HomeMy WebLinkAbout20032529.tiff 044
RESOLUTION
RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF
RIGHT-OF-WAY ON WELD COUNTY ROAD 74 - DAVID SCHUMP
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 David Schump,
1006 Shore Pine Court, Fort Collins, Colorado 80525, a copy of which is attached hereto and
included by reference, requesting vacation of a portion of right-of-way on Weld County Road 74,
being more fully described as follows:
The public road right-of-way described in the
attached Exhibit "1"for the former Weld County
Road 74, as it extended around the southern dge of
the former area of Thompson Lake in the NE1/4 of
Section 4, Township 6 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, the County Attorney's Office and Public Works Department 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 adjoining landowners were mailed ten days notice by the Clerk to the
Board of a public hearing set for August 27, 2003, to consider the vacation of that portion of Weld
County road right-of-way which is described above, 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 Weld County 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 David Schump be, and hereby is, accepted.
111111111111IIII11111111III 111111111111 III 1111111111111 2003-2529
3109044 09/23/2003 11:28A Weld County, CO EG0043
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
00 1 PW, pe_, Pc
RE: VACATION OF A PORTION OF WCR RIGHT-OF-WAY - SCHUMP
PAGE 2
BE IT FURTHER RESOLVED by the Board that the portion of Weld County 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 27th day of August, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED
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1 111111 11111 110 11111111 111 1111111 1111111111111 1111 1111
3109044 09/23/2003 11:28A Weld County, CO 2003-2529
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EG0043
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS DATE:' 51CSZ
WELD COUNTY, COLORADO
P.O. BOX 758
GREELEY, COLORADO 80632
FROM: (Petitioners):
Name Property
David E. Schump Parcel #080704000050
1006 Shore Pine Ct. See attached description.
Fort Collins, CO 80525
I, the undersigned citizen and real property owner of property located in Weld County,
Colorado, hereby petition that the road right-of-way described in the attached Exhibit"1" for the
former Weld County Road 74, as it extended around the southern edge of the former area of
Thompson Lake in the NE'/ of Section 4-6-67, be declared abandoned and vacated by Weld
County.
The properties and owners of said properties adjoining said right-of-way are as follows:
David E. Schump Parcel#080704000050
1006 Shore Pine Ct. See description in the attached
1. Fort Collins, CO 80525 Exhibit "2."
Chatellen LLC Parcel #080704000049
1006 Shore Pine Ct. See description in the attached
2. Fort Collins, CO 80525 Exhibit "2."
David E. Schump Parcel #080704000032
1006 Shore Pine Ct. See description in the attached
3. Fort Collins, CO 80525 Exhibit "2."
Existing utilities within the right-of-way or holding a recorded interest to use or cross this
right-of-way, may include, but are 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.
As support for this petition, Petitioners state that the right-of-way has not been
maintained by Weld County since WCR 74 was straightened in 1990; 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 without
an established public road or private-access easement connecting said land with another
Page 1 of 2 Pages
established public road.
SIG S DRESS
David E. Schump 006 Shore Pine Ct.
rt Collins, CO 80525
SUBSCRIBED AND SWORN to by David E. Schump,before me this 54h day of
kir/ , 2003.
J WITNESS my hand and official seal.
�tQ,G
Not Public
�
MY COMMISSION EXPIRES:
My commission expires: January 12,2005
M:\WPPILESWWORKS\EDORR.WPD
Page 2 of 2 Pages
€ASEMENT DESCRIPTION I EXHIBIT 1i I LOCATION NE1/4
xi S4/T6N/R67W
NORTH QUARTER CORNER
SECTION 4-T.6N.-R.67W.
FOUND #6 REBAR WITH A NORTH LINE NORTHEAST
3 1/4" ALUM. CAP QUARTER SECTION 4
STAMPED JONES LS 22098
POINT OF COMMENCEMENT N56'52'19"E N67'57'38"E
- - - WCR#7A - - - - - - 55.41' \\\> 27.45_
N47'11'49"E / S12'16'47"W
84A9 ��� 76.52'
C24 / 356'52'19"W
/ 22.87'
547'11'49"W
N15'06'25"E
55.09' -/ I� C25 79.10'
N13'13'36"E / /�� S15'06'25"W
44.37' 54,09'
m r< S13'13'36"W
N N13'18'20"E / / 43.44'
0 194.25' \/
'n / i S13'18'20"W
ril m / / 197.42'
,o N19'22'39"E
o rW 83.02' ------/ i S19'22'39"W
i^ '° / ' / 87.74' ,
E N22'27'49" / WEST LINE OF PARCEL
0 99.91' BOOK 218, PAGE 75
N29'32'57"E /
C 97.66' / 22'27'49"W
105.15'
/
N35'51'15"E
155.85 / S29'32'57"W
/ 104.56'
N45'5T38"E /
112.66' / / 535'51'15"W EXHIBIT F
POINT OF BEGINNING -N.,// 164.31' 1.510 ACRES
NO1'36'17"W/ 545'57'38"W
79,94' 171.82'
WEST LINE NORTHEAST
QUARTER SECTION 4
_>P00 REG/ \\1t+
.4% :'s
eW. -i/�G•t •is
4h\\AL LAN .
CENTER QUARTER SECTION 4,
FND. NO.ALUMINUM CAP, 1998 REBAR 1998 JONES 22098 200 100 0
200
--1 J
1 '= 200'
CURVE TABLE
CURVE I LENGTH RADIUS DELTA CHORD I CH BEARING
C24 109.99' 196.38' 32'05'25" 108.56' fl N31'09'07"E
C25 76.97' 137.38' 32'06'05" 75.97' S31'08'47"W
C'sr
XING' SURY,E'YORS, INC. PROJECT NO: 2001316
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 7-11 -02
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT: WINDSOR RES.
I WWW.KINCSURVEYORS.COM DWG: 2001316ROWEXHIBITS
PROPERTY DESCRIPTION
EXHIBIT "1"
A parcel of land being a part of the Northeast Quarter(NE1/4)of Section Four(4), Township Six North
(T.6N.), Range Sixty-seven West (R.67W.), Sixth Principal Meridian (6thP.M.), County of Weld, State of
Colorado and being more particularly described as follows:
BEGINNING at the North Quarter(N1/4) Corner of said Section 4 and assuming the West line of said
NE1/4 as bearing North 01°36'17" West, being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/92, with all other bearings contained herein relative
thereto:
THENCE South 01°36'17" East along said West line a distance of 932.91 feet to the POINT OF
BEGINNING;
THENCE North 45°57'38" East a distance of 112.66 feet;
THENCE North 35°51'15" East a distance of 155.85 feet;
THENCE North 29°32'57" East a distance of 97.66 feet;
THENCE North 22°27'49" East a distance of 99.91 feet;
THENCE North 19°22'39" East a distance of 83.02 feet;
THENCE North 13°18'20" East a distance of 194.25 feet;
THENCE North 13°13'36" East a distance of 44.37 feet;
THENCE North 15°06'25" East a distance of 55.09 feet to a Point of Curvature (PC);
THENCE along the Arc of a Curve which is concave to the East a distance of 109.99 feet, whose Radius is
196.38 feet, whose Delta is 32°05'25" and whose Long Chord bears North 31°09'07" East a distance of
108.56 feet to a Point of Tangency (PT);
TI-IENCE North 47°I I'49" East a distance of 84.09 feet;
THENCE North 56°52'19" East a distance of 55.41 feet;
THENCE North 67°57'38" East a distance of 27.45 to the West line of a Parcel described in Weld County
records in Book 218 on Page 75;
THENCE South 12°16'47" West along said West line a distance of 76.52 feet;
THENCE South 56°52'19" West a distance of 22.87 feet;
THENCE South 47°11'49" West a distance of 79.10 feet to a PC;
THENCE along the Arc of a Curve which is concave to the East a distance of 76.97 feet, whose Radius is
137.38 feet, whose Delta is 32°06'05" and whose Long Chord bears South 31°08'47" West a distance of
75.97 feet to a PT;
THENCE South 15°06'25" West a distance of 54.09 feet;
THENCE South 13°13'36" West a distance of 43.44 feet;
THENCE South 13°18'20" West a distance of 197.42 feet;
THENCE South 19°22'39" West a distance of 87.74 feet;
THENCE South 22°27'49" West a distance of 105.15 feet;
THENCE South 29°32'57" West a distance of 104.56 feet;
THENCE South 35°51'15" West a distance of 164.31 feet;
THENCE South 45°57'38" West a distance of 171.82 feet to said West line of said NE I/4;
THENCE North 01°36'17" West along said West line a distance of 79.94 feet to the POINT OF
BEGINNING.
Said parcel contains 1.510 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 CERTIFICATE
1, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and ilies 'ng, and that it is true and correct to the
best of my knowledge and belief.
POO REGlgT
S a�Q s p <0 .0
U: :
Lawrence S. Pep 6�.
o:
Colorado Regi ed Professional ,P••. 'J
Land Surveyor#33642 �s�O 4L LPG,
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 2001316
G:\LDDproi\2001316\dwg\EXHIBIT F DITCH EASEMENT.doc
Last printed 7/11/2002 2:19 PM
r
EXHIBIT "2"
Property owned by David E. Schump, Parcel #080704000050:
PT NE4 4-6-67 LOT B SECOND AMD REC EXEMPT RE-326 & ALL THAT PT LOT B
AND REC EXEMPT RE-637 LYING WITHIN S2NE4 EXC THAT PT LOT B SECOND AND
REC EXEMPT RE-326 BEG SW COR SAID LOT B N600'E500' S600' W500' TO POB, EXC
THAT PT KNOWN AS THOMPSON LAKE.
Property owned by Chatellen LLC, Parcel #080704000049:
PT N2NE4 4-6-67 PT LOT B SECOND AMENDED REC EXEMPT RE-326 BEG SW COR
SAID LOT B N600' E500' $600' W500' TO POB EXC THAT PT KNOWN AS THOMPSON
LAKE.
Property owned by David E. Schump, Parcel#080704000032:
PT NE4 4 6 67 AS DESC IN BK 211 PG 83 &BK 218 PG 75.
D imcctimg -=‘•
hiMAY 1 9 2003
1006 Shore Pine Court WELD COUNTY
Fort Collins, CO 80525 ATTORNEYS OFFICE
May 15, 2003
Mr. Bruce Barker
Weld County Attorney
Weld County Attorney's Office
P.O. Box 758
Greeley, CO 80632
Re: Request for Vacation of Former WCR 74,
on Southeastern Edge of Former Lake Bed
of Thompson Lake
Dear Mr. Barker:
Thank you for your prompt response. We incorporated Chatellen as an LLC to limit our
liability. It is a horse training facility owned entirely by my wife and me. It only shows
up on your records because we show it as the owner of part of the quarter section. (From
your drawing it looks like I missed a bit in writing the legal description!)
I trust the enclosed incorporation document will satisfy the commissioners, that they need
not be concerned about access. We won't landlock ourselves!
Please let me know if you need any further documents to complete this vacation of right
of way.
Thank you again for your cooperation.
erely,
•
David E. Schump
Weld County, Colorado Page 1 of 2
Weld Count Colorado
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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: August 27, 2003
TIME: 9:00 a.m.
APPLICANT:
David Schump
1006 Shore Pine Court
Fort Collins, CO 80525
QUEST: Petition to Vacate a portion of Weld County Road 74 as it extended around the
i4tHrthern edge of the former area of Thompson Lake, subject to dedicated and recorded
easements and rights-of-way
LEGAL DESCRIPTION: The public road right-of-way described in the attached Exhibit "1" for
the former Weld County Road 74, as it extended around the southern edge of the former area of
Thompson Lake in the NE1/4 of Section 4, Township 6 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 15, 2003
2003-2529
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