HomeMy WebLinkAbout20031831.tiff RESOLUTION
023
RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF WELD COUNTY
ROAD 66 BETWEEN COLORADO AND SOUTHERN RAILROAD AND WELD COUNTY
ROAD 23
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 Fred Otis,Otis,Goan
and Stewart, LLC,Attorney at Law, 1812 56th Avenue, Greeley, Colorado 80634,acting on behalf
of the Ruth Winder Revocable Trust and Erna M. Butler Revocable Trust, 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 66 between the Colorado and Southern Railroad now known as Great
Western Railway on the east and Weld County Road 23 on the west, being more fully described as
follows:
The public road right-of-way described as Weld
County Road 66 between the Colorado and Southern
Railroad, now know as Great Western Railway, on
the east and Weld County Road 23 on the west,
located between Section 24 and 25, Township 6
North, Range 67 West of the 6th P.M.,Weld County,
Colorado
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.
111111111111111111111111111111111111111M BII1111 III' 2003-1831
3093023 08/07/2003 02:48P Weld County, CO EG0047
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
RE: VACATION OF WCR 66 BETWEEN COLORADO SOUTHERN RAILROAD AND WCR 23
PAGE 2
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Road Petition from Fred Otis, Otis, Coan and Stewart, LLC,Attorney at
Law, 1812 56th Avenue,Greeley,Colorado 80634,acting on behalf of the Ruth Winder Revocable
Trust and Erna M. Butler Revocable Trust, 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.
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 16th day of July, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
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3093023 08/07/2003 02:48P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2003-1831
EG0047
OCSOTIS, LOAN & STEW ART, LLC
I " Attorneys And Counselors At Law
I t`. .._ Fred Otis
flotis@ocslaw.com
July 10, 2003
HAND DELIVER
Ms. Esther E. Gesick
Acting Clerk to the Board of County Commissioners
915 Tenth Street
Greeley, CO 80631
RE: Road Petition
Dear Ms. Gesick:
Enclosed is a Road Petition for submission to the Board of County Commissioners. The 10 day
notice is waived. There are no additional property owners. The petitioners own the property on
both sides of the road right-of-way.
Please advise the agenda date the Road Petition will be before the Commissioners. Thanks.
Sincerely,
/' .-'"
Fred L. Otis
FLO:mas
Enclosure
xc Mr. Lee D. Morrison
Assistant County Attorney
Mr. Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
The Doyle Building, 1812 56th Avenue,Greeley, Colorado 80634
Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576 2003-1831
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS July l 0 2003
WELD COUNTY, COLORADO
PO BOX 758
GREELEY, COLORADO 80632
FROM: Petitioners:
Name
Ruth Winder Revocable Trust Date Dated April 24, 2001, and
1996 Erna M. Butler Revocable Trust (May 13, 1996)
Ruth Winder, Trusteeand Ruth Winder, Attorney-in-Fact for
1996 Erna M. Butler Revocable Trust (May 13, 1996)
Property
Weld County Road 66 between Colorado & Southern Railroad now known as Great Western
Railway on the East and Weld County Road 23 on the West located between Sections 24 &
25, Township 6 North, Range 67 West of the 6'h P.M., Weld County, Colorado.
We, the undersigned citizens and real property owners of Weld County, Colorado, hereby
petition that the road right-of-way described herein for Weld County Road 66 between
Colorado & Southern Railroad now known as Great Western Railway on the East and
Weld County Road 23 on the West 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 Weld County Road 66 between Colorado &
Southern Railroad now known as Great Western Railway on the East and Weld County
Road 23 on the West located between Sections 24 & 25, Township 6 North, Range 67 West
of the 6th P.M., Weld County, Colorado.
The properties and owners of said properties adjoining said right-of-way are as follows:
Petitioners own the property on the North and South side of the right-of-way.
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: There are none that cross or use this right-of-way.
1
As support for this petition, Petitioners state the right-of-way has not been constructed nor
maintained by Weld County; no part is within a city of town or a County other than the County
of Weld; 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; the right-of-way is not used by the public; vacation of the right-of-way will not
leave any land adjoining said roadway land 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.
Special Provisions: None.
As witness our signatures hereunto annexed and following by our address this iC day of
July, 2003.
Signatures and Address:
Ruth evocable Trust dated April 24, 2001
Ruth Winder, Trustee
2016 28th Avenue# 104
Greeley, CO 80634
1996 Erna M. Butler Revocable Trust (May 13, 1996)
B � �
uth Winder, ey-in-Fact �b /`—
2016 28`" Avenue## 104 `1
Greeley, CO 80634
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WINDSOR PROPER TY-C ANGE OF ZONE ""
Being Part of the East Half of the Southeast Quarter of Section 23,Part of the Southwest Quarter of Section 24, wr av
and part of the Northwest Quarter of Section 25,All in Township Six North,Range Sixty-seven West of the 6th P.M., w.
Counts'of Weld,State of Coloradowe
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PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
I PHONE (970) 356-4000, EXT. 3750
C. FAX: (970) 304-6497
COLORADO
July 8, 2003
Mr. Alex Yeros
Managing Director- BROE
252 Clayton Street
Denver, CO 80206
Re: Vacation of Right-of-Way for Weld County Road 66 from Weld County Road 23 Easterly to the Colorado &
Southern Railroad Right-of-Way
Dear Mr. Yeros:
I have reviewed your preliminary request for vacation of Weld County Road(WCR) 66 right-of-way from WCR
23 Easterly to the Colorado & Southern Railroad. I currently know of no specific transportation projects that
might require the use of the road right-of-way under consideration. Based on that preliminary observation, I
currently know of no reason to object to the vacation of that right-of-way.
Please contact me at 970-356-4000, extension 3750 if you have questions on this issue.
Since
rank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
pc Morrison
CZ-1040 File
WCR 66 and 64 3/4 Road File
M:\WPFILES\FRANIO66VACATE2.DOC
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