The URL can be used to link to this page

Browse Search

Home My WebLink About991197.tiff RESOLUTION C9 2W? RE: ACCEPT PETITION AND AUTHORIZE VACATION OF THE MEANDERING EXTENSION OF CASLER AVENUE FROM ITS INTERSECTIONS WITH BROWNFIELD STREET - MARTY MATHEWS 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 Marty Mathews, a copy of which is attached hereto and included by reference, requesting vacation of the meandering extension of Casler Avenue from its intersection with Brownfield Street (not constructed) to its intersection with Lamb Avenue at Brownfield Street (not constructed). The subject roadway is identified on the attached plat as an "encroaching existing traveled road (Gravel)", being full,/ described as follows: The public road right-of-way lying within the W1/2 of Section 27, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colo-ado. WHEREAS, the Public Works Department recommends approval of said request since that portion of right-of-way is not needed for the safety and welfare of the traveling public, and WHEREAS, by notice dated June 21, 1999, and mailed on June 22, 1999, the adjoining landowners were notified by the Clerk to the Board of a public hearing set for July 7, 1999, to consider the vacation, in accordance with the requirements of Section 43-2-303(2)(b), C.R.S., of that portion of right-of-way which is described above, and WHEREAS, the Board of County Commissioners convened a public hearing on July 7, 1999, and heard testimony 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 right- of-way which is described above will not leave any land adjoining the roadway without an established public road or private access easement connecting the land with another established public road, and WHEREAS, the Board of County Commissioners deems it advisable to vacate said portion of Weld County right-of-way, with said vacation to become effective upon recording as required below, and WHEREAS, the Board deems it advisable to retain a utility easement in the east-west portion of Casler Avenue being vacated until staff determines whether or not the easement is necessary, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from Marty Mathews, be, and hereby is, accepted. ES. ma-d-tws I 2709025 � NI 1111111 III 111/26/1999 09:57A Weld County 1111111111 0 991197 1 of 2 R 0.00 D 0.00 JA Suki Taukamoto RE: VACATION OF A PORTION OF CASLER AVENUE - MARTY MATHEWS PAGE 2 BE IT FURTHER RESOLVED by the Board that the portion of Weld County right-of-way which is described above be, and hereby is, vacated. BE IT FURTHER RESOLVED by the Board that a utility easement be retained in the east-west portion of Casler Avenue being vacated until staff determines whether or not the easement is necessary. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to record this Resolution in the records of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of July, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LD COUNTY CO ORADO ATTEST: Lw t ' -S`, Da . Hall, Chairman/ ei •Weld County Clerk to the •ar- P 7 1861 arbara J. Kirkmey-r, Pro-Teif BY: r,� Deputy Clerk to the B fl EXCUSED led �� George E. ter APPROVED AS TC) FORM: f p i J. eile D9Lrrity Attorney Glenn Vaad I III Il11111 It 1111111 III 1111111111111 991197 2709025 07/26/1900 09:57A Wald County CO EG0038 2 of 2 R 0.00 D 0.00 JA Sukt Tsukamoto 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: July 7, 1999 TIME: 9:00 a.m. APPLICANT: Marty Mathews 15075 Higgins Avenue Fort Lupton, Colorado 80621 REQUEST: Petition to Vacate the meandering extension of Casler Avenue from its intersection with Brownfield Street (not constructed) to its intersection with Lamb Avenue at Brownfield Street (not constructed). The subject roadway is identified on the attached plat as an "encroaching existing traveled road (Gravel)". LEGAL DESCRIPTION: The public road right-of-way lying within the W'/z of Section 27, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 21, 1999 991197 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, certified mail, postage prepaid, addressed to the following property owners. DATED this 22nd day of June, 1999. MARTY MATHEWS 15075 HIGGINS AVENUE FORT LUPTON CO 80621 OTIS, COAN, AND STEWART, LLC ATTN: BRENT COAN 1812 56TH AVENUE GREELEY CO 80634 SKCK SETTLEMENT CORPORATION 35 SUNSET DRIVE ENGLEWOOD CO 80110 Deputy Clerk to the Board OTIS, COAN & STEWART,'Lc ATTORNEYS AT LAW DENVER METRO Fred L.Otis West Greeley Law Center (303)659.7576 G.Brent Coan 1812 56TM AVENUE Michael D.Stewart GREELEY,COLORADO 80634 FAN (970)330-6700 (970)330-2969 E-MAIL OCS300@aol.com File No.B13-107-101 TRANSMITTAL TO: Lee Morrison RE: Marty K. Mathews/Subdivision and Land Use TRANSMITTED NO. COPIES DESCRIPTION 1 Road Petition REMARKS: OTIS, COAN & STEWART, LLC By: G. Brent Coan Date: May 6, 1999 E:\wpito\coversiank.gbempd May 6.1999 ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS ) DATE: 05-06-99 WELD COUNTY, COLORADO ) P.O. BOX 758 ) GREELEY, COLORADO 80632 ) FROM: (Petitioners) Name IPFaDPERTYI IP. RANGE Marty Mathews Wl, Sec. 27, T2N, R66W (see plat) 4 -E -- i , 4 , 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 Casler Avenue (describe crossroads) Lamb Avenue be declared abandoned and vacated by Weld County. This right of way is described as: the meandering extension of Casler Avenue from its intersection with Brownfield Street. (not constructed) to its intersection with Lamb Avenue at Brownfield Street (not constructed) . The of the 6th PM Weld County , Colorado. subject roadway is identified on the attached plat as an "encroaching existing traveled road (Gravel) ." The properties and owners of said properties adjoining said right of way are as :Follows`: 1. Marty Mathews SKCK Settlement Corporation9.4 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 are'-: None As support for this petition, Petitioners state that the right of way has not 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. 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': This roadway is maintained by Weld County and used by the public. This roadway may or may not have been acquired by prescription. If the roadway was acquired by the public through prescription and accepted for maintenance by Weld County, perhaps this was done in lieu of construction of Brownfield Street, which makes Brownfield Street an appropriate street to vacate. As witness, cur signatures hereunto annexed and followed by our address this_ 7,2 day of tit;A4 1 , x'9 5'. SIGNATURES ADDRESS '11 �� i 15075 Higgins Avenue, Et. Linton, CO 80621 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 J'/1 before me this ..174- day of � L /79g . WITNESS my hand and official seal. ro.� JEAN Notary Palle' n expires: //,,0,_/ _s octiP .... •..• OP y 8 OF COL M:\WPFILESTWORKS\VACATRDF.LDM I 0 I 0 I- 0 0 J I -J I zl Q - - - - — — CC N I I � W N U 0 Z in © ill Q o J CN 0:1 O v 1p ,_ a �� 1331 S O,�/ o 16% 4, III �l�Mpey8 °s sus Lcz L — — — — — —itiO 06•ZS=i O =coo J 00'0BL—ei o z cn W . . . • . . - M,00.00.00S • } z ~ v . .w . w l\ 04? Ii •_ \ 1--`---.__ j .S lyC Q q a� vco ` '� w IX o o t--- ..°. X i` NO\_ 0 O `_..............0'1/42'' Q W • O ID \vn m w \ b a r .1/4S-‘ ��3 Z Q 2i d �� u�re � o .� (( o z d IY U 6J �O� �s�• /I k a0 Et 443 I \ .00.00.00N dd� 06'06£l d I c � _ _ Z5£LZl - - 4c avOZi AINf100 a1:3M - ,OO,OO.OON Hello