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Home My WebLink About20052791.tiff % RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF WELD COUNTY ROAD 64.75 - OWENS-BROCKWAY GLASS CONTAINER, INC. 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 Owens-Brockway Glass Container, Inc., 11133 Weld County Road 64.75, Greeley, Colorado 80631, a copy of said petition being attached hereto and included by reference, requesting vacation of a portion of right-of-way for Weld County Road 64.75, being more fully described as follows: The roadway's north side,from its newly redesigned and constructed intersection with Weld County Road 23, east to the Center-North Sixteenth Corner of Section 25,Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the County Attorney's Office and Departments of Public Works have recommended approval of said request since that portion of Weld County road right-of-way is 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, 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 that portion of Weld County road right-of-way which is described above 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 portion 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 Owens-Brockway Glass Container, Inc., be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the portion of right-of-way which is described above be, and hereby is, vacated. 11111111111111111111111IIIII11111111111III 11111 IIII IIII 2005-2791 3329397 10/06/2005 02:16P Weld County, CO �n� EG0043 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder CO , RAJ, �L, nA /61-ft-or RE: VACATION OF PORTION OF WCR 64.75 - OWENS-BROCKWAY GLASS CONTAINER, INC. 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 19th day of September, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: i _ �� ;• �� ' 361 It i- 1/49t�1� William H. e, Chair Weld County Cler t eile, ro-Tem BY: Depi Clerk . the Bo d c1/41 64 Da ' E. Long APPROVER AS FORM: Robert D. Masden County Attorney EXCUSED Glenn Vaad Date of signature: I 1 111111 11111 11111 11111 111111 111 11 III HE IL IIII 3329397 10/06/2005 02:16P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-2791 EG0043 ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS DATE: S/2 zi /05 WELD COUNTY, COLORADO P.O. BOX 758 GREELEY, COLORADO 80632 FROM: (Petitioners): Name Property sec 12. Range 16'101s N '/z N i24��iW We,the undersigned citizens and real property owners of Weld County,Colorado,hereby petition tha, the road right of way described herein for Weld County Road bi-N4- (describe crossroads)betweenWU 23 Lath to 1/4 Get. be declared abandoned and vacated by Weld County and hereby waive the ten day notice of hearing on this matter provided at least 48 hour verbal notice is given. This right of way is described as the See atlac1iecl legal cdescvtFilar) avid ex-1/4t,otit of the 6th PM Weld County , Colorado. —1- 2005-2791 The properties and owners of said properties adjoining said right of way are as follows': Pat,c.ei t' Ob°1252Ooo5o 1. =Treat lQesleren Pgah vay of Colova4 out 252 CIAO-by' `i t 1 4r"' Moor, Dci vev Cb So2o hcircE.l t . °so42wa0007 Nancy L.tkcarrcli z4b4 N.WacI,ii c en Spakane. WA 91612("5 Parcel o o-1ZSoOoo44 ee.. D€Merer YUCK 23 3/4 E5vcciey (Jr) SC(03i t'are.el Ck oetYl2bcooc)Ls 4 RiCbkard 4 ► atity7 VIetn SFe4" 31703 VJCY2 L3 CYeeley Co eoto31 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: nu h ties 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 to 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. -2- Special Provisions': As witness, our signatures hereunto annexed and followed by our address this 24 day of A ut9 , 20 05 . SIGNATURES ADDRESS (1133 c c.,n� fRoaci ( L( yq / 6rtAe,,l CU et(-3( • M:\WPFILES\PWORKSWACATRDFFORM.WPD 3This could include a means of substituting a right-of-way in another location such as: Petitioners agree to dedicate or otherwise convey,in a form acceptable to the Board,a 60'right-of-way as shown on the attached map and to provide any necessary surveys or legal descriptions to describe the right-of-way so conveyed. -3- PROPERTY DESCRIPTION (1 of 2) A parcel of land being part of the North Half of the Northwest Quarter(N1/2 NW1/4)of Section Twenty- five(25), Township Six North(T.6N.), Range Sixty-seven West(R.67W.)of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: BEGINNING at the North Sixteenth (N1/16) Corner between said Section 25 and Section 26,T.6N., R.67W. and assuming the West line of the Northwest Quarter of the Northwest Quarter(NW 1/4 NW 1/4)of said Section 25 as bearing South 00°19'09" East, being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 1319.29 feet with all other bearings contained herein relative thereto. From said N1/16 Corner the Center-North Sixteenth(C-N 1/16) Corner of said Section 25 bears North 89°01'28"East a distance of 2644.60 feet: THENCE North 89°01'28" East along the South line of said N1/2 NW1/4 a distance of 499.74 feet to the TRUE POINT OF BEGINNING, said point being the beginning point of a curve, said curve being non- tangent to aforesaid line; THENCE along the arc of a curve which is concave to the North a distance of 120.91 feet, said curve having a radius of 525.00 feet, a central angle of 13°11'44" and a long chord bearing North 76°34'37"West a distance of 120.64 feet to a point on the North Right-of-Way (ROW) of Weld County Road No. 64 3/4 (WCR64%) established by The Board of Weld County Commissioners on October 5, 1881 in Book 3 at Page 14 of the Weld County Commissioners Records, said ROW being Thirty (30) feet North of and parallel with the South line of said N1/2 NW1/4; THENCE North 89°01'28"East along said ROW,being non-tangent to aforesaid curve, a distance of 2262.09 feet to the East line of said N1/2 NW1/4; THENCE South 00°15'33"East along said East line a distance of 30.00 feet to said C-N 1/16 Corner; THENCE South 89°01'28"West along the South line of said N1/2 NW1/4 a distance of 681.04 feet; THENCE South 89°47'21"West a distance of 570.45 feet to a Point of Curvature(PC); THENCE along the arc of a curve which is concave to the South a distance of 274.93 feet, said curve having a radius of 5040.00 feet, a central angle of 03°07'31"and a long chord bearing South 88°13'36"West a distance of 274.89 feet to a Point of Tangency(PT); THENCE South 86°39'50"West a distance of 91.94 feet to the South line of said N1/2 NW1/4; THENCE South 89°01'28" West along the South line of said N1/2 NW1/4 a distance of 526.70 feet to the TRUE POINT OF BEGINNING. Said parcel contains 1.426 acres more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. 00 RE e'/ Charles B. Jones-On ha YIP igg :0: ors.z1 nc. ofac • Colorado Registered 't t a,lonal i i� Land Surveyor#22098 i KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2003156-I L:\2003156-I\legal descriptions\OI-ROW-VACATION-LEGAL-DESC.doc Last printed 8/23/2005 1:32 PM A r c\ n V\ ' o o A --1•41,41--1•41,41a o m a w 5. r Oa O O i7,- % 0 I I - - — I I ` `G Z N CO m o a I I NORTHWEST CORNER r LI \ \\\ 2- O2 i-. D `°ci) � ��..♦♦`�\ I SEC. 25, T.6N., R.67W. I I I \,\\ I D G 0 D �i 2 S. '4 m I II I II 11 \\\ NOTE: This exhibit drawing is not intended to be a o m m Z •_ I vi D I i i LINE TABLE I I \ monumented land survey. It's sole purpose is as a z -< co t/ 1 4 I ch �I III LINE BEARING LENGTH II I \\\\ graphic representation to aid in the visualization of O rn D / ' _ • �� C I I I I I I the written property description which it accompanies. ,r; 3 • ` m O L12 N89'01'28"E 499.74' I i The written property description supersedes the O O ' \ �� O (' IJ L13 800'15'33"E 30.00' i I exhibit drawing. O , O I�'wll 11 �, • N• m m O L14 886'39'50"W 91.94' < � � � , y i � h i m ,4 �..� ' m 13 h I I CURVE TABLE TI �`�w z �' II CURVE LENGTH RADIUS DELTA CHORD CH BEARING II D \ g , , 11 C8 120.91' 525.00' 1311'44" 120.64' N76'34'37"W II OWLN.f-RA'OGYWAY X z 1�l ° z e ^C I C9 274.93' 5040.00' 03'07'31" 274.89' 588'13'36"W I CLASSCONTA/NAX,/NC N �-. 0 ...\11/43 - A'EC NO 0/107_121 CD 0 O ,z O I OWEiVS-RA'OC.YWAY i O CLASSCONTA/NEX,INC I ikkrtO A m m RAC NO 0.7107524 I II N (7 C] I 1 I I II co - \ g `' COUNTY ROAD RIGHT-OF-WAY I I 1\\ I o \ z `oi‘j Q I \�BY SEPARATE DOCUMENT II \ \\ Ui CO Can CTI k\.., SOUTH LINE OF THE NJ¢ NWYa OF SECTION 25 \\ \`\ N89'O7'28"E 2644.60' N w • 1 �\ NORTHWEST SIXTEENTH CORNER \\\\\\ \\J SECTION 25, T.6N., R.67W. 30' C8 " 0O 71.426 acres 2262.09' in (.4 N89'01'28 E v\> — — — — 0 0 - I _ -vvc� o � — — S89'01' 8W 526.70' L4 C9 88947'21"W 570.45 889'01'28"W 681.04DOO" oTRUE POINT WELD COUN7YROADNO. 643/4IIOF BEGINNINGO m m Z04CPIGREATWEfTENLLWAYOFCOLOIIADO,LACCENTER-NORTH SIXTEENTH CORNERn, c� 0 Li w O O I NORTH SIXTEENTH CORNER AEC:470. 0.7107SLP �, o o0 I m N o SECTIONS 25 & 26, T.6N., R.67W. SECTION 25, T.6N., R.67W. N = O z o 0 I I POINT OF BEGINNING TI rn "' m 1O00 zc� C� DZ � � : z z xi -4 •• Ch Dim ' rn z 0 =I o r mm o C z 0 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 charding@co.weld.co.us. DATE: E# TIME: 9:00 a.m. APPLICANT: Owens-Brockway Glass Container, Inc. 11133 Weld County Road 64.75 Greeley, CO 80631 REQUEST AND LEGAL DESCRIPTION: Petition to Vacate a portion of Weld County Road 64.75 on the roadway's north side, from its newly redesigned and constructed intersection with Weld County Road 23,east to the Center-North Sixteenth Corner of Section 25,Township 6 North, Range 67 West of the 6th P.M.,Weld County,Colorado,excepting therefrom easements for existing utilities and any other dedicated and recorded easements and rights-of-way. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 7, 2005 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 7th day of September, 2005. OWENS-BROCKWAY GLASS CONTAINERS, INC. 11133 WELD COUNTY ROAD 64.75 GREELEY CO 80631 GREAT WESTERN RAILWAY OF COLORADO, LLC 252 CLAYTON STREET FOURTH FLOOR DENVER CO 80206 NANCY LIKARISH 2404 NORTH WASHINGTON SPOKANE WA 99205 LEE DETTERER 31815 WELD COUNTY ROAD 23.75 GREELEY CO 80631 RICHARD AND MARILYN WEINMEISTER 31703 WELD COUNTY ROAD 23 GREELEY CO 80631 Zu Board Dep Clerk t the Board Hello