HomeMy WebLinkAbout981300.tiff RESOLUTION
RE: APPROVE MINOR RESUBDIVISION FOR VACATION OF ROAD RIGHT-OF-WAY,
S #452 - DIAZ
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 27th day
of July, 1998, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Leroy Diaz, P.O. Box 22, Gill, Colorado 80624, for a Minor Resubdivision for
Vacation of road right-of-way on the following described real estate, to-wit:
Between Lot 12, Block 9 and Lots 1 and 2, Block 12, in the
Unincorporated Town of Gill, Weld County, Colorado
WHEREAS, said applicant was present, and
WHEREAS, Section 8.2 of the Weld County Subdivision Ordinance provides standards
for review of said Minor Resubdivision for Vacation of road right-of-way, 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 planning staff 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, as amended.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 8.2 of the Weld County Subdivision Ordinance
including specifically:
a. Section 8.2.1 -- There is right-of-way shown on an approved plat that has
not been used for its intended purpose. The right-of-way has never been
built and there are remnants of abandoned adobe structures that were
built in the 1920's.
b. Section 8.2.2 -- One hundred percent of the landowners adjacent to the
proposed right-of-way vacation have signed the petition for the vacation of
this portion of the road.
c. Section 8.2.3 -- The vacation shall only be permitted when it is compatible
with the surrounding area and uses, is consistent with efficient and orderly
development, is consistent with the Weld County Comprehensive Plan,
and does not deprive any parcel of adequate access to a public road or
street right-of-way. The primary lots affected by this vacation are Lot 12,
Block 9 and Lots 1 and 2, Block 12. These lots are owned by either the
applicant or the applicant's daughter. The vacation does not deprive any
lot within this unincorporated town of access.
981300
PL1262
RESUBDIVISION - DIAZ
PAGE 2
d. Section 8.2.4 -- The vacation of any right-of-way may require the
reservation of an easement for public utility or drainage purposes in order
to meet the easement requirements of Section 10.6. A fifteen-foot
easement adjacent to 7th Avenue will be added to the description on the
plat to accommodate existing utilities and provide for new utilities.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Leroy Diaz for a Minor Resubdivision for Vacation of
the road right-of-way on the hereinabove described parcel of land be, and hereby is, granted
subject to the following conditions:
1. The applicant shall submit a completed plat to the Department of Planning
Services within 30 days of approval by the Board of County Commissioners. The
plat shall be recorded in the Weld County Clerk and Recorder's Office and the
applicant shall be responsible for all recording fees.
2. All accesses and easements shall be clearly delineated on the plat.
3. All debris currently located on the vacated road right-of-way property must be
removed prior to the release of building permits.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of July, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO`'
ATTEST: "J!!
Consnce L. Harbert, Chair
Weld County Clerk tot = =o
\ b JIEGIIWH r, Pro-Tem
BY;
Deputy Clerk to they+ �n�
e . Baxter
AP D AS T RM:
Dale K. Hall
unt Attor ey
rbara J. Kirkmeyer
981300
PL1262
INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Leroy Diaz Case Number S-452
Submitted or Prepared
Prior to At Hearing
Hearing
1 Planning Commission Resolution n/a
2 Staff Comments X
3 Department of Planning Services field check form X
4 Letter to Applicant scheduling before the Board of County X
Commissioners
5 Letter to Applicant X
6 Application (2 pages) X
7 Referral list X
8 West Greeley Soil Conservation District referral received 4/10/98 X
9 Weld County Health Department referral received 4/14/98 X
10 Weld County Building Inspection referral received 4/07/98 X
11 Weld County Public Works Dept. referral received 4/20/98 (2 pgs) X
12 Maps X
13 Deed X
14 Surrounding Property Owners (6 pages) X
15 Weld County Utility Board Agenda and Minutes (2 pages) X
7
I hereby certify that the 15 items identified herein were submitted to the Department of Planning Services at
or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office.
Julie A. Chester • Current Planner
STATE OF COLORADO )
COUNTY OF WELD ) /1J.1�/o�/, Q�i
SUBSCRIBED and SWORN TO BEFORE ME THIS �A day of CI V 19 c .
SEAL
jib
dor/bin/LOA
NOTARY PUBLIC
MY COMMISSION EXPIRES //L7/000/
Page 1
046;4
WliD�. LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: S-452 Hearing Date: July 27, 1998
Applicant: Leroy Diaz
Address: P.O. Box 22, Gill, CO 80624
Request: A Site Specific Development Plan and a Minor Resubdivision for the vacation of
a road right-of-way between Lot 12, Block 9 and Lots 1 & 2, Block 12, in the
Unincorporated Town of Gill
Legal Description: Between Lot 12, Block 9 and Lots 1 & 2, Block 12, Gill, Weld County,
Colorado
Location: Third Street, North of and adjacent to 7th Avenue
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Resubdivision is listed in Section 8.2 of the Weld County Subdivision
Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Health Department referral received 04/14/98
• Weld County Public Works Department referral received 04/20/98
• Weld County Building Inspection referral received 04/07/98
• West Greeley Soil Conservation District referral received 04/10/98
E
Page 2
#$ t MINOR RESUBDIVISION FOR VACATION OF ROAD RIGHT-OF-WAY
ADMINISTRATIVE REVIEW
Wilk.
COLORADO
PLANNER: Julie A. Chester
CASE NUMBER: S-452 HEARING DATE: July 27, 1998
APPLICANT: Leroy Diaz
ADDRESS: P.O. Box 22, Gill, CO 80624
REQUEST: A Site Specific Development Plan and a Minor Resubdivision for the
vacation of a road right-of-way between Lot 12, Block 9 and Lots 1 & 2,
Block 12, in the Unincorporated Town of Gill
LEGAL DESCRIPTION: Between Lot 12, Block 9 and Lots 1 & 2, Block 12, Gill, Weld County,
Colorado
LOCATION: Third Street, North of and adjacent to 7th Avenue
PARCEL NUMBER: 080127302009
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS
REQUEST 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, as amended.
2. It is the opinion of the Department of Planning Services's staff that the applicant has shown
compliance with Section 8.2 of the Weld County Subdivision Ordinance, as amended, as
follows:
a. Section 8.2.1 --There is right-of-way shown on an approved plat that has not been
used for its intended purpose. The right-of-way has never been built and there are
remnants of abandoned adobe structures that were built in the 1920's.
b. Section 8.2.2-- One hundred percent of the landowners adjacent to the proposed
right-of-way vacation have signed the petition for the vacation of this portion of the
road.
Page 3
c. Section 8.2.3--The vacation shall only be permitted when it is compatible with the
surrounding area and uses, is consistent with efficient and orderly development, is
consistent with the Weld County Comprehensive Plan, and does not deprive any
parcel of adequate access to a public road or street right-of-way. The primary lots
affected by this vacation are Lots 12, Block 9 and Lots 1 & 2, Block 12. These lots
are owned either by the applicant or the applicants daughter. The vacation does not
deprive any lot within this unincorporated town of access.
d. Section 8.2.4 --The vacation of any right-of-way may require the reservation of an
easement for public utility or drainage purposes in order to meet the easement
requirements of Section 10.6. A fifteen-foot easement adjacent to 7th Avenue will
be added to the description on the plat to accommodate existing utilities and provide
for new utilities.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services's staff recommendation for approval is conditional upon the
following:
1. The applicant shall submit a completed plat to the Department of Planning Services within
30 days of approval by the Board of County Commissioners. The plat shall be recorded in
the Weld County Clerk and Recorder's Office and the applicant shall be responsible for all
recording fees.
2. All accesses and easements shall be clearly delineated on the plat.
3. All debris currently located on the vacated road right-of-way property must be removed prior
to the release of building permits.
FIELD CHECK inspection date: 7/10/98
CASE NUMBER: S-452
APPLICANT: Leroy Diaz
LEGAL DESCRIPTION: Between Lot 12, Block 9 and Lots 1 &2, Block 12, Gill,
Weld County, Colorado
LOCATION: Third Street, north of and adjacent to 7th Avenue
Zoning Land Use
N A (Agricultural) N Agricultural, farm
E A (Agricultural) E Residential, mobile home
S A (Agricultural) S Residential, large quanset
W A (Agricultural) W Residential, mobile home
COMMENTS:
• On site-property needs to be cleaned up, wire, cement, used building materials, structures,
etc. Old foundation from adobe structure.
6-1,:ede.)
J�e A. Chester, Current Planner
EXIST
6H". DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100. EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVETIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
wiEge,
COLORADO
July 14, 1998
Leroy Diaz
P.O. Box 22
Gill, CO 80624
Subject: S-452 - Request for approval of a Minor Resubdivision for the vacation of a road right-of-way
between Lot 12, Block 9 and Lots 1 and 2, Block 12, in the unincorporated Town of Gill on a
parcel of land described as Lot 12, Block 9 and Lots 1 and 2, Block 12, Gill, Weld County,
Colorado.
Dear Mr. Diaz:
I have scheduled a meeting with the Weld County Board of County Commissioners for Monday, July 27,
1998, at 9:00 a.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street,
Greeley, Colorado.
It is recommended that you and/or a representative be in attendance at each of the meetings described
above in order to answer any questions that might arise with respect to your application.
A representative from the Department of Planning Services will be out to the property 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 under consideration 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 post a second sign
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. It is the responsibility of the applicant to contact the
Department of Planning Services office a few days before the date of the hearing to obtain that
recommendation.
•
If you have any questions conceming this matter, please feel free to call me.
Sincerelly,
i( szet‘ ic____
ulie A. Chester
Planner
i
EXHIBIT
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 35X (970) 352-6312
FAX (970) 352-Fi312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
March 30, 1998
Leroy Diaz
Elizabeth Diaz
P.O. Box 22
Gill, CO 80624
Subject: 5-452- Request for approval of a Site Specific Development Plan and Minor Resubdivision for the
vacation of a road right-of-way on a parcel of land described as being between Lot 12, Block 9 and
Lots 1 and 2, Block 12,Town of Gill,Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at the present
time. A meeting with the Board of County Commissioners will be set at a later date. I have scheduled a meeting
with the Weld County Utilities Advisory Committee for Thursday,April 23, 1998, at 10:00 a.m. This meeting will
take place in the Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado.
It is recommended that you and/or a representative be in attendance at each of the meetings described above in
order to answer any questions that might arise with respect to your application.
A representative from the Department of Planning Services will be out to the property 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 under consideration 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 post a second sign 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. It is the responsibility of the applicant to contact the Department of
Planning Services office a few days before the date of the hearing to obtain that recommendation.
If you have any questions concerning this matter, please feel free to call me.
Si erely,
ester
Current Planner easiTJ
Weld County Planning Dept.
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley,ciglaradq�B1Q61
Phone (970) 353-6100, Ext. 3540 Fax (970) 352-63 U ``JJ`yJttff
MINOR RESUBDIVISION APPLICATI E C E'V E D
Vacation of Roads, Streets, and All �/
Application Fee 4 an) •el) Receipt Number Case Number j - $a'
Zoning District Application Checked Eli? Planner Assigned to Case
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/ �clud all lots adjacent to right - proht-oposed for vacation).
2-07 PARCEL NUMBER. .Zak 13LL` Q,f a2(12 digit number found on Tax I.D. Information or
obtained in the Assessor's Office.
NAME OF SUBDIVISION OR UNINCORPORATED COMMUNITY 4,/-k
NUMBER OF LOTS �ADJACENT TO THE RIGHT-OF-WAY PROPOSED FOR VACATION �
Name of A plicant J 970-/ c� Phone Number ��G 35 /` 78 �
Address p(�, c 3 , - ?.n']/i r 9Lt?J �; �� m. ,s-s‘cy,a (3 $
Name of Applicant Phone Numberd9 3 S 7- 75'5
Address fr.a ;�l, - , Chi, x 4-
Name of Applicant Phone Number
Address
I hereby depose and state under the penalties of perjury that all statement proposals and/or plans submitted
with or contained within the application are true and correct to the best of my knowledge.
oci:/!err - 9-a:
Signature Revised: 4/4/96
3 EXHIEUT
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REFERRAL LIST
NAME: Leroy Diaz CASE NUMBER: 5-452
REFERRALS SENT: March 30, 1998 REFERRALS TO BE RECEIVED BY:April 20, 1998
COUNTY TOWNS and CITIFS
X Attorney _Ault
X Health Department Berthoud
_Extension Service Broomfield
Emergency Management Office _Dacono
Sheriff's Office _Eaton
X Public Works _Erie
Housing Authority _Evans
Airport Authority _Firestone
X Building Inspection Fort Lupton
Frederick
TAT _Garden City
Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society _Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
La Salle
FIRE DISTRICTS _Lochbuie
_Ault F-1 _Longmont
Berthoud F-2 _Mead
Briggsdale F-24 _Milliken
Brighton F-3 New Raymer
Eaton F-4 Northglenn
Fort Lupton F-5 _Nunn
Galeton F-6 _Pierce
Hudson F-7 _Platteville
_Johnstown F-8 Severance
La Salle F-9 _Thornton
Mountain View F-10 Windsor
Milliken F-11
Nunn F-12 COI JNTIES
_Pawnee F-22 _Adams
Platteville F-13 _Boulder
X Platte Valley F-14 Larimer
Poudre Valley F-15
Raymer F-2 FEDERAL GOVFRNMFNT AGENCIES
Southeast Weld F-16 US Army Corps of Engineers
Windsor/Severance F-17 _USDA-APHIS Veterinary Service
Wiggins F-18 _Federal Aviation Administration
Western Hills F-20 _Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
Central Colo.Water Conservancy Dist. _Brighton
Panhandle Eastern Pipe Line Co. Fort Collins
Tri-Area Planning Commission X Greeley
Lorraine Tarver, Longmont PO Longmont
West Adams IDGMBIT
COMMISSION/BOARD MEMBER I
4tfa
I Weld County Referral
C. March 30, 1998
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Leroy Diaz Case Number S-452
Please Reply By April 20, 1998 Planner Julie A. Chester
Project Site Specific Development Plan and Minor Resubdivision for the vacation of a road right-
of-way.
Legal Between Lot 12, Block 9 and Lots 1 and 2, Block 12,Town of Gill, Weld County,
Colorado.
Location Third Street, Between Lot 12, Block 9, and Lots 1 and 2, Block 12, Gill, Colorado
Parcel Number 0801 27 302009
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing(if applicable) N/A
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature Date
Agency
Weld County Planning Dept. ♦1400 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)352-6312 fax
a
Weld County Planning Dept.
Weld County Referral
APR1 ° 1988
'lige C b I V , March 30, 1998
COLORADO ®
The Weld County Department of Planning Services has received the following item for review:
Applicant Leroy Diaz Case Number S-452
Please Reply By April 20, 1998 Planner Julie A. Chester
Project Site Specific Development Plan and Minor Resubdivision for the vacation of a road right-
of-way.
Legal Between Lot 12, Block 9 and Lots 1 and 2, Block 12,Town of Gill,Weld County,
Colorado.
Location Third Street, Between Lot 12, Block 9, and Lots 1 and 2, Block 12, Gill, Colorado
Parcel Number 0801 27 302009
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing(if applicable) N/A
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
Er We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature b , y}�� , Date q lg lqc
Agency w C S CD J I
*Weld County Planning Dept. 41400 N. 17th Ave.Greeley,CO.80631 *(970)353-6100 ext.3540 4(970)352-6312 f EXHIBIT
re
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"ilwP,d County Pi nn; ciin_
nkVe'd County Referral
C. APR 1 41993
March 30, 1998
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Leroy Diaz Case Number S-452
Please Reply By April 20, 1998 Planner Julie A. Chester
Project Site Specific Development Plan and Minor Resubdivision for the vacation of a road right-
of-way.
Legal Between Lot 12, Block 9 and Lots 1 and 2, Block 12,Town of Gill,Weld County,
Colorado.
Location Third Street, Between Lot 12, Block 9, and Lots 1 and 2, Block 12, Gill, Colorado
Parcel Number 0801 27 302009
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing(if applicable) N/A
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
/— We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature Lti( f lb,Ij i t-e Date 20/yr
Agency L,tiri- tin
+Weld County Planning Dept. 41400 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)352-6312 r
I
•
L---N.N
(11)(te
ID
Weld County Referral
WIC. March 30, 1998
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Leroy Diaz Case Number 5-452
Please Reply By April 20, 1998 Planner Julie A. Chester
Project Site Specific Development Plan and Minor Resubdivision for the vacation of a road right-
of-way.
Legal Between Lot 12, Block 9 and Lots 1 and 2, Block 12,Town of Gill, Weld County,
Colorado.
Location Third Street, Between Lot 12, Block 9, and Lots 1 and 2, Block 12, Gill, Colorado
Parcel Number 0801 27 302009
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing(if applicable) N/A
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature Date
Agency
+Weld County Planning Dept 01400 N.17th Ave.Greeley,CO.80631 0(970)353-6100 ext.3540 0(970)352-6312 ,
REC .VED MAR 3 1 1998
rite ce 0
--;•."
Wp�� ,) la�mi n field County Referral
APR 2 0 1998 March 30, 1998
COLORADO , PI; eit
\of .
The Weld County Department of Planning Services has received the following item for review:
Applicant Leroy Diaz Case Number 5-452
Please Reply By April 20, 1998 Planner Julie A. Chester
Project Site Specific Development Plan and Minor Resubdivision for the vacation of a road right-
of-way.
Legal Between Lot 12, Block 9 and Lots 1 and 2, Block 12,Town of Gill,Weld County,
Colorado.
Location Third Street, Between Lot 12, Block 9, and Lots 1 and 2, Block 12,Gill, Colorado
Parcel Number 0801 27 302009 •
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing(if applicable) N/A
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
e See attached letter.
Comments:
Signature .1/` /l^.�_ � . � � ., Date 4_ J 4-- % j
Agency Pu, .. WQ )
+Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext 3540 +(970)352-6312 f. Wailett
1 I '
MEMORANDUM
TO: Julie Chester, Current Planner DATE: April 1 1998
C
p 5,FROM: Don Carroll, Engineering Administrator u1`"a!'
•
COLORADO SUBJECT: S-452; Leroy Diaz
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
I have visited the site and have the following comments:
There are multiple large trees and at least two abandoned structures. The entire area appears to be fenced.
I visited with Dave Becker, Road and Bridge Director, on the need for this portion of Third Street in Gill. He has
no objection to the vacation.
cc: Commissioner Webster
S-452
plan6
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¢� THIS OLEO Is . conveyer's, Irom the lodiv(duallsl. corporallon(a) of ether eMity(le.)noted below as
': GRANTOR to the individual(s)or entlty(les)named below as GRANTEE or whatever Interest the GRANTOR
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s'-; - The GRANTOR hereby sells and quit claims to the GRANTEE the red property described below with all Rs :?.,
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the specific terms oI this deed are: •"
p •• Grantor. (GM nw•«.I,NW«ul«r•Sks*:1.the ww«ww...••r.«S"Nt N pra.y.,wr o..a Nr+ww Mw•M•ae ass . .
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LeRoy B. Diaz and Ofelia R.- Diaz
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Gill, CO 80634 Gill, CO 80634 1
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• , .Nnunanti .!.Cpeta;;`` EXHIBIT
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DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)TIVE 5 -6312
OFFICES
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
IIII GREELEY, COLORADO 80631
C.
COLORADO
July 14, 1998
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: S-452
There will be a Public Hearing before the Weld County Board of County Commissioners on Monday, July
27, 1998, 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: Leroy Diaz
REQUEST: Minor Resubdivision for the vacation of a road right-of-way between Lot 12, Block 9 and Lots
1 and 2, Block 12, in the unincorporated Town of Gill
LEGAL DESCRIPTION: Lot 12, Block 9 and Lots 1 and 2, Block 12, Gill, Weld County, Colorado.
LOCATION: Third Street, between Lot 12, Block 9 and Lots 1 and 2, Block 12, Gill, Colorado. For
a more precise location, see legal.
Your property is within five-hundred (500)feet of the property on which this request has been made or you
may have an interest in the minerals located under the property under consideration. For additional
information write or telephone Julie A. Chester, 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.
EXtelin
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNERS
LEROY DIAZ
S-452
William and Fern Howard
1000 S. Geneva St.
Denver, CO 80231
Elizabeth Diaz
P.O. Box 22
Gill, CO 80624
Leroy Diaz
P.O. Box 33
Gill, CO 80624
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-452
in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 14th
day of July, 1998. 4 D )
LU � L
Wendi Inloes
NAMES OF OWNERS OF PROPERTY
ADJACENT TO THE ROAD, OR ALLEY CONSIDERED FOR VACATION
ADDRESS, TOWN/CITY ASSESSOR'S PARCEL
NAMES' STATE AND ZIP CODE IDENTIFICATION NO.
•
•
ODOI
�.4. G.Awrc a,<� j( ,<rrd a ���� 5 (5- /-z I ci B,G)
�rrc Ce «S G otoa l 1 0nooytI
fib_ Fr 0-2.5
5
NAMES OF OWNERS OF PROPERTY
ADJACENT TO THE ROAD, OR ALLEY CONSIDERED FOR VACATION
ADDRESS, TOWN/CITY ASSESSOR'S PARCEL
NAME,. STATE AND ZIP CODE IDENTIFICATION NO.
X r r c0.2.2 • g G - 7 . a y'
5
+ PETITION TO VACATE
2 (' C I \'
Petition to Vacate — �`�e l between
Name of road, street,
or alley
g5S 1 `...ct fa etccL j And _/�U kts / r - , /oc-4 - )
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 3v , 54'reQ —' proposed for vacation
do not object to this vacation.
Do no sign Mr. and Mrs., sign individually. Do not sign unless you have read all of the petition.
Signature Mailing Address Telephone# Date of Signing
290# XC P &33,G;ir ca T ask- ZfS .3 - 3 -9;:r
(a
LI
STATE OF COLORADO )
ss. AFFIDAVIT OF CIRCULATOR
COUNTY OF WELD )
I, being first duly sworn, depose and say that my address is i.Ei-"x)j,-6''Jc CbIcLfthat I have
circulated the petition, that each signature hereon was affixed in 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.
---e Lrecy- s,' 7,2>p._:a.
Signature olt irculator J Printed Name
SUBSCRIBED AND SWORN to before me this 3 day of (tJ(,U ` , 19 r K
WITNESS my hand and official seal.
)6/b J Jim._
q�,54�00/ Notary Pu�c
My commission expires:
6
MINOR RESUBDIVISION
AFFIDAVIT OF INTEREST OWNERS/SURFACE ESTATE
Application Number
y� / L
SubjectProperty LLA-� cm y (1) ,8e/l n� /J i a ? '744 / 2 R/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.
4
AGENDA
WELD COUNTY UTILITY BOARD MEETING
Thursday,April 23, 1997
Please contact Wendi Inloes at 353-6100 Ext. 3536, if you are unable to attend the meeting.
********************************************* ****** ********* ************************************************************rt:s.
10:00 a.m. - Public Meeting of the Weld County Utility Board Meeting, Weld County Administrative
Offices Conference Room, 1400 N. 17th Avenue, Greeley, Colorado.
1. CASE NUMBER: S-452
APPLICANT: Leroy Diaz
PLANNER: Julie A. Chester
REQUEST: Site Specific Development Plan and Minor Resubdivision for the vacation of a road
right-of-way.
LEGAL DESCRIPTION: Between Lot 12, Block 9 and Lots 1 and 2, Block 12, Town of Gill, Weld
County, Colorado.
LOCATION: Third Street,Between Lot 12, Block 9,and Lots 1 and 2, Block 12, Gill, Colorado. For
a more precise location,see legal.
M
MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, April 23,
1998,at 10:00 a.m.,in the Conference Room of the Weld County Administrative Offices at 1400 North 17th Avenue,
Greeley,Colorado.
Members Present
Don Carroll, Weld County Public Works
Jonathan Keller,US West Communications
Bill Gray, Public Service Company
Also Present: Julie Chester,Department of Planning Services;Todd Hodges,Department of Planning Services; Leroy
Diaz,Applicant; Sharon Marquez, Secretary.
CASE NUMBER : S-452
PLANNER: Julie Chester
APPLICANT: Leroy Diaz
REQUEST: Site Specific Development Plan and Minor Resubdivision for the vacation of a road right-of-way.
LEGAL DESCRIPTION:Between Lot 12,Block 9 and Lots 1 and 2, Block 12,Town of Gill,Weld County,
• Colorado.
LOCATION: Third Street, Between Lot 12, Block 9,and Lots 1 and 2, Block 12, Gill, Colorado. For a more
precise location,see legal.
Julie Chester,Department of Planning,gave an overview of the proposed site specific development plan for the vacation
of a road right-of-way in a minor resubdivision.This section of road was provided for when Gill has originally plotted,
but was never developed, as a result an adobe structure was constructed inside the right-of-way. Existing power and
service poles on the site are located to serve private property and will not present any problem.
Don Carroll asked the applicant, Leroy Diaz if he was aware of any utilities located in the lots. Mr. Diaz responded
that all telephone wires run above ground and that a North Weld water line ran inside of the easement. Mr. Diaz also
stated that he intends to build a house on the site and will demolish the current structure.
Don Carroll submitted an aerial map of the site for review. Julie Chester pointed out the proposed development site to
those present,and Todd Hodges suggested that signatures of the surrounding property owners may be required. Don
Carroll stated that he had checked the site with Weld County Road and Bridge Department and had determined that no
conflict existed with the vacation of the site. He also stated that a right-of-way should be secured on the front of the
property to protect the existing water line.
Bill Gray,Public Service Company,added that Public Service had no objections,but would require access off the main
road to the west. However this access would not require an easement.
Don Carroll stated that lot line easements to the north and south would not be required, and that a 15 foot easement
adjacent to 7th Avenue would be required,staff concurred.
Don Carroll called for a motion to approve a 15 foot easement adjacent to 7th Avenue to be added to the description
on the plat to accommodate existing utilities and provide for new utilities. Bill Gray so motioned and Jonathan Keller
seconded the motion. Motion carried unanimously.
Respectfully submitted,
Sharon Marquez
Secretary
GEORGE T. ASHEN, ESQ
ATTORNEY AT LAW jA EXHIBIT
3677 So. Huron, #105
Englewood, CO 80110
•
George T. Ashen (303)762-0444
(303)629-6136
July 21, 1998
Weld County Board of Commissioners Wp/,N ro„
Weld County Administrative Offices anning Dg
1400 North 17`h Ave. Qf
Greeley,CO 80631 JUL 21 1998
RE: Case No. S452 air �,+
Request for Minor Resubdivision for the vacation Vet)
Of a road right of way between Lot 12, Block 9 and
Lots 1 &2, Block 12 in the unincorporated town of
Gill, County of Weld, State of Colorado
Legal Description: Lot 12,Block 9 and Lots 1 &2, Block 12
Gill,County of Weld, State of Colorado
Location: 3' Street, between Lot 12,Block 9 and
Lots 1 & 2, Block 12, Gill,Colorado
Owner of Lot 12, Block 9 and Lots 1 & 2,Block 12, Gill, Weld County
Colorado: Roy Diaz
Dear Sir/Madam:
Please take this as my Objection to the vacation of the right of way, as requested, between Lot
12, Block 9 and Lots I &2, Block 12, Gill, Weld County, Colorado, known as 3' Street, a
dedicated street in and for the town of Gill,County of Weld, State of Colorado. The
undersigned is the owner of Block 19, which is east of 3' Street and Blocks 1, 10, 11, 20 &21,
which Blocks are along a line north of 3'Street, extended in an east west direction, 3' Street
extension running between Lots 10 & 11 and traversing dedicated street which runs in an east
west direction along the north side of Lot 19 and the south boundary of Blocks 1, 10, 11, 20 &
21.
3rd Street is a main artery through the town of Gill, extending from 3' Avenue north through 8`h
Ave. The vacation of that part of 3' Street, that is, as it proceeds north and more particularly
between Lot 12 of Block 9 and Lots 1 & 2,Block 12,provides an important access to the street
known as 7th Avenue from the main artery through the town, ie 3" Street. At the present time,
7th Avenue has a limited access onto State Highway 37 crossing 1' Street. Any change by the
State either by way of closing said access or restricting the enlargement of said access off of 7th
Street into the State Highway 37, 7th Avenue and with 3'd Street being closed or vacated would
create irreparable damage to the value and to the development of Blocks 1, 10, 11, 20& 21. It
' would certainly appear from the fact that these Blocks, that is 1 ,10, 11, 20& 21 have been
plated by the town of Weld with the antithicate of the development of those lots for the
enhancement and the enlargement of the City of Gill,Colorado.
Nothing has been said as to the economic damage to the owner of Block, 1, 10, 11, 20 &21
however it would certainly appear that damage would be occasioned since the access to these
Blocks would seriously curtail their development by the closing of 3rd Street at the point
requested. The economic damage to the owner does not address the economic disadvantage to
the town of Gill in the development of Blocks 1 ,10, 11, 20 & 21. The tax base could be lifted
front agricultural to residential in addressing the matter of development of the referred to
Blocks. I would refer the commissioner to the platted map of Gill Colorado by Gill Decker
Improvement Company as of March 2, 1909.
This objection to the proposed vacation as addressed in case number S452 is respectfully
submitted by Mrs. Fern A. Howard, owner of the Lots set forth herein, the surrounding area
including the surface as well as a part of the minerals.
Thank you.
Sincerely,
17
Fern A toward
By: Thompson S. Collins, Jr.
Agent
GT:kb
EXHIBIT
RESOLUTION
RE: APPROVAL TO NARROW CERTAIN STREETS LOCATED IN GILL, COLORADO
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 of Weld County ,
Colorado has received a petition to narrow certain streets located
in the Town of Gill , Colorado, and
WHEREAS, the Department of Engineering Services has studied
said petition and has made its recommendations to the Board of
County Commissioners , and
WHEREAS, after hearing the statements of the petitioners
and studying the recommendations of the Department of Engineering
Services, the Board of County Commissioners deems it advisable
to take action on the petition as follows :
FIRST STREET - No change.
SECOND STREET - Reduce from 80 foot right-of-way to
60 foot right-of-way in its entirety.
THIRD STREET - Reduce from 80 foot right-of-way to
60 foot right-of-way between 3rd and
4th Avenues , reduce from 100 foot
right-of-way between 4th and 6th Avenues
to 60 foot right-of-way.
FOURTH STREET - Reduce from 80 foot right-of-way to 60
foot right-of-way between 3rd and 5th
Avenues . Reduce from 100 foot right-
of-way to 60 foot right-of-way between
5th and 6th Avenues .
FIFTH STREET - Reduce from 80 foot right-of-way to 60
foot right-of-way in its entirety.
SIXTH STREET - No change . Leave at 80 foot right-of-
way to accommodate drainage.
THIRD AVENUE - Leave at 80 foot right-of-way except for
1st Street through the East side of 3rd
Street. The North 10 feet of 1st Street
through the East side of 3rd Street shall
}min %Tara+pa l caani nn a 7,n fnnt ri nh+_nf,.tu'an
and studying the recommendations of the Department of Engineering
Services, the Board of County Commissioners deems it advisable
to take action on the petition as follows :
FIRST STREET - No change.
SECOND STREET - Reduce from 80 foot right-of-way to
60 foot right-of-way in its entirety .
THIRD STREET - Reduce from 80 foot right-of-way to
60 foot right-of-way between 3rd and
4th Avenues , reduce from 100 foot
right-of-way between 4th and 6th Avenues
to 60 foot right-of-way .
FOURTH STREET - Reduce from 80 foot right-of-way to 60
foot right-of-way between 3rd and 5th
Avenues . Reduce from 100 foot right-
of-way to 60 foot right-of-way between
5th and 6th Avenues .
FIFTH STREET - Reduce from 80 foot right-of-way to 60
foot right-of-way in its entirety.
SIXTH STREET - No change . Leave at 80 foot right-of-
way to accommodate drainage.
THIRD AVENUE - Leave at 80 foot right-of-way except for
1st Street through the East side of 3rd
Street. The North 10 feet of 1st Street
through the East side of 3rd Street shall
be vacated leaving a 70 foot right-of-way .
FOURTH AVENUE - Reduce from 80 foot right-of-way to 60
foot right-of-way in its entirety.
FIFTH AVENUE - Reduce from 100 foot right-of-way to 60
foot right-of-way between 1st Street and
5th Street. That portion between 5th
and 6th Streets was previously vacated by
resolution .
SIXTH AVENUE - Reduce from 80 foot right-of-way to 60
foot right-of way.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that action is hereby taken
on said petition as hereinabove stated .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
October, A.D. , 1980 .
` . /) '7 .I- BOARD OF COUNTY COMMISSIONERS
ATTEST: ' ft-".f -'-y.'- ' "" 4"''' WELD COUNTY, COLORADO
I) /
Weld County Clerk and Recorder C . j/,xL4ty (Aye)
and—C\erk to th j Board C . W. Kirby ,(( hairman
By : ,C1L- e(A� A& r ,. uxn.w,�Q K• Pet (Aye)
Deputy Count Clerk eonard L. Roe, Pro-Tem
P D AS TO FORM: are ..a . (Aye)
C\ Norman Carlson
7 �zr U
County Attorney (ABSENT)
5nedia Dunbar �—
(i.�? /G'l;i7.97/4 (Aye)
/�
K. Steinmark
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g EXHIBIT
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EXHIBIT .
VACATION '.,`:' DER D. 1:
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'---"---'-';',------:::-' - VACATION DEED OP PART OP TEE TOWN OF GILL WELD COUNTY, COLORADO
-- '.1. :.'4-1-,3:1";•:" :,',..:-‘‘,' c'-.'e,,,,,,---"-..,,- ' ' ' ' ' -
p' ,,,'..k4-'''f ' EOM all Men by,Tbonll Presents: That che Gill-Decker Improvement Company, a eerperation,
being the isle owner iS fee simple or Blocks 1," 10, 11, 19, 20, 21 and 22, in the Town of Gill,
''..•-7P-TP., Weld Ceunt,y, Colorado shown upon the nap of said Town of Gill filed in the offieeJof the
County Clerk and Recorder of Weld County; Colorado, on April 8, 1909, and recorded in Book 4
f Maps 94 of the reoorda of Weld County, Coloreds, do hereby set aside and vacate those
portions of First Street, Second Street, Third Street, Fourth Street, Fifth Street, Sixth
Street,
'''' • Seventh Avenue and Eighth Avenue, and all of Blocks 1, 10, 11, 19, 20, 21, and 22 es
sbewn within heavy red lines on the plat of the Town of Gill, Colorado, hereto attached; and
further do sot aside and vacate said platting as to each and all of the above described blocks
and as to all platting of any lots within said bleekii or any of then, and all of said blocks,
?•:'•`.1.ots, streets and avenues; which plat is boated in a portion of the Southwest quarter of
•-•-•':= Section Twenty-seven, in Township Six North, of Range Sixty-four West wof the 6th P. U.
Dated this 12th day of March, 1920.
THE GILL-DECKER 1.11PROVRILENT COMPANY
;‘,. f .x,(14- \ .
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President
Ik' SEAL -, By ir II Gill
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‘'' 4r Attain:
'•?. r ' ( qui', E J Booker
Sesretery
* ''4- )State of Colorado
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•:. County eif Weld )
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I, Louis 13 Wyatt a Notary PubLic in and for said County in the State aforesaid, de hereby
certify that W. H. Gill St11 J Decker who are personally known 'us Int to be the same persons
' 2 whose navies are subscribed to the foregoing vacation deed as having eiecuted the some respec-
tively as President and Secretary of The Gill-Decker Improvement Company, a corporation, and
who ais known to Ise to be stash offisers respectively, appeared before an this day in person,
and severally acknowledged that the seal affixed to the foregoing instrument is the Corporate
- .Seal of said corporation; that the sane was tbereunte affixed by the authority of said corpor-
ation; that said instrument was by lite authority subscribed with its corporate name; that the
- ' said W H Gill is the President of said oorperation and the said R J Decker Is Secretary there-
f.o . that by the authority of said corporation they respectively eabsoribed their nerles there-
to as President and Secretary, and that they signed sealed and delivered the said instrument
of writing as their free and voluntary set and deed, and as the free and voluntary act and
- ' deed of said Corporation for the uses and purposes therein set forth.
Given under sy hand and Notarial Seal this 12th del of Month, 1920. .
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,,,----- My emenission expires Feb 15th 1923
( Louis E Wyatt
v \ N Notary Public
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