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• ,,, WELD COUIIT't'January 24 . 1995
1995 trEo, - 1 MI ir: 14
Jacob and Shirley L. Miller
30984 WC Rd . 61 CLERK
Gill . 80624 Q
Colorado "•
and of County Commissioners
= . 0 . Box 758
reeley , Colorado 80631 -
,;e respectfully
Y_Tectfully request that the South 30 feet of the
estSection 31 Township 6 Range 63 be vacated .
The above described one-half mile east of Rd. 62 has not
been open or used and lies at the South end of our farm.
e appreciate your prompt action.
Sincerely ,
.Jacob i,aller , Jr�
HI n
Slc -ley L . i,!iller •
•
•
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950737
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OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE(303)356-4000, EXT. 4200
I FAX(303)352-0242
P.O. BOX 758
CGREELEY, COLORADO 80632
•
COLORADO
March 27, 1995
Jacob and Shirley Miller
30984 WCR 61
Gill, CO 80624
RE: Request for a Vacation of a Portion of WCR 62
Dear Mr. and Mrs. Miller:
The Board of County Commissioners of Weld County, Colorado, has considered your request of a
portion of WCR 62.
Enclosed is a copy of a Memorandum from David Becker, Project Manager, Weld County
Department of Public Works. As you can see, Mr. Becker recommends denial of your request for
the reasons as stated in his Memorandum.
The Board of County Commissioners agrees with Mr. Becker and will deny your request. If you
have any questions regarding this letter or the enclosed copy of Mr. Becker's Memorandum, please
feel free to call either Bruce T. Barker, Weld County Attorney, at 356-4000, extension 4390 or
Mr. Becker at 356-4000, extension 3750.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
Dale K. Hall, Chairman'
Enclosure
pc: Bruce Barker
Dave Becker
950737
mEmoRAn®um
arn
WIDc. To Bruce T. Barker, County Attorney
Date March 9, 1995
COLORADO na Dave Becker, Project Manager C Pi
From g
Request from Jacob and Shirley Miller for the Vacation
Subject: of a Portion of WCR 62
In reviewing this request, we found it necessary to first develop the attached sketches, which
indicates the ownership of properties to the east of the intersection of WCR 62 and WCR 61. A gas
well has been installed within the 30 ft. right-of-way south of the section line and immediately
adjacent to the intersection of WCR 61 and WCR 62. There is an oil well with storage a tank that
is 200 to 300 yards to the east of the gas well and similarly situated within the 30 ft. right-of-way
south of the section line. Access to the oil well facilities was constructed across the Miller property
in a northwest-southeast direction making a connection to WCR 61. The access road connects to
WCR 61 several hundred yards north of the intersection with WCR 62. The section corner was
located. The field fence between sections 31 and 6 was constructed on the southern right-of-way line
(being 30 ft. south of the section line).
The ownership of the land within three miles of WCR 61 is shown on the attached sketch. The status
of lease rights on land owned by the State of Colorado and the Colorado Department of
Transportation is not known. The intersection of WCR 61 and WCR 62 represents the eastern
boundary of the County road network. Open range land lies to the east. Unimproved roads provide
access to the oil wells situated along the section line. Extending WCR 62 to the east is not likely
in the immediate future. Of particular concern is the existence of the oil/gas facilities situated within
the right-of-way normally reserved for road construction. Abandonment of the easement reserved
across the Miller's properties will leave the County with a 30 ft. right-of-way, which encroaches
upon section 6 and also contains the oil/gas wells previously mentioned.
In a phone conversation with Mrs. Miller on Friday, February 24, she indicated that they are
concerned with the oil truck traffic utilizing the access road across their lands to service wells on
adjoining properties to the west. Alternative access roads are available to service oil/gas facilities
on adjoining land.
•
The abandonment of the right-of-way to the Miller's property, as requested,will give them no greater
ability to restrict oil/gas traffic than they currently have. The abandonment of the right-of-way
would eliminate any future potential of extending WCR 62 to the east since there are oil/gas wells
situated in the 30 ft. right-of-way, which lies south of the section line. For these reasons, the
Department would recommend for denial of the request.
Comments regarding the rights of mineral owners to gain ingress and egress over the surface is
deferred to your office.
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i n 950737
+ ram mEmoRAnDum
To Board of County Commissioners Date March 23, 1995
COLORADO From Bruce T. Barker, Weld County Attorney
sohiect Request for Vacation of a Portion of WCR 62 from Jacob and Shirley Miller
Attached is a copy of a letter which I received from Jacob and Shirley Miller. They request to have
a portion of WCR 62 vacated. Attached is a Memorandum from Dave Becker,Project Manager for
the Department of Public Works,which addresses the Miller's request. Mr.Becker recommends that
the Board of County Commissioners deny their request.
I recommend that the Board authorize the chairman's signature on the attached letter.
C j
ce T. Batter
Weld County Attorney
BTB/db:wcr62
Attachment
aciar:
BAXTER 41/I
HALL
HARBERT
KIRKMEYER
WEBSTER
950737
•
W c 2 lP '
mEm®RAnDum
To George Cicoff c� Date February 9, 1995
COLORADO From Bruce T. Barker, County Attorney
Request From Jacob and Shirley Miller for the Vacation of a Portion
Subject: of WCR 62
Attached is a copy of a letter which the Board of County Commissioners received on February 1,
1995 from Jacob and Shirley Miller which requests the vacation of 30' of right-of-way along WCR
62. The portion of WCR 62 which is at issue is the south 30' of the west half of Section 31-6-63.
Please review this request and let me know your thoughts relative to whether this portion of WCR
62 may be vacated and the effect of such vacation on Weld County's transportation plan.
N
BTB/gb:cicoff
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Attachment
3
pc Clerk to the Board
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950737
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