HomeMy WebLinkAbout20240456.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING PETITION FOR VACATION OF A PORTION
OF COUNTY ROAD 41 BETWEEN COUNTY ROADS 6 AND 4 - BNSF RAILWAY
COMPANY AND ALAN AGNEW
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 21st day of
February, 2024, at the hour of 9:00 a.m., to consider a Petition for Vacation of Right -of -Way from
BNSF Railway Company, P.O. Box 961089, Fort Worth, Texas 76161-0089, and Alan Agnew,
P.O. Box 12174, Denver, Colorado 80212-0174, requesting vacation of a portion of right-of-way
for County Road 41, being more fully described as follows:
The public road right-of-way lying thirty (30) feet on
either side of the section line, commencing at the
NE1/4 of Section 29 and the NW1/4 of Section 28,
Township 1 North, Range 65 West of the 6th P.M.,
Weld County, Colorado, lying south of County
Road 6 right- of -way and extending 1,350 feet south
along County Road 41
WHEREAS, the Board heard all of the testimony and statements of those present and
reviewed the request of the applicant, BNSF Railway Company, for a continuance, and having
been fully informed, found that the request be approved and the matter be continued to March 6,
2024, at 9:00 a.m., to allow BNSF Railway Company adequate time to discuss the impact of the
vacation with the Towns of Lochbuie and Hudson, and
WHEREAS, on March 6, 2024, the Board heard all of the testimony and statements of
those present and reviewed the request of the Town of Hudson for a continuance, and having
been fully informed, finds that this request be approved and the matter should be continued to
May 8, 2024, at 9:00 a.m., to allow BNSF Railway Company adequate time to discuss the impact
of the vacation with the Towns of Lochbuie and Hudson, and the surrounding property owners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to May 8,
2024, at 9:00 a.m.
cc.:CAC1;36),PW(CH(DH/DO/ot /S6),
A PPS i APPl- RV -.5
O3/V-4 18`'1
2024-0456
EG0082
CONTINUE VACATION OF A PORTION OF COUNTY ROAD 41 BETWEEN COUNTY ROADS 6
AND 4 - BNSF RAILWAY COMPANY AND ALAN AGNEW
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of March, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTDO
ATTEST: /�� �� < jejo
Weld CountyClerk to the Board
BYC-Jet.7.Gf 7 v` w-031lJc
Deputy Clerk to the Board
ounty -ar`"ney
��1 3I Z�
Date of signature:
K
oss, Chair
,C)/(4/,‘
Perry L. B
Pro-Tem
314-0--,----
MikeFreeman
Scott K. James
Saine
2024-0456
EG0082
Exhibit Inventory Control Sheet
Petition to Vacate Road Right -of -Way — BNSF Railway Company and Alan Agnew
Exhibit Submitted By Description
A. Matt Cole Email of Correspondence (received 3/4/2024)
Joe Hammock, Mayor of
B. the Town of Hudson Email of Correspondence (received 3/4/2024)
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
Q.
P.
Q.
R.
S.
T.
U.
V.
W.
2024-0456
From: Esther Gesick
To: Chloe White
Subject: Fwd: vacation of WCR 41
Date: Tuesday, March 5, 2024 7:30:55 AM
Begin forwarded message:
From: Matthew Cole <colediesel72@yahoo.com>
Date: March 4, 2024 at 10:19:26 PM MST
To: Esther Gesick <egesick@weld.gov>
Subject: vacation of WCR 41
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
hello,
As a resident of Hudson, I am asking the county to hold off on the potential
vacation of WCR 41. Weld county should delay action until the conflicting
annexations between Hudson and Lochbuie are resolved. I believe the 2 towns
will work something out. By the county stepping aside and delaying will show
that the county is not taking sides and keeping it a local issue between the
two towns.
Matt cole
hudson colorado
From: Esther Gesick
To: C sloe Whig
Subject: Fwd: BNSF Request to Vacate a Portion of WCR 41
Date: Tuesday, March 5, 2024 7:30:26 AM
Begin forwarded message:
From: Joe Hammock <jhammock@hudsoncolorado.org>
Date: March 4, 2024 at 6:57:36 PM MST
To: Esther Gesick <egesick@weld.gov>
Subject: BNSF Request to Vacate a Portion of WCR 41
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Weld County Board of County Commissioners,
As Mayor, and on behalf of the Town of Hudson. I write to you to respectfully
request that the Weld County Board of County Commissioners ("WC Board")
delay any decision you might make on BNSF's request to vacate a portion of
WCR 41 ("BNSF's Request".)
As you are aware, there are pending applications for annexation for the portion
of WCR 41 that is the subject of BNSF's Request. These pending applications
are for both the Town of Hudson and the Town of Lochbuie. As a result, there
is a court -ordered abeyance of any annexation proceedings by either
municipality.
If BNSF's Request were approved, it would merely reduce the size of
Lochbuie's proposed annexation. Whereas BNSF's Request would
completely break the Town of Hudson's contiguity for its pending "MSLCAT"
annexation. If this were allowed by the County, the Town of Hudson's
annexation would be blocked, yet it would allow the majority of Lochbuie's
proposed South Weld Holdings annexations No. 2 and No. 3 to proceed.
Further, if BNSF's Request is allowed, in order for Hudson to proceed with its
MSLCAT annexation of the property in question, it would require Hudson to
reestablish contiguity through another right-of-way.
Hudson and Lochbuie have been holding discussions and are striving to
resolve the conflicting annexations amicably. If BNSF's Request is approved
by the WC Board, this would drastically complicate Hudson's and Lochbuie's
joint planning boundary. and negotiations between the Towns would be
impacted.
In addition, if the conflicting annexations between Hudson and Lochbuie cannot
be resolved through negotiation, they would need to be resolved through a
court -ordered election of property owners. It is the Town of Hudson's view that,
absent a negotiated solution, the impacted property owners along the
petitioned right-of-way should make the choice of whether Lochbuie or
Hudson's proposed annexation of the rights -of -way should prevail.
BNSF is seeking to vacate the adjoining right-of-way to the North of the
property in question. CDOT's permission will be required for this vacation to
take place. This process with CDOT removes the urgency for a decision on
BNSF's Request regarding WCR 41. Namely, at the February 21, 2024 WC
Board Meeting, BNSF specifically mentioned that it could take up to a year for
CDOT to make a decision on the adjoining right-of-way.
Taking this into account, any value BNSF sees in its request to vacate the
proposed portion of WCR 41, is unattainable without first receiving CDOT's
agreement to vacate its adjoining right-of-way to the North.
The impact of the WC Board's decision on BNFS's Request, is considerable to
all parties involved. The Town of Hudson appeals to the WC Board and asks it
to consider the impact their decision will make. The Town of Hudson further
respectfully requests that the WC Board delay making any decision on BNFS's
request to vacate a portion of WCR 41 for a minimum of 60 days.
Thank you for your consideration.
Joe Hammock
Mayor
Town of Hudson
Email: jhammock@hudsoncolorado.org
Hello