HomeMy WebLinkAbout20042669.tiff %V RESOLUTION
RE: APPROVE REQUEST OF STENERSON, OLSON AND LOWREY
DEVELOPMENT, LLC,TO USE THE EASTLAND ROAD EASEMENT AS EMERGENCY
ACCESS FOR NESTING CRANE RANCH PLANNED UNIT DEVELOPMENT
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, on October 11, 1978, by Resolution #790190, the Board of County
Commissioners vacated a portion of Eastland Road and reserved a perpetual right-of-way
easement for road purposes, and
WHEREAS, on February 5, 1979, the Board of County Commissioners approved a Quit
Claim Deed granting a road right-of-way easement to Vernon and Gail Widger, recorded on
February 23, 1979, at Reception No. 1782717, and
WHEREAS, on February 17, 1979, Vernon and Gail Widger signed a Quit Claim Deed
granting a perpetual right-of-way easement for road purposes to Weld County, recorded on
February 23, 1979, at Reception No. 1782716, and
WHEREAS,the Board has been presented with a request from Stenerson,Olson and Lowry
Development, LLC, to utilize said right-of-way easement as an emergency access for Nesting
Crane Ranch Planned Unit Development, and
WHEREAS, after review,the Board deems it advisable to approve said request, a copy of
which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the request from Stenerson,Olson and Lowry Development, LLC,to utilize
said right-of-way easement as an emergency access for Nesting Crane Ranch Planned Unit
Development be, and hereby is, approved.
11111111111111111111111 I I I 1111111111111 I I 111111 I I I 1101
3226807 10/07/2004 11:51A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2004-2669
PL1740
!`C FL, ,,0C—c), !O-/az-0V
RE: REQUEST TO USE EASTLAND ROAD EASEMENT AS EMERGENCY ACCESS FOR
NESTING CRANE RANCH PLANNED UNIT DEVELOPMENT- STENERSON, OLSON AND
LOWREY DEVELOPMENT, LLC
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of September, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MO ATTEST: � . IE
Robert D. Masden, Chair
Weld County Clerk to th-ro- % 11:-+;
118 rt.ct. . >r11 /1,, 7-72%.
m H. Je , Pro-Tem
BY:
Deputy Clerk to the B•1�'�
+�`‘• ni� ! t. Gile
APP ) OR
David E. Long
o n t m
enn V ad
Date of signature:
I I"Ill�'p 0'0012 D 0.001 Steve Moreno Clerk R
2004-2669
2 PL1740
MEMORANDUM
WI TO: Board of County Commissioners
COLORADO DATE: June 2, 2004
FROM: Jacqueline Hatch, Planner
SUBJECT: Emergency Access/ Eastland Road Seemore Heights
The Department of Planning Services has received the following letter dated May 3,
2004 from Adele Reester with Bernard Lyons Gaddis & Kahn. Bernard Lyons Gaddis &
Kahn are representing Stenerson Olson & Lowrey, LLC which is requesting that
Eastland Road within the Seemore Heights subdivision be opened to allow them to
utilize it as an emergency access point to their proposed development, Nesting Crane
Ranch.
Background information:
Legal Description: W2 W2 NE4 of Section 30, T3N, R68W of the 6TH P.M., Weld
County, Colorado.
Parcel number 1207 30 000044
Location. South of and adjacent to Highway 66 and approximately/ mile
east of CR 1.
Seemore Heights Subdivision was originally recorded on February 14, 1963. On
October 11, 1978 the Board of County Commissioners vacated Eastland Road while
also reserving a perpetual right-of-way easement for road purposes. The applicants
located directly to the east of Seemore Heights Subdivision wish to utilize Eastland Road
as an emergency access for their proposed nine (9) lot subdivision PZ-1000 Nesting
Crane Ranch.
The Department of Planning Services is recommending this request be approved. Staff
has received written evidence that Eastland Road within the Seemore Heights
subdivision is an acceptable secondary access route for emergency access only by the
Seemore Heights subdivision Home Owners Association, the Mountain View Fire
Protection District and the Department of Public Works.
Page 1 of 1
Esther Gesick
From: Lee Morrison
Sent: Friday, September 03, 2004 12:46 PM
To: Jacqueline Hatch; Esther Gesick
Esther
the Eastland Road information is lacking the quitclaim deed from the landowner Widger back
to the County referred to in Rec. 1782717. It is that document which is the issue and it is that
document which
is going to be activated . The Resolution would be to find the need to use the easement for a
public purpose ie emergency
La D. Moc.
Assistant Weld County Attorney 915 10th St., PO Box 758
Greeley, CO 80632 (970)356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information.If the reader is not the intended recipient,please reply and
delete your copy of this message."
9/3/2004
gatiNT"'" MOUNTAIN VIEW FIRE PROTECTION DISTRICT
e Administrative Office:
9119 County Line Road•Longmont, CO 80501
(303) 772-0710• FAX (303)� 651-77;� � e raoiti uounty Plan- ?epaii.:
GREELEY EnF
view
JUN 2 s • u4
•
Prcri . . D
June 23, 2004
Ms. Jacqueline Hatch
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
Dear Ms. Hatch:
I have reviewed the submitted material pertaining to the Change of Zone for the Nesting Crane
Ranch Subdivision (Case Number: PZ-1000). The Fire District does not object to the proposed
emergency access as shown on the plans submitted.
We appreciate being involved in the planning process, should you have any questions, please
contact me at(303) 772-0710.
Sincerely,
cJ
LuAnn Penfold
Fire Marshal
LMP/Ip
cc: project file
'p06.23.04
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40
Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St.
80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514
DANIEL F.BERNARD BERNARD LYONS 303-776-9900
RICHARD N.LYONS,II GADDIS & KAHN FAX 303-413-1003
JEFFREY J.KAHN Mailing address:
JOHN W.GADDIS A PROFESSIONAL CORPORATION POST OFFICE BOX 978
BRADLEY A.HALL ATTORNEYS AND COUNSELORS LONGMONT,CO 80502-0978
STEVEN P.JEFFERS
WENDY SLEE RUDNIK Street address:
ANTON V.DWORAK SECOND FLOOR
ADELE L.REESTER 515 KIMBARK STREET
MADOLINE E.S.WALLACE
EVE I.CANFIELD
areester@blglaw.com
May 3, 2004
Board of County Commissioners
Weld County
P.O. Box 458
Greeley, Colorado 80632
Re: Nesting Crane Ranch
Dear Commissioners:
This Firm represents Stenerson Olson&Lowrey Development, LLC (Developer),which is
applying for a Change of Zone for the development of Nesting Crane Ranch. The matter is set
for a hearing on June 15, 2004.
Nesting Crane Ranch is proposing to utilize Eastland Road in the Seamore Heights subdivision
as an emergency access point to the development. Eastland Road was vacated by the Board of
County Commissioners (Board); however, there is still an easement along the road. The County
has acknowledged this easement. The Developer is requesting that the Board open the access
along the easement so that Eastland Road may be utilized as an emergency access for Nesting
Crane Ranch.
Yours truly,
BERNARD,LYONS, GADDIS & KAHN,
a Professional Corporation
By
Adele L. Reester
cc: Jeff Olson
Jacqueline Hatch
Lee Morrison,Esq.
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9 ,
RESOLUTION
RE: VACATING A PORTION OF EASTLAND ROAD LOCATED IN THE NORTH HALF
OF SECTION 30, TOWNSHIP 3 NORTH OF RANGE 68 WEST OF THE 6TH P.M.,
WELD COUNTY, COLORADO BEING A PART OF SEEMORE HEIGHTS SUBDI-
VISION AND RESERVING A PERPETUAL RIGHT-OF-WAY EASEMENT FOR
ROAD PURPOSES.
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 Department of Engineering Services of Weld County,
Colorado has advised the Board of County Commissioners that it
would be in the best interests of Weld County, Colorado to vacate
a portion of Eastland Road located in Seemore Heights Subdivision
being a parcel of land 60 feet wide and 330 feet long and located
North of and adjacent to a parcel of land platted as Lot 1 in
Block 1 of Seemore Heights Subdivision, being a part of the North
Half of Section 30 in Township 3 North of Range 68 West of the
6th P.M. in Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado desires to vacate said property and obtain from the
Grantees a deed back to the County of a perpetual right-of-way
easement for road purposes over and above the property being so
vacated.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that a portion of land known
as Eastland Road in Seemore Heights Subdivision being a parcel
of land 60 feet wide by 330 feet long and located immediately
North of and adjacent to Lot 1 of Block 1 of Seemore Heights Sub-
division, being located in the North Half of Section 30, Township
3 North of Range 68 West of the 6th P.M. , Weld County, Colorado be,
and hereby is, vacated, subject to the Grantees of said real
estate executing a Quit Claim Deed to the County conveying a per-
petual right-of-way easement for road purposes covering the pro-
perty so vacated.
The above and foregoing Resolution was, on motion duly made
790190
i 6600/6
and seconded, adopted by the following vote on the 11th day of
October, A.D., 1978.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ifetiztar
itec-Ags- . ibfa;:este
ATTEST: V a+ '&
Weld County Clerk and Recorder
and Clerk to the .: - d
By:
-puty County- - er
AS TO FORM:
County Attorney
DATE PRESENTED: FEBRUARY 5, 1979
ma,::. OR•AflDUffl
. 4444
c, To Weld County Oonnissioners Dm October 3, 1978
v_
ADO From Gilman E. Olson, SUbdivision/Utility M4nistrator
sues«e: Eastland Road in Seerore Heights Suhdtvisicti
• Eastland Road in Seemore Heights is a parcel of land-60' wide by
330' long that was never made a road by the developer! but was
dedicated to the County as a public street.
Said parcel of land now grows to weeds and apparently is a nuisance
to the owner of Lot 1, Block 1, Seemre Heights. The owner has
requested vacation of Eastland Road.
The recannendation of this office would be to vacate Eastland
Road in Seerore Heights with a revision clause stating that,--
should,.Weld County ped this street anytime in the future,
it will have the right to take said street. :Also no:building
will be allowed on the same.
Gilman E. OlsonG�
Subdivision Administrator
• GOO:sar
CC: Weld Chun ty Attorney
J' 4
• \I, Di-mi11MI Ni OF ENGINEERING
... y **it Y^ •'
11
PHONE 1303) 3564000 EXT.421
• P.O. BOX 756
C• - GREELEV,COLORADO 80631
COLORADO
September 22, 1978
Mr. Robert N. Greenwalt
13730 Elmore Road
Longmont, Colorado 80501
Dear Mr. Greenwalt:
On October 11, 1978, this office will be recommending
to the Weld County Commissioners to vacate Eastland
Road in Seemore Heights with a revision clause
stating that should Weld County need this street anytime
in the future it will have the right to take said.
street, also no building will be allowed on the same.
If you would like to attend the meeting and speak either
for or against the recommendation you may be heard.
All meetings are public and start at 9:00 A.M. in the
first floor meeting room in the Centennial Building
located at 915 - 10th Street, Greeley, Colorado.
If you have any questions on the above matter, please
feel free to contact me.
Sincerely,
i man E. Olson
Subdivision Administrator
GEO:sar
rTh
$ 1.
- • et S , C 'gas" or FlaOf' COUI9 I Y Al I UIUNLY
P.O. Box 1948
•
PHONE (3031 356-4000 EXT. 369
915 10TH STREET •
WI O GREELEY,COLORADO 80631
•
COLORADO
January 31, 1978
Vernon H. Widger
13688 Elmore Road
Longmont, Colorado 80501
•
Dear Mr. Widger:
Sometime in 1977 you were given verbal permission from the De-
partment of Engineering of Weld County, Colorado to fence off
Eastland Road which is located in Seemore Heights Subdivision
located in the North half of Section 30, Township 3 North of
Range 68 West for the purpose of pasturing livestock, in this f
tract of land. The maps indicate that it is sixty (60) feet
wide and 360 feet long.
A condition of your using this particular tract of land was
that no complaints be issued by neighbors or interested citizens
and, since this verbal permission was granted, a complaint
has been lodged by a Mr. Bob Greenwald who owns property im-
mediately north of the area in question. Accordingly, since a
complaint has been lodged, it is necessary that we ask you to
remove the 60 foot fence which that you erected on•'the west end
of the tract in question and also remove any feeding apparatus
that you may have in the tract.
If you have any questions concerning this matter, I would ap-
preciate you giving me a call. Thank you for your cooperation.
Very tr7ly yours,
Thomas O. David
Weld County Attorney
TOD:jj 1,6c4: Gil Olson
e c? ca a-// 78 CaJ
tee - ri w
BQOK Recorded at n v ck_L.-AM-21.1979
y
861 1'7&2717 Nthe z,t,
Rec No
ale-1
State of Colorado, Weld County Clerk Cu Reorder
QUIT CLAIM DEED
THIS DEED made this 9th day of February, 1979, between WELD
COUNTY, a municipal corporation and a political subdivision of the
State of Colorado, by the BOARD OF COUNTY COMMISSIONERS, for the
respective interests of the COUNTY OF WELD, STATE OF COLORADO, as
Grantors, and VERNON H.WIDGER and GAIL E. WIDGER, Husband and Wife,
whose legal address is 13688 Elmore Road, Longmont, Colorado 80651,
being the present owners of Lot 1 in Block 1 of Seemore Heights Sub-
division, being a part of the North Half of Section 30, Township
• 3 North of Range 68 West of the 6th P.M. in Weld County, Colorado,
as Grantees:
C-,
LL WITNESSETH, that the aforementioned Grantor in consideration
of a Deed by the Grantees to the Grantor of a road right-of-way ease-
ment over the property being conveyed by this Quit Claim Deed, the
receipt whereof is hereby confessed and acknowledged, does hereby
release, sell, convey and quit claim and by these presents does remise,
release, sell, and convey and Quit Claim unto the said Grantees, all
of the right, title, interest and claim and demand which the said
Grantor has in and to the following described real estate, situated,
lying and being in the County of Weld and State of Colorado, to wit:
A tract of land located in the North Half of Section 30,
Township 3 North of Range 68 West of the 6th P.M. in
Weld County, Colorado, described as follows:
Commencing at the Northwest Corner of Lot 1 in Block 1
of Seemore Heights Subdivision, thence easterly along
and parallel to the North line of said Lot 1 a distance
of 330.00 feet; thence northerly a distance of 60.00
feet; thence westerly a distance of 330.00 feet: thence
southerly a distance of 60.00 feet to the Point of
Beginning, said tract of land being platted as "Eastland
Road. "
,To have and to hold the same, together with all and singular
the appurtenances and nriviliges thereunto belonging or in anywise
thereunto appertaining, and all the estate, right, title, interest -and
claim whatsoever, of the said party of the first part, either in 1•:w
or equity, to the only proper use, benefit, and behoof of the said
parties of the second part, their heirs and assigns forever.
It is the intention of the grantor herein that this conveyance
does not create a new, separate, and legal lot under the laws of
100
�} a 790191
ac��'- B C� �LLt.c�h, ,ti,v �t�-L,�I�C/r,+,�
e‘bolls
- _B00h
861 SZ.717
the State of Colorado and the Weld County Comprehensive Plan, the
Weld County Zoning Resolution and the Weld County Subdivision
Regulations, but that the real estate conveyed by this Quit Claim
Deed shall become part of Lot 1 in Block 1 in Seemore Heights Sub-
division, located in the North Half of Section 30, Township 3 North
of Range 68 West of the 6th P.M. in Weld County, Colorado, subject
to a right-of-way easement being conveyed by the Grantees herein to
the Grantor herein which deed is to be filed simultaneously with this
Quit Claim Deed.
With this express reservation, no building is to be erected on
the property conveyed by this Quit Claim Deed by the grantees,
their heirs and assigns.
SIGNED AND DELIVERED, this 5th day of February, 1979, by
WELD COUNTY, a municipal corporation and a political subdivision of
the STATE OF COLORADO by the BOARD OF COUNTY COMMISSIONERS, for its
respective interests.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
l ie
c
a2! 42
447 4et
‘:y��
ATTEST: /��
Weld County C erk and Recorder
and clerk to the Board/._.
:/ ,
Deputy County Clerk
4 _ F
Recorded et n3 _ _clock._L € 2 3 1979
I
BOOK R«.No._._..17Br�2s,_ •'N^U>,CG�,�
1361 i-r
store of Colorado, Wdd'Colette Clerk & Re.adrt
i QUIT CLAIM DEED
G y
THIS DEED made this /7 — day of February, 1979, by and
between VERNON H. WIDGER and GAIL E. WIDGER, husband and wife, whose
Kesel
r`= legal address is 13688 Elmore Road, Longmont, Colorado 88651, as
‘A Grantors, and the COUNTY OF WELD, STATE OF COLORADO, as Grantee,
and in consideration of a Quit Claim Deed from the Grantee herein
::1 to the Grantorsof the following described real estate, the said
Grantors herein do hereby remise, release, convey and Quit Claim
a perpetual right-of-way easement for road purposes to the Grantee
't,� over the following described real estate, situated, lying and
NJ
_; being in the County of Weld and State of Colorado, to wit:
L.
A tract of land located in the North Half of Section 30,
Township 3 North of Range 68 West of the 6th P.M. in
Weld County, Colorado, described as follows:
Commencing at the Northwest Corner of Lot 1 in Block 1
of Seemore Heights Subdivision, thence easterly along
and parallel to the North line of said Lot 1 a distance
of 330.00 feet; thence northerly a distance of 60.00
feet; thence westerly a distance of 330.00 feet; thence
southerly a distance of 60.00 feet to the Point of
Beginning, said tract of land being platted as "Eastland
Road. "
IN WITNESS WHEREOF, the said Grantors herein have set their
hands and seals on this, the Ili day of February, 1979.
Vernon H. Widger
914 e.
Gail E. Widget
STATE OF COLORADO )
SS
COUNTY OF� _ )
The above and foregoing Quit Claim Deed was acknofT dpi fore
!ti ) 3
me this /7 day of February, 1979. -.1
a a o, nor .tlp /..�,=.
Wig J�;� expires:fjllNotary Pu i o: n 1
Oi •
790192
.j
RESOLUTION
RE: APPROVE CLOSURE OF EMILY ROAD AND AGREEMENT FOR PRIVATE USE
OF RIGHT-OF-WAY AND AUTHORIZE CHAIRMAN TO SIGN SAID AGREEMENT
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, pursuant to a Resolution dated September 8, 1986,
the Board has been presented with an Agreement concerning the
closure of the right-of-way known as "Emily Road," running east of
Elmore Road for approximately 330 feet and adjacent to Lot 7,
Block 1 , of the Seemore Heights Subdivision, as shown on the
recorded plat, File 791 , Envelope 248, Reception No. 1401156, in
the office of the Weld County Clerk and Recorder, and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement, with the terms and conditions being as
stated in the Agreement, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS, the Board deems it appropriate that said portion of
Elmore Road be closed, and the right-of-way be subject to the
provisions of the above mentioned Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the right-of-way
known as "Emily Road," running east of Elmore Road for
approximately 330 feet and adjacent to Lot 7, Block 1, of the
Seemore Heights Subdivision , as shown on the recorded plat, File
791, Envelope 248, Reception No. 1401156, in the office of the
Weld County Clerk and Recorder be, and hereby is, closed.
BE IT FURTHER RESOLVED by the Board that the Agreement for
private use of said right-of-way be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
B 1129 REC 02071414 09/30/86 10:00 $0.00 4/005
F 1987 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
': 860924
Page 2
RE: RIGHT-OF-WAY - EMILY ROAD
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 29th day of
September , A.D. , 1966.
/� BOARD OF COUNTY COMMISSIONERS
ATTEST: `71-11,,,. (" - A" WELD COUNTY, COLORADO
Weld C ,tyrk and Recorder
and C re Board :cq eli Jo nso , hairman
'.. , y f +-\ „ t EXCUSED
B �� ry�'�'•i Gor on E. Lacy, Pro-Tem
,$uq 4C'0 C k
APPRoKEF $"T6 FORM: ene R. Brantner
Y C.W rb
County Attorney ' �, ii�!.. ./.i
Frank Yamag%
B 1129 REC 02071414 09/30/86 10:00 $0.00 5/005
F 1988 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
860924
AR.207tut
AGREEMENT FOR PRIVATE USE OF RIGHT-OF-WAY
KNOWN AS "EMILY ROAD" IN THE SEEMORE HEIGHTS SUBDIVISION,
WELD COUNTY, COLORADO
THIS AGREEMENT, entered into this 29th day of September
1986, by and between the BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO, a body politic and corporate, organized and
existing by virtue of the laws of the State of Colorado, and the
Weld County Home Rule Charter, whose address is 915 Tenth Street,
Greeley, Colorado 80631 , hereinafter referred to as "County," and
ROBERT C. AND PATRICIA S . NEWMAN, 13524 Elmore Road, Longmont,
Colorado 80501 , hereinafter referred to as "Private Users. "
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, plans to close the right-of-way known as "Emily Road ,"
running east of Elmore Road for approximately 330 feet and
adjacent to Lot 7 , Block 1 , of the Seemore Heights Subdivision, as
shown on the recorded plat, File 791 , Envelope 248 , Reception No.
1401156, in the Office of the Weld County Clerk and Recorder, and
WHEREAS, Seemore Heights Subdivision is located in Section
30 , Township 3 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS, Private Users own said Lot 7, Block 1 , in the
Seemore Heights Subdivision, and
WHEREAS, Private Users wish to use the closed Emily Road
directly adjacent to said lot for private use, and
WHEREAS, the County deems it advisable to allow said use
according to certain conditions.
NOW, THEREFORE, County agrees to allow Private Users to put
the portion of Emily Road which is directly adjacent to Lot 7 ,
Block 1, Seemore Heights, a subdivision of Weld County, Colorado,
located in Section 30 , Township 3 North, Range 68 West of the
6th P.M. , to private use, according to the following conditions:
1 . Limitation of Space. That Private Users may only use
that portion of Emily Road which is directly adjacent to the
above-described lot.
2. Type of Use. That Private Users may use that portion of
Emily Road .escribed above for any private use, except that
Private Users may not take any dirt, gravel, sand, etc. , from said
B 1129 REC 02071414 09/30/86 10:00 $0. 00 1/005
F 1984 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 1 of 3 Pages
860924
portion of Emily Road. Private Users may not place any structures
or buildings upon said portion of Emily Road; however, Private
Users may fence said portion.
3. Indemnification of Loss Occassioned by Private Use of
Emily Road. That Private Users hereby agree to indemnify County
from any and all liability, loss, or damage County may suffer as a
result of claims, demands, costs, or judgments against it arising
out of said personal use of Emily Road by Private Users, whether
the liability, loss, or damage is caused by, or arises out of, the
negligence of County or its officers, agents, employees, or
otherwise, except for the liability, loss, or damage arising from
the intentional torts or the gross negligence of County or its
employees while acting within the course of their employment.
4 . Term. This Agreement will be in effect from the date of
signing until the earlier of the following:
a. This Agreement will terminate upon Private Users'
transfer of possession of Lot 7, Block 1 , Seemore Heights, a
subdivision of Weld County, Colorado, located in Section 30,
Township 3 North , Range 68 West of the 6th P.M. Any
person (s) who may gain possession of said Lot from Private
Users must enter into a new Agreement with County for the
private use of that portion of Emily Road which is directly
adjacent to said Lot.
b. County may terminate this Agreement and revoke its
consent for the private use of Emily Road by Private Users at
any time. County must notify Private Users of such
termination, in writing, at least twenty (20) days prior to
the desired date of termination.
c. Upon termination of this Agreement, Private Users
must remove all personal property, fences, and all other
items from said portion of Emily Road prior to the date of
termination.
5. Maintenance. Private Users must reasonably clean and
maintain said portion of Emily Road during said use.
B 1129 REC 02071414 09/30/86 10:00 $0.00 2/005
F 1985 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 2 of 3 Pages
Thn
IN WITNESS WHEREOF, the parties hereto have hereunder
subscribed their names the day and year first above written.
4T '.
BOARD OF COUNTY COMMISSIONERS
ATTEST: /ILI,„„ t 2.0 <,,r WELD COUNTY, COLORADO
Weld County Ci'erk and Recorder
and C1:la ,the Board B . cqu e
1. J• 8�i�iyne son, C airman
By erk
' .4)
`a';: PRIVATE USER:
BY: r4.,f . �
l .,. .. ..
Robert
SUBSCRIBED AND SWORN to before me thisoLloalday of
19 ,,iIlul,,,,,i,
;3103 40 St
'Nit N
WITNESS my hand and official sea .
'471108M )
otary�/Pub d .•.'��ti11.0%C'
My commission expires: >jegl / 3`" /9r1 f`�S..at..+,••• ':4. e
PRIVATE USER:
By:2�� --t`� aJ Q•��
Patricia S. Newman
1SUBSCRIBED AND SWORN,to before me thiso27a' day of
7rx�.�I , 19,l'G .
i
WITNESS my hand and official seal. ,
Otary Publ '' 43\1 end :~e
My commission expires: 74takt,,,,, /9,0 -%-\.44/V1:3\‘ I -
anit%.;
B 1129 REC 02071414 09/30/86 10:00 $0.00 3/005 . a'/m"'1'
F 1986 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 3 of 3 Pages
RESOLUTION
RE: ACTION OF THE BOARD CONCERNING REQUEST TO VACATE PORTION OF
EMILY ROAD LOCATED IN SEEMORE HEIGHTS SUBDIVISION
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 did receive a petition requesting that a
certain portion of Emily Road be vacated, said road being located
in Section 30, Township 3 North, Range 68 West, Seemore Heights
Subdivision, and
WHEREAS, this request was referred to the Engineering and
Planning Services Departments for their recommendation, and
WHEREAS, upon the recommendation of said departments, the
Board deems it appropriate that said portion of Emily Road not be
vacated, but that an agreement for the closure of said road, with
the County retaining the right-of-way, be drafted, said agreement
to be reviewed by the Board.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the portion of Emily
Road hereinabove described shall not be vacated.
BE IT FURTHER RESOLVED by the Board that an agreement be
drafted for the Board' s review concerning the closure of said
road.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 8th day of
September, A.D. , 1986.
�}J,, �- ' BOARD OF COUNTY COMMISSIONERS
ATTEST: " 1 T , WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Ja qu-%E ne son, C a rman
`By 4�7Y�7x c �i G' Lacy ' '.:' em
D puty County C rk
APPROVED AS TO FORM: ene R. :rantner
thet...-c*
C.W. Ruby
County Attorney r77
F c
861405
6
Ott mEMORAnDU
To Board of Weld County Commissione6ae August 259B6
O
COLORADO From Drew L. Scheltinga, County Engineer s
SubjectPetition to vacate Emily Road (Seemore Heights Subdivision)
•
I recommend the Board not approve the request for vacation. Although,
Emily Road has not been constructed and is not presently being used
by the public, it was platted to facilitate development of adjacent
lands. Along with the growth in the Longmont area there have been
several inquiries in the vicinity of Seemore Heights regarding
development.
In similar cases in the past the Commissioners have allowed neighboring
property owners to fence and make use of rights-of-way. An agreement
could be drawn citing restrictions for the right-of-way's use and making
provisions for Weld County to reclaim the right-of-way in the future.
If the Board is interested in allowing such an arrangement I will contact
the adjacent owners at your direction.
DLS/bf
xc: Subdivision File - Seemore Heights
Chuck Cunliffe, Planning Director
, Tommie Antuna, Clerk to the Board
{C� mEmoRAnDum
To Board of County Commissioners August 12, 1986
OIA3RA DO Department of Planning ServicesC.
Petition to vacate Emily Road in Senior Heights
r,
_Subdivision
The Department of Planning Services staff has reviewed the petition to
vacate a portion of Emily Road located in Seemore Heights Subdivision. The
staff would recommend that the petition to vacate the road be denied. While
the road would appear to serve no useful purpose at the present time; Emily
Road may serve as a major transportation link to the adjacent properties as
development occurs in the future. Emily Road is located on the east-west
half section line. Currently, all of Section 30, T3N, R68W of the 6th P.M.
is zoned R-1 (Low Density Residential) . Adjacent property owners have
expressed an interest in development of their land and are waiting for the
public utility infrastructure to become available in the area.
If the Board decides to approve the vacation of Emily Road, the Weld County
Subdivision Regulations require that vacations of all or portions of a
subdivision shall be subject to the resubdivision submittal requirements of
Section 6-4 D. The petitioner would be required to bear the expense of
filing a resubdivision application through the Department of Planning
Services for County approval.
CAC:rjg
jia AUG 1 21986 August 8, 1986
To: The Weld.
`C `°O'Commissioners
Subject: A petition to vacate undeveloped Emily Road running east of
Elmore Road for approximately 330 ft. and adjacent to Lot 7
Block 1 of Seemore Heights subdivision located in a portion
of Section 30, Township 3 North, northwest quarter.
Gentlemen,
I, Robert C. Newman, live at 13524 Elmore Road which is Lot. 7
Block 1 of Seemore Heights. Emily Road is nothing more than a- vacant
strip of land approximately 60 ft. wide and 330 ft long that has grown
over with weeds. There is no indication that this was ever intended
to be a road. My neighbors, who have lived here for more than 20 years,
say it has always been like that and nobody has ever maintained it.
People trespass across my property with their motorcycles and
horses because the road is not marked. It is used to dump trash
after late night ' get togethers' . It does not have good drainage
and after heavy rains it floods a corner of my property. I have tried
to keep it maintained and cut the weeds as they are a fire hazard to
my property. . I would like to see it vacated as it serves no useful
purpose. It is at the end of Elmore; Road, but Elmore Road has a large
paved area that is large enough for a school bus to turn around. If
it becomes vacated I would be interested in acquiring it.
We the undersigned petition the Weld County Commissioner to
vacate the section of land known as Emily Road for the above reasons.
name address
date
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