HomeMy WebLinkAbout992874.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING VACATION OF A PORTION OF WELD
COUNTY RIGHT-OF-WAY FOR WELD COUNTY ROAD 84
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 Roy and Janet
Dyer, 25975 Highway 14, Ault, Colorado 80610, along with the Dillard Family, LLC, do
Herschel and Marjorie Dillard, 24806 Pleasant Hill Avenue, Galeton, Colorado 80622, a copy of
which is attached hereto and included by reference, requesting vacation of a portion of Weld
County Road 84, being more fully described as follows:
The public road right-of-way lying 30 feet on either
side of the section line between the E1/2 of
Sections 5 and 8, Township 7 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, the County Attorney's Office and Public Works Department have reviewed
said request and expressed concern that vacating the right-of-way may eliminate access to
surrounding properties, and
WHEREAS, the adjoining landowners were mailed ten days notice by the Clerk to the
Board of a public hearing set for December 6, 1999, to consider the vacation of that portion of
Weld County Road 84 which is described above, 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 84 which is described above will leave 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 deny the request
to vacate said portion of Weld County Road 84.
E/'lT' D R. 992874
• EG0002
RE: VACATION OF A PORTION OF WCR 84
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Road Petition from Roy and Janet Dyer, and the Dillard
Family, LLC, c/o Herschel and Marjorie Dillard, be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of December, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: w�
�� W a s Da . Hall, Chairman
Weld County Clerk to th o. v`,
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BY. S , 7 ij ( 'i4 ag►��� '•arbara . Kirkmeyer, P -Tem
Deputy Clerk to the �"il � re
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APPROVED AS TO FORM:
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992874
EO0002
From: LEE MORRISON
To: FHEMPEN@NORTHDOMAIN.NORTHPOST,
Date: 11/18/99 2:59pm
Subject: vacation of wcr 84 between 51 and 53 -Reply
I don't know if the Greens access using 84. It appears that they could use wcr 53 row . Is there
a trail for that. What does it look like on the ground?. one way to deal with this is to give
notice to Green and if they do not object no issue. according to the phone book--Green is at
454 3640 39301 wcr eaton 80635
>>> FRANK HEMPEN 11/18/99 11:00am >>>
we have reviewed the referenced petition and have one concern. it appears the dyers and
dillard holdings are in agreement on the vacation. it appears, from the ownership map, that
gerald and debra green (sw 1/4 of section 4) also seem to need this row as access. what do
we know about this issue?
CC: bbarker, charding
992874
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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: December 6, 1999
TIME: 9:00 a.m.
APPLICANTS:
Roy and Janet Dyer Dillard Family, LLC
25975 Highway 14 c/o Herschel and Marjorie Dillard
Ault, Colorado 80610 24806 Pleasant Hill Avenue
Galeton, Colorado 80622
REQUEST: Petition to Vacate a portion of Weld County Road 84 between Weld County
Roads 51 and 53 subject to dedicated and recorded easements and rights-of-way
LEGAL DESCRIPTION: The public road right-of-way lying 30 feet on either side of the section
line between the E1/2 of Sections 5 and 8, Township 7 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 22, 1999
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, first class mail, postage prepaid, addressed to
the following property owners.
DATED this 23rd day of November, 1999.
ROY AND JANET DYER
25975 HIGHWAY 14
AULT CO 80610
DILLARD FAMILY, LLC
C/O HERSCHEL AND MARJORIE
DILLARD
24806 PLEASANT HILL AVENUE
GALETON CO 80622
GERALD GREEN
39301 WELD COUNTY ROAD 49
EATON CO 80615
Deputy Clerk to the Board
EXHIBIT INVENTORY CONTROL SHEET
Case: VACATION OF WCR 84- ROY AND JANET DYER/DILLARD FAMILY, LLC
Exhibit Submitted By Exhibit Description
A. Gerald Green Letter (E-mail) of opposition
B. County Attorney Assessor's Aerial map of requested
vacation
C. County Attorney Assessor's Aerial map of Gerald Green's
property
D. Gerald Green Three photos of Mr. Dyers property
E.
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
From: <JJERGREEN@aol.com>
To: <charding@co.weld.co.us>
Date: 12/1/99 5:28pm
Subject: Public Hearing
Section 43-2-303, C.R.S. December 6, 1999 Time: 9:00a.m.
APPLICANTS: Roy and Janet Dyer, and Dillard Family, LLC
December 1, 1999
I'm Gerald G. Green and I'm responding to the notice I received about an
order to vacate a recorded easement and rights-of-way. I own Property that
the only access to the property is by this recorded easement and
rights-of-way. If this easement is vacated, the only way I can access my
property is by trespassing on private ground. I'm opposed to this request,
and hope you will not grant this request.
Thank-you: Gerald G. Green
CC: <JJERGREEN@aol.com>
(I EXHIBIT
A
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992874
EG0002
EXHIBITS B AND C ARE PLATS
SEE FILE FOR ORIGINALS
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