HomeMy WebLinkAbout20003245.tiff Cl 35
RESOLUTION
RE: ACTION OF BOARD CONCERNING PETITION TO VACATE A PORTION OF WELD
COUNTY RIGHT-OF-WAY
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 Steve and Rhonda
Armknecht, Bret and Theresa Williams, and Clara Heinze, a copy of which is attached hereto
and included by reference, requesting vacation of a portion of Weld County road right-of-way,
being more fully described as follows:
The public road right-of-way lying 30 feet on either
side of the section line between Sections 31 and
32, Township 7 North, Range 63 West of the 6th
P.M., Weld County, Colorado, which line is
described as beginning at a point described as the
SW1/4 of Section 32, proceeding northerly
2,675.57 feet on a bearing of N00° 32"45'W
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 December 27, 2000, to consider the vacation of that portion of
Weld County road right-of-way which is described above, and
WHEREAS, at said hearing on December 27, 2000, the Board of County
Commissioners heard the testimony of those present 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 would not be appropriate at this time, and
WHEREAS, the Board of County Commissioners deems it advisable to deny the petition
to vacate said portion of Weld County road right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Petition from Steve and Rhonda Armknecht, Bret and Theresa
Williams, and Clara Heinze, be, and hereby is, denied.
111111111111111111111111111111111111111111111111111111
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01/18/2001
d Count CO ukamolo
2000-3245
EG0028
RE: DENY PETITION TO VACATE WELD COUNTY ROAD RIGHT-OF-WAY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLO DO
/ A ' . 1 'Air
/7 4, i'' arbara J. ' kmey , Chair
��V ltlSbt ,+ erk a the Board
,, t__ � . eeile, 3roem
i* * to the Board
orge . Baxter
APP ED AST ORM: �O f(�
Dale K. Hall /
. ouniy AttorrVey
Glenn Vaad
1111111 11111 111111III11111111111111111 III 11111 IIII Ill
2819935 01/18/2001 01:47P JA Suki Tsukamoto 2000-3245
2 of 2 R 0.00 D 0.00 Weld County CO EG0028
ROAD PETITION
TO: BOARD OF COUNTY COMMISSIONERS ) DATE: /e316(J)
WELD COUNTY, COLORADO )
P.O. BOX 758 )
GREELEY, COLORADO 80632 )
FROM: (Petitioners)
Name PROPERTY TP RMJGt .
_ r ;l!t.a ex.s J-�� 14s 'w
: ° fa 3/- 7 - ,3
., A.
6 A. 16-,2.7
-
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 63 (describe crossroads) 74/ be declared abandoned
and vacated by Weld County. This right of way is described as:
2 6 �y S �Ae„,. �d� c 31 '%�§ • �rc>r f i e S bv' 7 Ss 3••4
of the 6th PM Weld County , Colorado.
�! o O �'
2000-3245
The properties and owners of said properties adjoining said right of way are as follows':
1. 31-e v-e ?k-coda_ r,vi kwe.r h -�
2. egr7' •I- 71-w.C,s GV i//i a'Du
Celi'f(b3
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 are2:
PvRt 4 - tec .O .z,.27oq'(
As support for this petition, Petitioners state that the right of way has riot 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 permits issued by the Department
of Public Works and site investigation.
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 f 0- O -ttU /vtPn-/'
As witness, our signatures hereunto annexed and followed by our address this Di/ day of
O ell,be-t , av :
SIGNATURES ADDRESS
�js9,lw _aR/ mei 31/ 1 _ , tej c tE�a4 7„,/, cakAn o: 5--64,4<5--64,4<YL -/ o,vvv" 31116- 13 Z41, "a8
' This could include a means of substituting a right-of-way in another location such as:Petitioners agree to 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 Jevc RIOA arm kneezit
/ / before me this v 1 day of
WITNESS my hand and official seal. Sherri Griffin _
Notary Public
My commission expires:
1-A1-g-003'
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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 Provisions3:
J E' e of f (_'
As witness, our signatures hereunto annexed and followed by our address this 03 day of
0 , •
dam•
SIGNATURES ADDRESS
� .
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 bre/IV; i OW3, VV.7,es Q 0i1/; QmA , ClGartk 43)7-
before me this 3 day of
a eAtth.� , a ar .
WITNESS my hand and official seal.
P4iplaA
4t
Notary Public
My commission expires:
Oa/da/7a0A lios. AD4orak‘‘I
%sit- NOTARY =a;
\PUBLIC .I
si � 8
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M:\WPFILES\P WORKS\VACATRDF.LDM
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 Provisions3:
As witness, our signatures hereunto annexed and followed by our address this / '7 day
SIGNATURES ADDRRSS
ks4' ..". - . �zyzr 4 3toe 5- c.w &3, &S- kton,(o, $C�(c 4
Aer, _CteeZtld"r- .364 -•S— a
3 This could include a means of substituting a right-of-way in another location such as: Petitioners
agree to 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 (an elanc.A., Marc.
ar/Nh Sal/eiLi before me this / 7
day of M Corn LA , 2 db b
WITNESS my hand and official seal.
2ko,ofp, 4, ( ,..
Notary Public
My commission expires: 130)/0.2 4204? �o�J AR 11
cgt NOTARY ‘:,: -#4
PUBLIC il
ii>.'h'OF COW
October 19, 2000
Weld County Board of Commissioners
915 10`" Street
Greeley, CO
To the Board of Commissioners:
As you may know there are some issues regarding Weld County Road 63, which is currently not an
open access. We have been informed by Rocky & Susan Peterson that they are petitioning to have
an access from WCR 74—WCR 78 turned into County maintained road(Attachment 1, referencing
'A'). There is a '/2 mile section just north of WCR 74 owned by 3 adjacent property landowners,
Steve & Rhonda Armknecht, Bret& Theresa Williams and Clara Heinz who are concerned about
the possibility that this road may be opened sometime in the near future (Attachment#1,
referencing `B').
While researching the Weld County records, we have discovered that within the 5 mile stretch from
Highway 392 north to WCR 78, there is apparently only 1/2 mile of WCR63 which has not been
abandoned, closed, vacated or turned into an access easement (Attachment#1, referencing `B').
That '/2 mile is parallel to The Armknechts' & Williams' west property line and the Heinz' east
property line.
In 1998, Mark & Karen Flores, were approved for an"Access &Utility easement"which borders
our east and north property lines and continues to run north for 1'/2 mile to WCR 78 over the top of
the abandoned, closed and/or vacated WCR 63 (Attachment#1, referencing 'C' &Attachment#2).
Our position is that this access was approved by the County to provide access to all new property
owners between WCR 74 & WCR 78. In addition, the Flores granted an"access easement"to Mr.
Moody (the first '/2 mile of land just north of our corner property line (Attachment#1, referencing
'D' & Attachment#3). Mr. Moody was provided this access to have the opportunity to sell his 2
east corners and to provide access to the existing landowners, the Peterson's & Moore's.
We are providing the necessary paperwork to petition to vacate the remaining ''mile of WCR 63
which runs parallel to our& The Williams' west property line and Heinz' east property line
(Attachment #1, referencing B'). The existing 3 property owners who are adjacent to WCR 63 are
all in agreement that we do not want the road opened. Again, with the access road to the east&
north of our property, which provides all property owners access, we see no reason for the
abandoned & closed %2 mile section of WCR 63 not to be vacated. Please note in the"Special
Provisions"paragraph of the petition, there are some conditions that we are willing to address.
Thank you for taking time to consider our petition. If you would consider discussion regarding the
special provisions, we look forward to discussing this further with you.
Sincerely,
Scam, e ,O"-O ()nom.k-g).Lck ,
Steve & Rhonda Armknecht
31115 WCR 74, P.O. Box 757
Galeton, CO 80622
(970)454-3621
Special Provisions:
As a recommendation by the Weld County Department of Public Works, Steve&Rhonda Amknecht are
open for further discussion to consider dedicating a 60-foot right-of-way on the center of the existing
access road, in the event that the vacation of the '/x mile portion of WCR 63 takes place.
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59T 2550594 B-1608 P-862 05/30/1997 12:32P PG 1 OF 1 RFC DOC t
Weld County CO JA Suki Tsukanoto Clerk & Recorder 6.00
ACCESS AND UTILITY EASEMENT
An Access and Utility Easement is hereby created, by the
undersigned Owners, over and across the following described
property:
The West 30 feet of Section 29;
The East 30 feet of Section 30;
The West 40 feet of the West 1/2 of the NW 1/4;
The South 40 feet of the SW 1/4 of the NW 1/4;
The South 40 feet of the West 40 feet of the SE 1/4 of the NW 1/4
and
The West 40 feet of the East 1/2 of the SW 1/4 of Section 32;
ALL in Township 7 North, Range 63 West of the 6th P.M.,
County of Weld, State of Colorado.
Dated May 23, 1997 .
leder— ad-- 7 D----
Mark S. Flores Karen E. Flores by Mark S. Flores
as attorney in fact
State of Colorado,
County of Weld, SS
The foregoing instrument was acknowledged before me this 23rd day
of May, 1997 by Mark S. Flores and Karen E. Flores.,by Mark S. Flores as
attorney in fact
My commission expires .074e.& c 3719 9 killattfafrii2464"
Notary Public
a' z I %.0
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111110111110101111111 01 111111111111 III 11111 UII IIII
2840258 10/12/1998 12:37P Meld County CO
9 5l` 1 of 2 R 11.00 D 0.00 JA Sukl Tsukamoto
POUDRE VALLEY-RURAL ELECTRIC-ASSOCIATION; INC:
RIGHT-OF-WAY /EASEMENNT and 1 ?'''",:' :'i j t
KNOW ALL M BYTHES RE T at X----`7"r�rk ✓ P/�reS fell/`'� 3 1 9y? Li
.0 reor
[Print full name(s) (single,joint, partnership, corporation, incorporated ass'n)J
is (are) the owner(s) of record and for a good and-valuable consideration; the receipt of which is hereby
acknowledged, do(es) hereby grant unto Poudre Valley Rural Electric Association, Inc., (Association) a Colorado
Corporation, whose post office address is Fort Collins, Colorado, and to its successors and assigns, a perpetual
right-of-way easement upon these particularly described lands of the undersigned:
A UTILITY EASEMENT 20 FEET WIDE, 10 FEET EACH SIDE OF POWER LINE CENTER AND
APPURTENANCES AS CONSTRUCTED ON WORK ORDER / 30848
RECEPTION NO(: 232411 v
County WELD , Book X , Page X ,Section 32 ,Township 7 N, Range 63 W,
for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity,
operating, repairing, maintaining, and extending from time to time an overhead and/or underground electric line or
system, including, but not limited to, poles, towers, fixtures, conductors, guy wires, cables, conduits, vaults,
transformers, pads, and enclosures, on, over or under the above-described lands;
And for the purposes of cutting, mowing, trimming, or controlling by chemical means, from time to time,
trees, bushes and shrubbery located within 10 feet of the centerline of said line or system and to cut down
all dead, weak, leaning or dangerous trees or limbs in or adjacent to the right-of way as may, in the opinion of the
Association, otherwise endanger the lines or other facilities of the Association.
The undersigned agrees to keep the area within 18 feet of the centerline of said underground or
overhead electric line or system clear of buildings, structures, piles of earth, rubbish, debris or other substances
or materials, and to permit or otherwise agree to the easement and joint use occupancy of other lines or systems;
And grants the Association the right of access for ingress and egress over the lands above-described and
the right to use the roads or trails, whether public, private or dedicated , to install, maintain and use gates and
fences presently installed or as may be installed from time to time:
And further agrees that all facilities installed by or for the Association shall remain the property of the
Association, removable at the option of the Association.
And shall not grant any other easement right-of-way, permit or license upon, under or over said properly
without the written consent of the Association. The failure to enforce all or any portion of this Easement by the
Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights.
The undersigned warrants that (s)he is (they are) the owner(s) in fee of the above described lands and will
defend the title thereto againsa!t-claims, and that said lands are free and clear of encumbrances and liens of
whatsoever character except the folloywing:
M AGt COMPANY AME:.X'
X IN WITNESS WHEREOF the undersigned has set his hand and seal this day of lit , 191.
CX kOwner) CLS
X (Owner) Yip,'..1C, ca- L i ' -'1-
X (Owner) (Y0- - t-v - icixd-
X (Owner)
STATE OF COLORADO )
/{/C„/a ) ss:
COUNTY OF (/(. )
%�: .ping instru t was acknowledged efor m his �L' a of
+ ::. : Y„tad. , by �y �°� // ��/i� rjT�cT/�(r�5 r
�i • LOCH ; ' l9 My Commission Expires: ���J��D
I
t s.��% Notary Pu lic
30848 TF LOC.# rIODUHt VALLEY HS
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IT ICiChrvV.h1- �, J
SENT 31: TPANSNATION TITLE; 3. 5.95 13:59; 9703522312 qi ,' I
(13
InintiniiniiiliEWHE H Iill
2615175 05/26/1998 03:55P Woad County CO
1 of 1 R 6.00 D 0.00 IA SA! Tsukamoto
nwIr or USE OF ACCESS AND I'FILITY E'iSE:a-NI'
Thu undersigned hereby grant the use of l\-::pas and Utilii_y
t!aso➢Ent recorded May 30, 1997 in Book 1608 as Reception No. 2550594,
ta .T. Gale Mecdy over the fOilbwing described property:
The West 30 feet of Section 29;
The East 30 Feet of Section 30;
The West_ 40 feet of the West 1/2 of the NW 1/4;
The South 40 feet of the SW 1/4 of the NW 1/4;
The South 40 feet of the West 40 feet of the SE 1/4 cf the NW 7 /4
and
The West 40 feet of the Fast 1/2 of the SW 1/4 of Section 32;
ALL in Township 7 North, Range 63 West of the 6th P.M. ,
County of Weld, State of Colorado,
for the benefit of the ME. 1/4 of Section 31, Township 7 North, Range (.3
West of the 6th P.M. , Weld County, Colorado.
11<ater) this day of March, 199g. C� 1 . [.CZ-V`1
fiagrita.
tar . S. Flores Karen E. Flores by ?ark 5 ore
as attorney in tact
State of Colorado,
County of Weld, SS
i'ha foregoing instrument was acknowledged before me this /60 day of 4r. I, /9 ;/
Sj M G98,-by Mark S. Plores and Karon E. Flores by Mark S. Flores as
attorney in fact.
My ccmmission expires w_/('
Notar Yiinlic
0611"°252o
.,
110,1, Op r
al, d
11111 1111 111111 1111 111111 11111111 II 111111 II111111
2627094 07/20/1998 01:57P Wald County CO
O9'c(
1 of 1 R 6.00 D 0.00 JA Suitt Tsuksmoto
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that +£oen �a.y 4rtkr�'rl4t 5'- Rim nor'a
3- ar mt.kits r A7—
[Print full name(s) (single, joint, partnership, corporation, incorporated ass'n)j
is (are) the owner(s) of record and for a good and valuable consideration, the receipt of which is hereby
acknowledged, do(es) hereby grant unto Poudre Valley Rural Electric Association, Inc., (Association) a Colorado
Corporation, whose post office address is Fort Collins, Colorado, and to its successors and assigns, a perpetual
right-of-way easement upon these particularly described lands of the undersigned:
A UTILITY EASEMENT 20 FEET WIDE, 10 FEET EACH SIDE OF POWER LINE CENTER AND
APPURTENANCES AS CONSTRUCTED ON WORK ORDER 9 30968
RECEPTION NO. :'I X/ 02 /7/(0 77
County WELD , Book X , Page X .Section 32 ,Township'N, Range 63 W,
for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity,
operating, repairing, maintaining,and extending from time to time an overhead and/or underground electric line or
system, including, but not limited to, poles, towers, fixtures, conductors, guy wires, cables, conduits, vaults,
transformers, pads, and enclosures, on, over or under the above-described lands;
And for the purposes of cutting, mowing, trimming, or controlling by chemical means, from time to time,
trees, bushes and shrubbery located within 10 feet of the centerline of said line or system and to cut down
all dead,weak, leaning or dangerous trees or limbs in or adjacent to the right-of way as may, in the opinion of the
Association, otherwise endanger the lines or other facilities of the Association.
The undersigned agrees to keep the area within 18 feet of the centerline of said underground or
overhead electric line or system clear of buildings, structures, piles of earth, rubbish,debris or other substances
or materials, and to permit or otherwise agree to the easement and joint use occupancy of other lines or systems;
And grants the Association the right of access for ingress and egress over the lands above-described and
the right to use the roads or trails, whether public, private or dedicated , to install, maintain and use gates and
fences presently installed or as may be installed from time to time:
And further agrees that all facilities installed by or for the Association shall remain the property of the
Association, removable at the option of the Association.
And shall not grant any other easement right-of-way, permit or license upon, under or over said property
without the written consent of the Association. The failure to enforce all or any portion of this Easement by the
Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights.
The undersigned warrants that (s)he is (they are)the owner(s) in fee of the above described lands and will
defend-the-title-thereto against all claims; and that said lands are free and clear of-encumbrances and liens of
whatsoever character except the following:MORTGAGE COMPANY NAME: X f, e of y o.a.-k .
•
X IN WITNESS WHEREOF the undersigned has set his hand and seal this
7 day of , 19
........,,,,,.,,, O (Owner)
X (Owner) r1- tp(A. 4- Q_iat Lu rkt
• /
• X (Owner)
o
yT '•-•.......••••tip X (Owner)
.HOC _ _ .....
STATE OF 604013A00
ss:
COUNTY OF
-
The foregoirrg instrument was acknowledged before me this 7 day of 4 , 191 by S+eVen !Q• 14 M I?A€e l+T c RHon/DA T. AR YJUF T .
SEAL ALA; SHERRI L GRIFFIN •
/_ . _ . / My Commission E i�esMMISSION EXPIRES 9-27-99
Notary Public
WORK ORDER# 30908 JRT LOC.# POUINEVALLEYREA
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REV:7197 C:Vv1y Documents\J users peggy\easemenrroalorm.doc eatedim.Oelo.80627-21550
° MEMORANDUM
TO: Lee Morrison DATE: August 25, 2000
Assistant County Attorney
CFROM: Donald Carroll, Engineering Administrator ley
COLORADO
• SUBJECT: Petition to Vacate WCR 63
Steve and Rhonda Armknecht have petitioned to vacate the right-of-way located one-half mile of
WCR 63 directly north of WCR 74. There is no existing roadway. There are three adjacent property
owners in this one-half mile stretch ofright-of-away. The other property owners have not petitioned
for vacation of this section of right-of-way. There is an access road on the east and north sides of
the Armknecht property. This road is utilized for accessing the 80-acre parcels to the east and north.
If the Armknechts would dedicate a 60-foot right-of-way on the center of the existing access road
to accommodate public accesses,the Weld County Public Works Department would recommend the
vacation of the one-half portion of WCR 63. Additionally,the other adjacent property owners must
concur.
pc: Frank B. Hempen, Jr., Director of Public Works/County Engineer
Drew Scheltinga, Engineering Division Manager
WCR 63 file
mr\wp£1es\don-e\vacatewcr63
NOTICE
Pursuant to Section 43-2-303, C.R.S., and Weld County Ordinances and Resolutions, 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: December 27, 2000
TIME: 9:00 a.m.
APPLICANT:
Steve and Rhonda Armknecht Bret and Theresa Williams Clara Heinze
31115 Weld County Road 74 31055 Weld County Road 74 37141 Weld County Road 53
Galeton, Colorado 80622 Galeton, Colorado 80622 Eaton, Colorado 80615
REQUEST: Petition to Vacate an approximately one-half mile portion of Weld County Road 63
north from Weld County Road 74 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 31 and 32, Township 7 North, Range 63 West of the 6th P.M., Weld
County, Colorado, which line is described as beginning at a point described as the SW1/4 of
Section 32 proceeding northerly 2675.57 feet on a bearing of N00° 32"45'W.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: December 13, 2000
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 15th day of December, 2000.
STEVE AND RHONDA ARMKNECHT
31115 WELD COUNTY ROAD 74
PO BOX 757
GALETON CO 80622
BRET AND THERESA WILLIAMS
31055 WELD COUNTY ROAD 74
GALETON CO 80622
CLARA HEINZE
37141 WELD COUNTY ROAD 53
EATON CO 80615
ROCKY AND SUSAN PETERSON
36921 WELD COUNTY ROAD 63
GALETON CO 80622
Deputy Clerk to the Board
WELD COUNTY ATTORNEY'S OFFICE
b� 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
"lige
PHONE: (970) 336-7235
November 15, 2000 FAX: (970) 352-0242
COLORADO
Rocky and Susan Peterson
36921 WCR 63
Galeton, CO 80622
RE: Improvements to WCR 63
Dear Mr. and Mrs. Peterson:
This is in response to your letter requesting that the right-of-way for WCR 63 north of WCR 74 be
opened and expressing a concern regarding the Armknecht's Petition to vacate the 1/2 mile of right
of way in this stretch.
Your letter will be made a part of the record in the road vacation proceedings and you will be on the
mailing list so that you will have the opportunity to be present when the Board hears the matter.
Notice requirements mean that it will be at least two weeks before such a meeting can occur.
Weld County has many situations where there is a right-of-way reserved for use of the public
(mostly on section lines) with no actual County maintained road. In some cases, parties have
obtained a private non-exclusive license to use the Public right-of-way and such an arrangement
places all construction and maintenance responsibility and liability on the private party using the
right-of-way. This arrangement might be available for the 1/2 mile of WCR 63 but the parties using
the road would be responsible for improving the road to the extent necessary for school bus use.
The County will not accept maintenance responsibility on new roads unless there is sufficient width
of right-of-way and the road is first improved to County standards. Weld County Ordinance# 180
§ 20. This applies to existing public right-of-way or new public right of way being created by
dedication to the County (this would apply to either improvements to the existing WCR 63 or the
private drive currently accessing your property from WCR 74). The County will not pay the cost
of such improvements particularly where only local traffic would be using the road as opposed to
the creation of a new arterial road. The County may consider a local improvement district which
would spread the cost over time if all of the benefited landowners would agree to assess themselves
for the cost. The actual width of the right of way and extent of improvements depends on the
Rocky and Susan Peterson
November 15, 2000
Page 2.
anticipated traffic and the terrain. You should contact the Public Works Department to determine
their recommendation as to the extent of the improvements necessary to meet County standards(Don
Carroll, 356-4000, extension 3750).
Please contact me if yo have other question regarding this matter.
Yours truly,
/ 77'n 71___
Lee D. Morrison
Assistant Weld County Attorney
LDM/db:Let/Petersonwcr63.wpd
pc: BOCC
Frank Hempen, Jr., Public Works
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
DEPARTMENT: COUNTY ATT RNEY DATE: November 6,2000
PERSON REQUESTING: a orrison, Assistant Weld County Attorney
Brief description of the problem/issue:
Background:
The neighborhood in the vicinity of the right-of-way for WCR 63 north of WCR 74 has issues
regarding that portion of WCR 63 running one-half mile north from WCR 74. That portion of
the right-of-way is not currently in use and some parties led by the Armknechts wish to have that
segment vacated and have filed a petition to that effect. Another group including the Petersons
are asking for the right of way to be opened as a County road.
This problem has its roots in the creation of several lots in the mid to late 1990's. RE 1827 was
created in 1995 in the S.W. 1/4 of Section 32 on the N.E. quadrant of the intersection of WCR 74
and the right-of-way for WCR 63. Both lots of RE 1827 access onto`VCR 74 and do not use
WCR 63. RE 2241 was created in 1998 for a 3-lot RE lying one-half mile north of WCR 74 in
the NE 1/4 of section 31. The private access drive providing access to RE 2241 from WCR 74
runs from the one-quarter section line in the S.W. '/4 of Section 32 north up to the east-west 'A
section line thence westerly until it reached the section line between Sections 31 and 32. It does
not meet County standards for a rural road either by construction or width of right-of-way. The
right of way for WCR 63 is not in use and only exists in the one-half mile stretch just north of
WCR 74, the next one and one-half miles to the north having been vacated in 1945.
The Armknechts, Heinze and Williams want the one-half mile to be vacated since they are
concerned that the public will exercise their right to use the unimproved right-of-way even if the
road is not opened as a County maintained road. Armknechts and Williams in RE 1827 are
concerned about WCR 63 being only a short distance from their houses if it is opened. The
Petersons, Wright and.Witham/Trevarton all are asking that Road 63 be opened and improved so
that the school bus can pick up closer to their houses.
Public Works has indicated that they would support vacating WCR 63 if the private drive is
dedicated,widened and upgraded to county standards. The Armknechts are willing to discuss
dedicating additional right-of-way but it does not appear that there is support among land owners
along the entire length of the private drive easement to obtain additional access.
Recommendation to the Board:
Advise the Peterson group that neither the private drive nor the WCR 63 right-of-way will be
upgraded by the County pursuant to current policies (Section 7-6-150- Weld County Code,
Ordinance 180, Section 20) and that maintenance would occur only if the roads are widened,
upgraded and dedicated to County standards. Set the vacation proceeding for Board meeting and
notify the Peterson group so that they may attend.
Initial:
Approve Deny Schedule
Recommendation Recommendation Work Session
George Baxter
Mike Geile
Dale Hall
Bar'. Kirkmeyer
Glenn Vaad
M:\W PFILES\W SRW KRD63.WPD
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pc: Public Works
October 17, 2000
Weld County Government
915 10 Street
Greeley, CO 80631
Dear Mr. Morrison
Steve and Rhonda Armknecht do not want road 63 opened up. It was proposed to them
that they deed 60 feet on the east and north side of their property to the county to put the
road in and leave 63 closed. This would leave the road right next to where the access
road is right now. This is the ideal way to go so that the bus can pick up the Klein
children at their driveway. If we have to open up road 63 Klein's will have to either walk
to 63 or to 74.
Armknecht's and William's driveways are off of road 74 so they do not have to drive on
the access road that the rest of us do. Moore's do not want to get in the middle of
anything. They want to stay out of the whole situation.
We are sorry that Armknecht's didn't check into the easements on their property before
they built their house. We did check into easements and right of ways so we knew when
we bought that if need be we could open up road 63 for the school bus. Our children's
safety is more important than dust from cars getting into someone's house.
If you have any questions please call Susan at work during the day 352-8161 or in the
evenings at 656-3736.
Thanks
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S e er 23, 2000
Weld County Government
915 10 Street
Greeley, CO 80631
Dear Mr. Morrison
We, the undersigned, are petitioning to open up WCR 63 north of WCR 74 to WCR 78.
In order for the school bus to drive on WCR 63 it has to be opened up. Right now the
children either have to catch the bus on WCR 74 or WCR 78. It is a mile walk for some
of them. We feel this is too long of a walk when it is raining or snowing. Once all the
houses are built and families move in there will be approximately 11 children on this
road.
Also, the access road to the east of WCR 63 that everyone is currently driving on to get to
WCR 63 has a speed bump that is at least 12 inches high. It keeps getting higher so
sooner or later someone is going to get high centered or rip out the bottom of their
vehicle. It also has a trench on one side which makes it quite hazardous to drive over.
There are also several dips in the access road.
If at all possible we would like to get WCR 63 opened up immediately before the bad
weather sets in. If you have any questions you can contact Susan Peterson Glaring the day
at work 352-8161 or in the evenings at 656-3736.
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