HomeMy WebLinkAbout20063161.tiff 938
RESOLUTION
RE: ACCEPT PETITION AND AUTHORIZE VACATIONOF PORTIONS OF WELD COUNTY
ROADS -WELLS RANCH, LLLP
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 Wells Ranch, LLLP,
c/o Witwer Oldenburg, Barry,and Johnson, LLP,Attn:Jeffrey Bedingfield,822 7th Street,Suite 760,
Greeley,Colorado 80631,a copy of said petition being attached hereto and included by reference,
requesting vacation of portions of right-of-way for Weld County Roads, being more fully described
in Exhibits A and B, subject to dedicated and recorded easements and rights-of-way, and
WHEREAS, the County Attorney's Office and the Department of Public Works have
determined that said portions of Weld County road right-of-way are not needed for the safety and
welfare of the traveling public, and
WHEREAS,the petitioners, being the adjacent property owners on both sides of the road
right-of-way, have waived written notice of this hearing, and
WHEREAS,any persons owning dedicated and recorded easements and rights-of-way for
the use of the right-of-way to be vacated, if any, may continue such use after formal vacation by
Weld County, and
WHEREAS,a hearing before the Board was held on the 15th day of November, 2006, at
which time the Board deemed it advisable to continue the matter to November 20, 2006, at 9:00
a.m., and then to November 22, 2006, at 9:00 a.m., and
WHEREAS, at said hearing on November 22, 2006, the Board of County Commissioners
heard testimony and reviewed all other evidence presented therein by staff and the public, and
WHEREAS,the evidence showed that the vacation of the portions of Weld County road
right-of-way which are described in Exhibits A and B,will not leave any land adjoining the roadway
without an established public road or private access easement connecting the land with another
established public road, and
WHEREAS,the Board of County Commissioners deems it advisable to vacate said portions
of road right-of-way, with said vacation to become effective upon recording as required below.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Petition from Wells Ranch, LLLP, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the portions of right-of-way which are
described above be, and hereby are, vacated.
1111111 IIIII IIIII IIIII IIIII 111111 111111 III IIIII IIII IIII
3441938 12/14/2006 12:32P Weld County, CO 2006-3161
EG0043
1 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
CSC ; t tt/ L 7 C�
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RE: VACATION OF PORTIONS OF WELD COUNTY ROADS - WELLS RANCH, LLLP
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to record this Resolution in the records of the Weld County Clerk and Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 22nd day of November, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: gird/ ��� �� AYE
M. ile, Chair
Weld County Clerk to th!MU '
AYE
ti ►�, � g'Y -� �I David E. Long, Pro-Tem
BY: ,1
Dep Cle to the Boar��r� - , f �._ NAY
W 'a H. Jerke
APPROVED AS TO FORM' J J 1
\Kx. (AYE)
Robert D. Masden
y Attorney EXCUSED
Glenn Vaad
Date of signature: i 21(4'67
111111 111II IIII! /11/111111 111111 111111 III 11111 IIII IIII
3441938 12/14/2006 12:32P Weld County, CO
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EXHIBIT A
Township 6 North,Range 63 West
Sections: E/2 10, 11, 12, 13, 14 except SE/4, 15, 20 except SE/4, E/2 21, 22 except
W/2 SW/4, 23, 24, 25, 26, 27, 29,NE/4 and E/2 SE/4 30 and E/2 31
Township 6 North,Range 62 West
Sections: 5, E/2 6, 7, 8, 18, 19, 20, 21, 28, 29, 30 except SE/4, 31, 32 and 33
Township 5 North,Range 63 West
Sections: 1, 2, 3, 5, 6, 10, 11, 12, 14 and 15
Township 5 North, Range 62 West
Sections: W/2 3, 4, 5, 6, 7, 8, 9 and W/2 10
111111 1111 1111 111E 1111 111111 111111 III 1111 1111 1111
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EXHIBIT B
County Road From To
63 CR 66 CR 60
65 CR 66 - CR 64 and CR 62 - CR 60
67 CR 68 CR 60
69 CR 66 CR 56
71 CR 72 CR58
73 CR 72 CR 58
75 CR74 - CR68 and CR64- CR58
77 CR 68 CR 58
79 CR 62 CR 60
72 CR 73%2 CR 77
70 CR 69 CR 75
66 CR 63 CR 79
64 CR 63%2 - CR 73 and CR 75 - CR 79
62 CR 65 CR 79
60 CR63 - CR65 and CR67 - CR79'1
58 CR67 CR71
111111111111111111111IIIII111111 FILM WI lilt III!3441938 12/14/2006 12:32P Weld County, CO
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ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS DATE: SEPTEMBER $ ,2006
WELD COUNTY, COLORADO
P.O. BOX 758
GREELEY, CO 80632
FROM: PETITIONER: WELLS RANCH LLLP
PROPERTY OWNED: REFER TO EXHIBIT A ATTACHED HERETO
The undersigned citizen and real property owner of Weld County,Colorado,hereby petitions
that the road rights-of-way described in Exhibit B attached hereto be declared abandoned and vacated
by Weld County and hereby waive the ten(10)-day notice of hearing on this matter provided at least
forty-eight (48) hour verbal notice is given.
The properties and owners of said properties adjoining said right-of-way are set forth in
Exhibit C attached hereto.
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 are: none
As support for this petition, Petitioner states 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 without an established public road or private-access
easement connecting said land with another established public road.
Petitioner agrees that they will permit any persons owning dedicated and recorded easements
and rights-of-way for the use of the right-of-way, if any, to continue such use after formal vacation
by Weld County. Further, Petitioner agrees to pay costs of providing notice including publication
and recording of the resolution.
1111111111111111111111IIIII1Ill 111111IIIIIIII111111
3441938 12/14/2006 12:
5 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Dated this t day of September, 2006.
Attorney for Petitioner
-1-42-77
aedingfield
822 7th Street, Suite 760
Greeley, CO 80631
Email:jbedingfield@wobjlaw.com
Telephone: (970) 352-3161
FAX: (970) 352-3165
IBM 11111MIIIR11111111111111111 III 11111 III III
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EXHIBIT A
Township 6 North, Range 63 West
Sections: E/2 10, 11, 12, 13, 14 except SE/4, 15, 20 except SE/4, E/2 21, 22 except
W/2 SW/4, 23, 24, 25, 26, 27, 29, NE/4 and E/2 SE/4 30 and E/2 31
Township 6 North, Range 62 West
Sections: 5, E/2 6, 7, 8, 18, 19, 20, 21, 28, 29, 30 except SE/4, 31, 32 and 33
Township 5 North, Range 63 West
Sections: 1, 2, 3, 5, 6, 10, 11, 12, 14 and 15
Township 5 North, Range 62 West
Sections: W/2 3, 4, 5, 6, 7, 8, 9 and W/2 10
111111111111111 111111111111111111111111 I I 11111111111111
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EXHIBIT B
County Road From To
63 CR 66 CR 60
65 CR 66 - CR 64 and CR 62 - CR 60
67 CR 68 CR 60
69 CR 66 CR 56
71 CR72 CR58
73 CR 72 CR 58
75 CR 74 - CR 68 and CR 64 - CR 58
77 CR 68 CR 58
79 CR 62 CR 60
72 CR 73% CR 77
70 CR 69 CR 75
66 CR 63 CR 79
64 CR 6311 - CR 73 and CR 75 - CR 79
62 CR 65 CR 79
60 CR63 - CR65 and CR67 - CR79Yz
58 CR67 CR71
111111111111111111111111111111111111111 III 111111111 1111
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EXHIBIT C
T5N R63W
Section Parcel No(s). Property Owner
4 096504000001 State of Colorado
T6N R62W
Section Parcel No(s). Property Owner
W/2 6 079706000001 Elmer E. and Anna M. White
079706000002 4211 East 100th Avenue, #420
Thornton, CO 80229
SE/4 30 079730000002 Lois M. Rickets, et al.
P.O. Box 44242
Eden Prairie, MN 55344-4242
T6N R63W
Section Parcel No(s). Property Owner
W/2 SE/4 14 079914400006 Donald A. Forster
P.O. Box 268
Kersey, CO 80644
E/2 SE/4 14 079914400004 Robert R. Powers
34971 CR 68
Briggsdale, CO 80611
SE/4 20 079920000008 Julia M. Cook
079920000010 32470 CR 63
079920000023 Gill, CO 80624
079920000024
28 079928000001 State School Land
32 079932000005 State Land Board
800 8th Avenue, #219 A
Greeley, CO 80631
36 079936000003 State of Colorado
MIME VIII III'I VIII IIIIII IIIIII III VIII IIII IIII
3441938 12/14/2006 12:32P Weld County, CO
9 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
The undersigned, Jeffrey T. Bedingfield, attorney for the Petitioner, hereby certifies to the
best of his knowledge the following:
1. The foregoing list of names, addresses and Parcel Identification Numbers is an
accurate list of owners of property who own one(1)acre or more of land adjacent to one(1)or more
of the roadways for which Petitioner requests vacation; and
2. The foregoing list was assembled from the records of the Weld County Assessor
within thirty(30) days of the Petition submission date.
y
Je e . B dingfield /
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN to before me this g`a— day of September,2006 by Jeffrey
T. Bedingfield.
WITNESS my hand and official seal.
My commission expires:
Oam gad .
. PUg Notary Public
gyp. ... •:Q
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111111111111 11111 11111 11111 111111111111 111111111 11111
3441938 12/14/2006 12:32P Weld County, CO
10 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
STATE OF COLORADO
BOARD OF LAND COMMISSIONERS Department of Natural Resources
1313 Sherman Street, Room 621
Denver,Colorado 80203 -
Phone: (303)866-3454
Fax: (303)866-3152
STATE BOARD OF LAND COMMISSIONERS
NORTH CENTRAL OFFICE Managing
1220 11TH AVE. STE 302 state Trost Lands
, Since 1876
GREELEY, CO 80631 Bill Owens
970-352-3038 Governor
Russet George
Department of Natural Resources
Executive Director
Britt I.Wevgandt
November 13, 2006 State Board of Land Commissioners
Division Director
Weld County Commissioners
Weld County Centennial Center
915 10th St.
Greeley, CO 80631
Re: Petition to Vacate Portions of Weld County Roads
Dear Commissioners;
The State Board of Land Commissioners would like to go on record as opposing the vacation of
the roads outlined in the application from Wells Ranch, LLLP.
The Land Board is trustee for all of the school trust lands in Colorado. The land was granted to
the state in 1876 and the School Trust was formed. Because this is a perpetual trust, the Land
Board views the land on a long-term basis.
We believe that if the county roads are vacated, the value of the 4,480 acres the trust owns in the
area will be permanently diminished.
If you have any questions please feel free to contact me.
Sincerely,
Curtis Talley, Jr.
District Manager
C: Beverly Rave Field Operations Manager
COMMISSIONERS: Dennis V.Brinker, Steve k loldren, Holly Propst, Peter H. Walsh,Shirley W.Watson
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: November 15, 2006
TIME: 9:00 a.m.
APPLICANT:
Wells Ranch, LLLP
do Witwer, Oldenburg, Barry, and Johnson, LLP
Attn: Jeffrey Bedingfield
822 7th Street, Suite 760
Greeley, Colorado 80631
REQUEST: Petition to Vacate portions of Weld County Roads described in the attached Exhibit B,
subject to dedicated and recorded easements and rights-of-way
LEGAL DESCRIPTION: Fully described in the attached Exhibit A.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 3, 2006
2006-3161
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing,was placed in the United States mail, first class mail, postage prepaid, addressed to the
following property owners.
DATED this 3rd day of November, 2006.
WELLS RANCH LLLP
C/O WITWER OLDENBURG BARRY AND
JOHNSON LLP
ATTN JEFFREY BEDINGFIELD
822 7TH STREET SUITE 760
GREELEY COLORADO 80631
ELMER AND ANNA WHITE
4211 EAST 100TH AVENUE #420
THORNTON CO 80229
LOIS RICKETS, ET AL
PO BOX 44242
EDEN PRAIRIE MN 55344-4242
DONALD FORSTER
PO BOX 268
KERSEY CO 80644
ROBERT POWERS
34971 WELD COUNTY ROAD 68
BRIGGSDALE CO 80611
JULIA COOK
32470 WELD COUNTY ROAD 63
GILL CO 80624
STATE LAND BOARD
800 8TH AVENUE #219A
GREELEY CO 80631
Depu Clerk t he Bo rd
WITWER, OLDENBURG, BARRY &JOHNSON, LLP
ATTORNEYS AT LAW
822-7TH STREET.SUITE 760
STOW L.WITWER.JR. GREELEY, CO 80631 JEFFREY T. BEDINGFIELD
R.SAM OLDENBURG OF COUNSEL
JOHN.1 BARRY
JACQUELINE JOHNSON TELEPHONE:(970)352-3161
PATRICK M.GROOM FACSIMILE(970)352-3165
SENDERS E-MAIL ADDRESS:
KEYNEN JAE WALL.JR.
JBEDINGFI ELD@ WOWLAW.COM
DIRECT LINE.(970)3134771
September 8, 2006 --- Y
Bruce Barker 1J G.$ ' '
Weld County Attorney's Office SEP S 1 7f 1(16 I' `
P.O. Box 758 1 a Ja ?
Greeley, CO 80632 WELD POI; .1
ATTORNErc :,)E:
Re: Vacation of County Roads/Wells Ranch LLLP
Dear Bruce:
As per our telephone conversation, please find enclosed a Road Petition whereby Wells
Ranch LLLP is requesting the County to vacate certain stretches of county roads along section lines
interior to the Wells Ranch. I believe the Petition is complete and accurate based upon the
information I was able to receive from my client and the Assessor's Office.
If after you the County's review of this Petition you need any additional information,please
do not hesitate calling me.
Very truly yours,
WITWER, OLDENBURG, B SON, LLP
/
effrey T. Bedingfield
Attorney at Law
JTB:drg
Enclosure
cc: Steve Wells (with enclosure)
Kits MEMORANDUM
WI I D TO: Bruce Barker, County Attorney DATE: 10/9/2006
C FROM: Donald Carroll, Engineering Administrator /
•
COLORADO SUBJECT: Vacation of County Road Right-of-Way
Wells Ranch LLLP
The Weld County Public Works Department has done research through the title company on all
the existing rights-of-way incorporated with the Wells Ranch. Please find attached my
worksheets idehtifying adjacent property owners, status of the right-of-way, land patent dates,
and parcel numbers. All effected parcels either have 30 or 60 feet of right-of-way available for
access utilizing either county roads or section lines.
I ha\ a identified two potential problems associated with the proposed vacation of the section
line rights-of-way. These parcels are split within the ranch area. Access shall be the major
concern associated with the recorded exemption splits or subdivision applications. The second
item is associated with the proposed Prairie Falcon Parkway (super slab) alignment being
proposed through the county. This appears to sever the ranch into two parts.
Summary: Representing the development side, I would not support the vacation of the rights-
of-way. Usually when parcels are split there is public right-of-way available to access those
parcels. All existing utilities utilizing public right-of-way should remain and be identified as a
utility corridor.
I will circulate this throughout the Public Works Department to the appropriate sections before
sending it for scheduling.
pc: Wells Ranch file
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SPEC INSTRUCTIO S: •
et a h rA ��
Pursuant to Section 43-2-303, C.R.S.,am "' o r;
the Chambers of the Board of County Cc - NP. C; m cy
Centennial Center,915 10th Street, First Fl I: $� o m ,��
The complete case file may be examir tli § i' o o
Commissioners, Weld County Centennia s �`' N A, -
Colorado. E-Mail messages sent to an irn 31 N H _ w
file. To ensure inclusion of your E-Ma t .�' °' n, v 3 0
LL: r 00 .,
copy to egesick@co.weld.co.us. 4.i LL! wsa o
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DATE: November 15, 2006 o��i"n woo
TIME: 9:00 a.m. y*` wza
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APPLICANT: t:k' t, N o
Wells Ranch, LLLP }'~ ,•'*� ��.oi iii
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c/o Witwer, Oldenburg, Barry, and Johns W W o r-s¢ r. _
Attn: Jeffrey Bedingfield SSV13 isai4 t z W WW2 0 =
822 7th Street, Suite 760, aaleosaad s W O) I- N
Greeley, Colorado 80631 ¢ a o a o z.
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REQUEST: Petition to Vacate portions ofd Q $ OO x ..
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LEGAL DESCRIPTION: Fully described w w Z
BOARD OF COUNTY COMMISSIONER. I ct F ':•• q
WELD COUNTY, COLORADO 141 o
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DATED: November 3, 2006
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