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Home My WebLink About990162.tiff RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF WELD COUNTY RIGHT-OF-WAY SOUTH OF WELD COUNTY ROAD 90 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 Elton and Patricia Moskalski, and Mary Baiamonte, a copy of which is attached hereto and included by reference, requesting vacation of a portion of Weld County Road 25 south of Weld County Road 90, being fully described as follows: The west thirty (30) feet of the NW 1/4 of Section 30, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the County Attorney's Office and Public Works Department have recommended approval of said request since that portion of Weld County Road 25 is not needed for the safety and welfare of the traveling public, and WHEREAS, the adjoining landowners waived formal ten day written notice of the meeting and were given verbal notice by the Clerk to the Board of a public hearing set for January 27, 1999, to consider the vacation of that portion of Weld County Road 25 which is described above, and WHEREAS, the Petitioners have agreed to dedicate or otherwise convey, in a form acceptable to the Board, a 60-foot right-of-way along the fence line evidencing the occupancy line contained in the records of these proceedings, 30-feet on either side of the fence line, and to provide any necessary surveys or legal descriptions to describe the right-of-way so conveyed to replace the vacated right-of-way, and WHEREAS, any persons owning dedicated and recorded easements and rights-of-way for the use of the right-of-way to be vacated may continue such use after formal vacation by Weld County, and WHEREAS, the Board of County Commissioners 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 Road 25 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 Road 25, with said vacation to become effective upon recording as required below. 11111111111111111111111111111IIII111111III11111SIB (�l . E6 e/q /27o64a/4k,, 990162 2671499 02/04/1999 02:21P Weld County CO 13a l(trnonf2 EG0038 1 of 2 R 0.00 D 0.00 JR Suki Tsukamoto RE: VACATION OF A PORTION OF RIGHT OF WAY SOUTH OF WCR 90 PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from Elton and Patricia Moskalski, and Mary Baiamonte, be, and hereby is, accepted. 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 the Clerk to the Board be, and hereby is, directed to record this Resolution in the records of the Weld County Clerk and Recorder when, and only when, the dedication or conveyance with accompanying survey and plat has been presented to and accepted by the Board of Weld County Commissioners. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D., 1999. BOARD OF COUNTY COMMISSIONERS • � Y, CO ATTEST: ALA! .r ' --'Dale K. Hall, Chairman Weld County Clerk to th Lt t„ ,EXCUSED �p cp (^Y ;�, ,�, Barba a J. Kirkmeyer, Pro-Tern �2er G � S . BY: UilI Deputy Clerk to the Boa _ Geor E. xter C/APP;11S:OD AS TO FORM: 2277 M. J. Geile oun Attorney Genn � 11111111111 111111 11111 111111 lll1 III111 III 11111 lIII I'll 2671499 02/04/1999 02:21P Weld County CO 2 of 2 R 0.00 D 0.00 JR Suit! Tsukamoto 990162 EG0038 ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS DATE:#/12_ 5 WELD COUNTY, COLORADO P.O. BOX 758 GREELEY, COLORADO 80632 FROM: (Petitioners): Elton A.Moskalski and Patricia B. Moskalski Mary Baiamonte C`l 70) 85q-a7o6 We, the undersigned citizens and real property owners of Weld County, Colorado, hereby petition that the road right of way described herein for the extension of WCR 25 south of WCR 90 be declared abandoned and vacated by Weld County and waive the ten day notice of hearing on this matter provided at least 48 hour verbal notice is given. This right of way is described as the west thirty (30) feet of the NW ''A of§ 30, T. 8 N., R 66 W of the 6th PM Weld County , Colorado. The properties and owners of said properties adjoining said right of way are as follows:- 1. (None other tan petitioners, supporting documents attached) 2. ?.G��rl [- >274t4444/1-4: / .riartoat 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;and that Petitioners agree that they will permit any persons owning dedicated and recorded easements 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 any and all costs of publication of Weld County attributable to the vacation of right of way. Special Provisions: Petitioners Elton A.Moskalski, Patricia B. Moskalski and Mary Baiamonte agree to dedicate or otherwise convey, in a form acceptable to the Board, a 60' right of way along the fence line evidencing the occupancy line as shown on the attached map, 30' on either 990162 fence line, and to provide any necessary surveys or legal descriptions to describe the right of way so conveyed. As witness, our signatures hereunto annexed and followed by a description of our land this day of J4� . SIGNATURES ADDRESS PROPERTY SEC TP RANGE CCS1 � ' - . 1269 49th Avenue Court NW %< & 30;T8N, R66 W j Greeley, CO 80634 j // 1269 49th Avenue Court NW '/a § 30,T8N,R66 W //zWiee a t, /,. rdez , 't Greeley, CO 80634 NE ''A of& 25, T8N. R67W 2f, ,u4), ,?tali e n's M:\W PFI L E S\P W ORKS\V ACATRDF2.LDM 9907 t, a • EL TON A. MOSKALSKI PATRICIA B. MOSKALSKI 1269 49TH AVENUE COURT NuV ` 0 1998 GREELEY, CO 80634 LD COUNTY c/70 - 35 .2- s f1 !."i„JRNEY'S OFFICE November��` 1998 Lee Morrison Assistant County Attorney Centennial Building 915 10th Street Greeley, Colorado 80631 Dear Mr. Morrison: We are writing to ask you to conduct an informal review of our request that a portion of County right of way adjacent to our property be vacated. We own property in the Northwest 1/4 of Section 30, Township 8 North, Range 66 West of the 6 PM in Weld County. We are advised that the County owns a right of way for road purposes along the west 30 feet of our property. Mary Biamonte owns property in the Northeast 1 /4 of Section 25, Township 8 North, Range 67 West of the 6 PM in Weld County adjacent to our property on the west. All that separates the two properties is the 30 foot County right of way on our property. As I showed you on an aerial photograph, for many years the owners of our property have occupied and farmed approximately 16.89 acres to the west of the County right of way. There is a fence line that divides that which has been occupied by the Biamontes and that which has been occupied by us and our predecessors in title. I have enclosed a rough sketch map to show that which I am attempting to describe above. We would like to acquire the 16.89 acre parcel from Mrs. Biamonte and in fact have entered into a contract with her to do so. The contract is contingent upon obtaining an order from the County vacating the right of way so that the 16 acre parcel can be added to the land we already own. If the right of way is vacated we will obtain a deed from Mrs. Biamonte and then deed the 16 acre parcel to ourselves together with the property we already own Lee Morrison Assistant County Attorney November.:24/, 1998 Page 2 to combine the two under one deed. Then, according to my understanding of the information I received from you, there would not be an unlawful land split. Mrs. Biamonte understands that the parcel that she would have remaining would not be sufficient in size to allow her to obtain a building permit for a dwelling on it. She does, however, own considerable adjoining land and could change boundary lines to rectify the situation if that ever became important to her. I would appreciate it if you would have this matter reviewed by the appropriate departments in the County and then advise me what we need to do next to obtain an order of the Board of County Commissioners vacating the easement. You may contact our attorney, John Houtchens, if you wish. Sincerely, mod-4/_Z/A/ .9��fIif PATRICIA B. MOSKALSKI 1 Sid/CeliaPBM/bes — Enclosure JGN }1. /06..56<fl/ I Jy� 12/23/98 07:38 FAX 970 352 2868 WELD PUBLIC WORK ¢3001 Road File k 88 . —�� RE: 2/89 igitig Other Case No. • APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Datc: 3 -C.-qr E. � 933 North 11th Avenue,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 En: (970)352-2868 • I_ Applicant Name 6Lo•ri 4. 4. Mitk&P2er E.. -Gi.,,cc_ Phone 470 4/I'- 96sq :Address_2:O7'S 4DtttEL. De.o.irs City Pr-Co(('.,r6 State Co Zip &367 2. Address or location of access - • Section 3t3 Township 6 Range toG' • Subdivision_ /l/A _Block _Lot Weld County Road 4 88 Side of Road i/er!sd ' Distance from nearest intersection ISOo'_ SP.r'2S 3. Is there an existing cress to the property? Yes No,__g____ 11 of accesses 4. . Proposed Use: - - 0 Permanent 19 Residential/Agricultural ❑ Industrial . ❑ Temporary 0 Subdivision 0 Commercial ❑ Other _ - 5. Site Sketch lityLegend for Access Description: AGR - AgriculturalLi. • RES = Residential O&G= Oil&Gas • • DR = Ditch Road • O = House al ❑ = Shed or Outbuilding 2 -xi r7 Lere L-r l� Si 43 K 6 ( U fl4 F Lo+A 3 . 29 \I . Wee Be, m "ail II '11; ill Z Et -�8�a OFFICE USE ONLY: i Road • BB ADT_ 7 Date 1 44"1 ' Accidents ' Date - Road 2S - ADT I y Date ,a n 7 Accidents Date•Drainage Requirement Culvert ' /1t a Size_ Length . Special Conditions_ Post-it'Fax Note 7671 oatenzix•gc{oepask / ,b ke6 Ai From /dart C. coJoept. °A. Op 60 Rt Installation authorized O phone; Phone N iteviewt..Li I: Fax* Fax* ri 70! ... . • Intermill Land Surveying -Registered in Cabled°&Wyoming- 1301 N. Cleveland Ave. Loveland, Colorado 80537 (970) 669-0516 ► t t., , Fax (970) 635-9775 - Nov. 10, 1998 Baiamonte-Sec. 25-8-67 PROPERTY DESCRIPTION: A parcel of land situate in the Northeast Quarter of Section 25, Township 8 North, Range 67 West of the 6th P.M., County of Weld. State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 25 as bearing South 02°09'28" West and with all bearings contained herein relative thereto: Beginning at the Northeast corner of the Northeast Quarter of said Section 25; thence along the East line of said Northeast Quarter South 02°09'28" West 2669.99 feet, more or less, to the Southeast corner of said Northeast Quarter, thence departing said East line and along the South line of said Northeast Quarter North 89°07'37" West 182.11 feet, more or less, to a point on an existing north-south fence line; thence along said existing fence line the following five (5) courses and distances: North 02°19'28" West 571.55 feet; North 01°29'03" West 300.76 feet; North 02°03'41" West 555.86 feet; North 05°23'26" West 93.60 feet; North 0199'17" West 1146.60 feet, more or less, to a point on the North line of said Northeast Quarter; thence along said North line South 89°50'54" East 382.16 feet, more or less, to the Northeast corner of the Northeast Quarter of said Section 25 and the TRUE POINT OF BEGINNING. Said above described parcel contains 17.30 acres, more or less, and is subject to all existing easements and/or rights of way of record. EG0038 990162 CONTAINS SEVERAL PLATS - SEE FILE Hello