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Home My WebLink About20040197.tiff RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF WELD COUNTY ROAD 75 NORTH OF WELD COUNTY ROAD 80 - NORMAN AND MARGARET PETERSON 1j 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 Norman and Margaret Peterson,36565 Weld County Road 80, Briggsdale, Colorado 80611,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 75 north of Weld County Road 80, being more fully described in the attached Exhibit "A,"excluding that portion which lies within the south thirty feet(30')and the east thirty feet(30')of the E1/2 SE1/4 of Section 18, Township 7 North, Range 62 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the County Attorney's Office and Department 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 Norman and Margaret Peterson be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the right-of-way described in the attached Exhibit"A,"excluding that portion which lies within the south thirty feet(30')and the east thirty feet (30') of the E1/2 SE1/4 of Section 18, Township 7 North, Range 62 West of the 6th P.M., Weld County, Colorado, be, and hereby is, vacated. 111111111111111111111111111 1111111111 11111 IIII 1111 2004-0197 3146726 01/22/2004 10:07A Weld County, CO EG0050 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 00 PL-LA— RE: VACATION OF WCR 75 NORTH OF WCR 80 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 12th day of January, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, COkORPADO \°r ATTEST: Li, F,�� &. m __ Robert D. Masden, Chair Weld County Clerk to th-,:o:" r ; ♦ William H. rke, Pro-Tern BY: - A �. ` _ 1" Deputy Clerk to the Bda / �5, `\\ ,q / 1/o/' M eil APPROr. VE AS TO FOJ : _ / David E. Long ` 1 /1 i__ ounty Attorn y GI nn Vaad Date of signature: 1 2/ 1111111 11111 11111 11111 1111 111111 1111111 III 11111 1111 1111 3146726 01/22/2004 10:07A Weld County, CO 20 2 of 3 R 0.00 D EG001 7 0.00 Steve Moreno Clerk & Recorder EG0050 DEC-6-2003 03:07P FROM:ALLES AND ASSOCIATES 970 284 9564 70:3520242 P:2'2 ROAD VACATIONr.�� A f1ES(RIPBON — ROAD VACABON A ship of land sixty(60) feet aide thirty(30) feet wide on each side of the centerline of the said road centerline located in the East One—Half Southeast one—Ouart.r(E 1/2 SE 1/4) of Section Eighteen (16). Township Senn(7) North, Range Sixty—Two(62) West of the 6th Principal Meridian, Weld County. Colorado and also being that road descdbed in Ouit Claim Deed in Book 373, Page 153. dated Jade 12. 1913 and being more particularly described as Considering the east line of the Southeast One—Quarter(SE 1/4) of said Section Eighteen (16) to beer South 02'47'36' West, and all bearings contained herein being relative thereto: Beginning at a point on the south line of the East One—Half Southeast One—Quarter(E 1/2 SE 1/4)of sold Section Eighteen (18) whence the Southeast (SE) Comer said Section Eghteen (18) bears North 89'33'09' East, 138.30 feet thence along the rood centerline the fallowing two(2) aunts. North IS'09'43'East. 203.20 feet thence, North 35'32'32 East, 146.70 feet to a point on the east line of the East One—Had Southeast One—Quarter(E 1/2 SE 1/4)of said Section Eighteen (16); whence the Southeast Corner of said Section Eighteen (18) beam South 02'47'36' West, 309.80 feet The above described road waste', contains 0.48 ace, mare or less, and in not Intended to delete or renew the rights—of—way for Weld County Road 80 and Weld County Road 75 at the Intersecting points. VIRKYOR'R 45R'JntAWF I, Kenneth R. Allen a Registered Professional Land Surveyor in the State of Coloreds do hereby certify that this description end the any thereof was prepared under my personal siwervision, and that this descriptkin is an accurate representation of the survey I further certify that the any and this plat complies with as applicable Mee. regulations, aid laws of the State of Colorado. State Board of Registration of Professional Engineers and Professional Land __ ' the best of my kno.ladgs �® C be�44 p;W 30' o-/ v 4` saRvsy0 O 60' LOT A LOT B RE-3424 RE-3424 .4.• . 43a I z ce FGFND 25 I"• • Q= U W 60' Lam pp 14 SECTION CORNER I I O iN g • END NO. 5 RFBAR W/ j'' - N N 0 2' ALUM CAP a O < r7 PLS 9644 Ca N I m O O 2�ry / N . . 18 r 17/ WCR 60 • (ROAD E70STS) POINT OF x la 0• BEGINNING :13.11, FND NO. 6 X 30" 60' N89'33'09"E rc I REBAR W/ 2 1/2' 136.30' (RECORD) ° a I I i ALUM CAP v o th PLS 9644. 2001 b ; o v 0' sp ace SCALE 1'a 7P0' I I SHEET 1 OF 1 A88ES & ASSOaATIES. 426 "2210 ST.LA SALLE. CO SOS45 NORMAN C. & MARGARET J. PETERSON Tats (970)264-5662 Fat (570)284-9584 38423 WCR 80 AamQAQ FILE NAME: "'°`-a2o2 BRIGGSDALE, COLORADO 80811-8810 12/05/03 1111111111111111111111 IIII 1111111111111 III IIIII IIII IIII - __ 3146726 01/22/2004 10:07A Weld County, CO 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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, 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: January 12, 2004 TIME: 9:00 a.m. APPLICANT: Norman and Margaret Peterson 36565 Weld County Road 80 Briggsdale, Colorado 80611 REQUEST: Petition to Vacate a portion of right-of-way dedicated for Weld County Road 75 north of Weld County Road 80 subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION:A strip of land being approximately sixty(60)feet wide and located in the E1/2 SE1/4 of Section 18, Township 7 North, Range 62 West of the 6th P.M., Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 31, 2003 2004-0197 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 31st day of December, 2003. NORMAN AND MARGARET PETERSON 36565 WELD COUNTY ROAD 80 BRIGGSDALE CO 80611 TOM COLLINS REAL ESTATE LLC ATTN: TOM COLLINS 217 EAST 18TH STREET GREELEY CO 80631 ALLES AND ASSOCIATES INC 428 NORTH 2ND STREET LASALLE CO 80645 Deputy Clerk to the Board ROAD PETITION TO BOPRD OF COUNTY CONQVIISSIONERS DATE September 1 5 , 2003 WELD COUNTY, COLORADO P.O. BOX758 ) GREELEY, COLORADO 80632 FROM- �Penroners) : Name ` PROPERTY '''' �n da Norman C 4tgLsf521.`` "ahr „IteaaSa42_ Exemption0715- -- - • -, °7 114= SY - inn" 8R1!C( -' C4�'F �F1E Margaret ti ..p . rsor3 , s p3EA- 2 wtion'if , � X31 ` 12'r• ?ah4e` 62 west cif ,rhe- 6t₹� P:L , . 'IN _ca311LtY-a- s-Q - ado L , ,. 3 e, he undersigned ciri7ens and real property owners of Weld County, Colorado, hereby petition that the road right of way described herein for -Vv Count Road W.c C.R. 7 5 descr be cross oads)WCR 7 5 & WCR 8 0 be declared aeardoned and vacated by Weld County. This r ght of way is described as: W.C.R. 75 , this portion was never built, see attached survey, * o the 6 h PM Weld County , Colorado. *located in the very Southeast corner of the SE'-h1SE� of Section 18 , Township 7 North, Range 62 West of the 6th P.M. , Weld County , Colorado. The properties and owners of said properties adjoining said right of way are as follows': 1. Norman C Peterson— 16565 W-C.. 80 Bri_ngadain cm 80611 7 Margaret J. Peterson 36565 W.C.R. 80, Briggsdale, CO 80611 • Existing utilities, including but not limited to, oil and gas pipelines, sewer, gas, water, or similar pipelines and appurtenances, ditches or canals and appurtenances, and electric, telephone, and similar lines and appurtenances within the right-of-way or holding a recorded interest to use or cross this right-of-way are': N/A • 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 notused 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 'This.information shall be provided in the form of a certified Ilst of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld CountyAssessor 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,ar an ownership update from a the or abstract company or attorney,derived from such records,or from the records of the Weld County Clerk and Recorder. If the Ilst 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. 2 This information may be found by utility locates, title research,review of utility permits issued by the Department of Public Works and site investigation. • 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 Provisions3: N/A As witness, our signatures hereunto annexed and followed by our address this .21 day of 5,e0-t ,AfyY„ , 2003 . SIC`z1 A:IURE _ bD.1RESS ,' L`" t4.� Q — 36$6$ LC.R 80, Bx1.4cgsdalei.CO $0611 � &S6$ w. C 17, 488RBriYxgsdale,' Ca '805? 1'. h a; t ; • 3 This could include a means of substituting a right-of-way in another location such Petitioners agree to dedicate otherwise convey,In a form acceptable to the Board,a 80' right of way as shown on the attached mapas: or and to provide any necessary surveyothes or legal descriptions to describe the right of way so conveyed. SUBSCRIBED AND SWORN to by Norman C. Peterson and Margaret J. Peterson before me this �il ,y day of 5 tr-reo, bet, 2003 . WITNESS my hand and official seal. PSON o blic J T49 cn , My commission expires: ▪ U P x :71.• C1.1.a.Cleff June A 2004 • M:\WPFILESP W ORKSVACAIRDF.LDM i DEC-6-2003 03:07P FROM:ALLES AND ASSOCIATES 970 284 9564 TO:3520242 P:1/2 428 North 2n° Street ALLES AND LaSalle, a:9700--2884-9562 ASSOCIATES, INC. Fax: 970-284-9564 Fax to: Bruce Barker(Weld County Athny Office) From Kenneth R.Met Far 970-352-0242 Pages! 2 Phones 970-356-4000 Dabs: 12/6/03 Re: Road Vacation CC: ❑Urgent X For Review ['Please Comment O Please Reply O Please Recycle Mr.Barka I am attaching a copy of the description and plat for the road rights-of-way vacation you requested 11/25/03. This is for the small piece of a road easement connecting WCR 80 and WCR 75 north and west of Crow Creek and is located in the E%SE Y.Section 18,T.7 N., R.62 W.,6 P.M. The description conforms to the Quit Claim Deed in Book 373 at Page 153 and dated June 12, 1913, which describes the rights-of-way from section line to section line and therefore overlaps the road rights-of-way for the two abutting roads. I do not believe that this description eliminates any of the road rights-of-way for WCR 80 and WCR 75 and I so state at the end of the description. Please review the attached document and advise me of any changes that you might need. I will then send you an original of the plat Ken ales 1 Tom Collins �Co7d� 1 Tom Collins Real Estate LLC 1LLLE 217 EastlBth Street $ 1 L Greeley,CO 80631 _ (970) 378-4840 (970) 378-4841 fax ( MEMORANDUM ) DATE: /O -O —U R /��l kilt r Tr-1: 400. .the/ 4AOlt4/1 - ni 5 7Ai-t) � ,emu SE— 9b0ci 4.6 king 4 r 1.1.1nh/f, 7.7 S 4 e t fht r'�/e4s0.�5 014ty. SIGNED;04:7 - 7,:) ` NO Pr PL \JE= 6..:' t ,1? '14 MEMORANDUM TO: File DATE: 10/10/2003 C , � FROM: Donald Carroll, Engineering Administrator 't I, COLORADO SUBJECT: Petition to Vacate Road Right-of-way, RE-3424, Lot B There is a 60-foot right-of-way identified in Recorded Exemption 3424, which runs directly through the center of Lot B. In researching the town site, the only logical reason for the platting of this road is to cross Crow Creek at the narrowest spot, which is identified on the aerial. October 9, 2003, I did a site visit to verify the recorded exemption land split and I photographed the approximate location of the proposed road petition to be abandoned. The photographs are attached. There is no resemblance of a road or right-of-way in the field. The Weld County Public Works Department recommends abandoning this 60-foot platted right-of-way to clean up RE-3424, Lot B parcel. pc: RE-3424 Keith Meyers, Engineering Division Manager WCR 80 file M:\PLANNING\petition-vacate.DOC „ f ; Y � 25' x- - r,121. p'°I"' d - i ,fir e _tea + z3a.- 3 13 , . ‘, , . . , ill,1.a s, Tu ' mss ' - ,yi^. tom r ::: is Ir9�c�, ."-:4.;'‘.; }y 'i4 4 I₹li P . , '` 3 �'-�,.,.<r ,--.---„,00‘),-1-„,' y . ita,-,.., . : S il (( xer cm:K' t ♦. _ - gm - �v w i { ms's -`,fi e s (r� w. - " i. 1 F ; < ft ,- *• / -..t. is K ! -id't£ .' iYM d .r.' a. ,, a- r,-: 1 . 5 yu _ it w, �� :,,t. - 4 -4,('`,,,..-¢# :€': vii. -- 4..`4,-, x ,g' ' s r, 4 t 'se A. .C, -.1 - . 41-1 --sst. ... 4Afi'Ll.1/4:-'----'• 1 ', 41,0=t- .-, I,". .5.. 4_, .t . '1/4;r 12.:Vt)i 55-5 �; ti: ."fi, sue t� f 4 4 P - �. ` f�,�s d$d�'-'�" r sr1 F'�`s ��..� � w ,�§... .. s .. i" 9 RE k ey: E 3 • r IT wt_ ,C�'[t E b e g• r 'sz x`F' 'F`xr # R '} i Yi. a :e .144 F 1:4.\'''''' R, x _ / 4 ' . ` ! 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