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Home My WebLink About20031176.tiff 7i6 RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF IRREGULAR PORTIONS OF RIGHT-OF-WAY ON WELD COUNTY ROADS 23 AND 62.25 SUBJECT TO DEDICATED AND RECORDED EASEMENTS AND RIGHTS-OF-WAY - ORR 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 Ed and Susie Orr, 826 9th Street Plaza, Greeley, Colorado 80631, a copy of which is attached hereto and included by reference, requesting vacation of irregular portions of right-of-way on Weld County Raods 23 and 62.25, being more fully described as follows: A strip or parcel of land 30 feet wide off of the west side of the northwest quarter of the southwest quarter (NW1/4 of the SW1/4) of Section 36, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, containing .9 of an acre, more or less; ALSO, A strip or parcel of land 30 feet wide off of the south side of the north half of the south half (N1/2 of the S1/2) of Section 36, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, containing 3.63 acres, more or less; ALSO, A strip or parcel of land 30 feet wide off of the north side of the south half of the south half (S1/2 of the S1/2) of Section 36, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, containing 3.63 acres, more or less, and 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 adjoining landowners were mailed ten days notice by the Clerk to the Board of a public hearing set for May 12, 2003, to consider the vacation of those portions of right-of-way which are described above, and WHEREAS, any persons owning dedicated and recorded easements and rights-of-way for the use of the rights-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 1111111111111111111 DOMED/III DUI III 11111 /III 1III 2003-1176 1 EG0043 3064718 05/21/2003 10:49A Weld County, CO �� ; P` 4PPL_ f A 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder > / RE: VACATION OF IRREGULAR PORTIONS OF WCRs 23 and 62.25 - ORR PAGE 2 WHEREAS, the evidence showed that the vacation of those portions of Weld County road right-of-way described above will not leave any land adjoining a 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 portions 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 Ed and Susie Orr be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that those portions of right-of-way described above be, and hereby are, 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 12th day of May, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO 4"1411N gaaAtil vid . Lon , Chair I ft `pi 'Co Jerk to the Board ' 1861 n fro "01 Robert D. sden, ro-T m wt - :flClerk o the Board r M. J. Geile APPRO D AS TO FORM: _ William�, �erk� ounty Attorney �� 14 Glenn Vaad Date of signature: �1/4%z;; 1111111111111111111111 IIII It III IIIII Ilt 3064718 05/21/2003 10:494 Weld County, 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk&Recorder 2003-1176 EG0043 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: May 12, 2003 TIME: 9:00 a.m. APPLICANT: Ed and Susie Orr 826 9th Street Plaza Greeley, Colorado 80631 REQUEST: Petition to Vacate portions of Weld County Road 23 and 62.25 subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: A strip or parcel of land thirty (30) feet wide off of the west side of the NW1/4 of the SW1/4 of Section 36, Township 6 North, Range 67 West of the 6th P.M., containing 0.9 of an acre, more or less; ALSO, a strip or parcel of land thirty (30)feet wide off of the south side of the N1/2 of the S1/2 of Section 36, Township 6 North, Range 67 West of the 6th P.M., containing 3.63 acres, more or less; ALSO, a strip or parcel of land thirty (30)feet wide off of the north side of the S1/2 of the S1/2 of Section 36, Township 6 North, Range 67 West of the 6th P.M., containing 3.63 acres, more or less BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 30, 2003 S4009_3 2003-1176 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 30th day of April, 2003. ED AND SUSIE ORR 826 9TH STREET PLAZA GREELEY CO 80631 RICK AND KATHLEEN HERTZKE 10601 HIGHWAY 257 GREELEY CO 80634 Deputy Clerk to the Board ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS DATE: j/J ic: WELD COUNTY, COLORADO P.O. BOX 758 GREELEY, COLORADO 80632 FROM: (Petitioners): Name Property Ed Orr and Susie Ann On Parcel Numbers 080736000015 and 080736000027. See attached description. 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 Roads 23 and 62.25 (describe cross roads) be declared abandoned and vacated by Weld County. This right of way is described as: See below. of the 6th P.M., Weld County, Colorado. A strip or parcel of land thirty (30) feet wide off of the west side of the northwest quarter of the southwest quarter (NW 1/4 of the SW 1/4) of section thirty six (36), Township six (6)North of range sixty seven(67)west of the sixth(6`h)Principal Meridian, containing .9 of an acre, more or less; ALSO, A stip or parcel of land thirty (30) feet wide off of the south side of the north half of the south half(N '/2 of the S 'A) of section thirty six (36), Township six (6) North of range sixty seven (67) west of the sixth (6) Principal Meridian, containing 3.63 acres, more or less; ALSO, A strip or parcel of land thirty (30) feet wide off of the north side of the south half of the south half(S 'A of the S ''/1) of section thirty six (36), township six (6) North of range sixty seven (67) west of the sixth (6') Principal Meridian, containing 3.63 acres, more or less; The properties and owners of said properties adjoining said right-of-way are as follows: Rick D. and Kathleen G. Hertzke 1. 10601 Hwy 257, Greeley, CO 80634 S2SE4 35-6-67, Exc. UPRR Res. 2. Ed Orr and Susie Ann Orr Petitioners' Property 3. 4. 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: None. 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 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 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: S RES ADDRESS 826 9`" Street Plaza E rr Greeley, CO 80631 826 9th Street Plaza usie Ann On Greeley, CO 80631 SUBSCRIBED AND SWORN to by Ed On and Susie Aim On Before me this day of Aril St , 20{3 . WITNESS my hand and official seal. Notary Public ate°... :imi O /�os qjr Myfnission expires: M:\W PFILES\P W ORKS\EDORR.WPD Identify Results http://maps.merrick.com/Website/We...cel&pin=080736000027&acct=R1597786 • Parcel Valuation Account#: R1597786 Parcel#: 080736000027 Owners Name &Address: Property Address' ORR ED & Street: 11651 62 CR 826 9TH ST PLAZA City: WELD GREELEY, CO 80631 Business/Complex: Leaal Description I 23587 SE4 36 6 67 EXC BEG SE COR N620' 589D59'W 899.56' THENCE $62DW 39.82' N86D42'W 126.09' S33D53'W I 159.21' THENCE 585D57'W 239.47' S0D24'E 543.93' TO A PT ON S LN OF SEC N86D30'E 1387.01' TO BEG (6RE5 6R) SITUS: 11651 62 CR WELD 80631 Land Value $39,961 Land Assessed Value $11,590 Impr. Value $146,297 Impr. Assessed Value $17,540 Total Value $186,258 Total Assessed Value $29,130 Total Taxes: $2,700.48 Amount Due: $2,700.48 Tax Area: Bordering County: Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 06 - 67 - 36 - 0 - - Acres: 11.39 Sq. Ft.: 0 Sale Price Sale Date peed Type Reception # $0 3/1/02 QCN 2931147 1 of 1 03/26/2003 11:14 AM Identify Results http://maps.merrick.com/Website/We...ce1&pin=080736000015&acct=R1596986 Parcel Valuation Account#: R1596986 Parcel#: 080736000015 Owners Name &Address; Property Address; ORR ED & Street: 11650 62 CR GREELEY 826 9 ST PLAZA City: GREELEY GREELEY, CO 80631 Business/Complex: Leaal Description 23589 PT SW4 36 6 67 S& E OF POUDRE RIVER (5R4L) SITUS: 11650 62 CR GREELEY 80631 Land Value $6,530 Land Assessed Value $1,900 juror. Value $ Impr. Assessed Value Total Value $6,530 Total Assessed Value $1,900 Total Taxes: $176.12 Amount Due: $176.12 Tax Area: Bordering County: Township Ranae Section Ouart. Sec. $ubdivison Name Block# Lot# 06 - 67 - 36 - 0 - - Acres: 96.33 Sq. Ft.: 0 Sale Price Sale Date Deed Type Reception # $0 3/1/02 QCN 2931147 1 of 1 03/26/2003 11:14 AM MEMORANDUM WligTO: To File DATE: 4/8/2003 C FROM: Donald Carroll, Engineering Administrator COLORADO• SUBJECT: Petition to Vacate Right-of-Way WCR 23 & 62.25 The County retained the right-of-way on WCR 62.25 between the Cache La Poudre River/WCR 23 and WCR 25. This portion of right-of-way was being retained as a possible trail connection. In the mean time, a trade was completed adjacent to the Jones Ditch to connect the trail. All appropriate agencies were aware of the trade. This proposal does not connect between county roads. The bridge connection was washed out during a flood and was never replaced. I recommend vacating this section of County right-of-way, as there is no connection between the County roads. The applicant owns both sides of the right-of-way. This section of road is not on the HUTF Report and is non-county maintained. pc: WCRs 23 and 62.25 files M:\PLANNING\re-I.doc r ^:i.:sii.:78ft„.•:li 11,'-.c..— t 9..14 ,•5}{ c� • •(. _ . is `." ._� • E r. • ': ,F • >F� 1 it t ' f F • fit. —4,.,, .t .'i • 34 F• •{ ,1 y[ •,Fir Y1' • 7 it113, t r'p' •,° .. •i.r tf.i. s- 1 .lY..•' a i 3. .'- - ..«r Tt •c , 1 i 1jfrW: t 1.,,!,,,,,,,.._!..,_ .. rk w �� .. J�r .�s".�..� 1 x•.yr is , _, y , L 1 .f F, h. G r• . ��... Ji r i'',3`;', t.'CK r:'.r ti +I ` ti Iii . �y -4i.,r rr i ids.. 1 • yT•i...:......e;t xif3 I ...•/y -i �`,1 .� 't. /.i '; •ti ,.t:! d• ' ..9r :0.a '.' _ s'F`::`' tj J. is s.. -I •• �' li � r r • •' :1 r ;r �'f . a•1 tF' • .,y, i .,r+• j `'�. • e • • a•y � : � `f ti �, . i '+'';''.-T,. ,. E;,r , ,r^ y �y t a 1 •T'`, �xr:, Tt, Eta" ��0` I f '''',4.''' z .5 -'n .. t t 3 i •t +.t tFF11`1 . . t: x 1 f ....Y• 1 � -!•E j ''..,..'...;',.;.;':''.'•:;.":::- + '1,',.,.::::=-:4, ,` t T{ ,' 1 t� 4r.. lAr ,,...0, : :irk f yy�,,i k,.M' jx, t rt. '� f, f i • �;.•fit* f r c . . �x J. YI'° its • _ . , "f .� 2 .. a •. • - �.- •'ti:: :mil' xF f. f' l,a 4 , ''i ROAD PETITION PASS AROUND NAME ADDRESS CITY, STATE DATE APPROVAL DENIAL COMMENTS DONALD CARROLL Alamo JEFF,FEROME SCOTT SCHREIBER ?AWL EVE'RHAQT' JIM RRF F.R • FRANK HEMPEN f/t/A2 / ryecaLor COUNTY ATTORNEY M:\W PFILES\DON-C,RDPETPSARND.wpd MEMORANDUM , wilgeTO: Clerk to the Board DATE: April 16, 2003 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Petition to vacate Weld County right-of-way on WCR 62.25 between the Cache La Poudre River (WCR 23) and WCR 25. The appropriate documentation is enclosed Enclosures pc: Don Carroll, Engineering Administrator M:\FRANCI EAGENDA.W PD a WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 1 e.IWEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO March 28, 2003 Ed Orr 826 9`h Street Plaza Greeley, CO 80631 Re: Petition for Vacation of Rights-of-Way Dear Ed: Enclosed is a document entitled, "Road Petition," which is a Petition for the vacation of certain rights-of-way across your property located in the south half of Section 36-6-67. This Petition is in response to our conversation last year, wherein you requested that these rights-of-way be vacated. Please review the Petition and, if it is acceptable, sign and return it to me so that I may bring it before the Board of County Commissioners of Weld County for consideration. My mailing address is: P.O. Box 758, 915 10th Street, Greeley, CO 80632. Please feel free to call me at (970) 356-4000, ext. 4390, if I you have any questions or comments. $fncerely, <8ruce T. Bafker Weld County Attorney Enc. pc: Frank Hempen, Jr. Hello