HomeMy WebLinkAbout20010836 RESOLUTION
RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF RIGHT-OF-
WAY ON WELD COUNTY ROAD 39 - DWAINE POLAND
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 Dwaine Poland,
18938 Weld County Road 22, Fort Lupton, Colorado 80621, a copy of which is attached hereto
and included by reference, requesting vacation of a portion of right-of-way on Weld County
Road 39, being more fully described as follows:
The public road right-of-way lying 30 feet on either
side of the section line between Sections 17 and
18, Township 2 North, Range 65 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 April 11, 2001, 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 Dwaine Poland, be, and hereby is,
accepted.
111111111111 111111111111111111111111111 III 111111u1 1III
2856507 06/11/2001 04:33P JA Suki Tsukamoto
1 of 2 R 0.00 D 0.00 Weld County CO 2001-0836
pe Pty C!� rolcurtu EG0043
•
RE: VACATION OF A PORTION OF WELD COUNTY ROAD RIGHT-OF-WAY - DWAINE
POLAND
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 11th day of April, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
�,�� WELD C NTY, COLORADO
ATTEST: Mi /0'_` gin/
<' ti EL M. J. Geile, hair
Weld County Clerk to the B-. d
al As
'6
1861
Wel enn Vaad forem
Deputy Clerk to the Bob`® j 4/ �1 i/7
• Q� ��Wil . Jere
APPROVED AS TO7IM: 4- n
David . Long
�ty Att rneyAtt rney EXCUSED
Robert D. Masden
AEI 11111 IIIIIII III 111111 11111 IIIII III IIIII IIII IIII
2856507 06/11/2001 04:33P JA Suki Tsukamoto
2 of 2 R 0.00 D 0.00 Weld County CO
2001-0836
EG0043
t
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS ) DATE: j—/e? - ‘)/
WELD COUNTY, COLORADO )
P.O. BOX 758 )
GREELEY, COLORADO 80632 )
FROM: (Petitioners)
Name ''_)) I PROPERTY g re RANGE
F
4�1 E�1_n1 ----t rzj a!f_b 4z_:-A, r`,eL .�t 711 c /I/6-'4
,
4
4
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 /,G (describe crossroads) c.Q) be declared abandoned
and vacated by Weld County. This right
of way is described as:
't;loo / OFF
of the 6th PM Weld County , Colorado.
2001-0836
•.4 .4
The properties and owners of said properties adjoining said right of way are as follows':
1. D._4] A KJ t Po /A n1 D — /fir/ 3 b Line R it, if OA) , co c--66.21
r— 303.5 34- X147/
2. r ,e r ,) . �/42GAes-4 - 9C6/ Gc)C -1,7/ /-/ezreSr,ii eo Ye)6t/P
3 Rlf14/ 3o39o1-- Cnj("
1W,14//c,e d _ /f9T,/wvie2p , -z4(-
co - % J
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-wavy are:
NOAl ` cc) AY
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 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
1This information shall be provided in the form of a certified list of the names, addresses and the corresponding Parcel
Identification Number assigned by the Weld County Assessor 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,or an ownership update from
a title or abstract company or attorney,derived from such records,or from the records of the Weld County Clerk and Recorder. If the
list 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
of Public Works and site investigation. Y permits issued by the Department
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':
As witness, our signatures hereunto annexed and followed by our address this/a day of
'7.�,c..Fi ,aab/ .
SIGNATURES ADDRESS et
- - tea-
•
3 This could include a means of substituting a right-of-way in another location such as:Petitioners agree ton dedicate
or otherwise convey,in a form acceptable to the Board,a 60' right of way as shown on the attached map and to provide any necessary
surveys or legal descriptions to describe the right of way so conveyed.
SUBSCRIBED AND SWORN to by apwc, l'i.((,„,
t fi t �seaai before me this /2 — day of
WITNESS my hand and official seal.
,•-.6
•—
;
=r K. \C)
otary Publ %O
My commission expires: /d/7/dam/ %, C-
My Commission F:;,iros0ctober?2004
M:\WPFILES\P W 0RKS\VACAIRDF.LDM
r 4 SRCAtt av—oce.1/4ct
rocR
- (pleO /
`Brm LJAlt-zrs
11 k Lim y Se/ to )1
�j�-Cuw
GYokv. d
2
V l
Ns
�q Qr�ah.5
Nowt=
IYIMI %.1.../ Y • - -
_ -tc5
DALE CURTIS B a M JOHN R. & I
HEMPSTEAD THOMAS E.
et ,I LAND CO. MOSER o �°
•
JAMES G. a 6 a
RICK 4 a ` z 3 ,, 2
JOSE?NINE MAYNARD MOSER M. E.LLC C Z' CANNON w'RICHARD E. &
' STEPHENSON1 W I LAND i CHARLOTTE L.
+NICHOLS E I a s CO. 1 ' HARKIS
I > d Juwus L. 24
MARIE L. E WADE M. EVERETT H. JOHN R. & .,. JANET
H OMScN NICHOLSN
T OMSEN I ELLEN F
•
MflSFR
St*)Wf1V
�.:• :>:: . ..;.::'.:•- _ � .1 -. .WEISIVER. J1kMES ft:8i:f5ECHANT .ORV3L�E:L_,..�-� s1::DENREfS L. ,. c�r�.wMICH_LLEFARMS.. �B:WALlNI A. a JAMEE Q �•
v BD:. JONES mta d
'PTSHP I THOMA- a Z COOK V ZO Z
1 SON v' I A aA. EL,.
co
er+; z �pov:; :eN�
ft • • is1 �r t i� ! E■ t� t• tr ! tti t! 22.
• CO I0.aA. 7 ■' �:Z9A { 265�LEONARD F. 9" Zs L tar+ -M W e
• Al [COULTER t•iH I SHEILA RAE =a...
RICHARD E.
THOMA$OM 8 CONNiE C
•
FAYREN I I
MEYER 4 IfIfIfOEANw. e, 1FRANCES R. HARKS ORDON P 5
• Z _a e+al GRACE
17CAinPSEIL ' S. iIV CHOLS etai a` ,
a ;LARKIE R. �lE CHE.:
•
C Z POTTS Al S M•ELEON RANCH, v DOUGLAS�L. •c5 ORDON
C JULIE A. L
Q3 cc S KAMMER 'tLL
3 I < zsu EiCNEL I
.► • S s a ac RR s t t! 20 f
A6A- ' WILLIAM D. WILLIAMLI- t
PHOEBE RAE LuceRaR-00$ RT 0 ?cORGE EDWARD
& CAROL A.
HARRIS J. IM£GUIRE, 1 N OWERS
ISARCHET IJR• ia4 g POWERS et 01 m at al
•
9 20 ■ 21� Q 22 23
\_..._, ,:f,
PLATTE VALLEY i ERNEST F. w w
• FARMS LTD AoAMSON JR.
cc a LIABILITY a CO.0 o Z O
aaua Q 0 = _ r eat...1...R—..-��_,
W. L. I-• ALVIN - .1,;:g. `ROLAND 1 ,.,i..2 1:4 : o
3aw �
DEGHAN
.eta ° ti
t I,
_ '�O ,.a ALLEY IWATOA G:. ALVIN . Z.... Cr JOHN-
r
W 0 AIRP ARK LTO COMPANY DECHANT, laJ CC �Q CHAS. 06 Z W _ ROt�ERT
J O 'Hoe_ COLORADO J R' I 0-1 W J ° CARLSON
r Q C C�AY � 3 '' Q "�� -___�16
+ J
JIMMIE E. & l EARL R. a .sPAYo DAN S. &
MARY MARGARET HAY co. �•o �, EDITH J.W
MILLER H. RILEY OLGA 4---v ,- RHODES oU a
;ERG- �¢z Q
3I ST ROM IS L, _
•
• MYRON G.a32 et al j FRANK ' 4 35'D .c o
TERRY L. EA RI R,a G. FIDELITY FIRE 3 Z to p 1
"HAf'Fr 1 CASUALITY O�
I ROBERT a^ �MaRTIN5pNyInEL R. GPTTLc1JV, u
4I
I •::1•37-:c44-:'1....:4161.
a4.E S 1 °w �l v ! k, 4` ' -a tot 4 i '�y .NJYa' T t $Y 4
�` , _ 5 >r r5� e fi
rt
y 1 I J
B ''''';4.".� Y}'t* `'�,F e.tr# '<' 'N tr4 'a-d swu � f Y'LA 1 4
ti T5� t"
9 HEP (!)
4 Y • 1 _ 1:
�+v 4[.. } x1 �tS �}„ .j Y F S .KL
-}.A, 1fi c - iy i + � ,3 s _ 1 a i • +
b � a �" Ix.' l 0,L
4 Ap 4/4,4 >,t C.ci % 'x }ci. b ltpl .2 rr"'F t� /• f,s
.>< C • } A i z
:''''''''':
i �„ !,,,,„1,4,,./,;,-, 1 riy f'r c f < i �'
},+ Ya y .,,,,:..z,„, d,.f Jr �� r Y F `} taw&4� xf�ytic
-t -,-,S-
- yr, `'t u ) 43i�u 7 . � .,'
'b � tiw 4. Pf = 0r 1"1 ,, � " 7 4 4ri„ti, :4: 0 td . cr �.fyty:yy Iw 44 /��.yu gr
ll..e r � �+' srr t f p i i°11
� "�qq WF�{ h�.
�' h;a ✓' r ' a~' r �3� S., '. _ 4 : ' '
:J341
..Jtkr d J,',
,'
V, _
1 �
I 1I
. .. {�xe IN+N4il s +t:tiYis .3e 4 rtiveft;a0z
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: April 11, 2001
TIME: 9:00 a.m.
PETITIONER:
Dwaine Poland
18938 Weld County Road 22
Fort Lupton, Colorado 80621
REQUEST: Petition to Vacate a 660-foot portion of Weld County Road 39 between roads 20
and 22 subject to dedicated and recorded easements and rights-of-way
LEGAL DESCRIPTION: The public road right-of-way lying 30 feet on either side of the section
line between Sections 17 and 18, Township 2 North, Range 65 West of the 6th P.M., Weld
County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 30, 2001
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 March, 2001.
DWAINE AND CHARLOTTE POLAND
18938 WELD COUNTY ROAD 22
FORT LUPTON CO 80621
FRED SARCHET
9061 WELD COUNTY ROAD 41
HUDSON CO 80642
BRIAN WALTERS
18978 WELD COUNTY ROAD 22
FORT LUPTON CO 80621
Deputy Clerk to the Board
CAROL Hardin Poland end Walters a lications „Pale 1
WELD COUNTY
From: "Karen J. Radakovich" <KAREN@frascona.com> ��"� .sl c , _
To: <charding@co.weld.co.us> 2001 APR 1 1
Date: 4/10/01 1:32PM Ml 9: J j
Subject: Poland and Walters applications
RECElvv` J
Dear Commissioners:
I learned yesterday that I was allowed to forward to you e-mail correspondence, for inclusion into the official file for the above-mentioned two
applications. I have therefore attached two submissions, one for the Poland application for vacation of the road, and the other addressing the
Walters application for a license agreement to maintain a right-of-way.
Thank you for your inclusion of these submissions into the case files for these two applications.
Sincerely yours,
Karen J. Radakovich
Frascona, Joiner, Goodman and Greenstein, P.C.
4750 Table Mesa Drive
Boulder, CO 80305-5575
Phone: 303-494-3000
Fax: 303-494-6309
e-mail: karen@frascona.com
web site: www.frascona.com
CC: <bbarker@co.weld.co.us>
11 Elr,M1BIT
PO&X\t
;CAROL Harding BCC submission for Poland a lication w d Pale 1 •
WELD COUNTY
'r"" APR I I ?'1 8: 15
C PUBLIC HEARING-BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
RECD PETITIONER: DWAINE CHARLOTTE POLAND
HEARING DATE AND TIME: APRIL 11,2001 AT 9:00 A.M.
REQUEST: PETITION TO VACATE A 660-FOOT PORTION OF
WELD COUNTY ROAD 39 BETWEEN ROADS 20 AND 22
Dear Commissioners:
I am the attorney for Dwaine and Charlotte Poland,regarding the above-mentioned application. In order to familiarize the
Board with the relevant facts of this petition,I respectfully submit the following:
Mr. and Mrs. Poland filed a Road Petition dated March 12,2001,in order to request that the Weld County Road 39 between
County Roads 20 and 22 be vacated and abandoned by Weld County. Although the County has claimed an easement 30 feet wide on
this section of the Poland's property since October 12, 1889,the County has never constructed nor maintained any roads which utilize
the easement,and it is the Polands' understanding that the County has no desire nor need for a county road in this location. There are
no properties which will become land-locked as a result of the County's vacation of this easement. In addition,no part of the easement
is within a City or Town or a County other than Weld County,and no portion of the easement is shown as part of an approved or
recorded subdivision plat,map,or unincorporated community legally filed prior to any regulations controlling subdivisions. Finally,
the right of way is not used by the public until only recently(as set out below),and that member of the public has other legal and
historical access to his property and therefore does not need this easement.
Not only is there no need or purpose for a county road in this location,but in fact a road there is dangerous due to wash-outs
caused by rain. Mr. Poland will show a videotape,taken by him several years ago after a large storm,which clearly shows the area in
question and the damage done to it by heavy rain. It appears that this section of the easement has been washing out during periods of
heavy rain since at least 1965. When the sections line easements were granted in 1889,there was probably no engineering or other
study done to be sure that those section lines were in fact appropriate for future roads,given the local topography. But when a road in
a particular easement would be unsafe,potentially exposing both the Polands and the County to civil liability if not properly
maintained,it would be proper for the county to abandon the easement.
The only member of the public who is attempting to utilize this easement is doing so under the following circumstance: in the
fall of 2000,Mr. Brian Walters requested that the Polands allow him to utiltize 15 feet west of the section line into their property, in
•
km{{ CAROL H ardin Tiara for Poland a lication w d Page 2'
order to build a private driveway to his new home. (The other 15 feet of his private drive was intended to be on this other side of the
section line,on property owned by a Mr. Fred Sarchet). The Polands gave their permission for him to do so,so long as Mr. Sarchet
also agreed. Soon thereafter,however,the Polands realized that the drive had been built,not 15 feet into their property as previously
represented by Mr. Walters,but 30 feet(and potentially more)on their property. In the course of construction,Mr. Walters removed
the section marker without their consent [a class 2 misdemeanor under C.R.S. § 18-4-508(2)],and accomplished the construction
apparently without the benefit of either professional surveying,road engineering,or a county licence to do so:
Thereafter,Mr. Walters offered to compensate the Polands by trading the 30 feet of land which he improperly took, for 30 feet
of land on the southern boundary of the Polands' property(where it adjoins his property). The Polands agreed to this offer,even after
Mr. Walters' presumptuous behavior,but he later withdrew the offer with no explanation. Due to this situation,therefore,the Polands
are no longer interested in negotiating with Mr. Walters.
For the foregoing reasons, the Polands respectfully request that the Board of County Commissioners of Weld County vacate
and abandon the above-mentioned portion of the easement. Thank you.
It is the Polands understanding that Mr. Walters is,after the fact,now attempting to obtain a county license to"construct"a
road. The Polands object to that request, and respectfully request that the Board disapprove the Nonexclusive License Agreement for
the Upgrade and Maintenance of Weld County Right-of-Way,also on the agenda for April 11,2001.
Hello