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Home My WebLink About940820 Aiteituast.s RESOLUTION RE: APPROVE VACATING A PORTION OF WELD COUNTY ROAD 8 WEST OF WELD COUNTY ROAD 19 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, on August 29, 1994, the Board of County Commissioners received a Road Petition from Helen E. Johnson, William T. Matlock, Martin Investments, Inc. , and Roy N. Enter to vacate the road right-of-way for Weld County Road 8 along the section line between the NEt of Section 21 and the SEt of Section 16, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, that portion of the section line right-of-way for Weld County Road 8 that has been requested to be vacated has not been used, if ever, since 1896 because of the construction of North Star Reservoir; since the reservoir was constructed, the road follows a semi-circular path around the south end of the reservoir and substantial portions of the right-of-way proposed to be vacated are inundated by the reservoir, and WHEREAS, the petitioners, with the exception of Roy Enter, who owns the water rights for the reservoir, are the owners of the properties adjacent to that portion of Weld County Road 8 section line right-of-way to be vacated, and WHEREAS, notice has been given, pursuant to Section 43-2-303(2) (b) , CRS, to landowners adjacent to the roadway owning one acre or more, and WHEREAS, the vacation of Weld County Road 8 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, pursuant to Section 43-2-303(2) (a) , CRS. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the road right-of-way described as the South 30.00 feet of the West 1614.47 feet of the East 1644.47 feet of Section 16, Township 1 North, Range 67 West and the North 30.00 feet of the West 1614.47 feet of the East 1644.47 feet of Section 21, Township 1 North, Range 67 West of the 6th P.M. . Weld County, Colorado, containing 2.22 acres, more or less, be, and hereby is, vacated. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board of County Commissioners be, and hereby is, directed to record this Resolution in the Records of the Weld County Clerk and Recorder. et U') PLj C )J(hnsan;Haf leeks Mar ftin)&2}er 940820 E00002 2408865 2-1461 P-361 09/29/94 03:57P PG 1 OF 2 REC DOC Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00 RE: VACATING PORTIONS OF WCR 8 WEST OF WCR 19 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the foil/wing/vote on the 19th day of September, A.D. , 1994. C BOARD OF COUNTY COMMISSIONERS �/Y iU t WELD COUNTY, COLORADO ATTEST: le %� J Weld County Clerk to the Board // ti /,1 / /O4 H.C l W. HH. Webster, Ch irman Deputy Clark; t Board Dal K. a 1, Piro-Tem APPROVE TO FAH* �y f . L Geo�,gl� E. Baxter ounty Atto ne Co Lance L. Harbert arbara J. Kir eyer 940820 2408865 B-1461 P-361 09/29/94 03:57P PG 2 OF 2 o F ,61'17),i- a \1 ii ❑ FII . ,I C N YO U, R F WELD COUNTY ROAD 19 ❑ u❑❑ °n .....— ac ALI HMS 01 7 - TO YOSEMITE ST. 03 ❑E F E-, a mn Z F F ❑n j i ❑ ❑ (--- Cr 4, 0 Hf .,--- E H LI D—, O M U C7 W tl F, 6 U] w a e- i H • H W 0 zn a , o w o [ti I U z ca a u; w C 0 FI 940820 cow in o F /\ C /I EQ F 6 m❑ W Y 3 N ",- E-, H WELD COUNTY ROAD 19 ❑ ZS Mill 3JX,LS 01 n TO YOSEMITE ST. Li ❑ (=)w I ❑ r F a H mo C W ❑C J O ❑ J W r H M C-T- Z O os W r p C \..l a ti O NN U g d x C7 C z❑ x FO C z_ H q G.,4 Czl O F- 940820 `to ❑ 7 il tzl CD 6 6 L. Q F z G xi LI o i 6 rA u O� X z 6 E-, WELD COUNTY R0AD 19 J H _ H Li 0 Z5 AMH aiviS 01 7 - TO YOSEMITE ST. J en-J I F❑ F F 6 m0 \Z E \ (---,--- Cr u cep Cl — z H .T. Z r_, HI CJ X O o w O 7c. 0.' o zn x a O F � % c a cn w 0 L . -IP 940n20 m ❑ r w r c F ts z - Vc o II7. E. I CI E- a .conC z Q F WELD COUNTY ROAD 19 - °nun 2S ail HMS 01 0 TO YOSEMITE ST. J F 6 \/ m,M, F D —ailliiiiiiiiirri EH ----------- ❑ U) <71 Qa ° 4#-= ❑ M H zGG W W E—a o a O w o Cr a x U z x W o F U z a Co w Co r 0 H L I_ 940820 LDcou :TY ROAD PETITION r..,,.., _ • , 29 Al 9: t=.2 TO: BOARD OF COUNTY COMMISSIONERS CLER< WELD COUNTY, COLORADO TO 7:17_ P. O. BOX 758 GREELEY, COLORADO 80632 FROM: (Petitioners): Helen E. Johnson Martin Investments, Inc. (Peggy L. Martin) William T. Matlock Roy Enter We, the undersigned citizens and real property owners in Weld County, Colorado, hereby petition that the road described herein be declared abandoned and vacated by Weld County, if it has not already been abandoned. The road is more fully described on the map attached hereto, titled Exhibit For Proposed Right of Way Vacation. Part of Weld County Road 8. The road easement to be vacated is Weld County Road #8 on the section line between the Northeast 1/4 of Section 21 and the Southeast 1/4 of Section 16, Township 1 North, Range 67 West of the 6th P.M. The portion to be vacated has not been used and is not foreseen to be used because of the construction and adjudication of North Star Reservoir across the section line in 1896. Since the reservoir was constructed, Weld County Road 8 follows a semi-circular path around the south end of the reservoir. More specifically, the portion of the road to be vacated runs from the intersection of WCR 8 and WCR 19, where the actual alignment of WCR 8 leaves the section line, Westerly to where the actual alignment of WCR 8 again meets and runs on the section line. As support by this petition, Petitioners state that the portion of the road to be vacated is not maintained by Weld County, that the road is not used by the public and to our knowledge has not been used by the public since construction of North Star Reservoir, that vacation of road shall not interfere with current use of Weld County Road 8, and that 9^ec"7 Petitioners agree they will permit any persons, if any, owning dedicated and recorded easements and rights-of-way for the use of the vacated portion of road to continue such use after formal vacation by Weld County. Further, Petitioners agree to pay any and all costs of publication, if any, attributable to the vacation of the road. As witness, our signatures hereunto annexed and followed by a description of our land this day of August, 1994. �'}��.�{y \ ( y{ ^ ^ y l Owner of a parcel in: ce - �Q,\ \J'I� I� y Helen E. Johnson NE 1/4, Sec 21, TIN, R67W 10978 109th Pl. No lenn, CO 80233 P . Martin SE 1/4, Sec 16, TIN, R67W Martin Investments, Inc. 3037 WCR 19 Ft. Lupton, CO 80621 William T. Matlock SE 1/4, Sec 16, TIN, R67W 8601 WCR 8 B ' hton, C 806 Water rights only for use on Roy . Enter SW 1/4, Sec 15, TIN, R67W 1004 S. Zeno Way Aurora, CO 80017 9/10820 In response to the Petition regarding to the abandonment of the portion of WCR 8 west of the intersection of WCR 19. The Department responds as follows. 1. The County is currently preparing a request for Energy Grant funds to upgrade the condition of WCR 19 between WCR 6 and SH 52. This area contains the greatest concentration of oil/gas production facilities in the County. It can reasonably be expected that the request for funds to upgrade this 3.5 miles will be approved. The request for the vacation of the right-of-way of WCR 8 may negatively affect the realignment of this intersection to meet current County standards. 2. WCR 8 provides a direct link to I-25 interchange. With the improvement of WCR 19, it is reasonable to assume that at some future date WCR 8 may be required to handle a greater volume of traffic. 3. Considering the potential needs of the County with regards to road improvements for the intersection in question, it is not impractical to consider that the right-of-way that passes through the North Star Reservoir could be utilized for construction of a road way. This could be accomplished either by a bridge or the construction of an embankment to support the road way with appropriate size culverts to allow the passage of water between sections of the severed reservoir. By utilizing the existing rights-of-way for future development of both WCR 8 and WCR 19, the most desirable alignment can be achieved. 4. The Department has developed other preliminary alternatives for the construction of WCR 8. These alternatives are shown on the attached exhibits. If realignment of WCR 8 is required, it appears that the relocation alternative shown on Exhibit 3 would be the most desirable. The realignment alternative which passes to the south of North Star Reservoir conflicts with existing residential and agricultural uses. Both realignment alternatives will force the County to deal with wetlands issues because of the presence of the existing lakes, ponds and drainage ditches. Any relocation of the roads from their present location or along the section line where the County currently owns right-of-way will create substantial project costs due to the increased length of the road way. The concentrated development near this intersection that has occurred over the years will complicate any attempt to realign the road. The Department has not evaluated the cost associated with any of these alternative proposals. We raise these issues because of the poor configuration of the alignment of the existing road way, the inevitable improvements to WCR 19 and the potential for the County to use the present right-of-way to minimize project costs. 9408.20 Page 2 The Department would request that consideration of this matter be postponed until such time that a meeting with all interested parties including other property owners affected by the potential realignment of the roads in an attempt to resolve this situation. The Department does place a value on the right-of-way. As a minimum, we would ask that in consideration for the vacation of the right-of-way, that a right-of-way of equal square footage be granted by the benefitting parties. This exchange must provide the County with a suitable alternative route for the future construction of WCR 8 and 19. :petition.fc 9108?O / / ©ti . %/e : eA« , t ter `9//q/qy 9 zu9 ROAD AND BRIDGE/ENGINEERING RESPONSE RECOMMENDED ACTION: Narrative: See attached for response. Method of Response: Board Action Worksession Letter (Attac hed) Telephone Call No Response S ff S ure 9409'0 RESOLUTION RE: SETTING TIME AND PLACE FOR HEARING ON RESOLUTION TO VACATE CERTAIN PORTIONS OF WELD COUNTY ROAD 8 AND REFER TO PUBLIC WORKS FOR RECOMMENDATION 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, on August 29, 1994, the Board of County Commissioners received a Road Petition from Helen E. Johnson, William T. Matlock, Martin Investments, Inc. , and Roy N. Enter to vacate the road right-of-way for Weld County Road 8 along the section line between the NE} of Section 21 and the SE} of Section 16, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, on September 7, 1994, at a regular meeting, the Board deemed it advisable to set a hearing on the 19th day of September, 1994, at or about 9:00 a.m. , in the First Floor Hearing Room of the Weld County Centennial Center at 915 10th Street, Greeley, Colorado, to hear the evidence upon said petition, and WHEREAS, the Board also deemed it advisable to refer said petition to the Public Works Department for a recommendation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Public Hearing to hear the evidence upon a Road Petition from Helen E. Johnson, William T. Matlock, Martin Investments, Inc. , and Roy N. Enter to vacate the road right-of-way for Weld County Road 8 along the section line between the NE; of Section 21 and the SE; of Section 16, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, be, and hereby is, set on September 19, 1994, at or about 9:00 a.m. , at the abovementioned location. BE IT FURTHER RESOLVED by the Board that said petition be, and hereby is, referred to the Public Works Department for a recommendation. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of September, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST:Ladyteen WELD COUNTY, COLORADO Weld County Clerk to the Board PA W. H. Webster, Ct irm BY44,4 .L.44-44,-e Deputy lerk to the jr— J . H r e APP S TO FORM: /GeosgpeE. Baxter ounty Atto ey Con tance L. Harbert Bare lL �r��4� Barbara J. Kirkme er 940819 C.-71. 7)/ 7. Z �c : Peci; -4; F/ct 940820 NOTICE Pursuant to Section 43-2-303, CRS, as amended, notice is hereby given that a hearing will be held before the Board of County Commissioners of Weld County, Colorado, on the 19th day of September, 1994, at or about 9:00 a.m. , in the First Floor Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at which time the Board will consider a resolution to vacate certain portions of Weld County Road 8 on the property described below. All interested persons should appear at said hearing and give testimony as to whether or not portions of said road should be vacated. PETITIONERS: Helen E. Johnson Peggy L. Martin 10978 109th Place Martin Investments, Inc. Northglenn, Colorado 80233 3037 Weld County Road 19 Fort Lupton, Colorado 80621 William T. Matlock Roy N. Enter 8601 Weld County Road 8 1004 South Zeno Way Brighton, Colorado 80601 Aurora, Colorado 80017 LEGAL DESCRIPTION: Section line between the NE* of Section 21 and the SE* of Section 16, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, more particularly described as the South 30.00 feet of the West 1614.47 feet of the East 1644.47 feet of Section 16, Township 1 North, Range 67 West and the North 30.00 feet of the West 1614.47 feet of the East 1644.47 feet of Section 21, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER, DEPUTY DATED: September 7, 1994 940820 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing concerning the vacation of certain portions of Weld County Road 8 was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 7 f4- day of e , 1994. HELEN E. JOHNSON 10978 109TH PLACE NORTHGLENN, CO 80233 WILLIAM T. MATLOCK 8601 WELD COUNTY ROAD 8 BRIGHTON, CO 80601 PEGGY L. MARTIN MARTIN INVESTMENTS, INC. 3037 WELD COUNTY ROAD 19 FORT LUPTON, CO 80621 ROY N. ENTER 1004 SOUTH ZENO WAY AURORA, CO 80017 GREG B. AND KAREN J. MARRS 9100 WELD COUNTY ROAD 8 FORT LUPTON, CO 80621 ALVIN K. AND NANCY N. FICHTER 8706 WELD COUNTY ROAD 8 BRIGHTON, CO 80601 LAWRENCE M. GIRARD 3685 SOUTH YAMPA WAY AURORA, CO 80010 Deputy Cler4 to the Board 9.08? ) • •(f-6, mEmoRAnDum To Clerk to the Board Data September 7, 1994 COLORADO From Lee Morrison, Assistant County Attorney Subiact: Vacation of Right-of-Way - WCR 8 west of WCR 19 The petition includes the names of three surface owners and a water-rights holder who are seeking vacation of the original right-of-way for Weld County Road 8, which has been unused since at least 1896 because of the existence of a reservoir. The petitioners appear to include those landowners owning acreage of more than one acre adjacent to the roadway. For reference, Helen Johnson's Parcel I.D. Number is 146921000048, William T. Matlock's Parcel I.D. Number is 146921000056, Martin Investments' Parcel I.D. Number is 146916000069, and Roy Enter holds a water right in the reservoir. Those four parties should be mailed notice. There are three additional parties who probably are not considered adjacent to the roadway proposed to be vacated; but, because of their locations which place them across existing County roads from the right-of- way to be vacated, it could be argued to be "adjacent". I would recommend giving them notice although, in my opinion, they are not legally required to be given notice. Those parties are Greg B. and Karen J. Marrs, 9100 WCR 8, Fort Lupton, CO 80621, Parcel #146921000026; Alvin K. and Nancy N. Fichter, 8706 WCR 8, Brighton, CO 80601, Parcel #146921000018; and Lawrence M. Girard, 3685 South Yampa Way, Aurora, CO 80010, Parcel. #146915000074. These parties should be given notice by first class mail at least ten days prior to consideration of resolution to vacate the County roadway. skm '. §43-2-208 TRANSPORTATION residents of the state of Colorado, and in all°cases preference shall be granted to residents of the county wherein the contract is being,performed. • - [See main volume for text of(2)) - a; Amended by Laws 1991, H.B.91-1198, § 156, eff. July I, 1991. a § 43-2-216. Warrants sale, duration, interest When the board of county comnussioners'of such county has determined and approved, by resolution of the board, any highway project for the construction,repair, or improvement of highways within its territorial limits,either by the county itself or with the department of transportation of the state of Colorado and with or without federal aid so as to determine the cost thereof or the share of such colt to such county to be approved by such county,it by I resolution authorize the issuance of anticipation warrants in such amount as necessary ; to raise funds sufficient to defray costs of the same,'said-warrants thereupon to be delivered F to the county treasurer and by him offered for public sale at not less'than par. The t aggregate of such warrants outstanding shall not exceed ten percent of the valuation:for i. assessment of all property of said county'as'of the date of issuance thereof. No warrants shall run for a period longer than ten years before retirement nor bear a rate of interest in excess:of four percent. ' ' - .... .., ..-+ . • . Amended by Laws 1991,H.B.91-1198,"§ 157,eft July 1:199L s' o PART 3 ti ti VACATION PROCEEDINGS: ROADS, STREETS, AND HIGHWAYS o] § 43-2-302. Vesting of title upon vacation q: of P3 ' Library References . A. Colorado Methods of Practice,Rev.3d Ed.,Vol:2 (1991), I{rendl, §,1542. § § 432-303. Methods of vacation f„ to [See main volume for text of(1)1 hi. (2)(a) No platted or deeded roadway or part thereof or unplatted or undefined roadway di which exists by right of usage shall be vacated so as to leave any land adjoining said roadway fr, without an established public road or private-access easement connecting said land with foi another established public road. (b) If any roadway has been established as a county road at any time, such roadway shall n not be,vacated by any method other than a.resolution approved by the board of county § commissioners of the county. No later than ten days prior to any county commissioner meeting at which a resolution to vacate a county roadway is to be presented, the county . commissioners shall mail a notice by first-class mail to the last-known address of each landowner who owns one acre or more of-land adjacent to the roadway. Such notice shall indicate the time and place of the county commissioner meeting and shall indicate that a aPl resolution to vacate the county roadway will be presented at the meeting. ser (c) If any roadway has been established as a municipal street at any time, such street shall ' Air not be vacated by any method other than an ordinance approved by the governing body of the municipality. • (d) If any roadway has been established as a state highway, such roadway shall not be vacated or abandoned by any method other than a resolution approved by the transportation commission pursuant to section 43-1-106(11). (e) Paragraphs (b), (c), and (d) of this subsection (2) shall not apply to any roadway that §has been established but has not been used as a roadway after such establishment l (f) If any roadway is vacated or abandoned/the documents vacating or abandoning.such Cob � the: , roadway',shall be recorded ipursuant to the,requirements;of section 4?-172p2.7. r -r: • der, ;J., .� ,` (4)I : [See main volume for text of(8) ¢nd r r Pori* Amended'by-Laws 1993,E H.B.93-1252;..§ 2,'eft.April30;1993. .y ' rt,.L :; .-r,,.; ( Arne 142 k 940E?O Hello