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Home My WebLink About20240321.tiffHEARING CERTIFICATION DOCKET NO. 2024-15.A RE: PETITION FOR VACATION OF A PORTION OF COUNTY ROAD 41 BETWEEN COUNTY ROADS 6 AND 4 - BNSF RAILWAY COMPANY AND ALAN AGNEW A public hearing was conducted on February 21, 2024, at 9:00 a.m., with the following present: Commissioner Kevin D. Ross, Chair Commissioner Perry L. Buck, Pro-Tem Commissioner Mike Freeman — EXCUSED Commissioner Scott K. James Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick County Attorney, Bruce Barker The following business was transacted: I hereby certify that pursuant to a notice dated February 9, 2024, a public hearing was conducted to consider the request of BNSF Railway Company and Alan Agnew for a Petition for Vacation of Right -of -Way for a portion of County Road 41 between County Roads 6 and 4. Bruce Barker, County Attorney, made this a matter of record, then he summarized the vacation request is for 1,350 feet of right-of-way as depicted on the displayed diagram, and reviewed the adjacent landowners, impacted surrounding property owners (SPOs), and all other noticed entities. IR Jacob Woods, attorney representing BNSF Railway Company ("BNSF"), introduced BNSF representatives Gary Laffoon, Director of Economic Development, and Tyler Kuzee, Engineering Manager. Mr. Woods explained the reasons for the vacation request and stated the portion of County Road (CR) 41, north of CR 6 and south of CR 8, is the Colorado Department of Transportation's (CDOT) right-of-way, so BNSF will be petitioning them separately and that process could take a year or longer. He explained BNSF is close to completing acquisition of the properties necessary for the development of an intermodal facility and stated BNSF is committed to ensuring the SPOs still have means of ingress and egress. He explained BNSF plans to work with the County as to a future effective date for the petition and requested a two-week continuance of this hearing until March 6, 2024, for internal deliberation as to specific timing for the effective date of the vacation request. Commissioner Saine expressed her gratitude that BNSF is willing to continue the matter to resolve timing issues. There being no further questions for the applicants, Chair Ross invited the interested municipalities to speak. Bryce Lange, Town of Hudson Manager, stated the Town is not in opposition to the Petition; however, they would like to settle the conflicting annexation with the Town of Lochbuie prior to the vacation taking effect. cc: CAcI33), PwxcH/04-I) 03/Ill ay 2024-0321 EG0082 HEARING CERTIFICATION - BNSF RAILWAY COMPANY AND ALAN AGNEW PAGE 2 Joe Hammock, Mayor of the Town of Hudson, requested postponement of the hearing for two (2) to three (3) months to continue to work with the Town of Lochbuie regarding the aforementioned annexation. A.J. Euckert, Town of Lochbuie Manager, stated the Town is not in opposition to the Petition, but also requests a continuance to allow the Towns and BNSF to make the project successful for both municipal communities, the region, and the County. Trace Worth, Town of Hudson resident, explained his property's proximity to County Road 41 and relayed his frustration regarding the vacation of right-of-way and BNSF's proposed intermodal facility, which will impact traffic in the area. In response to Mr. Worth's request for the Commissioners' assistance, Commissioner Saine stated the impact to Mr. Worth is of importance to the Board. Ed Dumph, Town of Hudson resident, requested a continuance for the populace that will be affected by the vacation to have an opportunity to comment. Mr. Dumph explained the impact of the vacation to himself and his family, and stated if the vacation is approved, it will close two (2) of his existing accesses. He also stated the vacation will result in a monetary loss for him and emergency services will no longer be able to access his property. Additionally, Mr. Dumph said he doesn't understand what will happen at the dead-end of his property, which is where the vacation will occur. There being no further public comments regarding the Petition or continuance request, Chair Ross opened deliberation to his fellow Commissioners. In response to Commissioner Saine, Mr. Woods stated BNSF is committed to working with local authorities and local jurisdictions to ensure that optimal access and emergency services are preserved, and explained CR 45 will remain open. Commissioner Saine expressed concerns regarding reports of properties in disrepair and partially demolished with people living within them, as well as trash being dumped on the properties. In further response to Commissioner Saine, Mr. Woods relayed BNSF has a team working with outside contractors to address demolitions. Mr. Laffoon stated BNSF is having the local electric provider disconnect vacant properties so BNSF can have them safely demolished. In response to Commissioner Saine, Mr. Kuzee stated he doesn't know the specific timeframe for demolition completion, but that work is underway. Mr. Woods explained the properties were acquired at a staggered timeline, which affects the remediation process, and addressing these concerns is of importance to BNSF. Commissioner Saine discussed the urgency due to potential for animal infestation, trash compiling, and unsafe loitering. Commissioner James moved to continue the Petition for Vacation of County Road 41 between County Roads 6 and 4, to March 6, 2024, at 9:00 a.m. Commissioner Saine repeated the request of the Town of Hudson for the continuance to be for three to four months and Mr. Woods stated two weeks will be an appropriate amount of time. The motion was seconded by Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing was completed at 10:25 a.m. 2024-0321 EG0082 HEARING CERTIFICATION - BNSF RAILWAY COMPANY AND ALAN AGNEW PAGE 3 This Certification was approved on the 6th day of March, 2024. 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