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Home My WebLink About20040689.tiff 5!), RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION TO VACATE A PORTION OF WELD COUNTY ROAD 17 NORTH OF WCR 32 -SHERRY REDMOND AND ELVERNA BURCHFIELD LIVING TRUST 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 Sherry Redmond and Elverna Burchfield Living Trust,Go McFeeders Realty Appraisal and Management, LLC,221 West Platte Avenue, Fort Morgan, Colorado 80701, 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 17 north of Weld County Road 32, being more fully described as follows: The public road right-of-way lying 30 feet on the east side of the section line between Sections 16 and 17, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado, south of the right-of-way established by the Road Viewer's Report recorded in Book 658, Reception #456809 WHEREAS, a public hearing was held on the 8th day of March, 2004, to consider said petition, at which time, the Board deemed it advisable to continue said matter to March 29, 2004, and WHEREAS,at said hearing on the 29th day of March,2004,the applicant was represented by Don Jones, McFeeders Realty Appraisal and Management, LLC, and WHEREAS,the Department of Public Works has recommended denial of the right-of-way vacation request at the present time, but to reconsider the request when the applicant files formal development plans, 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, the Board of County Commissioners heard testimony and reviewed all other evidence presented therein by staff and the public, and WHEREAS,the Board of County Commissioners deems it advisable to deny said petition to vacate said portion of road right-of-way. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Road Petition from Sherry Redmond and Elverna Burchfield Living Trust, do McFeeders Realty Appraisal and Management, LLC be, and hereby is, denied; however, the request will be reconsidered when the applicant files formal development plans. 11101 11111 11111 lila III /1111111 III HI3 IIII 1111 1 1 of 23R 0.00,2004 D 0.00 Steve Weld County, Moreno Recorder 5568228689 r-o - �-U l ,-2 -Z °Li- /a-c y • RE: DENY VACATION OF WCR 17 NORTH OF WELD COUNTY ROAD 32 - SHERRY REDMOND AND ELVERNA BURCHFIELD LIVING TRUST PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 29th day of March, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: LAW) �(y �+ Robert D. Masden, Chair Weld County Clerk to t j :o 1861 William H. e, Pro-Tem BY: /1�'��!�' ,•�r.� �! Deputy Clerk to the�:,�y. M. J. ile APPR S TO FO' i David E. Long °Laity Attorney Glenn Vaad Date of signature: 14- 1 111111 11111 11111 113111 IIII III 11111111 III 11111 1111 IIII 3168863 04/08/2004 11:23A Weld County, CO 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder EG0050 2004-0689 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,91510th 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,91510th Street,Third Floor,Greeley,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: March 8, 2004 TIME: 9:00 a.m. APPLICANT: Sherry Redmond and Elverna Burchfield Living Trust c/o McFeeders Realty Appraisal and Management, LLC 221 West Platte Avenue Fort Morgan, Colorado 80701 REQUEST: Petition to Vacate a portion of Weld County Road 17 north of Weld County Road 32 subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: The public road right-of-way lying 30 feet on the east side of the section line between Sections 16 and 17,Township 3 North,Range 67 West of the 6th P.M.,Weld County, Colorado,south of the right-of-way established by the Road Viewer's Report recorded in Book 658, Reception #456809. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: February 23, 2004 2004-0689 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 23rd day of February, 2004. SHERRY REDMOND AND ELVERNA BURCHFIELD LIVING TRUST C/O MCFEEDERS REALTY APPRAISAL AND MANAGEMENT LLC 221 WEST PLATTE AVENUE FORT MORGAN CO 80701 Deputy Clerk to the Board Mcreeders REALTY,APPRAISAL & MANAGEMENT L.L.C. ,Serving euctomerc from the nlninc to the rnekiec February 2, 2004 Carol Harding, Clerk Board of County Commissioners P.O. Box 758 Weld County Greeley, CO 80632 RE: ROAD PETITION TO VACATE UNUSED EASEMENT ON WCR 17, NEAR PLATTEVILLE, COLORADO Dear Ms Harding: As per our telephone conversation of Monday January 26, 2004 I am enclosing the road petition we discussed. I have included the attachments as well as the regulations I was sent by Mr. Don Carrol at the department of Public Works. I would appreciate if you would forward all notices to my attention at McFeeders Realty, Appraisal & Management L.L.C., 221 West Platte Ave., Ft. Morgan, CO 80701 - 970- 867-7816. I am the agent managing the property for Ms Redmond and Ms Burchfield. Please advise of hearing dates or additional information which may be required as a result of this petition. I will await your reply and instructions. Thank you. Si�r� Donald L. Jo Dlj/oc Property Managemenr Cons silting*Real Estate Sales*Appraisals 221 West Plane Avenue*Ft.Morgan.CO 80701.Ofee:970/867/7816*Far:970/867/0801'1-800-8139-7816 Email mefeeders(d.Mal.eon, .�tll2Y[i17T1f)N • TO; BOARD OF COUNTY CO1v1M1SS1ONF.R5 DATE: 1/15/2004 WELD COUNTY,COLOELADO ) -' P.O. BOX 758 GREELEY,COLORADO 80652 FROM: (Petitioners) thous, PROPfiRTY uL it.,Bitty, Sherry Redmond Undivided SW%of Section 16-T3N-R67W 50% Interest "-_"'j '-' of the 6th P.M.,Weld County CO. • - Elverna Burchfeild -�_— Living Trust undivided --' 50%interest dba Kurt - - -- _..- _---------_-__.__ __ Cattle Co. I _ We,the undersigned citiaatu and real property own=of Weld County,Colorado,hereby -- r petition that the road right of way described herein fur Weld County ltoad_17 N of WCR 32 ('describe crossroads)_ ha deolamd abandoned and vaurcd by Weld County. This right of way is described as; ---- Weld County Road No. 17 Transcript of Proceedings,County Commissioners of Weld County, Colorado in Book 86 at Page 273 of the 6th PM Weld County,Colorado. The properties and owners of said properties adjoining said right of way am as follows': L 2 None the petitioners are the owners of the property -—-Adjoining the requested Right-of-Way to be Abandon. • Existing utilhies,including but not limited to,oil and gee pipelines,sewer,gas, water,or similar pipelines and appurtenances,ditches or canals rind anpurteaanecs,and electric,telephone, and similar lines and appuntnancas within the right-of-way or holding a recorded interest to use or cross this right-of-way arc'-: None to the best of petitioner's knowledge. • I TM OWTOIa/MIW1lt 1[Maley In The POW(S a Cel1WIW teal IN Tilt sums.£ONaue!AND fn!CCIMPOrg06.4 Paatat IOplb`Nanow NUmen AtaiN°SY Ire Who COW I,Afteetei Or TIII wan M Moroi'?(Tat LSescj Mile)warn Oro.ONe ACKL WI,N0.Or LIOY MIAMI TO TW pgsMsY.TW.MACE Or OUCH LT!SNSIS le 14 Alan or Mm!WILD Ur!AOaeu 0.OA an tleliaW'WOM,!Flays Tint as itlra/C,CORM,oe a1TDue1.naive°Fail,SUCH WORM t11 rem Mc MOOSE IN?KC WILD Cnrtt Can elw RUMMER. N 1110 LIST•ss P,eoats Mel nc MOM%OS ,ni WWII COWYY Aliettra, :Ia NRltnr Dims .<nntt m.,woo tw,vµ A 5$.JO Wnnw inwry(LO)04.re M Tw PITIMM auen,Wq Oenn. inwol„i aubi0w_Is ana t9Naa lnita nfo ton Inw IIt 111571 by Wilily been •elk its • rttn.la,ww Of WO pelmle lawpby tM c'paaagnl 'tIIM As support for this petition,Petitioners sate that the right of way has nut been constructed nor maintained by Weld County;ban no part is within a City or Town or u 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 putt, map, or unincorporated community legally tiled prior to any regulations controlling subdivisions;that the right of way is not used by ttte public;that vacation of the right of way will not leave any laud adjoining sold roadway land adjoining said roadway without an established public road or private-uccess easement connecting said land with another established public mad. Petitioners agree that they willpermit soy persons owning dedicated anti recorded easements and tights-of-way for the use of the right of way to continue such use after faunal vacation by Weld County. Further, Petitioners agree to pay costs of providing notice including publication, and recording of the resolution. Specini Provisions': • See Exhibit A&B attached hereto and incorporated herein by this reference. A,s witntas,our signatures hereunto annexed and followed by our address this.- _,day of • This document is executed in counterparts. altiNATURRS ADMRRSS She Re Undivided 50%Interest Elverna Burchfield Living Trust,Undivided 50%Interest • By: — c/o [tFeecbrs Realty Appraisal & Mgat.L.L.C. --_--_..--_ 771 W. Platte Ate. Ft. NYugai, CO 8071 Elverna Burchfield (970) 867-7816 • SI,BSCR D AND SWORN to hY � �1 best mc this 96 d4dayof.._( WITNESS my baud and official seal. Nbtnry Public My com/'mis on pires; MMtionlimitt DYa ncuiau rwm.,.ae This route inclua•0 snisasoi sutaNiting>[ wNays oN Convey,m I ramaaWGlaae m.nn aoA,>ee rigid WS>,>.yrr„Milne>a>aGtia,y,wq In pant any nn®WN rW�,a Y1 HIM W WImIw111a a1>el[G ma IgM of way me WmgW. • As support for this petition,Petitioners state that the right of way has not been ennstmced lac maintained by Weld County;dun no part is within a City or Town or a County other than the County of Weld, that no portion of the right of troy is shown as part of an approved or recorded subdivision plat, map, or unincorporated community legally filed print 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 my fund adjoining said roadway land adjoining said roadway without en established public road or private•uecess enactment emulating slid land with another established public tend. Petitioners agree that they willpcmmir any persons owningdedie ncd 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. Special Provisions': • See Exhibit A&B attached hereto and incorporated herein by this reference. As witness,our signatures Wattle to annexed and followed by our address this „day of • This document is executed in counterparts. — grtlNATURg5 ADDRPSS Sherry Redmond Undivided 50%Interest Elverna ButxhFeld Living Trust,Undivided 50%Interest • By: edgAa rr t( ' `ate Werra Burchfield • SUBSCRIBED AND SWORN to Ur' ' ( F!(before me this 22_ day of ^ 'V ,-_ WITNESS my band and official sear • Nly commission expires; QT'ABX PUBLIC FNEVADA ; County of Clark i.. Issam Safieddine ., ,• No:01-69344.1 ,i2yb My Coroninlea tepees hues it ZOOS M:tenobrmalmwa vo.anan falm.wad e This m id emwaa munsaisu05Wnifa rigMdrav in onwnnr Mallon wen nc:Slowinala• w ctllaMlss moray,in aaotlll WOWS laths Miami,ode t Vas IadacsyM IOle ewee es Mrownw,Yr o11aWnmwono le arena any a Y1W+rs Yl NOL W WIWOM la OIIfToa IM rgM W way to wMayW, Exhibit A To Road Petition Weld County, Colorado Dated: January 15,2004 Sherry Redmond & Elverna Burchfield Living Trust Petitioners: 1. Petitioners own the SW'/ of Section 16-T3N-R67W of the 6th P.M., Weld County, Colorado (SW'/4 Section 16) and have recently completed a Quiet Title action on an adjacent, small, 4.693 Acre parcel located in the SE'/ of Section 17- T3N-R67W(SE'/ Section 17) more clearly described in Exhibit "B" hereto and designated in yellow on the Exhibit "B" plat(The Parcel). 2. Weld County Rd. 17 (WCR 17) as physically constructed and currently used is the West boundary of The Parcel. WCR 17 enters the SW'/ Section 16 at the Northwest corner of the SW'/ Section 16 which is also the Northeast corner of SE% Section 17. WCR 17 is located within the 30 ft. easement along the West line of the SW' Section 16 where it enters SW'% Section 16 provided for in Weld County Road No. 17 Transcript of Proceeding County Commissioners of Weld County recorded in the late 1800's in Book 86 at Page 273, Public Records of Weld County, Colorado. WCR 17 physically continues South from the point it enters SW' Section 16 within the easement then veers west off the easement onto the SE'/ Section 17. 3. As a result, WCR 17 is physically located in such a fashion that an unused dedicate Right-of-Way (ROW)was created and currently exists on the Petitioner's property which limits the Petitioner's ability to use their property. As a result, the Petitioners are requesting Weld County vacate the unused Right-of-Way for the following reasons: A. Weld County has the ability to conform the "as built" WCR 17 Right- of-Way to the actual contours of the existing WCR 17. The resulting ROW would be 30 feet from the centerline of the existing roadway. This would eliminate the necessity of the unused ROW. Further, vacating the unused ROW will eliminate this encumbrance for the Petitioners property future enhancing use of their parcel. B. WCR 17 was engineered and built to be compatible with the topography of the area. The Petitioner's property is located along the West side of the St. Vrain River drainage which includes a sever slope toward the river East of WCR 17. As a result, it is highly unlikely the unused easement would ever be needed for its intended use when created for WCR 17. Clearly, vacating the unused ROW will in no way injure Weld County but will clearly benefit the Petitioner. Therefore the Petitioner respectfully request the Weld County, Colorado Board of County Commissioners act favorably upon Petitioner's request to vacate the unused portion of WCR 17 Right-of-Way located on the SW'/. Section 16. Exhibit B To Road Petition Weld County, Colorado Dated: January 15,2004 Sherry Redmond & Elverna Burchfield Living Trust Petioners: A description of a tract of land located in the SE1/4 of Section 17, T3N, R67W of the 6th P.M., in Weld County, Colorado. LEGAL DESCRIPTION A tract of land located in the SE1/4 of Section 17, T3N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: BEGINNING at the Southeast Corner of said Section 17, from which the E1/4 Corner of said Section 17 bears N00°07'01"W, 2615.42 feet (Basis of Bearing), thence S89°30'47"W, 193.01 feet along the South Line of the SE1/4 of said Section 17 to the Centerline of Weld County Road No. 17, as now constructed; The following courses and distances are along the Centerline of said Weld County Road No. 17: Thence Northeasterly, 146.93 feet along the arc of a curve concave to the Northwest to a point of compound curve to the left, said arc having a radius of 650.00 feet, a central angle of 12°57'05", and being subtended by a chord that bears N17°14'39"E, 146.62 feet; Thence Northerly, 206.33 feet along the arc of said curve to a point tangent, said arc having a radius of 2235.00 feet, a central angle of 05°17'22", and being subtended by a chord that bears N08°07'25"E, 206.26 feet; Thence N05°28'44"E, 252.23 feet to a point of curve to the left; Thence Northerly, 213.68 feet along the arc of said curve to a point tangent, said arc having a radius of 2475.00 feet, a central angle of 04°56'48", and being subtended by a chord that bears N03°00'20"E, 213.61 feet; Thence N00°31'57"E, 1104.13 feet to a point of curve to the right; Thence Northerly, 211.60 feet along the arc of said curve to a point tangent, said arc having a radius of 1470.00 feet, a central angle of 08°14'51", and being subtended by a chord that bears N04°39'22"E, 211.42 feet; Thence N08°46'48"E, 246.16 feet to a point of curve to the left; A Full Service Land Surveying Company Boundary • Title • Geodetic • Topographic • Engineering Layout • Subdivision Platting • Environmental D " ALBERS, DREXEL & POHLY, INC. Legal Description Thence Northerly, 197.21 feet along the arc of said curve to the East Line of the SE1/4 of said Section 17, said arc having a radius of 1270.00 feet, a central angle of 08°53'49", and being subtended by a chord that bears N04°19'53"E, 197.01 feet; Thence leaving the Centerline of said Weld County Road No. 17, S00°07'01"E, 2561.50 feet along the East Line of the SE1/4 of said Section 17 to the Southeast Corner of said Section 17 and the POINT OF BEGINNING. Area = 4.693 acres, more or less. op EG/ /4, �__ 0 neDF. ofa €1-- Frank [1 - Frank N. 'escela! NOTICE: According to Colorado law you must do f rQfe�'s nd '. commence any legal action based upon any defect Colorado Zgg b in this survey within three years after you first Surveyor 4.4243a5"" . o discovered such defect. In no event, may any 1860 industriSCircle, Longrridit CO 80501 action based upon any defect in this survey be 4P/'• jj��J� commenced more than ten years from the date of Date: i E�`J`a �Z_ the certification shown hereon. °"iionn iiilinow File: LGL-0924.DOC ADP Project:197-4 _2_ EXHIBIT "B" P. EXHIBIT MAP E1/4 cot SEC. n NW1/4 SEC. .16 FOUND /3 REAR W/ 2' SCALE: 1"=300' ALUM CAP PROPERLY MARKED @ STAMPED 'PLS 23300 1899' ly C1/4 COR. SEC. 18 IN MONUMENT BOX. b. N V Y L=197.21' 108'46'48"E 8.1270.00• CH•O246.16' CN.N040419 53•E 97.01' `' L=211.60' �� R.1470.00' D.OBl4.51' CHN04•39'22'E 211,42' • • • • • 2fin SE1/4 SEC. 17 o a SWV4 SEC. 16 s b gg f 5 8 a z 8 o1 w Z L=213.88' 8 8.2475.00' D.043B'48' Vi CN.NO3tO20E213.61' ,J 0 br. 0: le b 105'28'44"E g 0.5 • 252.23' N. Lit206.33' La-,4, R.2233.001 .sy 0.0377'22' CHNOBT)7'23'E 203.28' L=146.93' SE C R. �N;INI 17 R.650.00' I FOUND CHISELED '+' ON 0.1237'03' 7H TOP OF 3'X0' SANDSTONE 3 L/NE SE1 6 arc (7 CH.N17'14'39'E 17 's PROJECTING G1' ABOVE / 10.6,82' GROUND LEVEL. 589'30 4�w j¢p8.63 y-- 2\t2. 1 M LOS NR7/4. SEG PI St/4 COR. SEC, f7 89'30'47"W FOUND 96 REBAR W�3-1/4' 193.01' ALUM CAP MARKED PL5 1315$ 1995' GS BELOW ORAVEL ROAD SURFACE. / .D• Az.emet ORE103.& Porter; ha A Fiji Sante Lad&.'.10.4 Convoy INFO Inchatoist CMA SUING{ terries.. CN.n*60"' (J0J)452-1WJ, Weld County, Colorado Page 1 of 2 Weld County, Colorado !fl .0. CD® Fly #1'. w x _ i „ 3,. +# 1 • , k Y s .' .‘""%r Web CounLyrC bodo�� y .i a. C'st, http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=wel dovr&Form=... 2/2/2004 Weld County, Colorado Page 2 of 2 a -- Legend Seiected_Features l l County Border Oily Lirats Aai 4 , Bstroui Broomfield [-A Orromo 0 Leon t�1 Coe A flab \ti Frmwa D l �� Fr upar Fradmdc kiA{ Cede,Ci [�,��l S31vml HC+asel t�\\� NuQson 416:13 Jarrearen Ke nsaterg 0` Y imLa Ste • t.adltiaae O beware Memo DMeeker r\;1 New Ramer • Nartyan Q Nun Peace Pailerelle Sorerreice D TMs^ wedsQ Parcels n Ott.Section Grid Photography(high Res.) Photography(low Res.) 120917400017 BURCHFIELD ELVERNA LIVING TRUST 50%& Total Taxes: $0.00 CIO DONALD JONES Amount Due: $0.00 FORT MORGAN,CO 80701 http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=weldovr&Form=... 2/2/2004 Identify Results Page 1 of 1 Parcel Valuation Account#: R2662604 Parcel#: 120917400017 Owners Name&Address: Property Address: BURCHFIELD ELVERNA LIVING TRUST 50%& Street: WELD C/O DONALD JONES City: WELD 221 W PLATTE AVE FORT MORGAN, CO 80701 Business/Complex: Legal Description PT SE4 17-3-67 BEG SE COR THN S89D30'W 193.01' CURVE R RADIUS 650' CHORD N17D14'E 146.62' CURVE L RADIUS 2235' CHORD N08D07'E 206.26' N05D28'E 252.23' CURVE L RADIUS 2475' CHORD N03D00'E 213.61' N0D31'E 1104.13' CURVE L RADIUS 1470' CHORD N04D39'E Land Value $0 Land Assessed Value $0 Impr. Value $Q Imor. Assessed Value V Total Value $0 Total Assessed Value $0 Total Taxes: $0.00 Amount Due: $0.00 Tax Area: Bordering County: Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 03 - 67 - 17 -4 - - Sale Price Sale Date Deed Type Reception # $0 9/2/2003 QCN 3103762 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=1209... 2/2/2004 Weld County, Colorado Page 1 of 2 Weld County, Colorado 4t((SI lr t�u3 i'q.t irk ki it i t"v=nl jh{4 {ai,ir 'Cv 7,,1 I h 0 I IMO lrilWielE II,� RS, 'Ili I il 2F nIlrillg#� K•Fi 8'4 Pr .r.* I((i 52� t ,y t .x s r I 54 }� M1: J I J . F N F s � (bs% 43.".. ' . wry W NCouniy,CoIondo.� { ,' � � ,m.,^". ,^ ,n U 6501t• .. +' http://maps.menick.com/servlet/com.esri•esrimap•Esrimap?ServiceNameweldovr&Form=•., 2/4/2004 Weld County, Colorado Page 2 of 2 Legend Highighted_Featu e t l County Border City Limits El Ate 8rnta.d n Eat a ntdd r..:1 °axone fire El Evan fmkne flhWn nf.aden k [.;, �., ra-a.cyy Gia*r nGrayer rl Hunan Jahnslawn Keenostang Kersey NLaSalle toltsue 01 wirings VIMead Maker LANew Ramer ' hvli , nNam lA Awes RAOvnaa SCrva Oe n Thor. w.dsv Parcels n Otr.Section Gdd Photography(high Res.) Photography(low Res.) 120916000002 BURCHFIELD ELVERNA TRUSTEE & Total Taxes: $73.52 221 W PLATTE AVE Amount Due: $73.52 FT MORGAN, CO 80701-2327 http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=weldovr&Form=... 2/4/2004 Identify Results Page 1 of 1 Parcel Valuation Account#: R4800286 Parcel#: 120916000002 Owners Name&Address: Property Address: BURCHFIELD ELVERNA TRUSTEE & Street: 221 W PLATTE AVE City: FT MORGAN, CO 80701-2327 Business/Complex: Legal Description 21216 SW4 L6-7 SE4 16 3 67 W OF UPRR EXC UND INT OG&M (2R) Land Value $3,993 Land Assessed Value $1,160 Imor. Value $Q Imor. Assessed Value S0 Total Value $3,993 Total Assessed Value $1,160 Total Taxes: $73.52 Amount Due: $73.52 Tax Area: Bordering County: Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 03 - 67 - 16 - 0 - - Land Subtotal: Acres:199 Sale Price Sale Date Deed Type Reception # $0 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=1209... 2/4/2004 DEC-16-03 TUE 10:15 AM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 3 180VACA'f.WF'U :...._`_—. . .__- -._ u�Page• The vacation provisions read as follows: SECTION 21.0: VACATION OF COUNTY ROAD RIGHTS-OF-WAY 21.1 Owners of land adjacent to County road,street,or alley rights-of-way which are shown as part of an approved or recorded subdivision plat, map, or unincorporated community • legally filed prior to any regulations controlling subdivisions, may seek vacation only by means of an application to re-subdivide pursuant to the Weld County Subdivision Ordinance which is administered by the Department of Planning Services. 2.1.2 Owners of land adjacent to County road rights-of-way,other than those described in section 20.1, may seek vacation by petition to the Board of County Commissioners through the Clerk to the Board,pursuant to C.R.S. 43-2-303. No roadway shall be deemed vacated unless there is a resolution of the Board of County Commissioners entered pursuant to this section 21.0. ! propose to amend 21,2 to add: 21.2.1 As used in this section 21,unless the context otherwise rectuiros: 21.2.1.1"Block"means that portion of a subdivision sun-ounded by streets,however designated,or other boundary lines and platted as a block, plot,tract,square,or other designated unit, 21.1.2.1.2"Owners'or"owner of record"includes any person.firm, partnership,association, or corporation. 21.2.1.3"Roadway/'includes any platted or designated public street, alley,lane,parkway, avenue..road, or other public way,whether or not it has been used as such. 21.2.2 The Board may vacate any roadway or any part thereof located entirely within Weld County if such roadway is not within the limits of any city or town but if such roadway constitutes the boundary line between two counties, such roadway or any part thereof • may be vacated only by the joint action of the boards of county commissioners of both counties or if said roadway constitutes the boundary line of a city or town,it may be vacated only by Joint action of the board of county commissioners of the county and the duly constituted authority of the city or town. 21.2:2 The decision whether or not to vacate a roadway shall be a legislative decision of the Board and strictly at its discretion. However,no platted or deeded roadway or part thereof or •unplatted or undefined roadway which exists by right of usage shall be vacated so as to leave any land adjoining said roadway without an established public road or private-access easement - connecting said land with another established public road. 21.2.3 Procedures DEC-16-03 TUE 10:16 AM WELD COUNTY PUBLIC WKS'1 KRA:91UJU4b491 mu:, 4 1@UVAC.AT WPD Page • • 21,22.3.1 Informal request regarding the Public Works Department position with respect to a possible roadway vacation may be made by any interested party in writing which sufficiently describes the roadway proposed to be vacated such that the Public Works Department may make a preliminary determination as to whether the County engineer would recommend vacating • the roadway. Such preliminary determination shall not be binding on the County and may include consultation with other County Departments and utility providers. . 21.2.3.2. A formal request shall be made in substantially the form of the attached exhibit She petition shall include the last known address of the owners of property who own one acre or more of land adjacent to the roadway, This information shall be provided in the form • • of a certified list of the names,addresses and the corresponding Parcel Identification Number assigned by;he Weld County Assessor of the owners of property(the surface estate)who owns one aerc 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 ouch records,or from the records of the Weld County Clerk and Recorder. f 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. The petition shall identify existing sewer,gas,water,or similar pipelines and appurtenances,for ditches or canals and appurtenances,and for electric,telephone,and similar lines and appurtenances within the roadway.The petition shall also include$pledge to pay the costs of providing notice,recording and to pay the costs of any survey or utility locate which is necessary to properly consider the petition. A formai request which is complete in form will be• placed on the agenda so that a resolution to vacate a county roadway may he presented within • 21 days of receipt by the Clerk to the Board.Any request which is not suf iicient in form will be treated as an informal request and will not be placed on the agenda for consideration unless a formal petition is completed. 21.2.3.3 No later than ten days prior to a regular meeting of the Board of County Commissioners county commissioner meeting at which a resolution to vacate a county roadway is to be presented,the county commissioners shall mail a notice by first-class mail to the • last-known address of each landowner who owns one acre or more of land adjacent to the • roadway. Such notice shall indicate the time and place of the county commissioner meeting and shall indicate that a resolution to vacate the county roadway will be presented at the meeting. • • !f the'petition Is approved,the Resolution reflecting the vacation shall be recorded pursuant to the requirements of section 43.1.202.7 but only if the costs of costs of providing notice, • • recording and any survey or utility locate which is necessary to properly consider the petition • have been paid. ' 21.2.3.5 In the event of vacation, rights-of-way or easements may be reserved for the continued • use of existing sewer,gas,water,or similar pipelines and appurtenances,for ditches or canals and appurtenances,and for electric,telephone.and similar lines and appurtenances. • • DEC-16-03 TUE 10:16 AM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 5 tauvat,AI.W PU )Page: 21.2.5 The Resolution 6ha1I be the only document necessary to be executed by the Board of County Comrnlaeionero to effect the vacation by operation of law and It shall be she obligation of the adjacent property owners who claim an interest in she vacated roadway to perfect their interest therein by moans of a quiet title action or otherwise. Under no circumstance shall the vacated portion of the roadway be considered to be a legal lot separate and apart from the adjacent property to which Ic attached by operation of law. PUBLIC WORKS DEPARTMENT 11 H SRC , P.O. BOX 758 t4tci(fit\lia GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US Igoe PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 COLORADO February 25, 2004 Donald L. Jones McFeeders Realty, Appraisal & Management LLC 221 West Platte Avenue Ft. Morgan, CO 80701 RE: Road Petition to Vacate Public Road Right-of-Way 30 feet on the east side of the Section line between Sections 16 and 17, T3N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Jones: We have received a copy of your petition to vacate County right-of-way adjacent to the WCR 17 Section line. We are proposing a swap (of right-of-way) at this location. WCR 17 is designated on the Weld County Roadway Classification plan at this location as a collector status roadway, which requires a minimum right-of-way of 80 feet at full build out. There is presently a 60-foot right-of-way. The 30-foot swap would be parallel to the east right-of-way line between Sections 16 and 17. (See the attached Exhibit "B" for the specific location.) This additional right-of-way could accommodate future realignment and widening though this section. As you are aware, the topography directly east of the road drops off dramatically to the St. Vrain River Valley. Contact your applicant identified in the petition and respond to us prior your hearing date March 8, 2004, at 9 a.m., 1st floor of the Centennial Building, Commissioner's Hearing Room. Sincerely, Haloadade Donald Carroll Engineering Administrator pc: Keith Meyer, Engineering Division Manager Lee Morrison, Assistant County Attorney M:\PLANNING—DEVELOPMENT REVIEW\McFeeders-let.doc EXHIBIT "B" m c g iii M EXHIBIT MAP p/4 Coe, SEC, 17 NW1/4 SEC. J6 EOM) ro MBAR W 2 SCALE: 1"=300' ALUM CAP PROPERLY MARKED 3 ED •PLS 23505 1999 _ - C1/4 CDR. SEC. 18 N MONUMENT BOX. C seB �� M A 0 ''Ii 7 L=197.21' 1408'48'48"E R-1270.00• DO5s3'49' a 248.18' + CHN0419'53•E sr 197.01' L=211_80' ) ' . J R-1470.00' D- 'BI• tf w14 j ,_/...CHN0479'22•E i 211.42• € I SC 5 P toll[cwt ;; � f ii via, cN%"21' cs SE1/4 SEC 17 2 a L .' SW1/4 SEC. 16 Rif Et si *. 1 L-213.88' # I N 2 ---� o 04184S" I uel A cH-Nwm•xO•c I =` p b N 213.51• 'i E # IY 1 J �1 zbr i id N05'28'44"E ? ,,: . 252.23' f Y I L-206.33' ` ` g 77... R-2235.00' I 0.0517.22" 1 I CHNOB9T23'E ' 'I 206.25' 1 L-148.9) E< PLAINT 9EOINNINQ R-BSO 00 SE CDR. SEC. 17 t � D+12'57 05 i t i I FOUND CHSELED •+• ON f 4 I TOP CF XXI' SANDSTONE f, CH-N1714'39 E 77 �. f6 PROJECTING 0.1' ABOVE S UNE 3ET/4. 3EC f7 140.82 i „Jr i GROUND LEVEL - IS 47 R i5sa / A: NW LNE A. WC tr 20 21 89'30'47"W S1/4 C0e. SEC. 17 193.01' FOUND 16 RERAR W(3-1/4• ALUM ALUM CAP MARKED PIS 13155 ,t HIES' 0A' BELOW GRAVEL ROAD SURFACE / M'•"^" ALBEAs, DR eta & PSi.Y, hit A flat 5-tee tens&wn$.g[limpet', MHO na.mm Or" tIe A to"2--.t Cave*8050? (.105)882-rrJ' PUBLIC WORKS DEPARTMENT 1111 H STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 MEMORANDUM DATE: March 26, 2004 TO: Bruce Barker—County Attorney FROM: Keith Meyer, P.E. —Engineering Division Manager THRU: Frank Hempen Jr., P.E.—Public Works Director CC: Donald Carroll—Engineering Administrator RE: WCR 17 Petition to vacate road right-of-way(Sherry Redmond and Elverna Burchfield Living Trust) The Engineering Division has further researched issues surrounding this right-of-way(ROW) vacation request and we offer the following information and recommendation. ROW"swap"proposal Public Work's original proposal was to "swap"the existing 30-ft of ROW along the east side of the section line for 30-ft along the east side of the existing road. This remains our recommendation. The 30-ft of ROW along the east side of WCR 17 would allow for future expansion to a collector classification. Topography challenges in this area would likely require a minimum of 30-ft to accomplish a road widening. Furthermore, the "swap"is equitable from a total land area standpoint. The land "swap"is virtually equal with the County proposing vacation of 1.66 ac and dedication of 1.64 ac. Waterline extension Engineering Division staff has contacted Little Thompson Water District regarding the request by the applicant to extend a waterline beyond the "new"ROW line. They told us they have a 6"waterline in WCR 17 that extends south from WCR 34 approximately %z-mile. The waterline extends under WCR 17 to the eastern ROW line. It terminates with a 1"PVC pipe and residential meter pit. Considering the applicants plans for residential development on the property, it is very unlikely that the 1"waterline will service their needs. For comparison, a standard residential service line for a single home is 'A"in size. Public Works maintains its original position that the applicant,by requesting vacation of the existing 30-ft of ROW, should dedicate similar ROW along the east side of WCR 17. The land in question has value to both the applicant(for development purposes)and to the County. If the applicant had come through the standard development review process with this request, similar requirements would be enacted. Therefore,Public Works recommends two options. Option 1: Require ROW "swap"without conditions for utility service(s), access or compensation. Option 2: Deny ROW vacation request and reconsider case when applicant files formal development plans. Hello