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'_" --'"4—"r—..'•, w,a —1 gam_ ra i I e 1 i l I« tai .'2!% ili.i i ^!l 6 ig � ypa l .i3rf $ 3 I i�14 tg Ili .. a s I I §v z3 §ill: $ o9 a 6 Z e v i® T I 1 RESOLUTION RE: APPROVE MINOR RESUBDIVISION, RS #1126, FOR VACATION OF PLATTED ROADS,STREETS,AND ALLEY RIGHTS-OF-WAYLOCATED WITHIN THE PLATTED TOWNSITE OF PURCELL - PURCELL TOWNSITE ESTATES, LLC 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 Purcell Townsite Estates, LLC,2442 South Downing Street#201,Denver,CO,80210,for Minor Resubdivision,RS#1126,for vacation of platted roads, streets, and alley rights-of-way, within the platted Townsite of Purcell, Colorado, being further described as blocks A-C, E-F, and J-L, of the plat of the Town of Purcell; located in Section 19, Township 8 North, Range 64 West of the 6th P.M.,Weld County,Colorado, and WHEREAS,said applicant was present at said hearing held on October 30, 2006, and WHEREAS,Section 24-5-10 of the Weld County Code provides standards for review of said Minor Resubdivision, and the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Department of Planning Services and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners 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. This application will vacate all platted alleys within the platted townsite of Purcell, along with Jefferson Avenue, Mohler Avenue, and Davina Avenue. These roads and alleys are not physically in existence. The vacation of existing platted roads and alleys will not affect access for any platted lots in Purcell. All lots will still border platted road rights-of-way. b. Section 24-5-20.B - Seventy (70%) of the landowners adjacent to the proposed right-of-way vacation have waived any objection to the vacation by signing a petition. c. Section 24-5-20.C-The vacation is compatible with the surrounding area and uses, is consistent with efficient and orderly development, is consistent with Chapter 22 of this Code and does not deprive any parcel of adequate access to a public road or street right-of-way. 111111 MI 11111 1111111 1111 111111 11111 III 11111 1111 1111 2006-3028 3436157 11/20/2006 02:26P Weld County, CO PL1575 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder lCl /,' /kJ ///(6%O /VA- RE: MINOR RESUBDIVISION, RS#1126, FOR VACATION OF PLATTED ROAD, STREET, AND ALLEY RIGHTS-OF-WAY IN THE TOWN OF PURCELL - PURCELL TOWNSITE ESTATES, LLC PAGE 2 d. Section 25-5-20.D - The vacation of any right-of-way may require the reservation of an easement for public utility or drainage purposes in order to meet the easement requirements of Section 24-7-60. No utility easements were indicated on the original platted townsite of Purcell. The vacation of these streets and alleywayswill not have an impact on the future installation of utilities for lots in Purcell. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the application of Purcell Townsite Estates, LLC for a Minor Resubdivision, RS#1126,for the vacation of platted road,street,and alley rights-of-way located within the Townsite of Purcell, in the Town of Purcell, Colorado, on the herein above described parcel of land be, and hereby is, granted, subject to the following conditions: 1. Prior to Recording the Resubdivision Plat: A. The following information shall be placed on the plat prior to recording: 1) All plats shall be labeled RS-1126-A Resubdivision for vacation of platted roads, streets and alley rights-of-way adjacent to Blocks A-C, E-F, and J-L, of the platted Townsite of Purcell. 2) The following note shall be placed on the plat:"This resubdivision plat hereby vacates all internal alleys along with Jefferson Avenue, Mohler Avenue and Davina Avenue as originally shown on the Plat of the Town of Purcell recorded on November 29, 1910." 3) The resubdivision plat shall comply with section 24-5-40.6 of the Weld County Code. B. The applicant shall submit two(2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services C. The applicant shall create a digital file of all drawings associated with the Resubdivision application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);acceptable GIS formats are .shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). A copy shall be submitted to the Weld County Department of Planning Services at the time of Mylar plat submittal. 2. Upon completion of Condition of Approval#1 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 the Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements 111111 INII IIIII 1111111 Illl llllll IIIII III IIIII Illl I'll 2006-3028 3436157 11/20/2006 02:26P Weld County, CO PL1575 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder RE: MINOR RESUBDIVISION, RS #1126, FOR VACATION OF PLATTED ROAD, STREET, AND ALLEY RIGHTS-OF-WAY IN THE TOWN OF PURCELL - PURCELL TOWNSITE ESTATES, LLC PAGE 3 of Section 24-4-40.D.6 through D.11 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. 3. In accordance with Weld County Code Ordinance#2005-7 approved June 1,2005,should the plat not be recorded within the required sixty(60)days from the date the Board of County Commissioners Resolution was signed a$50.00 recording continuance charge shall added for each additional three (3) month period. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 30th day of October, A.D., 2006. BOARD OF COUNTY CO S �- AL - I 11,,,a ELD COUNTY ? .LORADO ATTEST: / /1 'fl � ea AYE � & ' ( ,` }�! . e-ile, Chair Weld County Clerk to the B .r :-, , . e. f ;;'� I (i _ AYE , aavid . Long, Pro-TemI BY: A ( LAA-6 ► er. Dep Clerk t the Board i AYE W is H. Jerke APPRO S TO • . t. , 1 up°`-Q-- (AYE) Robert . Masde Attorney _ AYE ) Glenn Vaad Date of signature: f//c Ib6 111110111111II111111111101111111Inn -III -III 3436157 11/20/2006 02:26P Weld County, CO 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2006-3028 PL1575 40#"61eT LAND USE APPLICATION SUMMARY SHEET COLORADO Case Number: RS-1126 Hearing Date: October 30, 2006 Applicants: Purcell Townsite Estates, LLC Planner: C. Gathman Request: A Resubdivision for vacation of platted road, street and alley rights-of-way located within the platted townsite of Purcell. Legal Description:Blocks A-C, E-F and J-L of the plat of the Town of Purcell; located in pad of the S2 of Section 19, TBN, R64W of the 6th P.M.,Weld County, Colorado Location: Approximately 400-feet north of County Road 90 and approximately 1,300 feet east of County Road 49. Parcel #: Multiple Parcels POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Resubdivision are listed in Section 24-5-10 of the Weld County Code. The Department of Planning Services'Staff has received responses from the following agencies: • Weld County Department of Public Works, referral received 9/22/2006 • Weld County Zoning Compliance, referral received 9/12/2006 • Weld County Department of Public Health and Environment, referral received 10/18/2006 • West Greeley Soil Conservation District, referral received 9/18/2006 • Weld County Department of Building Inspection, referral received 10/9/2006 Weld RE-9 School District, referral received 9/21/2006 The Department of Planning Services' Staff has not received responses from the following agencies: Nunn Fire Protection District Purcell Townsite Estates,LLC RS-1126 Page 1 2006-3028 44It RESUBDIVISION FOR LOT LINE ADJUSTMENT Wilic. COLORADO Case Number: RS-1126 Hearing Date: October 30, 2006 Applicants: Purcell Townsite Estates, LLC Planner: C. Gathman Request: A Resubdivision for vacation of platted road, street and alley rights-of-way located within the platted townsite of Purcell. Legal Description:Blocks A-C, E-F and J-L of the Plat of the Town of Purcell; located in part of the S2 of Section 19, T8N, R64W of the 6th P.M., Weld County, Colorado Location: Approximately 400-feet north of County Road 90 and approximately 1,300 feet east of County Road 49. Parcel#: Multiple Parcels 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 24-5-30.B 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 24-4-30.C 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. This application would vacate all platted alleys within the platted townsite of Purcell along with Jefferson Avenue, Mohler Avenue and Davina Avenue. These roads and alleys are not physically in existence. The vacation of existing platted roads and alleys will not affect access for any platted lots in Purcell. All lots will still border platted road rights- of-way. b. Section 24-4-20.6 - Seventy (70%) of the landowners adjacent to the proposed right-of-way vacation have waived any objection to the vacation by signing a petition. c. Section 24-4-20.C — The vacation is compatible with the surrounding area and uses, is consistent with efficient and orderly development, is consistent with Chapter 22 of this Code and does not deprive any parcel of adequate access to a public road or street right-of-way. d. The vacation of any right-of-way may require the reservation of an easement for public utility or drainage purposes in order to meet the easement requirements of Section 24-7-60. No utility easements were indicated on the original platted townsite of Purcell. The vacation of these streets and alleyways will not have an impact on the future installation of utilities for lots in Purcell. Purcell Townsite Estates,LLC Page 2 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 the Resubdivision Plat: A. The following information shall be placed on the plat prior to recording: 1) All plats shall be labeled RS-1126 -A Resubdivision for vacation of platted road, street and alley rights-of-way adjacent to Blocks A-C, E-F and J-L of the platted townsite of Purcell. (Department of Planning Services) 2) Place the following note on the plat: This resubdivision plat hereby vacates all internal alleys along with Jefferson Avenue, Mohler Avenue and Davina Avenue as originally shown on the Plat of the Town of Purcell recorded on November 29, 1910. (Department of Planning Services) 3) The resubdivision plat shall comply with section 24-5-40.6 of the Weld County Code. (Department of Planning Services) B. The applicant shall submit two paper copies of the plat for preliminary approval to the Weld County Department of Planning Services C. The applicant shall create a digital file of all drawings associated with the Resubdivision application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not acceptable). A copy shall be submitted to the Weld County Department of Planning Services at the time of Mylar plat submittal. 2. Upon completion of items 1 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.11 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. 3. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3 month period. Purcell Townsite Estates, LLC RS-1126 Page 3 0 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 918 10' STREET ' GREELEY, COLORADO 80631 III D C. COLORADO September 11, 2006 Purcell Townsite Estates LLC 2442 S. Downing #201 Denver CO 80210 Subject: RS-1126- Request for Resubdivision for vacation of platted road, street and alley right-of-way located within the platted townsite of Purcell; Blocks A-C, E-F and J-L of Purcell townsite; pt S2 of Section 19, TBN, R64W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. This application is scheduled before the Board of County Commissioners on October 30, 2006 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The Department of Planning Services'staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincatm erely, Chris Gathman Planner RESUBDIVISION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED : (NOT APPLICABLE) SEE ATTACHED EXHIBITS A-BB Parcel Number - - - - (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 See Attached Exhibits A-BB ,Section 19 Township 8 North, Range 64 West Property Address(If Applicable) Existing Zone District :_AG Proposed Zone District: N/A Total Acreage: -155 Proposed#/Lots_N/A Average Lot Size: N/A Minimum Lot Size: N/A Proposed Subdivision Name: N/A FEE OWNER(S) OF THE PROPERTY(If additional space is required, attach an additional sheet) Name: PURCELL TOWNSITE ESTATES, LLC C/O:Jay Scolnick Work Phone#_303-573-0067 Home Phone# Email Address_jscolOpchomesltd.com Address: 2442 S DOWNING#201 City/State/Zip Code DENVER/CO/80210 APPLICANT OR AUTHORIZED AGENT(See Belo w:Authorization must accompany applications signed by Authorized Agent) Name: PURCELL TOWNSITE ESTATES, LLC C/O:Jay Scolnick Work Phone#_303-573-0067 Home Phone# Email Address_jscol@pchomesltd.com Address: 2442 S DOWNING#201 City/State/Zip Code DENVER/CO/60210 UTILITIES: Water: N/A—ON SITE WELLS Sewer: N/A-ON SITE SEPTIC Gas: N/A Electric: XCEL ENERGY Phone : ()WEST COMMUNICATIONS DISTRICTS: School: RE-9 Fire: NUNN Post: N/A 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 n the followin escribed unincorporated area of Weld County. �I-O7rc6 n ure:Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date EXPLANATION OF APPLICATION AND REASON FOR PROPOSING RIGHTS-OF-WAY VACATIONS The proposed vacations are anticipated to be necessary to the public good either in terms of needed development or to result in a more desirable situation. The existing layout of roads, established in November 1910, creates intersections in close proximity to one another,believed to be in excess of the public's present and future needs. The vacations also provide a better road pattern in terms of safety. Purcell Townsite Estates, LLC is owner of 43 of the 53 parcels east of the Union Pacific Railroad, as identified on the Plat of Purcell, dated November 23, 1910. In addition, Purcell Townsite Estates, LLC has provided roadway and storm drainage improvements to support the ultimate development of the project site. Though there is the request for vacation,the site still maximizes the use of many of the existing rights-of-way from the 1910 Plat of the Town of Purcell. A1153 parcels are impacted by the roads, street and alley rights-of-way vacation request. Purcell Townsite Estates, LLC owns 43 of those 53 parcels. The removal of land that is devoted to unneeded right-of-way means that the County does not have to maintain it. Vacation of three of the six north-south roads—Jefferson Avenue, Mohler Avenue, and Davina Avenue—further enhances the circulation and"rural community" aspects of the proposed subdivision's half-acre-or-greater lots. In addition to the vacations providing a better road pattern in terms of safety, the rights-of-way have no significant value to the circulation plan of the County either now or in the near future. Furthermore,these vacations do not land-lock any existing parcel, lot of record, or tract. The original construction set, issued March 05, 2004, was later revised and reissued on July 15, 2005 to incorporate the Public Works Department comments and vacations to the roadway and drainage improvements. (Refer to attached re-subdivision map for clarifications to location of proposed vacations, drainage features.) Utility easements do not currently exist; however, vacations are not anticipated to pose any significant issues when utility easements are established. STATEMENT EXPLAINING THAT ALL LOTS AND PARCELS ADJACENT TO PROPOSED RIGHTS-OF-WAY VACATIONS MEET THE UTILITY STANDARDS (SECTION 24-7-60 OF THE WELD COUNTY CODE) It is understood by the Owner that easements will be designed to allow efficient installation of appropriate utilities. Currently, the site is planned to utilize water supply wells and leach field-septic systems on a lot-by-lot basis. Therefore, it is anticipated that phone, electric and/or other dry utilities will utilize the front or back of the lots for installation. The vacations of the alleys and roads will not have a negative impact on the installation of these utilities and the proposed development is laid out to facilitate efficient installation and options for their routings. Page 1 of 1 Jay B Scolnick From: Gene Coppola [trafficpe@comcast.net] Sent: Thursday, June 08, 2006 7:21 AM To: jscol@pchomesltd.com Subject: Fw: PurcellTownsite 2 (Purcell Subdivision) Jay. I am forwarding the e-mail sent to Peter Schei about a year ago regarding the right of way vacation. Gene Coppola ----Original Message ---- From: Gene C0000la To: pschei@co.weld.co.us Cc:jscol@pchomesltd.com ; Dan Hull Sent: Friday, May 06, 2005 1:12 PM Subject: PurcellTownsite 2 (Purcell Subdivision) Peter: As requested I am writing to summarize and document our recent discussions on the above development. Discussions were initiated as a result of your March 22, 2005 memorandum containing comments on this development. All comments have been addressed and resolved. The following issues and actions were agreed upon during this process. 1. The County will allow the elimination of Jefferson Avenue, Mohler Avenue, Davina Avenue and alley ways and will vacate the rights-of-way to the developer. 2. The developer will need to prepare and submit the appropriate vacation petition. 3. The developer will pave all remaining internal streets. 4. Issues related to external streets are no longer relevant. These were discussed and eliminated. 5. The traffic study is acceptable in its current form. 6. All issues and comments stated in your March 22, 2005 memorandum are resolved. Thank you for your cooperation on these items. Regards, Gene Coppola 303-792-2450 6/8/2006 r PETITION TO VACATE ROAD, STREET OR ALLEY RIGHT-OF-WAY Petition to Vacate 20-FOOT ALLEY-WAYS between Name of road,street,or alley _CARLIN STREET AND WASHINGTON STREET&VICKROY AVENUE AND MIRIAM AVENUE EXCLUDING COLUMBUS AVENUE N/A and N/A 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 ALLEY-WAYS AS DESCRIBED ABOVE AND AS IDENTIFIED ON ATTACHED EXHIBITS D-BB proposed for vacation do not object to this vacation. Do not sign Mr.and Mrs.,sign individually. Do not sign unless you have read all of the petition. Signature 2 /f e Mailing A ress Telephone# Date of Signing ‘2 . ..,2 Seed% Acidivi � Sze"- ` o2e (a;J C73 -oil. 7 OPwvr:e, cc crc 2, ? dam. a//o4. STATE OF COLORADO) ss. AFFIDAVIT OF CIRCULATOR COUNTY OF WELD ) I, being first duly sworn,depose and say that my address is ,that 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 the best of my knowledge and belief,each person signing the petition was, at the time of s' ing,, "owner"of re property adjacent to the proposed right-of-way vacation. c?/ /-c-..y /� - St O 1.vJCli Si re of circulator Printed me UBSCRIBED AND SWORN to before me this 1 day of 0 €i00 , aOo(O . WITNESS my hand and official seal. . 'N PUs , y0 I No ary Public �!� e DFQ^,A L. •` My commission expires: S,� _ FAt,-.., Q ST ••rT ; 11•OF C '"4 PETITION TO VACATE ROAD, STREET OR ALLEY RIGHT-OF-WAY Petition to Vacate JEFFERSON AVE, MOHLER AVE,AND DAVINA AVE between Name of road, street, or alley _CARLIN STREET AND WASHINGTON STREET, EXCLUDING ROOSEVELT STREET,CLEVELAND STREET, MAIN STREET AND GRANT STREET N/A and N/A 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_ROADS AS DESCRIBED ABOVE AND AS IDENTIFIED ON ATTACHED EXHIBITS A-C_proposed for vacation do not object to this vacation. Do not sign Mr. and Mrs., sign individually. Do not sign unless you have read all of the petition. 7e/AJAddr Telephone# Date of Signing STATE OF COLORADO) ss. AFFIDAVIT OF CIRCULATOR COUNTY OF WELD ) I, being first duly sworn, depose and say that my address is 02W2 11Otun.AirSt<1S&eoly DuruR4iat 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 , and that to the best of my knowledge and belief, each person signing the petition was, at;eyeme of sig an' ner"of real p erty adjacent to the proposed right-of-way vacation. Ire" mayy IS- S(do/N;c-,; Siof Circulator ad,— Nathe SUBSCRIBED AND SWORN to before me this 2S- day of , gat le WITNESS my hand and official seal. i .( p..!? / f T Public My commission expires: 5 -]n crcRA� �t -rJ7 It.(:,n� YrT,••0F•C�'j � n ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS DATE: WELD COUNTY, COLORADO P.O. BOX 758 GREELEY, COLORADO 80632 FROM: (Petitioners): Name Property sec Tg. Rae Charles Odend'hal Sec. 19, T. 8N, Range 64W,Lot31 , Block 17 Purcell Townsite Estates LLC S. 19T8N, R. 64W Lot 1 & 36 Blk. 29 Purcell Townsite Estates LLC S. 19,T8N,R64W Lot 1 &34 Blk. 20 Purcell Townsite Estates LLC S. 19.T8N,R64W, Lot 1 ,R1k17 Purcell Townsite Estates LLC S. 19,T8N, R64W,Lot 1 &77, R1k8 Purcell Townsite Estates,LLC S. 19,T8N.R64W, Lot 1 &21, R1k. 5 We, the undersigned citizens and real property owners of Weld County, Colorado, hereby petition that the road right of way described herein for Weld County Road Jefferson Ave. (describe crossroads) between Carlin & Washingtonbe declared abandoned and vacated by Weld County and hereby waive the ten day notice of hearing on this matter provided at least 48 hour verbal notice is given. This right of way is described as the Jefferson Avenue. north of ('arline Strent ant cnnth of Wachingfnn St. all 80 ' of ROW in the Town of Purcell of the 6th PM Weld County , Colorado. �� Page 1 of 3 The properties and owners of said properties adjoining said right of way are as follows': 1. Charles Odend'hal Lot 31 Block 17 Town of Purcell 2. Purcell Townsite Estates LLC Lots 1 &36, Blk29, 1 &34 Block 20 3, Lot 1 Blk17, Lots 1 & 27 Blk. 8, Lots 1 & 23 Blk 5 4. Existing utilities, including but not limited to, oil and gas pipelines, sewer, gas, water, or similar pipelines and appurtenances, ditches or canals and appurtenances, and electric, telephone, and similar lines and appurtenances within the right-of-way or holding a recorded interest to use or cross this right-of-way are2: none As support for this petition, Petitioners state that the right-of-way has not been constructed nor maintained by Weld County; that no part is within a City or Town or a County other than the County of Weld, that no portion of the right-of-way is shown as part of an approved or recorded Subdivision plat, map, or unincorporated community legally filed prior to any regulations controlling subdivisions; that the right-of-way is not used by the public; that vacation of the right-of-way will not leave any land adjoining said roadway land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road. Petitioners agree that they will permit any persons owning dedicated and recorded easements and rights-of-way for the use of the right-of-way to continue such use after formal vacation by Weld County. Further, Petitioners agree to pay costs of providing notice, including publication and recording of the resolution. 1This information shall be provided in the form of a certified list of the names,addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property(the surface estate)who owns one acre or more of land adjacent to the roadway. The source of such list shall be the records of the Weld County Assessor,or an ownership update from a title or abstract company or attorney,derived from such records or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty(30)days of the petition submission date. 2This information may be found by utility locates, title research,review of utility permits issued by the Department of Public Works and site investigation. Page 2 of 3 Special Provisions3: As witness, our signatures hereunto annexed and followed by our address this 20 day of O Ecl!e, , 20cS . SIGNATURES ADDRESS / ,1- k P.o. Box 337527, Greeley, CO 80633 - - --) 2442 South Downing Street, Denver 8021C ;This could include a means of substituting a right-of-way in another location such as:Petitioners agree to dedicate or otherwise convey,in a form acceptable to the Board,a 60'right-of-way as shown on the attached map and to provide any necessary surveys or legal descriptions to describe the right-of-way so conveyed. _�� Page 3 of 3 ;.--., REFERRAL LIST Name: Purcell Townsite Case#:RS-11 2, Co Towns&Cities Fire Districts _Attorney Ault _Ault F-1 z Health Department Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 Sheriffs Office _Eaton _Eaton F-4 z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 zBuilding Inspection _Fort Lupton _Johnstown F-8 Z Code Compliance Ann_Beth _Frederick _LaSalle F-9 _Kim Ogle (Landscape Plans) _Garden City Mountain View F-10_ _Lin (Addressing Change of Zone) _Gilcrest Milliken F-11 _Ambulance Services _Greeley z Nunn F-12 _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 _Lochbuie Union Colony F-20 . Water Conservation Board _Longmont Wiggins F-18 _Oil &Gas Conservation Commission _Mead _Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _BoulderValley/Longmont Windsor _Brighton/SE Weld Centennial Counties z Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs z School District RE-9 _USDA-APHIS Vet Service _Central Cob. Water Cons _Federal Aviation Admin _RR (Structures over 200 ft or w/in 20000 _Ditch Company ft of Pub Airport _Art Elmquist(MUD Area) _Federal Communications Comm ,7"R Weld County Referral C. September 11, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Purcell Townsite Estates, Case Number RS-1126 LLC Please Reply By October 9, 2006 Planner Chris Gathman Project Resubdivision for vacation of platted road, street and alley right-of-way located within the platted townsite of Purcell Legal Blocks A-C, E-F and J-L of Purcell townsite; pt S2 of Section 19, T8N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 400 feet north of CR 90; approx. 1,300 feet east of CR 49 Parcel Number NA 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. Board of County Commissioners (if applicable) October 30, 2006 O/We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 7' We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature A2I ��1 Date Agency — �(/� l��iL�T�GC +Weld County Planning Dept. ❖918 10th Street, Greeley, CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax Weld C ounty Planning Department WI I D GREELEY OFFICE Weld County Referral C• SEP 1 8 2006 COLORADO RECEIVED September 11, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Purcell Townsite Estates, Case Number RS-1126 LLC Please Reply By October 9, 2006 Planner Chris Gathman Project Resubdivision for vacation of platte L oad, street and alley right-of-way located within the platted townsite of Purcell Legal Blocks A-C, E-F and J-L of Purcell townsite; pt S2 of Section 19, TBN, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 400 feet north of CR 90; approx. 1,300 feet east of CR 49 Parcel Number NA 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. Board of County Commissioners (if applicable) October 30, 2006 O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Je, We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Date 19\— 1S_ \1) Agency � � (.J Q Weld County Planning Dept. :•918 10th Street, Greeley, CO. 80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax IWeld County Referral WI C• September 11, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Purcell Townsite Estates, Case Number RS-1126 LLC Please Reply By October 9, 2006 Planner Chris Gathman Project Resubdivision for vacation of platted road, street and alley right-of-way located within the platted townsite of Purcell Legal Blocks A-C, E-F and J-L of Purcell townsite; pt S2 of Section 19, T8N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 400 feet north of CR 90; approx. 1,300 feet east of CR 49 Parcel Number NA 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. Board of County Commissioners (if applicable) October 30, 2006 ❑ ydChave 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: �� (_� ► Li\ ��.��7►��w�•��) 1 • Signature j4JA fits' Date q_ ,/'y(' Agency ( a "�-�C.ta *Weld County Planning Dept. ❖918 10th Street, Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning Donrtment Sty ` ?U0E R CrrV . I f� f 0 rs'eld county ferral WI DO • SEP 14 2006 D September 11, 2006 COLORADO WELD COUNTY P g��f� The Weld County Department of • . -• Titf5 Wk4%EiEiiI ollowing item for review: Applicant Purcell Townsite Estates, Case Number RS-1126 LLC Please Reply By October 9, 2006 Planner Chris Gathman Project Resubdivision for vacation of platted road, street and alley right-of-way located within the platted townsite of Purcell Legal Blocks A-C, E-F and J-L of Purcell townsite; pt S2 of Section 19, T8N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 400 feet north of CR 90; approx. 1,300 feet east of CR 49 Parcel Number NA 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. Board of County Commissioners (if applicable) October 30, 2006 ❑ 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: pro Leos ti be Her Se r vtS (' . j24 6 lr C . 4ff/C4il 445//////�� tOelf kid tK etayecrsfr /u on u/ Thc WO , /CS . Signature .(/ Date ZI - SC - Z6Q G Agency PtrLl'1 (,f)6/ K S +Weld County Planning Dept. ❖918 10th Street, Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning Department GREELEY OFFICE OCT 1 8 2006 RECEIVED (it L"Hi" Memorandum TO: Chris Gathman, W.C. Planning WII DATE: October 13, 2006 C FROM: Pam Smith, W.C. Department of Public -) •COLORADO Health and Environment CASE NO.: RS-1126 NAME: Purcell Townsites Estates LLC The Weld County Health Department has reviewed this proposal. The applicant proposes to vacate certain platted streets and alleys in the historic Purcell townsite. This townsite will be served by individual septic systems and wells. The vacation of the specified streets and alleys will allow more land to be combined together for development of homesites. This increased area will allow the applicant to meet and/or exceed the minimal horizontal setback requirements between ALL wells and septic systems. The department is in support of this request. O:\PAM\Plan n i ng\rs-1126.rtf ri(if(te Weld County Referral O • September 11, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Purcell Townsite Estates, Case Number RS-1126 LLC Please Reply By October 9, 2006 Planner Chris Gathman Project Resubdivision for vacation of platted road, street and alley right-of-way located within the platted townsite of Purcell Legal Blocks A-C, E-F and J-L of Purcell townsite; pt S2 of Section 19, TBN, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 400 feet north of CR 90; approx. 1,300 feet east of CR 49 Parcel Number NA 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. Board of County Commissioners (if applicable) October 30, 2006 ❑ 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. fit See attached letter. Comments: Signature .tl �C �i Date Itot4 Agency we ►ri to 9 Sc. nool C{ 0. .. '-' , LO look +Weld County Planning Dept. ++918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Highland Schools Weld Re-9 210 W.First Street P.O.Box 68 Ault, Colorado 80610 (970)834-1345 Educational Excellence Weld County Planning Department Through September 20,2006 GREELEV OFFICE Community SEP 2 1 2006 Unification Purcell Townsite Estates,LLC C/O Jay Scolnick RECEIVED 2442 S. Downing#201 Denver CO 80210 Dear Mr. Scolnick: The Weld RE9 School District with schools located in Pierce and Ault Colorado, recently received the referral from Weld County concerning the resubdivision for vacation of platted road, street and alley right-of-way located within the platted town site of Purcell. Your planned subdivision is exciting for future growth of central Weld County. However, it would have profound impact on the schools of the Weld RE9 District in which the development is located. The district has entered into agreements with several municipalities located within the district to collect cash-in-lieu of land fees when a building permit is issued. If Purcell becomes incorporated the district would be willing to enter into the same type of agreement. If not,then the district would need to collect the fees up front as we do with all other county recorded exemptions. The fee is$759 per lot created for future residential development. 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I I "; i I I I I I I I I I I I I I — p4y •:::_ix"....:::::, :::•:•:•:0 �__ LL �—�1.___ I " a ..ea z VJOC[r 2C GI eC e• I }I.a0y e,.I a•e l.'.e IIeaM�.,,e�.,,,e 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#: 1.Applicant Name PURCELL TOWNSITE ESTATES, LLC_C/O:Jay Scolnick_ Phone 303.573-0067 Address 2442 S DOWNING#201 City_DENVER State_CO_Zip_80210_ 2.Address or Location of Access_Northeast of WCR 49 and WCR 90 Section 19 Township 8N Range_64W_Subdivision N/A Block N/A Lot N/A Weld County Road#: 90 Side of Road_N_Distance from nearest intersection 1320-ft 3. Is there an existing access(es)to the property?Yes x No #of Accesses 2 4. Proposed Use: ❑ Permanent • ResidentiaUAgricultural o Industrial ❑ Temporary o Subdivision o Commercial o Other 5. Site Sketch Legend for Access Description: AG =Agricultural RES = Residential O&G =Oil&Gas D.R. =Ditch Road ▪ =House • =Shed g D • = Proposed Access `D 1 fY ♦ = Existing Access Q. NI41. WCR 90 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions o Installation Authorized o Information Insufficient Reviewed By: Title: N/ IIIiii in'IIII11111 Imil IEIIl 411111 III IIIIIII ill IIIIIj ill RECD 0CT 24 2005 � 3327622 09/30/2005 12:17P Weld County, CO 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder CORRECTION WARRANTY DEED -6k t/c1 O N THIS DEED,Made this 20th day of September,2005 between N�� • V(' Judy May, also known as Judith Ann May �,! of the County of Weld,State of Colorado,grantor and • Bennett Estates L.L.C.,A Colorado limited liability company whose legal address is:2442 S.Downing#201,Denver,CO 80210 ` of the County of Weld,State of Colorado,grantee: `t' WITNESSETH,That the grantor for and in consideration of the sum of Ten Dollars and NO/100's(510.00) the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the grantee,his heirs and assigns rZ forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld,and State of COLORADO,described as follows: See Exhibit A attached hereto and made a part hereof. **Deed recorded to correct legal description of warranty deed recorded August 22. 2005 at Reception #3315331 14. also known by street and number as Vacant Land,Purcell,CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof, and all the estate,right,title,interest claim and demand whatsoever of the grantor,either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal $ representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns.that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has good,sure,perfect,absolute and indefeasible estate of inheritance,m law,in fee simple,and has good nght,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes, assessments,encumbrances and restrictions of whatever kind or nature soever,except all taxes and Nassessments for the current year,a lien but not yet due or payable.and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer m accordance with Sc section Sa"Title Review",of the contract dated August 15,2005,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the \4\V quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. SELLER: ..41J y May:o known udit6 Ann May /�l Ludy ,also known u di0n A�May -/ J ATE OF COL }SS: COUNTY OF Weld }SS: S:4, CO at was acknowledged before me this 20th day of September,2005 by Judy May„ ; • `Judi n May • W: ;Pcst ')vl.,0,lz Gt 291 JAmeerny Jd r seal. Notary Public F loye �(6& 01 /61 WDPHOTO 0 Security Title Warranty Deed(For Photographic Record) File No.S0047840 ... / 1 1111111111111111110111 II1�"�II 1111111 �� 11111 ��! �� 3327622 09/30/2005 12:17P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder Exhibit A The following Blocks within Purcell Townsite, County of Weld, State of Colorado: Blocks A.B.C,E,F,7,K.L Block I Block 2 Block 3 Block 4 Block 5 Block 8 except Lots 8-9 and 14-16 Block 9 except Lots 23 and 26 Block 10 Block 11 Block 12 Block 13 Block 14 Block 15 Block 16 except Lots 5,9-11 and 21-32 Block 17 except Lots 6 and 28-31 Block 20 Block 21 Block 22 Block 23 Block 24 Block 25 Block 26 Block 28 Block 29 Block 27 ��m�n�11��ui i15Mn�iiiii m iigui iii mill im ica 331 1 of 2 A 11.00 B 42.00 Steve Moreno Clerk 8 Recorder WARRANTY DEED THIS DEED,Made this 15th day of August,2005 between ,/ L/l-f Judy May„also known as Judith Ann May Dr Qof the County of Weld,State of Colorado,grantor and . Bennett Estates L.L.C.,A Colorado limited liability company k.,ti whose legal address is:2442 S.Downing 8201,Denver,CO 80210 of the County of Weld,State of Colorado,grantee: WITNESSETH,That the grantor for and in consideration of the sum of Four Hundred Twenty Thousand Dollars and NO/100's($420,000.00)the receipt and sufficiency of which is hereby acknowledged,has Igranted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm, unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any, situate,lying and being in the County of Weld,and State of COLORADO,described as follows: See attached Exhibit B Together with all of g grantor's right,title and interest in and to all minerals,mineral rights,oil and oil and gas rights,if any. also known by street and number as Vacant Land,Purcell,CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof, and all the estate,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,MI power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes, assessments,encumbrances and restrictions of whatever kind or nature soever,except all taxes and t assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a"Title Review",of the contract dated August 15,2005,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. r IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. SELLER: ]u May also known as Judith Ann Ma " _ //A e." \ Jud ay,al.o own as Judith ay 11 - ' STATE OF COLORADO 1 COUNTY OF Weld The foregoing instrument was acknowledged before me this 15th day of August,2005 by Judy May„also l •known as Judith Ann May - cimit----a i-J::::BCD , .. .JtilIOtt7Dloary Public Witness my hand and official seal.,}, Y q My Commission expires:2/23/07':,...Z.... r`''h V WDPHOTO Warranty Deed(For Photographic Record) Security Title File No.S0047840 • 1 101111111101 1111II1111111111111111111111 3315331 8/2212005 02:238 Weld County,CO 2 of 2 R 11.00 0 42.00 Steve Moreno Clerk&Recorder Exhibit B The following Blocks within Purcell Townsite, County of Weld, State of Colorado: Blocks A,B,C,E,F,J,K,L Block 1 Block 2 Block 3 Block 4 Block 5 Block 8 except Lots 8-9 and 14-16 Block 9 except Lots 23 and 26 Block 10 Block 11 Block 12 Block 13 Block 14 Block 15 Block 16 except Lots 5,9-11 and 21-32 Block 17 except Lots 6 and 28-31 Block 20 Block 21 Block 22 Block 23 Block 24 Block 25 Block 26 Block 28 Block 29 lel/12/2bbb lb:.i( .11.1t1bDiUDb 1-1HINtr< r'HM]t nL Colorado Secretary of State r_ r ' { Date and Time: 10/12/2005 01:21 PM Document processing fee Entity Id: 20011121396 If document is filed on paper $125.00 if document is filed electronically S 50.00 Document number. 20051379145 Pecs&fonnsIoover sheets are subject to change. To file electronically,access instructions for this form/cover sheet and other information or print copies of filed documents,visit www.sos.stabs.co.us and select Business Center. Paper documents must be typewritten or machine printed lion ae,ea rae awes tees oMx Articles of Amendment filed pursuant to§7.90-301,et seq.and§7.80.209 of the Colorado Revised Statutes(C.R.S.) ID number: 20011121396 1.Entity name: SENNETT ESTATES L.L.C. (1laltanBag the new of the lad babe*roenPa, and ere mine B012RE the name change) 2.New Entity name: (if applicable) PURCELL TOWNSITE ESTATES LLC 3.Use of Restricted Words bfmy eft/rem teams are cattafemdin on minty name,rue O "bank"of"trust"or any derivative thereof mane afan army,Wade names arnademak ❑ "erodit Onion" O "savings and loan" noted/n Otte document,mark the appkceble O "1nstuanee","casualty"."mutual",or"surety" lor) 4.Other amendments,if any,arc attached. 5.If the limited liability company's period of duration as amended is less than perpetual,state the date on which the period of duration • OR If the limited liability company's period of duration as amended is perpetual,mark this box: ❑✓ 6.(Optional) Delayed effective date: Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the pen on whose behalf the individual is causing the document to be delivered for filing,taken in conformity AMD LLC Page 1 of 2 Rev.6/15/2005 O/1L/COOL) 10.01 ot000J10JO rMnr or4-0VCrt r MI.*. Od with the requirements of part 3 of article 90 of title 7,C.RS.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document ti one who has caused it to be delivered 7.Names)and address(es)of the iadividual(s)causing the document to be delivered for filing: Scolnick Jay B. UK) (First) Mate) IWO 2442 S. Downing St., Ste.201 (Sbeetname amt naaberer Post Office Bca bbfermasa,) Denver CO 80210 Oa) (PeeteliZep Cade) UnuStates Province—G abki trove"—fact us) alte cle nest need met state the Ina Anne and address gimme than an lndfMeel. fla,ene.Chou rbh to state the nem artdarktrear forty additional AdhMuds causing Me doormen be ddMred for filing mark this bar O and delude an auucbnent nag Mc ,, neend address(ark mdfM wkj Disclaimer: This form,and any related instructions,am not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remoras the responsibility of the user of this form. Questions should be addressed to the user's attorney. AhtD LLC Paae2ot2 kw.615/2005 10.The management of the limited liability company is vested in managers 121 OR is vested in the members O 11. There is at least one member of the limited liability company. 12.(Optional) Delayed effective date: 13.Additional information may be included pursuant to other organic statutes such as title 12,C.R.S. If applicable,mark this box O and include an attachment staling the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or aclmowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.RS.,the constituent documents,and the organic statutes,end that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delive,ai 14.Name(s)and address(es)of the individual(s)causing the document Seolnitic Jay B. to be delivered for filing: 2442 S. Downing St., Ste.201 Oa) antip Naga) (Baser name and mother or PanOfce D®afaamonJ Denver CO 80210 rcar1 wall States(Ps"In4'CS.) "rot.-rapplicabk) 1L'aiM7—(not US) (tae deeanent need manta the rum nave and Street ofmme than one Winded!. However,(ygmwtd ea ewe the none and address ofany additional individuals tatting the daemon to be deihnd fwjdin&mark this bas. O and IuMk a attaalm entarenlag the none and address ofsach Indtvidwaki Disclaimer: This form,and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this In Queaions should be addressed to the user's attorney. ARTORG rLC Pigs 3 of 3 Rev.1/19/7005 ^ DEP+RTMENT OF PLANNING SERVICES a PHONE (970)353-6100, EXT.3540 FAX (970)304-6498 918 10th STREET GREELEY, COLORADO 80631 111k. COLORADO September 11, 2006 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: RS-1126 This application is scheduled before the Board of County Commissioners on October 30, 2006 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. NAME: Purcell Townsite Estates LLC REQUEST: Resubdivision for vacation of platted road,street and alley right-of-way located within the platted townsite of Purcell LEGAL DESCRIPTION: Blocks A-C, E-F and J-L of Purcell townsite; pt S2 of Section 19, TBN, R64W of the 6th P.M., Weld County, Colorado. LOCATION: 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 Chris Gathman, 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. CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number RS-1126 was placed in the United States Mail,first class mail, postage prepaid, addressed to the following properties. Dated the 121h day of September, 2006 J Voneen Macklin Recording Secretary for Planning Commission PURCELL TOWNSITE 2442 S DOWNING#201 DENVER CO80210 BUTTLES AUGUSTUS CIO JOHN EASTERBROOK 4060 BUCHANAN DR FAIR OAKS CA 95628 ELLIS PW C/O BOB ELLIS 5783 AMETHYST AVE ALTA LOMA CA 91737 GREEN ELSIE 19810 N PALO VERDE DR SUN CITY AZ 85373-1137 ODENDHAL BARBARA 819 35TH AVE GREELEY CO 80634 WALDO RALPH JR C/O MARY MELENEY 7354 S COSTILLA CT LITTLETON CO 80120 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: Blocks A-C. E-F and J-L Purcell of S1/2 of Section 19 of T8N R64W was utilized as the outer boundary for the various properties being considered for vacation. (See attached exhibit) SEE ATTACHED FOR LIST OF PROPERTIES ADJACENT TO VACATIONS Parcel Number (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessors 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 UNDER SIGNED, being first duly sworn , 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 property(the surface estate)within five hundred(500)one thousand(1000)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 s hall be current a s of a date no m ore than thirty(30)days prior to the date the application is submitted to the Department of Planning Ser vices. 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. -24 Signature Date Signature Date Ig ature Date 7- -c6 r� n 1000-ft NOTIFICATION MAP `�' 2- gig s f R f f € '� f s " �` 3 6 32 c � ¥ � wag � � 4 ere 1a as -nsseiki "' >n gg a n y 's E� € Sg .r 'szaiggg ea • s is r k 1 N,r t...'',4,...1°1/46 �Y,ca •10 gaf i »... 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