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HomeMy WebLinkAbout950164.tiffAR2y2d3ijb RESOLUTION RE: APPROVE MINOR RESUBDIVISION - BUENO 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 meeting on the January 11, 1995, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Charles and Ramona Bueno, 11488 Weld County Road 20, Fort Lupton, Colorado 80621, for a Minor Resubdivision, S-371, to vacate that portion of Monroe Place between Lot 1, Block 16 and Lot 20, Block 9 of Vollmar, Weld County, Colorado, and WHEREAS, at said hearing on January 11, 1995, the Board deemed it advisable to continue this matter to February 1, 1995, then to February 6, 1995, at 9:00 a.m., and WHEREAS, at said hearing on February 6, 1995, Lorraine Cordova, niece and granddaughter of the applicants', was present to represent said applicant, and WHEREAS, Section 8.2 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. 2428306 B-1481 P-937 02/28/95 04:10P PG 1 OF 2 REC DOC Weld County CO Clerk & Recorder 0.00 950164 pt) HL) ; 6 a,ekiVA, 6axe (ex - PL /4, too MINOR RESUBDIVISION - BUENO PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Charles and Ramona Bueno for a Minor Resubdivision, S-371, on the hereinabove described parcel of land be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the 60 -foot right-of-way between Lot 1, Block 16 and Lot 20, Block 9 of Vollmar, Weld County, Colorado, including Monroe Place be, and hereby is, vacated. BE IT FURTHER RESOLVED by the Board that the County Attorney be, and hereby is, directed to execute two deeds, one for the north half of said right-of-way to Charles and Ramona Bueno, and one for the south half of said right-of-way to the current owner of the adjacent property. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of February, A.D., 1995. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ix 7d Weld County Clerk to the Board BY: 7Q �2< Va-- £c/iu Deputy Clerktpthe B9Wrfl APPRSIVED AS TO FO ountyy A nlsy Barba J. Kirkmeyer, Pp-Tem 7x -te Dale ► . Hall, Chair an George E. Baxter w4�� � ����-emu � J`> - d Constance L. Harbert W. H. Webster 2428306 B-1481 P-937 02/28/95 04:10P PG 2 OF 2 950164 PL0073 AR2426195 QUIT CLAIM DEED THIS DEED is made this K; 1-lA day of 19 between the COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD AND STATE OF COLORADO, of the first part, and HAZEL GARCIA, 11530 Weld County Road 20, Fort Lupton, Colorado 80621 of the second part. WITNESSETH, that the said party of the first part, for and in consideration of good and valuable consideration, to the said party of the first part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: The south thirty feet (30') of the road right-of-way known as Monroe Place as it sits adjacent to Lot 1, Block 16, of the Town of Vollmar, Second Filing, according to the plat recorded at Reception Number 158403, File Number 280, Envelope Number 80 in the Office of the Weld County Clerk and Recorder, with said right-of-way being one -hundred twenty-five feet (125') in length. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest aclaim whatsoever, of he first part, either in proper use, the t benefit and behoof ofthe said party ofthe second law only part, heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF COLORADO, STATE OF COLORADO ) ) ss. County of Weld The foregoing instrument was acknowledged before me this � day of 19t —.S37 —Dale K. Hall, Chairman, Board of County Commissioners of the By: Dale K. Hall, Chai an, board of County Commissioners of the County of Weld County of Weld. day of , A.D., 19 _. Wes my hand and official seal this _2_ GARCIAQC.DB Notary Public y commission expires: J" 2426195 B-1479 P-465 02/10/95 02:42P PG 1 OF 1 Weld County CO Clerk & Recorder REC DOC 0.00 9501'54 that the within instrument isa true ;iurJiir;o of the Original filed in my office€ Witness my ha d official seal this day of attiy, 19 q 6uhiend Tie o'r" Weld County, Color o By / /L //vv/yy� /7� OepuG?��- 9501S1 AR2426194 QUIT CLAIM DEED THIS DEED is made this C� t\ day of \-7- v-',zvC " , 197c, between the COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD AND STATE OF COLORADO, of the first part, and CHARLES BUENO, 11488 Weld County Road 20, Fort Lupton, Colorado 180621, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of good and valuable consideration, to the said party of the first part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: The north thirty feet (30') of the road right-of-way known as Monroe Place as it sits adjacent to Lot 20, Block 9, of the Town of Vollmar , Second Filing, according to the plat recorded at Reception Number 158403, File Number 280, Envelope Number 80 of the Weld County Clerk and Recorder, with said right-of-way being one -hundred twenty-five feet (125') in length. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF COLORADO, 7 By:%/rfi Dale K. Hall, Chairm Board of County Commissioners of the County of Weld STATE OF COLORADO ) ) ss. County of Weld ) The foregoing instrument was acknowledged before me this day of , 19 9S , by Dale K. Hall, Chairman, Board of County Commissioners of the County of Weld. •Witiress my hand and official seal this day of Notary Public MY C:'i;P,3SI0N EXP',RES My commission expires: IANIIP:RY 10. 1999 BUENOQCD.DB A.D., 19 9S 2426194 ylCO P -464 02/10/95 02:36P PG 1 OF 1 REC 00 DOC 9501M Listrament is a `ray of the Original `i cd in my officq. V e: css my hand and official seal this /0 :ty of . • rr, 19_41- L 0„ 9$01S4 istr, COLORADO Wilk mEmORAnDU To From Subject: Board of County Commissioners Date February 6, 1995 Bruce T. Barker, County Attorney Minor Resubdivision S # 371-BUENO Th I As you may recall, when this matter originally came on the agenda on January 11, 1995, Todd and I had concerns about the vacation of the plat for the Town of Vollmar and whether the lot owned by Charles Bueno had been vacated prior to its conveyance to his predecessors in title. If the plat was indeed vacated, then this minor resubdivision would be moot, because the area which the Buenos are asking to be vacated would not exist. I contacted Ms. Lorraine Cordova to request that she retain the services of a title company to do a title search on the property. Weld County Title did the work for Ms. Cordova. Attached is a copy of her title commitment which states that Lot 20, Block 9 of the Town of Vollmar, Second Filing, is vested in Charles Bueno. (Lorraine Cordova is Mr. Bueno's d trgktter. She has agreed to pay the entire costs of the title search.) Weld County Title found that only a portion of the Town of Vollmar, Second Filing, was vacated. That portion which is highlighted in yellow was not vacated. The lot which is outlined in red is the lot owned by Charles Bueno. As you can see, it is included in the area which was not vacated. The road right-of-way known as "Monroe Place," as it sits adjacent to Mr. Bueno's lot, was also not vacated. Therefore, it is available for vacation at this date. BTB/gb:boccbueno Attachment pc Todd Hodges Clerk to the Board 950164 MEMORANDUM Wi`Pe COLORADO TO: Board FROM: Clerk to the Board SUBJECT: S #371 - Bueno February 1, 1995 Minor Subdivision (S #371) for Charles Bueno was continued from January 11, 1995, to February 1, 1995, to establish a hearing date. The County Attorney and Planning staff have recommended said matter be scheduled for February 6, 1995, at 9:00 a.m., and the applicant's representative plans to be present at that time. 95016A COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 February 1, 1995 Board of County Commissioners Centennial Center Complex 915 10th Street Greeley, CO 80631 Subject: Minor Resubdivision 371 Dear Commissioners: The attached application and submitted materials are concerning a request made by Charles Bueno. The request is to vacate the portion of Monroe Place between Lot 1 Block 16 and Lot 20 Block 9 of Vollmar . The property is located north and adjacent to Monroe Place and west of and adjacent to Indiana Avenue. Based upon the submitted application materials and other relevant information regarding this request, the Department of Planning Service's staff recommends 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 Comprehensive Plan, and would not deprive any parcel of adequate access to a public road or street right-of-way. Respectfully submi Todd A. Hodges Current Planner 950164 w - '' •c• nE ap'- ri G T 3 N 0 • F W60InF .,'Its Ran. •� 1_ _ I hdARku• b rio5 Q. , an LA.-. ..•. a } _ p ., 5 • . •3 .° •p .. 4- • . • i •4L • ra T 2 r ce C TIN _) O CD R 681N e o> /h. A D n-na s� aRi- ENCHANTS HILLS E• PO 570 t0" Iffs-L�f o. u c=. c_e=A, X4.7 II` — la 001 LUP'ON oi.a• F' of • d" 01x4 "Mai �; i !uII i 1 Ftitirdigt AO!' i lii I11111IF� N NOM a ENNA .criMiliMila w{ M. INN.N. OEM 1 " • n 'a'01 N G?{ M v N N 'H — — — n N co Q1 O oY N In ko J I 1 N O O n •t N n d N N N .4 0 N N N N N N N i O N N V/.9 &O.7 3I _ .. - s N o `h A .D N m C, 2 m CO N N N N N H N N N n N m N h N N n N N a N v 07 CC N m M (O N 0i J N N In N N N N 0 N Y1 In N N L, H N In w N h 03 rl 611 h tit 02' m 965 all daVir.7Nv 0 In N N N N N N crs Itit m — N IA V N (O N CO 01 0 _ N E1 Y — ,D N N _ r, m 0 0 m n N N W Cl N N N M N N N N 0 N 1I/Is(\\\\ _l- mil l(,• .7,�1 y 1 ."95015240 !sI `V0LLMAR - TOWN OF CI.: AIL ENV: 81 LEGISLATIVE HISTORY RECORD FILE NO. 272 Pt S2 S13 -T2 -R67 Bk /155707 DATE: 5/21/1910 OAT" ACTION OF GOUw:`t. 1R BOARO MINUTE BOOK °JIUME PAGE Eny0# 8/18/10 VACATION PLAT Bk /158402 Pt S2 S13 -T2 -R67 Fi4 f 8/18/10 PLAT - 2nd FILING Bk /158403 Pt S2 S13 —T2 —R67 280 80 3/7/11 PLAT — 3rd ADD Bk /164768 Pt Nrs13—A1I 523 Pt NW4 S24 -T2 -R67 286 84 8/1111 PLAT — 1st FILING Bk. /169287 Pt W2SW4E2SWC S13 -T2 -R67 293 91 8/7/11 PLAT - 2nd FILING Bk /169288 Pt SW4 S13 -T2 -R67 294 86 11/28/19 VACATION DEED 23 9 Bk 541/331312553 NW4 Add T2 -R67 Recorded & Returned Tedrow & Fitzgerald, :o Boulder, Co. 5/24/20 VACATION DEED 4402. Bk 604/33/327900 1st kilt-2nFlg- Resubdivision LlSI M.. Recorded & Returned to Lupton Coal Ridge Land Co., Ft. Lupton,Co. 4/12/23 VACATION PLAT( Bk 654/414 05170 NW4 Sid' 2-R NW4 824 -T2 -R67 3tcApornt,0 Recorded & Returned to Lupton Coal Ridge Land Co.,Ft.Lupton, Co. I LE NO Vollmar Town of pi _ Y 7°'rl..`,....1!c•—•-•....,"...'' A: .4. ..z+ ..440 .44,....—.. . • . . rs • w try ' �:.. R67 -T2 -S13-23-24 ..�. t'`` .7 . _• 950iS4 • DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: December 13, 1994 Case Number: S-371 TO WHOM IT MAY CONCERN: Enclosed is an application from Charles Bueno for a Minor Resubdivision for a portion of Monroe Place between Lot 1 Block 16 and Lot 20 Block 9 of Vollmar. The parcel of land is described as Lot 20 Block 9 Vollmar, being a part of Section 13, T2N, R67W of the 6th P.M., Weld County, Colorado. The application is submitted to you 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 and will ensure prompt consideration of your recommendation. Please reply by December 27, 1994, so that we may give full consideration to your recommendation. Please call, Todd A. Hodges, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. 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 interests of our town for the following reasons: 3. 4. We have reviewed the request and find no conflicts with our interests. A formal recommendation is under consideration and will be submitted to you prior to 5. Please refer to the enclosed letter. Signed: y�,r.� ) `I �� Agency Date: PA -tray -00)4-- 9501S4 COLORADO G�s� PARTMENT OF PLANNING SERVICES l l PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES �)' DEC ' 4 1Alf/t I� 1400 N. 17TH AVENUE CHI , 1 GREELEY, COLORADO 80631 a Uj I I t Y •r 1 Date: December 13, 1994 Case Number: S-371 TO WHOM IT MAY CONCERN: Enclosed is an application from Charles Bueno for a Minor Resubdivision for a portion of Monroe Place between Lot 1 Block 16 and Lot 20 Block 9 of Vollmar. The parcel of land is described as Lot 20 Block 9 Vollmar, being a part of Section 13, T2N, R67W of the 6th P.M., Weld County, Colorado. The application is submitted to you 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 and will ensure prompt consideration of your recommendation. Please reply by December 27, 1994, so that we may give full consideration to your recommendation. Please call, Todd A. Hodges, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. We have reviewed this request and find that it does/does not comply with our Comprehensive Plan for the following reasons. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. 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: ( �+�1 dill' / `ti�t�' Agency WC I`�'�.kkah `e� �4.L Date: (2'f 2t14'J DEC 2u1994�_ mEmoRAnuum Elk To COLORADO From Subject: Todd A. Hodges, Current Planner 12/27/94 Date Don Carroll, Administrative Coordinator O•9 - S -371, Resubdivision for a portion of Monroe Place The applicant, Charles Bueno, has requested a minor resubdivision for a portion the Vollmar Subdivision on Monroe Place between Lot 1, Block 16 and Lot 20, Block 9. Scott Schreiber, our maintenance motorgrader foreman, visited the site and talked to the grader operator in the Vollmar area to verify that this particular section of road has never been maintained by the County. This particular Vollmar plot was dedicated but never developed. The applicant has indicated that he had owned the house for more than 50 years. We have no conflict with vacating 30 feet on Monroe Place in the Vollmar Subdivision, Filing 2 to clean up the well that is in the right-of-way. cc: Commissioner Kirkmeyer S-371 file :plan3.dc q50 -1S4 W1�Dc. COLORADO Date: December 13, 1994 Case Number: S-371 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 TO WHOM IT MAY CONCERN: Enclosed is an application from Charles Bueno for a Minor Resubdivision for a portion of Monroe Place between Lot 1 Block 16 and Lot 20 Block 9 of Vollmar. The parcel of land is described as Lot 20 Block 9 Vollmar, being a part of Section 13, T2N, R67W of the 6th P.M., Weld County, Colorado. The application is submitted to you 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 and will ensure prompt consideration of your recommendation. Please reply by December 27, 1994, so that we may give full consideration to your recommendation. Please call, Todd A. Hodges, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. We have reviewed this request and find that it does/does not comply with our Comprehensive Plan for the following reasons. 1. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. 4. 6 v We have reviewed the request and find no conflicts with our interests. A formal recommendation is under consideration and will be submitted to you prior to 5. Please refer to the enclosed letter. Signed: Date: DEC 1 9 1994 ITN rt ,fltN Mannino 950154 4t1 MEMORANDUM gig TO: Board of County Commissioners January 11, 1995 COLORADO From: Todd Hodges SUBJECT: Case Number S-371 Department of Planning Services' staff request that the hearing for Case S-371 be continued. There are concerns about this request and more information is required prior to staff making recommendation. A hearing date should be set once the required information has been received from the applicant and staff has had adequate time to review the information and make recommendation. Attached is a letter from Bruce Barker the Weld County Attorney to Ms. Lorraine Cordova concerning the information that is required. 9501S4 toti AIR\ COLORADO Lorraine Cordova P.O. Box 1485 Dillon, CO 80435 Dear Lorraine: OFFICE OF COUNTY ATTORNEI PHONE (303) 356-4000 EXT. 439 P.O. BOX 194. GREELEY, COLORADO 8063 January 11, 1995 RE: Continuation of Hearing on Request for Vacation The hearing on your request for vacation of a portion of Monroe Place in Volimar, Colorado, (minor resubdivision) was scheduled for Wednesday, January 11, 1995. As we discussed in our telephone conversation of last week, we have asked the Board of County Commissioners to continue the hearing. The Board has continued the matter to its regular agenda on February 1, 1995, at which time it will consider a date for resetting of the hearing. Please let me know as soon as possible what your title search ascertains about the chain of title of your grandmother's property. Hopefully, this information will give us direction as to which route you need to take in order to finalize this matter. Please call me at (303) 356-4000, extension 4390 if you should have any questions regarding this letter. BTB/db:Vollmar pc: Todd Hodges Clerk to the Board Yours truly, race T. Barker Weld County Attorney efigg5WITALU tJAN 1 2 1995 ..• _4.. Ainnrinp �1 n 4.,,,t4r Ilk COLORADO Ms. Lorraine Cordova P.O. Box 1485 Dillon, CO 80435 December 27, 1994 RE: Request for Vacation of a Portion of Monroe Place in Volmar, Colorado Dear Lorraine: OFFICE OF COUNTY ATTORNEY PHONE (303) 356-4000 EXT. 4391 P.O. BOX 1948 GREELEY, COLORADO 80632 On November 28, 1994 I received your request for the vacation of a portion of Monroe Place in Valmar, Colorado. Monroe Place is shown on the plat map of Volmar, Second Filing. I sent your request to the Weld County Department of Planning Services. Mr. Todd Hodges is currently working on the request. Mr. Hodges has informed me of a significant problem regarding your request. The problem is that we have found recorded documents which vacated all of the recorded plats for the Town of Volmar. Unless one lot was sold out of the Second Filing plat prior to recording, it appears that your grandmother's lots may not exist. Instead, they may own property which may only be described by metes and bounds. Their property could be owned as a result of an adverse interest against the previous owner. I respectfully request that you contact the title company here in Greeley, Colorado, to ask the title company to research when the first lot may have been sold out of the plat for the Town of Volmar, Second Filing. That information is necessary before Mr. Hodges proceeds further. Enclosed is a copy of a card which is on file at the Weld County Clerk and Recorder's Office entitled "Legislative History Record" for the Town of Volmar. All of the recording information for the vacation documents are included on that record. Please feel free to call me at (303) 356-4000, Extension 4390 if you have any questions regarding this letter. Very,j.ruly yours, BrgcC. Barker ld County Attorney Enclosure pc Todd Hodges DEC 2 8 1994 •' :^*• Mannino X501S4 Brat' Ten Mile Title, Inc. November 21, 1994 Board of County Commissioners Weld County P.O. Box 1948 Greeley, CO 80632 Re: Vacation of a portion of Monroe Placer in Vollmer Subdivision Filing No. 2 Commissioners: Enclosed is an application of petition to vacate all or part of Monroe Place Road between 2 lots as shown on Plat -(A). My grandmother, Ramona Bueno, has owned her house in Vollmar for more then 50 years. After recent discovery my grandmother has found out that her well is in the right-of-way of Monroe oe Plproperty she Sace. She informs me that through the years she's owned the p p as never aware of the situation. My grandmother is quite elderly and very upset with this circumstance. She just wants to make r property be ok so when she does pass on there will be no problems. We would request that the County vacate the portion of Monroe Place located between the east half of Blocks 9 and 16 of Vollmer. To my grandmother's remembrance, this street has never been opened to the public. She has used this street for parking and has never been used as a roadway. After many trips to see the property, I see that this road had not been used and many of the land owners have this street fenced in. We would really appreciate you looking into this matter and please contact us as soon as possible. Should vacation of the total road not be possible, an alteBrnative ive of at least the north 30 feet, adjacent to Lot 20, 9, Vollmare, be vacated would suffice our situation. FY/c i "Re P/41 We are prepared to pay the necessary planning fees and survey fees to accomplish this. Please be advised that my grandmother does not have any money and if all possible, please have the costs as minimal as possible. Thank you for your help in this matter. Very t.,>4uly yours, afi ar ova anddaughter/Niece of Ramona and Charles Bueno 9501S4 130 SKI HILL ROAD, SUITE 140 • P.O. BO, 5499 . BRECKENRIDGE, CO 80424 • (303) 453-0805 • FAX (303) 453-1994 "'ILLON OFFICE: 220 FIEDLER AVENUE, 2nd FLOOR. P.O. BOX 1485. DILLON, CO 80435 . (303) 468-9523 . FAX (303) 468-9542 MINOR RESUBDIVISION APPLICATION 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. ZONING DISTRICT DATE APPLICATION FEE RECEIPT NO. APPLICATION CHECKED BY 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): Lot 20, Block 9 and Lot 1 Block 16 - Lots adacent to Monroe Place. (If additional space is required, attach an additional sheet). • NAME OF SUBDIVISION OR UNINCORPORATED COMMUNITY Vol 1 mar Second Fi 1 i ng NUMBER OF LOTS ADJACENT TO THE RIGHT-OF-WAY PROPOSED FOR VACATION 7 NAME OF APPLICANT Charles Bueno (Ramona Bueno) PHONE (303) 857-2827 ADDRESS 11488 Weld County Road, Road 20, Ft. Lupton, CO 80621 NAME OF APPLICANT PHONE ADDRESS NAME OF APPLICANT ADDRESS PHONE 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. d COUNTY OF ) ss. STATE OF COLORADO ) ) Subscribed and sworn to before My commission expires this aZ3 day of Y POc, X,nature: Owner or Authorized Agent airrte7itC y(-6f//t, C ly , 19 /L ARY PUBLIC REVISED: March 1994 NAMES OF OWNERS OF PROPERTY ADJACENT TO THE ROAD. STREET. OR ALLEY CONSIDERED FOR VACATION Please print or type NAMF, ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION NUMBER Charles Bueno 11488 Weld County Road 20 5389286 Ft. Lupton, CO 80621 Hazel Garcia 11cin weld rou my Rona 90 5390986 . (Pete Garcia, Deceased) Ft. Lupton, CO 80621 9501S4 MINOR RESUBDIVISION AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Lot 20 Block 9 Vollmar Filing No. 2 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 7 day of , 192 WITNESS my hand and official seal. My mmission Expires: ALA7c; STATE OF COLORADO ) ss. COUNTY OF WELD ) 950194 PETITION TO VACATE was affixed in my presence, and h ig person that is purports to be, and that to the best of my knowledge person signing the petition was, at the time of signing, an "owner" adjacent to the proposed right-of-way ,$treet-Mnnrne Place Telephone Number R.. AFFIDAVIT OF CIRCULATOR all Date of Signin 3/9y depose and say that my address is #20 , that I have circulated the Petition, that each t at each s nature hereon is a of Circulator PETITION TO VACATE Monroe Place BETWEEN Lo 1Block 16 s20Block and Name of road, street, or alley AND Address location Address location Do not sign this petition unless you are the "owner" of road, street, or alley proposed for vacation. An owner to real property. You are an "owner" if you hold property which obligates you to pay general taxes instance, the seller may not sign this petition. We, the undersigned owners of property adjacent to proposed for vacation do not object to this vacation. Do not sign Mr. and Mrs., sign individually. Do not sign unless you have read of the petition. real property adjacent to the is a person holding fee title a contract to purchase real on that property. In that Signature 794 Mailing Address v , tntu / I 3n &C ic{ "+ J_O Pete`JGarcia-Deceased STATE OF COLORADO COUNTY OF WELD ) ss. I, being first duly sworn, 11488 Weld Ctv Rd. signature hereon signature of the and belief, each o�..�real property 0e!"lJW`v Signature SUBSCRIBED AND SWORN to before me this �� day of (....7-74.,/y vacation. Ramona Bueno Charles Bueno Printed Name WITNESS my hand and official se My commission expires:9/9 ) , 19 9 7 . REVISED: March 1994 9501S4 OFFICE OF COUNTY ATTORNE PHONE (303) 356-4000 EXT. 439 P.O. BOX 194 GREELEY, COLORADO 8063 January 11, 1995 COLORADO Lorraine Cordova P.O. Box 1485 Dillon, CO 80435 RE: Continuation of Hearing on Request for Vacation Dear Lorraine: The hearing on your request for vacation of a portion of Monroe Place in Vollmar, Colorado, (minor resubdivision) was scheduled for Wednesday, January 11, 1995. As we discussed in our telephone conversation of last week, we have asked the Board of County Commissioners to continue the hearing. The Board has continued the matter to its regular agenda on February 1, 1995, at which time it will consider a date for resetting of the hearing. Please let me know as soon as possible what your title search ascertains about the chain of title of your grandmother's property. Hopefully, this information will give us direction as to which route you need to take in order to finalize this matter. Please call me at (303) 356-4000, extension 4390 if you should have any questions regarding this letter. Yours truly, uce T. Barker Weld County Attorney BTB/db:Vollmar pc: Todd Hodges Clerk to the Board 950163 Cgsv1 C • 9501S4 Act:rg MEMORANDUKD CCU T wokTO: Board of County Commissioners January. 119 1%R511: 23 COLORADO From: Todd Hodges CI Erg CO T L SUBJECT: Case Number S-371 Department of Planning Services' staff request that the hearing for Case S-371 be continued. There are concerns about this request and more information is required prior to staff making recommendation. A hearing date should be set once the required information has been received from the applicant and staff has had adequate time to review the information and make recommendation. Attached is a letter from Bruce Barker the Weld County Attorney to Ms. Lorraine Cordova concerning the information that is required. 950134 COLORADO OFFICE OF COUNTY ATTORNEY PHONE (303) 3564000 EXT. 4391 P.O. BOX 1948 GREELEY, COLORADO 80632 December 27, 1994 Ms. Lorraine Cordova P.O. Box 1485 Dillon, CO 80435 RE: Request for Vacation of a Portion of Monroe Place in Volmar, Colorado Dear Lorraine: On November 28, 1994 I received your request for the vacation of a portion of Monroe Place in Valmar, Colorado. Monroe Place is shown on the plat map of Volmar, Second Filing. I sent your request to the Weld County Department of Planning Services. Mr. Todd Hodges is currently working on the request. Mr. Hodges has informed me of a significant problem regarding your request. The problem is that we have found recorded documents which vacated all of the recorded plats for the Town of Volmar. Unless one lot was sold out of the Second Filing plat prior to recording, it appears that your grandmother's lots may not exist. Instead, they may own property which may only be described by metes and bounds. Their property could be owned as a result of an adverse interest against the previous owner. I respectfully request that you contact the title company here in Greeley, Colorado, to ask the title company to research when the first lot may have been sold out of the plat for the Town of Volmar, Second Filing. That information is necessary before Mr. Hodges proceeds further. Enclosed is a copy of a card which is on file at the Weld County Clerk and Recorder's Office entitled "Legislative History Record" for the Town of Volmar. All of the recording information for the vacation documents are included on that record. Please feel free to call me at (303) 356-4000, Extension 4390 if you have any questions regarding this letter. Veryztxuly yours, f T. Barker eld County Attorney Enclosure pc Todd Hodges - DEC 2 8 1994 • • _. ,,, Diannino IV0LLMAR TOWN OF LEGISLATIVE HSTORY RECORD FILE NO. 272 - Pt S2 S13 -T2 -R67 I:L'.IL ENV: 81 Bk /155707 DATE: 5/21/1910 0ATr ACTION OF COUNCIL. OR BOARD - MINUTE BOOK '.ILUME PAGE En0if t80 8/18/10 VACATION PLAT Bk /158402 Pt S2 S13 -T2 -R67 F3,4 # L280 8/18/10 PLAT - 2nd FILING Bk /158403 Pt S2 513 -T2 -R67 3/7/11 PLAT - 3rd ADD Bk /164768 Pt NZS13-A1I S23 Pt NW4 S24 -T2 -R67 286 84 8/1/11 PLAT - 1st FILING Bk /169287 Pt—W2SW4E2SW4 S13 -T2 -R67 293 91 8/7/11 PLAT - 2nd FILING Bk /169288 Pt SW4 S13 -T2 -R67 294 86 11/28/19 VACATION DEED 2359 Bk 541/331/312553 NW4 S13 -T2 -R67 3rd Add Recorded & Returned Tedrow & Fitzgerald, to Boulder, Co. 5/24/20 VACATION DEED 6,02.. Bk 604/33/327900 1st 2nd Flg- Resubdivision LIST era. Recorded & Returned to Luton Coal Ridge Land Co., Ft. Lupton,Co. —$1.3, 4/12/23 I VACATION PLATT Bk 654:/41405170 NW .523, NW4 S24 -T2 -R67 3R=QpDc lak Recorded & Returned to_Lupton Coal Ridge Land Co.,Ft.Lupton, Co. Vollmar 1 OPT! Town of R67 -T2 -S13-23-24 • . . �,r+y �,. r ._.f X .: �..`.1`. ^.ry'f _.r,.:a.-r.J +'i..�.._n� .e. • •.. .r., _'r. 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