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LU In: 17
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 04A-205R
IN THE MATTER OF THE APPLICATION OF THE TOWN OF WINDSOR, COLORADO, A
COLORADO HOME RULE MUNICIPALITY, FOR AN ORDER AUTHORIZING THE
CONSTRUCTION OF A ROADWAY CROSSING OVER THE GREAT WESTERN RAILWAY
TRACK AT THE INTERSECTION OF CROSSROADS BOULEVARD AND STATE HIGHWAY
257 IN THE TOWN OF WINDSOR, COUNTY OF WELD, STATE OF COLORADO
MOTION FOR WITHDRAWAL OF APPLICATION
The applicant, the Town of Windsor, Colorado ("Windsor"), hereby requests the Public
Utilities Commission to approve the withdrawal of its application in this matter. As grounds
therefor, Windsor states and alleges as follows:
1. Windsor's application was filed with the Public Utilities Commission on April 28,2004,and
supplemented on May 21, 2004.
2. On March 9, 2005, Windsor filed its Motion for Approval of Application. Said motion
incorporated the following:
• A Stipulation dated February 28, 2005, between Windsor; Great Western Railway of
Colorado,LLC("Great Western");Poudre Tech Metropolitan District("Poudre Tech");and
Trollco, Inc. ("Trollco")
• A Supplemental Stipulation dated March 7, 2005, between the same parties listed above
• A Private Road Crossing Agreement dated February 28, 2005, between Great Western and
Poudre Tech
• A Private Road Crossing Agreement dated February 28, 2005, between Great Western and
James and Grace Abbott
• A Private Road Crossing Agreement dated February 28, 2005, between Great Western and
James and Janetta Anglin
• A Contract for Services dated February 17, 2005, between Great Western and Trollco
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C L; . t'- eiO 2005-1277
3. On March 21, 2005, Judge Marquez issued an interim order requiring Windsor to file
additional documentation in support of its Motion for Approval of Application dated
March 9, 2005,and afforded seven days within which to submit such filing. On March 28,
2005, Judge Isley granted Windsor's Motion for Extension of Time, affording to and
including April 20, 2005, to respond to Judge Marquez's interim order of March 21, 2005.
4. Windsor concurs with Judge Marquez's interim order,concluding that Windsor's application
has been expanded to address not only the at-grade railroad crossing at the intersection of
Crossroads Boulevard and Colorado State Highway 257, but also issues pertaining to at-
grade railroad crossings at Weld County Roads 62 and 64 at their respective intersections
with State Highway 257. Likewise, Windsor concurs with the conclusion reached in the
interim order that inadequate notice has been given to the public with regard to the issues
addressed in Windsor's Motion for Approval of Application to the extent that that motion
addresses issues relating to the at-grade crossings of Weld County Roads 62 and 64 at their
respective intersections with State Highway 257.
5. Pursuant to Judge Marquez's suggestion set forth in Footnote 1 of the interim order dated
March 21, 2005, Windsor is filing herewith a new application with the Public Utilities
Commission,requesting the abandonment of the at-grade crossing at Weld County Road 64
and State Highway 257, the relocation of that crossing to Crossroads Boulevard at State
Highway 257, and the conversion of the public crossing at Weld County Road 62 and State
Highway 257 from the existing public at-grade crossing to a private at-grade crossing with
limited access.
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6. Windsor is authorized to represent that the intervenor Great Western and the interested
parties Poudre Tech and Trollco have reviewed and consent to the within Motion.
WHEREFORE, for the reasons aforesaid, Windsor requests that the Commission allow its
withdrawal of the application dated April 28, 2004, as supplemented on May 21, 2004.
DATED this /l' day of April, 2005.
APPLICANT:
TO F OR, LORADO
By
Jo . ey, Tow Atto y
mey Reg. # 891
8 Canyon Avenue, Suite 200
P. O. Box 2283
Fort Collins, CO 80522
Telephone: 970-493-8622
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion for Withdrawal of Application regarding
the Colorado Public Utilities Corftmission matter with Docket No. 04A-205R was properly mailed
with postage prepaid this /4 y1 day of April, 2005, to each of the following:
Town of Windsor Trollco, Inc.
Board of Trustees Martin Lind,President
301 Walnut Street 8200 Eastman Park Drive
Windsor, CO 80550 Windsor,CO 80550
Town of Windsor Town Board
Roderick L. Wensing, Town Manager Town of Windsor
301 Walnut Street 301 Walnut Street
Windsor, CO 80550 Windsor, CO 80550
Eastman Kodak Company Colorado Department Of Transportation
Kodak Colorado Division Right-of-Way Office
9952 Eastman Park Drive 4210 East Arkansas Avenue
Windsor, CO 80550 Denver, CO 80222
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Great Western Railway of Colorado, LLC County of Weld
Carl Hollowell Rob Masden, County Commission Chair
P.O. Box 737 P.O. Box 758
Loveland, CO 80539 Greeley, CO 80632
Mr.Hayne Hutchinson County of Weld
Railroad Coordinator Bruce Thomas Baker, County Attorney
4201 East Arkansas, Empire Park P.O. Box 758
Denver, CO 80222 Greeley, CO 80632
Ms.Karen Howard Colorado Public Utilities Commission
Deputy Attorney General Bruce Smith, Director
Regulatory Law Section Logan Tower, Office Level 2
1525 Sherman Street, 5th Floor 1580 Logan Street
Denver, CO 80203 Denver, CO 80203
OmniTRAX,Inc. Colorado Public Utilities Commission
Attention: General Counsel Ray Jantzen,Railway Section
252 Clayton Street, Suite 400 Logan Tower, Office Level 2
Denver, CO 80206 1580 Logan Street
Denver, CO 80203
Town of Windsor Town of Windsor
Edward Starck, Mayor Dennis Wagner, Director of Engineering
301 Walnut Street 301 Walnut Street
Windsor, CO 80550 Windsor, CO 80550
Daniel K. Calisher,Esq. OmniTRAX, Inc.
Foster, Graham,Buttner&Calisher, LLP Chris Dodge, V.P. of Engineering
1226 Bannock Street 252 Clayton Street, Suite 400
Denver, CO 80204 Denver, CO 80206
Mr. John J.Roberts
Assistant Attorney General
Business and Licensing Section
State of Colorado Department of Law
1525 Sherman Street, 5th Floor T%41.;-‘t"
., , "
Denver, Colorado 80203
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