Loading...
HomeMy WebLinkAbout951644.tiff11112 451,8134 5 1 913 4 RESOLUTION RE: APPROVE MINOR RESUBDIVISION, S #384, TO VACATE PORTION OF FOX AVENUE IN EVANS ADDITION - SCOTT, BAKER, AND SIZEMORE 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 of County Commissioners held a public hearing on the 9th day of August, 1995, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Marilynn M. Scott, 13355 Lafayette Way, Thornton, Colorado 80241; Lewis L. and Mildred Baker, 505 Johnson Street, Frederick, Colorado 80530; and Silas and Sherry Sizemore, 450 Dunmire Street, Frederick, Colorado 80530, for a Minor Resubdivision to vacate the portion of Fox Avenue between Dunmire Avenue and Johnson Avenue, excluding the alley right-of-way in Evans Addition on the following described real estate, to -wit: Lots 71 through 74 and Lots 171 through 173, Block F, and Lots 67 and 68 and Lots 167 and 168, Block I, Evans Addition, Weld County, Colorado WHEREAS, Lewis Baker, applicant, was present, and WHEREAS, Sections 8.2.1 through 8.2.4 and Section 8.2.6 of the Weld County Subdivision Ordinance provides standards for review of said Minor Resubdivision, 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 Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 8.2.5 of the Weld County Subdivision Ordinance. 2. The right-of-way has not been used for its intended purpose since the recording of the approved plat. 3. Seventy (70) percent of the landowners adjacent to the proposed right-of-way vacation have waived any objection to the vacation by signing a petition. 4. The vacation would be compatible with the surrounding area and uses, be consistent with efficient and orderly development, is consistent with the Weld County Comprehensive Plan, and would not deprive any parcel of adequate access to a public road or street right-of-way. 951644 PL/fit {cc) 2451804 B-1507 P-305 08/18/95 01:49P PG 1 OF 2 REC DOC Weld County CO Clerk & Recorder 0.00 MINOR RESUBDIVISION, S #384 - SCOTT, BAKER, AND SIZEMORE PAGE 2 _, 91 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Marilynn M. Scott, Lewis and Mildred Baker, and Silas and Shirley Sizemore for a Minor Resubdivision, S #384, to vacate the above described portion of Fox Avenue in Evans Addition, on the hereinabove described parcel of land be, and hereby is, granted subject to the following condition: 1. The applicant shall be responsible for paying the recording fees of the Minor Resubdivision plat. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 1995. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLRA Clerk to the Board Deputy Clero the Board AP'' ! -D AS TO FOR Daley. Hall, Chairman RIV_AtL( aarbaya J. Kirkmeypf, Pro-Te P , £ C/.10-4.4- ;eyrge'E. Baxter Constance L. Harbert %, /1/ /7, r / W. H. Webster 2451804 B-1507 P-305 08/18/95 01:49P PG 2 OF 2 951644 PL0073 COLORADO v C1 -'r DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 August 3, 1995 Board of County Commissioners Centennial Center Complex 915 10th Street Greeley, CO 80631 Subject: Minor Resubdivision 384 Dear Commissioners: The attached application and submitted materials are concerning a request made by Marilyn M. Scott, Lewis & Mildred Baker, and Silos & Shirley Sizemore. The request is to vacate the portion of Fox Avenue between Dunmire Avenue and Johnson Avenue, excluding the alley right- of-way, in Evans Addition. The properties located adjacent to the proposed vacated right-of- way are Lots 71-74 & Lots 171-173 Block F and Lots 67-68 & Lots 167-168 Block I. Based upon the submitted application materials and other relevant information regarding this request, the Department of Planning Service's staff recommends conditional approval of this request. This determination was based on the following: -The submitted materials are in compliance with Section 8.2.5 of the Weld County Subdivision Ordinance. -The right-of-way has not been used for its intended purpose since the recording of the approved plat. -Seventy (70) percent of the landowners adjacent to the proposed right-of-way vacation have waived any objection to the vacation by signing a petition. -The vacation would be compatible with the surrounding area and uses, be consistent with efficient and orderly development, is consistent with the Weld County celt44 Minor Resubdivision S-384 Scott/Baker/Sizemore Page 2 Comprehensive Plan, and would not deprive any parcel of adequate access to a public road or street right-of-way. Condition of Approval: The applicant shall be responsible for paying the recording fees of the Minor Resubdivision plat. Sincerely, 7 Todd A. Hodges Current Planner 951644 COLORADO inta lig mEmoaAnuum Todd Hodges, Current Planner To Don Carroll, Project Coordinator From Subject: August 3, 1995 Dote O/C S-384, Marilyn Scott, Lewis and Mildred Baker I have reviewed the application and have the following comments: The Weld County Public Works Department has no conflict with vacating a portion of Fox Avenue located between Dunmar Street and Johnson Street, a portion of Evans Addition. This street was previously plotted, but never developed. The alley section within the vacation should remain open for public use, and should not be fenced or barricaded to deny access. cc: Commissioner Webster S-384 file m:\s384.de D COUNTY PLANNING AUG 41995 °'' ECElur 951644 ( McCLURE ABEYTA SUB. 211 •- 207 U- 205 - F- 203,6 201,03 210 206 204 ill 202 -its o WILLIAMS ;t) 555 427 423 U- 4;9 U -I 409 53 3 HEDGES 50 A347S_ 329 321 301' 35 KOCH 32 239® 235 U- 2 203 IN 10 e4 541 417 i AVE. X550 ■ 536 .630 512 -0 504 B4 71 AVE. 450 se Al 420 ADPZE5 Vet) tut Wrr_� 1Aovr~- I n11644 NOTICE GF PUSIJC NAMPA The Weld County Board 'of County Commissioners will -bold a public hearing on Monday, July 24, 1985, at 9:00 a.m., for the purpose of considering a Minor Resubdivulon for the proper- ty described below. Approval of the request may create a vested property right pur- suant to Colorado Lew APPLICANT: Julia Cook, Laura and Loretta Loglren, Porfirio and Guadalupe Garza, and Judith Ewegen LEGAL DESCRIPTION: Lots 1-8, Block 36 and Lots 25-27, Block 46/Lot 1, Block 36 and Lots 24 and 25. Block 48, Barnesville, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Vacation of a portion of Russel Avenue and Sanford Street. LOCATION: North of and adjacent to Weld County Road 382; south of and adja- cent to State Highway 382 right-of-way. The public hearing will be 1, held in the Weld Countyi Commissioners' Hearing'. Room, First Floor, Weld County Centennial Center, -915 Tenth Street, Greeley, Colorado. Comments or `objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631. before the above date or presented at the public hearing on July 24. 1995. Copies of the application are available for public inspec- tion in the Department of Palming Services, 1400 N. 17th Avenue, Greeley. Colorado 80631. Please call Sharyn Ruff, at Phone M (303) 353-6100,1 Ext. 3540, or Fax a (303) 352-6312, prior to the day of the hearing so that reason- able accommodations can be made 8, in accordance with the Americana with Disabilities Act, you require special accommodations in order to participate hi this hearing as a result of a dis- ability.' Richard Kimmel, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) time by July 6, 1995. Published In the WfnaMr Deeeen en a ti nab. teat n r`nl IMTV pl hktknnirl AUG 31995 AFFIDAVIT OF PUBLICATION STATE OF COLORADO 55 COUNTY OF WELD I, ROGER A. LIPKER, of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexe is a true copy, has been published in said weekly for successive weeks, that the notice was publis ed in the regular and entire issue of every number et the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing the date of the c1 !/c day of A.D., 19 L and the last publication fearing the date of the _day of A.D., 19_ and that the said -WINDSOR BEACON has been published continuously and uninterruptedly for ins t.=riod of 5 consecutive weeks, in said County and State, priicr to the date of first publication of said notice a.4 the lame is a newspaper within the meaning of an Act is regulate printing of legal notices and advertisements, approved May 18, 1931, and ail prior acts so far as in force. c,7\ 6 � J✓ LSHER Subscribed and sworn to before me this /0 `h day of 'c VAX/ , 19.2C 9°i., (c ez/LC¢ ( ✓ /tea,„,0 NOTARY PUBLIC My commission expires 951644 ,McCLURE CL URE Re MN Eat La e:: IMP • REFERRAL LIST NAME: Marilyn Scott, Lewis and.Mildred Baker, and Silos and Shirley Sizemore CASE NUMBER: S-384 REFERRALS SENT: July 18, 1995 REFERRALS TO BE RECEIVED BY: July 28, 1995 COUNTY TOWNS and CITIES _ Attorney X Health Department Extension Service _ Emergency. Management Office Sheriffs Office X Public Works _ Housing Authority _ Airport Authority Building Inspection STATE _ Division of Water Resources _ Geological Survey _ Department of Health _ Department of Transportation _ Historical Society _ Water Conservation Board _ Oil and Gas Conservation Commission Division of Wildlife FIRE DISTRICTS Ault F-1 Berthoud F-2 _ Briggsdale F-24 _ Brighton F-3 Eaton F-4 Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 La Salle F-9 X Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _ Platte Valley F-14 _ Poudre Valley F-15 _ Raymer F-2 _ Southeast Weld F-16 _ Windsor/Severance F-17 _ Wiggins F-18 Western Hills F-20 OTHER Central Colo. Water Conservancy Dist. Panhandle Eastern Pipe Line Co. X Tri-Area Planning Commission Ault _ Brighton Broomfield Dacono Eaton Erie Evans Firestone _ Fort Lupton Frederick _ Garden City Gilcrest _ Greeley Grover Hudson Johnstown _ Keenesburg _ Kersey La Salle Lochbuie _ Longmont Mead Milliken _ New Raymer _ Northglenn Nunn Pierce Platteville Severance Thornton Windsor COUNTIES Adams Boulder Larimer FEDERAL GOVERNMENT AGENCIES US Army Corps of Engineers _ USDA -APHIS Veterinary Service _ Federal Aviation Administration Federal Communication Commission SOIL CONSERVATION DISTRICTS Brighton Fort Collins _ Greeley _ Longmont West Adams COMMISSION/BOARD MEMBER 951644 DATE: July 18, 1995 TO WHOM IT MAY CONCERN: DEPARTMENT OF PLANNING SERVICES PI-IONE (970) 353-6100, EXT 3540 FAX (970) 352-6312 m"'WEJ `D COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE f Jut Z ® gas./ GREELEY, COLORADO 80631 HEAL ospj. CASE NUMBER: S-384 Enclosed is an application from Marilyn Scott, Lewis and Mildred Baker, and Silos and Shirley Sizemore for a for a Minor Resubdivision for a vacation of a portion of Fox Avenue. The parcel of land is described as Lots 71-74 / Lots 171-173, Block F and Lots 67 and 68 / Lots 167 and 168, Block I, Evans Addition , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is between Lot 71, Block Rand Lot 68, Block I, and between Lot 171, Block F and Lot 168, Block I. The application is submitted to your for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application. Please reply by July 28, 1995, so that we may give full consideration to your recommendation. Please call Todd A. Hodges, Current Planner, if you have any questions. Check the appropriate boxes below and return to our address listed above. I. We have reviewed this request and find that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interest of our town for the following reasons. 3. tZ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to 5. Please refer to the enclosed letter. Signed:it5tuctEI1 Date: gizil45- Agency: (1).. C 1UL24ih4 x''11951644 MINOR RESUBDIVISION APPLICATION ADDRESS 13 5 5 5 NAME OFAPPLICANTI/J&i$ 1, //%4 P RAO /3AItt C PHONE 84,...73-) 97? ADDRESS 6.79S 014/Y$BN 54 'dal/5'740k VACATION OF ROADS, STREETS, AND ALLEYS Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone: 353-6100, Ext. 3540 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. C� - 307 APPLICATION FEE 700 a= ZONING DISTRICT RECEIPT NO. «//`J DATE APPLICATION CHECKED BY pif TO BE COMPLETED BY THE APPLICANT: (Print or type only, except for required signatures): I (we) the undersigned hereby request the Department of Planning Services to review a minor resubdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION (include all lots adjacent to the right-of-way proposed for vacation): (If additional space is required, attach an addiional sheet). NAME OF SUBDIVISION OR UNINCORPORATED COMMUNITY EVA N S 14 A&. I o,J NUMBER OF LOTS ADJACENT TO THE RIGHT-OF-WAY PROPOSED FOR VACATION NAME OF APPLICANT MAR‘1/41 M SC ott PHONE 303- 452-q 771 L4-Ayri.-rlt bJ4y rketzF.1 toll eo %aZ41 NAME OF APPLICANT Sl.JL SZC�1 J � �r'c4 LII C PHONE g,�� - �Qf 7 ADDRESS 450 dflfYllre&c- ' . vancitoYI I hereby depose and state under the penalties of perjury that all statements proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) ) ss. STATE OF COLORADO ) Subscribed and sworn to before this My My Commission Expires 9/28/97 ,19 675 ure: Owner or Authorize: Agent day of /6 � t'7 NOTARY PUBLIC REVISED: May 10, 1995 951644 Dear Sirs, I am writing this letter to let you know why it is important to us to own this land We are trying to have a garage built. So in order for us to have it built without having our pipes rerouted we need this property. The garage will also raise property value. When they put our house here we were told they should have never gotten a permit for this spot because it is too close to the easement. so if we were to own this we would be much better off. I hope you can help us out . Thank you Silas and Sherry Sizemore Our address is 450 dunmire we own lots 167 and 168 951644 P. O. Qox 43 Fneienich, Co. 80530 A1ahi /9, /995 To: Weld Coun.tg Camci.4.oion Men: Sham (a un We pwtcha oed .the paopeafig next .to ,the land de si.r na ted a4 Fox Ave. in /95/. 9t WU4 not main.tcu'ned in ang: way, and un4 Pied d wait weeds iecauee of tfte /iae hapwtd .the nei.ghboiza uaed to get .9- g.etheit and bwtn weeia. About 20 tsemta ago we pwidw4ed a £'zactoa, and wince .tfzaf time have maintained -.th(a p4opovis by ouizaeLvea. Th.iv area La conlidened in the good plain, and we would Line iv acc cute thi.a pwperttr, to mahe 4wte .ii .i i pwpenly maintaind, bath A„t ?Lae pneventi.on and good contnoL Fax .ice only one bLoch with houae4 on both end4 o1f the ".ao called" 4tneei. and hai NCUfi? been u4ed a4 a wad, and we can 4ee no pwyx»e in leaving, .i..f a4 .i... Thank You )V;, )A.L J2 (-1( FLA/ di 951644 MINOR RESUBDIVISION AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property (b( Avg g viols APot -iir THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate 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) within five hundred feet of the property under consideration. This list was compiled from 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. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. The foregoing instrument was subscribed and sworn to before me this ,j2/ day of 1/412911 -•.? WITNESS my hand and official seal. My Commission Expires: 9/e2,/ ci 7 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) My Commission Noires 9/28/cf/ ( Notary Public 951644 NAMES OF OWNERS OF PROPERTY ADJACENT TO THE ROAD, STREET, OR ALLEY CONSIDERED FOR VACATION Please print or type NAME P1Ia r (�t �✓l. Y.4 Let.);-, P,lo1«e1 # .tea' e ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION NUMBER CI -7/ 74 1=ft-et p'"' c;•7' -e fe ?.ZPen.to/ sD >r pJMiv >�, -ol � IE--]-1-Ih� �J ir<1Si..vu� — Ar.Vt7te-1 -Fhc1cr Cam- 1�i4,,U�a`Si-% j ,> III ^ .>;_ > r t< d ' o.. - C.CTG e, Ala"- %t� .3'��D i i 3 �-' x 1 Si ?> :✓>J9P. 951644 PETITION TO VACATE PETITION TO VACATE fax A vj Name of road, street, or alley BETWEEN t6/9/1/(04/ C i%uA//il/4F574. *,570 nigh( 5b R Sit AND AJ 5 V c/x/t`%/ft4-55/, Address location Address location Do not sign this petition unless you are the "owner" of real property adjacent to the road, street, or alley proposed for vacation. An owner is a person holding fee title to real property. You are an "owner if you hold a contract to purchase real property -which obligates you to pay general taxes on that property. In that instance, the seller may not sign this petition. We, the undersigned owners of property adjacent to not object to this vacation. teA' Pv proposed for vacation do Do not sign Mr. and Mrs., sign individually. Do not sign unless you have read all of the petition. Signature STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Mailing Address Telephone Date of 1 33SS GAS�y ttta_ Number Signing 'WO Q NwPi Co 20 i \ 3Q3 - 451- 4 774 Eo'toil W k Nffr sCji lu caw c EUA111$ ADtr67/ Di 45O Owinnttre Sb °t (ilrykouA0 34- AFFIDAVIT OF CIRCULA 6f{ 2 I, being first duly sworn, depose andsaythat my address is .e.,614 Z /4 -that I have circulated the Petition, that each signature hereon was affi n my presence, and that each signature hereon is a signature of the person that is purports to be, and that to the best of my knowledge and belief, each person signing the petition was, at the time of signing, an "owner" of real property adjacent to the proposed right-of-way vacation. ,1 Signature of Circulator iv, s h r /(rir f N Printed Name SUBSCRIBED AND SWORN to before me this .3 U day of WITNESS my hand and official seal. My Commission Expires 9/28/97 L7) ) c Notary Public f 19 9 S� l , icy/ai REVISED: May 10,1995 951644 EV ADEH NS U 1 t r &-fucsi-A-ol-cek /-7 9 951644 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number S-384 for Marilyn Scott, Milderd and Lewis Baker, and Silas and Sherry Sizemore in the United States Mail, postage prepaid First Class MaiI by letter as addressed on the attached list. this 19th day of July, 1995. Marilyn Scott P.O. Box 43 Frederick, CO 80530 Lewis and Milderd Baker 505 Jonston Street Frederick, CO 80530 Silos and Sherry Sizemore 450 Dunmire Street Frederick, CO 80530 Winslow and Andrea Taylor One University Circle Longmont, CO 80501 endi Inloes 951644 WI�Yc. ?sty:z COLORADO DATE: July 18, 1995 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 TO: ADJACENT PROPERTY OWNERS CASE NUMBER: S-384 There will be a Public Hearing before the Weld County Board of County Commissioners Wednesday, August 9, 1995, at 9:00 a.m., in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Marilyn Scott, Lewis and Mildred Baker, and Silos and Shirley Sizemore FOR: For a Minor Resubdivision for a Vacation of a portion of Fox Avenue LEGAL DESCRIPTION: Lots 71-74 / Lots 171-173, Block F and Lots 67 and 68 / Lots 167 and 168, Block I, Evans Addition LOCATION: Between Lot 71, Block F and Lot 68, Block I, and between Lot 171, Block F and Lot 168, Block I Your property is adjacent to the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Todd A. Hodges, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 951644 IIMc COLORADO July 17, 1995 Marilyn Scott Lewis and Mildred Baker Silos and Shirley Sizemore DEPARTMENT OF PLANNING SERVICES PHONE. (970) 353-6100, EXT 3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: S-384 - Request for a Minor Rcsubdivision for the vacation of a portion of Fox Avenue between Lot 71, Block F and Lot 68, Block I and between Lot 171, Block F and Lot 168 Block I, Evans Addition , Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed at the present time. I have scheduled a meeting with the Weld County Board of County Commissioners for August 9, 1995, at 9:00 a.m., This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the County Commissioners may have. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Board of County Commissioners. This recommendation will be available twenty-four (24) hours before thescheduledhearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the County Commissioners hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, �f Todd A. Hodges Current Planner 951644 Hello