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Home My WebLink About941301 AR242 Sets 3 RESOLUTION RE: APPROVE PETITION TO VACATE PORTION OF RIGHT-OF-WAY -CAROLYN S. RAINS AND GARY GENE TODD 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, Carolyn S. Rains and Gary Gene Todd have presented the Board with a petition requesting the vacation of a strip of land in exchange for an equal-sized parcel on the opposite side of the right-of-way, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, said road is described as Weld County Road 48 running west between Section 4 and Section 9, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at a hearing held on the 21st day of December, 1994, said petitioners were represented by Jacqueline Johnson, Attorney, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Public Works staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the portion of Weld County Road 48 herein described be, and hereby is, vacated. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of December, A.D., 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: O WELD COUNTY, COLORADO Weld County Cler�C to f()Ed/44 oar� �1. /` / /� i ' �✓ ,t H. Webster, ma0n BY: 7 ep ty Cler o the..l3-oard _� Dale x Hall, Pro-Tem APP D AS TO F R7�1` /fir..� �. '/ - z, /GGeorge naxter -rt.- County to ney Contance L. Harbert / Aarbara J. Kirkmeyer C 941301 EG0002 2421243 8-1473 P-1069 01/03/95 03:50P PG 1 OF 1 REC DOC Weld County CO Clerk & Recorder 0.00 e�, ='c��i . 9 ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS DATE: WELD COUNTY, COLORADO P.O. BOX 758 GREELEY, COLORADO 80632 FROM: CAROLYN S. RAINS AND GARY GENE TODD, PETITIONERS We, the undersigned citizens and real property owners in Weld County, Colorado, hereby petition that a portion of the road right of way described herein be declared abandoned and vacated by Weld County. The road is described as Weld County Road 48 running west between Section 4 and Section 9, Township 4 North, Range 65 West of the 6th P.M. The right of way which Petitioners are requesting be vacated is that part of the 30 foot easement or right of way located on the south side of Weld County Road 48 as described above and adjacent to Lot A of Recorded Exemption No. 1055-9-1-RE 1650 upon which improvements encroach, being approximately three hundred forty-eight feet (348' ) in length and approximately five feet (5' ) in width. As support for this petition, Petitioners state: 1 . That Weld County Road 48 between Weld County Roads 41 and 43 was declared a public highway by the Board of County Commissioners on or about June 10, 1920; 2 . That the house, which encroaches upon the right of way has existed almost since the time that the right of way for the road was donated to Weld County. 3 . That other improvements and certain oil and gas facilities also encroach upon the right of way; 4 . That the road is not maintained presently, nor has it ever been maintained by Weld County, and it has never been used by the public; 5 . That the vacation of said portion of the right of way shall not leave any land adjoining said roadway without an established public road . 6 . That Robert E. Backus, the owner of the property north of the above described portion of Weld County Road 48, has agreed to grant to Weld County a five foot (5' ) easement for a right of way sufficient to permit the County to construct a road if it should desire to do so in the future. A copy of said agreement is attached hereto and incorporated herein by reference. 7 . That Petitioners agree to pay any and all costs of publication by Weld County attributable to the vacation of said right of way. 941-''1 As Witness, our signatures are hereunto annexed together with a description of our land this 1411" day of December, 1994 . SIGNA ,a , a ac a 43 a < <. &O6 3/ Zo 4 / �c9!4 5-- PROPERTY Part of the North One-Half of the Northeast Quarter (N1/2NE1/4) of Section 9, Township 4 North, Range 65 West of the 6th P.M. , containing 2 . 005 acres more or less, said property being the subject of Recorded Exemption Application No. RE- 1650, Known as 22991 Weld County Road 43, LaSalle, Colorado 80645 . 2 941331 WAIVER OF NOTICE BY PUBLICATION The undersigned, being all of the landowners adjacent to that portion of Weld County Road 48 which is the subject of the Road Petition attached hereto, hereby acknowledge that we have received notice of the hearing on said petition and waive any right to notice thereof by publication. Robert E. Backus Gary ne Todd 25X2=4"). Carolyn..Rains 91211 • • ii, EMINIIlliiiiiiSkiiii‘asserdsil ! - - ' ' © aidn Mhopm am ri a 9 wit la-121 Fr Prigia..... .„.„.1.=A: = Ia. 1 Mr'gra gun • ! IMI453 simator , __-talaw, : 0 ??,„ ,, .44 ,4 a;":187 •filor sic rArierejkl' Pitt =uG +�= /, ill 0, isiiiisti � �,11� � y 1 1. •-•4t'fr'l.":"gatilESIOURIPPrikelb, 4 t ,,,,,47,s, 'Fs .: ..._, ..._r. Anms.ampnit _........ Iditlits ws II,‘. , IIII .: at- o� P 0 r I _ i • .„ ,• • i::� 4 !iNIIUIF , . 2 .r i I 1 1 .: _, ill , : ]. , , " . f : ! !! - 1611111. _ ihfr - gra . till . _ --� - - - - ; . 4 , 11 - - - I - __1 . I as I sr `eta -I M I I. !r n .f.';': iz r fi'TMilrf,fh*4O' ^ �1 e. u d r.� . if m ° .• `F -.-78. T"y� .e ,:-,.- _ ,t h i mfmORAn Dunn To Lee Morrison, County Attorney's Officsate ecember 19, 1994 COI RADO From George Cicoff, Public Works Director Subject: Road Petition With regard to the road petition submitted by Carolyn S. Rains and Gary Gene Todd, be advised that we have reviewed the site and find that the abandonment and vacation of the proposed strip of land in exchange for an equal size parcel on the opposite site of the right-of-way would pose no significant problems to the construction of any future roadway. The right-of-way adjacent to the portion of the strip of land to be abandoned and vacated contains other utilities which would pose a more significant obstacle to the construction of any future roadway than the shifting of the right-of-way. There is an irrigation holding pond,pumps, and other related appurtenances situated within the right-of-way. In the negotiation of the fmal terms of the petition, it would benefit the County to have the effected property owners recognize that the future removal and relocation of the holding pond, pumps, and related appurtenances will be removed and relocated at the expense of the property owners. It could not be ascertained at the time of the site visit which property owner effected by the proposed petition was owner of the holding pond, pumps, and related appurtenances. The department recommends approval of the petition subject to the resolution of the issue regarding the holding pond,pumps, and related appurtenances used for irrigation and drainage. GC/mw:mrains.mrw cc: Commissioner Kirkmeyer WCR's 43, 48 941301 TO: LEE MORRISON FROM: JACKIE JOBNSON5 RE: ROAD PETITION DATE: DECEMBER 12, 1994 Attached are drafts of the Road Petition and the Agreement from the neighbor to the north promising to grant an easement for a right of way. Could you please review these and advise me if modifications are required. The purchasers of the Rains property have a loan commitment extension only until December 27, 1994 . Since the only adjacent property owners are Backus and Rains/Todd, is it possible for the Commissioners to act prior to publication so that the closing can occur? Thanks for your cooperation. Hello