HomeMy WebLinkAbout930843.tiff #82356117 RESOLUTION
RE: APPROVE VACATING PORTION OF WELD COUNTY ROAD 64 (NORTH 30' OF EINE! S36,
T6N, R67W)
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 July 29, 1993, the Board of County Commissioners received a
written request from Daniel T. Turner, Janet D. Turner, and Sally A. Parsons to
vacate the road right-of-way being 30 feet on either side of the section line
between the E''-,SE* of Section 25 and the EINE! of Section 36, all in Township 6
North, Range 67 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, the road right-of-way being 30 feet on either side of said section
line appears to have been created by and through the Board of County
Commissioners Resolution of 1889 which is recorded in the office of the Weld
County Clerk and Recorder at Book 86, Page 273, or by Road Viewers Report
accepted by the Board of County Commissioners, and
WHEREAS, although said road right-of-way was established in the late 1800's
or early 1900's, no road way has ever been physically established thereon, and
WHEREAS, the Turners are the owners of the WE! of Section 25, Township
6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, by deed recorded
at Book 933, Reception No. 1854849 in the office of the Weld County Clerk and
Recorder, and
WHEREAS, Ms. Parsons is the owner of the NE! of Section 36, Township 6
North, Range 67 West of the 6th P.M. , Weld County, Colorado, by Warranty Deed
recorded at Book 1385, Reception No. 2335274 in the office of the Weld County
Clerk and Recorder, and
WHEREAS, pursuant to Section 43-2-303(2) (b) , CRS, the Turners and Ms.
Parsons, being the only land owners adjacent to said road right-of-way, were
notified by letter being hand delivered to their attorney, Glen Droegemueller,
on August 20, 1993, of the hearing at which time the Board of County
Commissioners would consider the requested vacation being Wednesday, August 25,
1993, and
WHEREAS, by letter dated August 24, 1993, Mr. Droegemueller waived the
ten-day notice requirement set forth in Section 43-2-303(2) (b) , CRS, on behalf
of his clients, the Turners and Ms. Parsons, and
WHEREAS, considering the request for vacation and all of the evidence
presented in the premises, the Board of County Commissioners believes that it is
in the best interests of the citizens of the County of Weld, State of Colorado,
that said portion of road right-of-way be vacated.
B 1407 EEC 02356117 ].0/21/93 16 :05 $0 .00 1/002
F 1876 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
930843
EG0002
VACATE ROAD RIGHT-OF-WAY - EjSE} S25, & EINE* S36, T6N, R67W
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the road right-of-way owned and controlled by Weld County,
Colorado, being 30 feet on either side of the section line between the EISE* of
Section 25 and the EINE* of Section 36, all in Township 6 North, Range 67 West
of the 6th P.M. , Weld County, Colorado, be, and hereby is, vacated, with the
exception that the Board reserves rights-of-way or easements along said right-of-
way for the continued use of existing sewer, gas, water, or similar pipelines and
appurtenances, for ditches and canals and appurtenances, and for electric,
telephone, and similar lines and appurtenances.
BE IT FURTHER RESOLVED that the Clerk to the Board of County Commissioners
be, and hereby is, directed to see that this Resolution is recorded at the office
of the Weld County Clerk and Recorder after the appropriate signatures are placed
hereon.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 25th day of August, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: 41/14117 WE COUNTY, COLORADO
Weld Co, ` y Glerk to the Board
,g Constance L. Harbert, Chairman
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,Be L� 4 the Board W. H. ebster, P���
APPROVE£At4rJey '
orge tited
Baxt Dale K. Hall
Barbara J. Kirkme er
B 1407 REC 02356117 10/21/93 16 :05 $0 .00 2/002
F 1877 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
930843
TO: BOARD OF COUNTY COMMISSIONERS Date: July 26, 1993
Weld County, Colorado
P.O. Box 758 ;,i ^: 5]
Greeley, Colorado 83632
FROM: (Petitioners) : I
Daniel T. and Janet D. Turner Sally A. Parsons
11820 Weld County Road 64'/ 4020 14th Street
Greeley, CO 80634 Greeley, CO 80634
We, the undersigned, citizens and real property owners of Weld
County, Colorado, hereby petition that an undeveloped right of way
for county roads which is 30 feet wide on each side of the common
section line between Sections 25 and 36 as those sections are
located in Township 6 North, Range 67 West of the sixth principal
meridian be declared abandoned and vacated by Weld County.
In support of the Petition, the Petitioners state as follows:
1. Based upon information known to the Petitioners, no
county road or public or private utilities have been placed within
the reserved right of way on the section line which is the common
section line for Sections 25 and 36. The property is used for
pasture purposes and for the growing of crops.
2 . Based upon information known to the Petitioners, it is
not anticipated that any future public use would be made of the
right of way.
3 . There is an existing two-lane road approximately one-half
mile to the north of the section lines and rights of way in
question which serves east-west traffic identified as Weld County
Road 641.
4. There is also an existing east-west road located
approximately one-half mile south from the common section line and
right of way which is identified as Weld County Road 62 .
5. Immediately to the east of the common right of way for
Sections 25 and 36 is Weld County Road 25 which serves traffic in
a north-south direction. Immediately to the west of the common
section line of Sections 25 and 36 is Weld County Road 23 which
services north-south traffic to the west of the property until the
road reaches the Cache La Poudre River.
6. Because of the existence of Weld County Road 641 and Weld
County Road 62, it is the Petitioners' position that it is unlikely
that additional east-west road development will be necessary in the
area.
7 . It is the Petitioners' belief that the common section
line between Sections 25 and 36 is located in or near the flood
cC ; E& CA9 43094-,3
plain for the Cache La Poudre River which is an additional factor
that makes the development of the existing county right of way for
any purpose unlikely.
8. The Petitioners further believe that development of the
common right of way between Sections 25 and 36 is unlikely because
there is a slough on the western boundary of the right of way which
would make the placement of utilities within that right of way
highly unlikely.
9. Without the abandonment and vacation of the right of way,
Petitioners Turner will not be able to amend the boundaries for
Lot B of Recorded Exemption No. 0805-30-3-RE1089 (approved by Weld
County in July of 1988) to convey a small portion of property the
Turners own in Section 25 to Parsons. The conveyance to Parsons is
necessary in order to avoid having to alter an existing fence which
has divided irrigated crop land in Section 36 from pasture land in
Section 25. Parsons, in exchange for the conveyance of property
lying south of the fence in Section 25, would in return convey a
small portion of property owned in Section 36 which is north of the
fence to the Turners. Upon completion of those transfers, both
parties would then own properties in Sections 25 and 36 which were
separated by the historical fence that has existed on the
properties. The effect of the Amendment to the Recorded Exemption
would not increase the likelihood that the County would face
additional requests for building sites or further amendment to the
recorded exemption in the future.
In order to illustrate the consequences of the proposed
abandonment of the right of way and amendment of the recorded
exemption, Petitioners have included two exhibits for review by the
Board of County Commissioners. Exhibit 1 illustrates the general
location of Sections 25 and 36 and the county roads which surround
them. Exhibit 2 illustrates the existing fence line and the
proposed properties that would be exchanged by the Petitioners
after the amendment of the recorded exemption.
IN WITNESS WHEREOF, the Petitioners have signed this
Petition on the date indicated next to their signatures for
submission to the Board of County Commissioners of Weld County,
Colorado.
DANIEL T. TURN R Mate)
JAN D. TU ER ( te)
SALLY A. uPARSONS (Date)
2
930843
• tti
ta° 41.11
OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 EXT.4391
P.O. BOX 1948
GREELEY,COLORADO 80632 •
C.
COLORADO August 20, 1993
HAND DELIVERY
Glen Droegemueller
330 Affiliated Plaza.
Greeley, CO 80631
RE : Notice of Hearing for Vacation of Road Right-of-Way
Dear Mr. Droegemueller:
It is my understanding that you represent Daniel T. Turner, Janet
D. Turner, and Sally A. Parsons in an application for a Recorded
Exemption.
Enclosed is a copy of your letter dated July 26 , 1993 wherein you
request the vacation of the road right-of-way on the section line
between Sections 25 and 26, Township 6 North, Range 67 West of the
6th P.M. , Weld County, Colorado. After telephone discussions, we
have determined that your clients are only interested in seeking
the vacation of the road right-of-way in the East half of the
Southeast quarter of Section 25 and the East half of the Northeast
quarter of Section 36 . Weld County does not maintain a roadway
along that section line at the present time, nor has the County
ever done so in the past. Our research has shown that there is no
recorded right-of-way along the East half of the Northeast quarter
of Section 25 . Section 36 is a "school section" , and consequently,
there is a road right-of-way along the North 30 feet of the East
half of the Northeast quarter of that section.
Pursuant to the provisions of Section 43-2-303 (2 ) (b) C.R. S . , this
letter is tendered to you as notice of a hearing for the vacation
of the subject roadway. The hearing will take place on Wednesday,
August 25 , 1993 , at 9 : 00 a.m. in the first floor meeting room of
the Weld County Centennial Center Complex, 915 Tenth Street,
Greeley, Colorado. The statute requires the Vacation to be done by
Resolution after hearing upon the matter with ten days written
notice to those land owners who own land adjacent to the roadway
proposed to be vacated. In this case, the Turner' s own all of the
East half of the Southeast quarter of Section 25 . Ms . Parson' s
owns all of the East half, Northeast quarter of Section 36 .
930843
Glen Droegemueller
August 20, 1993
Page 2
Therefore, the only landowners who are required to receive Notice
of this hearing are the Turners and Ms . Parsons , and we have agreed
that they may waive the ten day notice requirement in writing.
It is my understanding that you will provide to me, in writing, a
waiver of the ten day notice requirement signed by the Turners and
Ms . Parsons . I must receive this letter no later than 9 : 00 a.m. on
Wednesday, August 25, 1993 .
If you should have any questions regarding this letter or regarding
the procedure for Vacation of the roadway, please feel free to call
me at 356-4000 , extension 4390 .
Yours truly,
i
Bruce T. Barke-rte
Weld County Attorney
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