ n-of 0 L' `FO[L' ► leLr-1-0 , .., F • I - • . .- . - . G r O :i y 5r'LL`. �, _. y I - ® D e • « • ;Li"; '+ O I --»�r..ol4na $20 e. r. r • 'nil/ II z , !I 4f1LJ 'LILI i \\ I I..." . ., \ 13 LI1S—_ t - O Old t ... \ ‘ • «Lr `\ •-pry ; ow I i5Ll/ � Lt1LI . . (L.!.i t c 6 . s 8 OI I; 6 i n '�6T .� \� n + r I �I�L I1 n �el i. �� " • z eIt I ..a..___ ;(1. - •" IT1Tll. ".7. --'-^�,.'. 7 •_ .. .... t` I ,� 9 it�n s5 8 t L - i ' ly i E5 dC •)Sat I I a rk LO Ol £ II! il I' 11I tr i co 9 1: - c' ac. • ;1 a II,d.. ..- -w.=b,4'.. 11 �� . �-w z =i-i»:..-+�-=-^ =..«r--- • -- ...wr---'- -.o wf- �1 -. .rr-- ---»...--- y ------Cress"-"-- =1 L-7r 1:. Rl� ! II-- �.r — tt r, b� r - --7;..-,,-----.---.7..ir I III . , r 1 II D Z e I mi,rCi i y4��b i £ i' •' z : jct It t It t z H ' I t .:..,...,i, ' r 1.14 T. II r r I 1-- • eICL° i� hILLI r I /�i ,r M MI 1 r B '0N OVOIi AJ.Nf103 e ... —•A•rM_1.1 mow,AU 4i Z..+�7 v/,.-— C r—, ssaa4S Z 1° Z tpatis I SN1-3380 77 ___ ,.I F:r ��J�� W N Moe TN ,4 Corner {ec. 2 . -_ T//✓., 2.66 . --_____{ ._, We UfJn B II C iv /° UJ d' e / �7.s III d fd.r7_' / a;A he 5 /829 „ 4. .C. 4.4r i / 4/ ' ,. /16 2 o I ,sfa i_4 o� \ t . • 1/ II La t .) ` I /'� it 1I° /66.47' V` `a• . 3e ' 30' 6 '7' _ �.$ /33.91 vn.6 3 ti -._ - _ j C_ Uh/.f �ITOie `N i • \ •e) ,Ea-Ternen/S� 0 tOJe7C//�5 J .t \\-- c_�1 N W ' -A: c IZ \ 1 1. ' II 5�\ ,a 00 O - 3 - k --I aIO se i 4"l ; e � T. n ti ` Oy 1 t Z.?sen7en/5 - a• C \Z. - - n 3l` Z t m gi P2'-r P I 44 I Li \J bC\ en Na Q . T 5 \ 6 '' 13e• \ I ° \ w \t,; a • n, • ,t\\ v o° \ e \ 6 \ �. c/ � '' # 1�s >' 27/qc I. h EFST 3/I 04 4.33 esse‘t• a. �.\��qq��A�C �Q y9 t9 •,3r�*3 f at' �6 mss' J t . /Ql7/0l'1100006 rsr,^s a f •e. —4• a-00•/3. 2 c •e: e3984 I We 1d Cu„. J/ rZ ( 8 C 7 � 111 - X00 ' A// e r /01 / 4 3 an ' unzi- p any 0 F /.,f 1 a« P21 1 14/yVw1a3o09 Doo ` I l � I 1I)q ��0 13 Date Michael L. Gilbert ATTORNEY AT LAW, P.C. Telephone: (303) 320-4580 Suite 610 FAX: (303) 320-0648 501 S. Cherry Street E-mail: mgillaw@msn.com Glendale, Colorado 80246 March 10, 2006 Weld County Commissioners 915 10th Street P.O. Box 758 Greeley, CO 80632 Re: Minor Re-subdivision RS#1072 Vacation of Mustang Avenue Petition of Dennie Huff/Ronald and Sally Harms Dear Commissioners: We understand that the County Commissioners will be considering the above-referenced request of Mr. Huff and the Harms at its meeting on March 20, 2006, to vacate Mustang Avenue within Green Acres Subdivision. We understand that Green Acres subdivision is located to the East of Mustang Road, and South of C.R. 8. Our client, James Kosmiski is the general partner of Four Cousins, LLLP, which owns a 40.3139 acre parcel of land located on the West side of Mustang Avenue, beginning 1246.53 feet South of C.R. 8. This parcel has 1394.75 feet of frontage along Mustang Avenue. Mustang Avenue is the only public road providing access to the partnership property. There is no other established public road and no private access easement over which the owners have the right to travel to gain access to their land. On behalf of Four Cousins, LLLP, Mr. Kosmiski strongly objects to vacating Mustang Avenue. Section 43-2-303(2)(a) of Colorado Revised Statutes specifically denies the county the authority to vacate a road such as Mustang Avenue since it is the only public access to the Four Cousins, LLLP, parcel. Mr. Kosmiski also wants the Mustang Avenue right of way from C.R. 8 to his property to remain 40 feet wide. We are unsure if the Huff-Harms' petition requests a reduction in the width of Mustang Avenue. Thank you for your consideration of these comments. Voot rs truly, • Michael L. Gilbert MLG/aab cc: Weld County Attomey Bruce Barker, Esq. Weld Count Planning Dept., Attn: Jacqueline (via fax) Max Minnig, Esq. James F. Kosmiski DISTRICT COURT, WELD COUNTY, COLORADO COURT ADDRESS: 901 9m AVENUE EFILED Document GREELEY, CO 80631 CO Weld County District Court 19th JD PHONE NUMBER (970) 351-7300 Filing Date:Mar 18 2005 3:20PM MST Filing ID:5396422 Review Clerk:Marla Bohling Plaintiff: MARTIN G. BOWMAN v. A Court Use Only A Defendant: LAND HOME DEVELOPMENT, INC. v. Case Number: 02 CV 300 Intervenor: BOARD OF COUNTY COMMISSIONERS Div.: 9 Ctrm.: OF WELD COUNTY ORDER APPROVING STIPULATED SETTLEMENT AGREEMENT THE COURT,having reviewed the Motion for Approval of Stipulated Settlement Agreement filed by all interested parties, and being apprised in the premises, hereby APPROVES the Stipulated Settlement Agreement, and ORDERS that: 1. The Decree Partitioning Real Property, which was entered by the Court on July 30, 2003, is hereby withdrawn and is null and void. 2. The property at issue shall be divided into three parcels as stated below, Bowman to receive Parcel B and Land Home to receive Parcels A and C: a. Parcel A shall be bounded on the South and East by the existing boundaries, on the West by the Speer Canal and on the North by the neighboring Friske property line. b. Parcel B, which contains a dwelling, shall be bounded on the South by the existing boundary, on the North by the existing boundary and Lot A, on the East by the Speer Canal and on the West by a straight line running North and South parallel to the West boundary of Lot A. c. Parcel C shall be bounded on the North, South and West by the existing boundaries, and on the East by a straight line running North and South parallel to the West Boundary. r °r 4" ,+ r 3. Bowman and Land Home shall promptly make application to Weld County to allow division of the subject parcel into the individual parcels as described and shall comply with all County requirements. The County has represented that a lot created through the recorded exemption process will be deemed to constitute a lot which meets the minimum lot size requirements of the Agricultural Zone District. Each party shall use their reasonable best efforts to provide all information necessary to allow the application to be promptly submitted and shall cooperate with the application process as may be required so as to allow successful completion of the application process. In the event that Weld County shall not grant the application for division of the subject parcel into the described individual parcels, the parties expressly reserve the right to petition this Court for reconsideration of this Order for Partition. Upon successful completion of the application to allow the division of the Property, the parties shall exchange Quit Claim Deeds so as to confirm the ownership of the Property as described in paragraph 2. 4. Upon submission of a survey to this Court, the parties shall be entitled to convert the Order Approving the Stipulated Settlement to a Decree of Partition, subject to all other caveats stated herein. Dated: March 18, 2005 r J. o n rcouttJ Tbir order snr fibd rkrnonilypursuant to Rb 121,5 1-26. Td nigisaludnrdthe Coeds frk Page 1 of 1 Bruce Barker From: Maxminnig@aol.com Sent: Friday, June 09, 2006 3:27 PM To: Bruce Barker Subject: Mustang Ave. and related issues Attachments: MotSett.doc; OrdSett.doc Dear Bruce; Attached is the settlement we reached with the County and the subsequent Order that the Court entered. The promptness may be an issue, but that arises in large part from what Jacqueline informed me today was our mistaken belief that we needed to sort out our well permits before filing our applications, which we have invested significant time and money in clearing up before filing our application. The applications are otherwise ready and can be filed next week without any problems. I fear to think what would happen if the County moved forward with a vacation that would be inconsistent with the settlement we reached in good faith with the County. It is my understanding that the County is operating under the mistaken premise that the recorded Decree defines the properties; as you can see, it has been declared null and void. Unfortunately, I guess we will see you on Monday. Max Minnig 6/9/2006 Page 1 of 1 Bruce Barker From: Maxminnig@aol.com Sent: Friday, June 09, 2006 4:13 PM To: Bruce Barker Subject: Compliance Dear Bruce and Jacqueline; - The letter from Bethany Salzman, the compliance officer, of April 25, 2006, which was copied to Bruce, specifically gave us 60 days from May 1, 2006 to come into compliance concerning the split of the property, recognizing the inevitable delays in pulling together such applications. Jacqueline's e-mail in response to inquiries about Mustang Avenue stated that the County would oppose vacation pending resolution of the legal process. Coupled with our settlement, I hope you can understand why I am so taken aback by being informed today of the new position of"staff' concerning the vacation of Mustang Ave. Max Minnig 6/9/2006 Page 1 of 1 Bruce Barker From: Maxminnig©aol.com Sent: Friday, June 09, 2006 4:14 PM To: Bruce Barker Subject: Ditch Dear Bruce and Jacqueline; I guess I should explain one issue that led to Lee agreeing to the settlement. The Ditch that bisects the property and orphans the parcel now belonging to Four Cousins was granted in fee simple and there is no recorded access of any kind connecting it to the remainder of the property. In reality, there is no legal access to that parcel but by Mustang Avenue, regardless of the legality of the split or otherwise. Even if the property were to be considered one parcel as Jacqueline suggested, there is no access to that parcel but by Mustang Avenue as there is no legal access across the ditch. Lee understood this, and that is why he suggested that the orphaned lot be created by a correction or amendment to the original recorded exemption, before we do the recorded exemption splitting the other two lots. I do not even think it necessary, it should be allowed to be corrected by a simple deed, but we agreed to it in order to play nice with the County. I hope this helps. Max Minnig 6/9/2006 • Page 1 of 2 • Subj: RE: Mustang Avenue Easement Date: 5/16/2006 9:50:15 A.M. Mountain Daylight Time From: jhatch@co.weld.co.us To: ANKEKAI@aol.com CC: mgillaw@msn.com, Maxminnig@aol.com, srharms@msn.com Anke, sorry for the delay in my response but please see my comments below in blue If you have any additional questions or comments please do not hesitate to contact me Thanks, Jacqueline From: ANKEKAI@aol.com [mailto:ANKEKAI@aol.com) Sent: Friday, May 12, 2006 6:26 AM To: Jacqueline Hatch Subject: Mustang Avenue Easement Ms Hatch, Our deadline is drawing near and we have several questions and issues. I speak for Harms, Crabdree & Fritz, and will be contacting Mr Frisk today. If the adjacent property owners, (Harms, Crabdree, Frisk & Fritz) agree on the construction of Mustang Avenue, will the entire cost of the construction belong to Four Cousins (Mr Kosmiski)? W VVe are not willing to obtain ANY financial burdens to benefit another's finances. Considering they plan develop & reap financially. Let's face it, building Mustang Ave will be expensive. pIt would be my understanding that the users of the road would pay for the installation and upkeepof the rove. for Four Cousins, and we are forced to give him access to his 40 Will the property taxes be adjusted/reduced on the lots containing the Mustang Avenue easement? (Harms acres, why Since the pay feet is only necessary yourp operty. Their nmber is 970-353-3845.easement?Typ ally all property lines office to he cenl item terl centerline of anconcerning y given taxes on road. Based on the parcel & reparcel history of the original 160 acres in the past 15 years, from Bob Elliot to current enue. ith land owners, I am cnrned information on that will eliminate Weld County's Parcel website and information obtained from Title Companies,es N the the in re litigations with these parties. Iaount of parcel tr amcrequesting a clause giving addition, that have occurred make me nervous,the Mustang Avenue easement back to Harms u& Crabdree (or current owners) IF: other access is obtained by a future parcel transaction AND Mustang Ave has NOT been constructed. This would be a condition/development standard that as a surrounding property owner can request before the Board of County Commissioners to be added to the conditions. It is my understanding that there are still some outstanding property issues at this time. The lawyers stated that they would Prvide with those court recordsonce completed. What hismeans s that at the Board of County Commissioners hearing on June 5, 2006 staff will not be in support of vacating Mustang Ave until all the legal issues have been resolved. , Frisk Avenue?What d of document is We were advised required Weld Coom unty wojacent uld property vth s issue if we did note reach an&agreement Mustang he surrunding property owners woulda workout ar s wit /for Foursolution andCthen ousip present that to staff.ns. It was staffs I would Isuggest that tthat each one of of surrounding property ate leave an easement, leave office Ue of Mustang (vacate MustangAve etc)standlettersthe s Those I tte scan be emailedPtoeme directly. plete, t is my his only nvolves adjacent In property owners.s.s Trenton Parker's attorney Trenton Parker's attorney lis involdvedlbeca se they h sold understanding etpropertylto Four Cousins without property • rtAnyminnie Page 2 of 2 utilizing a County process and they will need to correct that with-our office. It is my understanding that they are working on correcting that. Also, please send any correspondence to Tim & Anke Crabdree, as Denny Hoff no longer owns 2727 Arabian Ave. He has been forwarding mail concerning Mustang Ave. I can be reached via email or phone (303)659-4994. Thank you for your time & consideration. Sincerely, Anke Crabdree • • • . . . • nn "nn Arrprira Cnnline: Maxminnig • a DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10T" Street GREELEY, CO 80631 ' Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman( co.weld.co.us Q PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-42-11 WELD COUNTY ZONING VIOLATION NOTICE April 25, 2006 LAND HOME DEVELOPMENT C/O TRENTON PARKER 17200 CR 8 BRIGHTON, CO 80601 FOUR COUSINS LLP 2200 S ADAMS ST DENVER, CO 80210 Subject: VI-0600169, Part of Lot B of RE-704 also known part of the NW4 of Section 24, T1N, RxxW of the 6th P.M., Weld County, Colorado Dear Mr. Parker and Four Cousins: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 24, Article Vll1(8) "Exemptions" Section 24-8-20 "Recorded exemption." Section 24-8-20.A "The recorded exemption is a subdivisiorrprocessusedta'dividealot into two (2); three (3)or four (4)separate lots. Examptesofwherraiet-ur Jed exeniptierr - applieattorrmarbe<sat attttafiiic.tudWCreatingalotin the agriculturatzonedistriet for asingle- familpresldeotiatbuifdingsite,..separating existing-improvements from agricultural land, and creating.a lain a commercial.orindustrialzonedistrictforexistingorfuturedevelopment.A recorded exemption must not be for the purpose of evading the requirements and intent of this Chapter." To bring your property into compliance with the Weld County Code: According to a court ordered partition recorded at the Weld County Clerk and Recorders, MOUNT Office(Reception#3151016),a 2(twa)iotsubdivision was approved by ii'dgralovanbach on July 30, 2003. However on August 3, 2005, a deed.was recorded(R(Aropt i.#3309454) dividing the.property again: Based upon my rewi db and research,this exemption was not Land Home and Four Cousins Page 2,VI-0600169 authorized_by.Distdct_Courtor_Departmentrof Planning-Serwcfl Therefore, it has been determined that thiswasarrillegahland-split. For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public, we have 2 locations open. Our North office is located at 918 10th Street, Greeley, Colorado. At our North office, an "On-Call" Planner is available, Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5,Longmont,Colorado. At our Southwest office,an"On-Call" Planner is available Monday thru Thursday from 12:30 p.m.-4:30 p.m. You do not need to schedule an appointment,because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have-no discretion in tMsmatterif you fail to correct thisviolation.. You have 60 (sixty)days from May 1, 2006,to correct this zoning violation. Failure to do so will result in this offioe.scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: VI-0600169 Michael Gilbert, via e-mail Department of Planning Services Bruce Barker, County Attorney MEMORANDUM itir:*: TO: Board of County Commissioners September 28, 2006 "ilk FROM: Jacqueline Hatch COLORADO SUBJECT: RS-1072 Vacation of Mustang Ave The Department of Planning Services recommends the following changes to the resolution. C. Section 24-5-20.C — The vacation shall only be permitted when it is compatible with the surrounding area and uses, is consistent with efficient and orderly development, is consistent with Chapter 22 of the Weld County Code and does not deprive any parcel of adequate access to a public road or street right-of-way. AR surrounding property has adequate access to a County Road or internal subdivision road. The Harms currently owned both lots and vacant. As a condition of approval the Harms will need to-either apply for and-be approved -for a Resubdivision for-Redesign; Addition or Vacation 4 bi I t 9 d 1 t 4 4 L t island lot or only partially vacate Mustangs „mss to Lot 3. The court orders have created a parcel that relies on Mustang Avenue for access at this time. I D le".)U-A,. Hello