HomeMy WebLinkAbout20220565.tiffHEARING CERTIFICATION
DOCKET NO. 2022-23
RE: PETITION TO VACATE A PORTION OF COUNTY ROAD 33 WITHIN UNION PACIFIC
RAILROAD RIGHT-OF-WAY NEAR OR ADJACENT TO U.S. HIGHWAY 85, SUBJECT
TO DEDICATED AND RECORDED EASEMENTS AND RIGHTS -OF -WAY -
WELD COUNTY DEPARTMENT OF PUBLIC WORKS
A public hearing was conducted on February 16, 2022, at 9:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Houstan Aragon
County Attorney, Bruce Barker
Department of Public Works representative, Elizabeth Relford
The following business was transacted:
I hereby certify that pursuant to a notice dated February 4, 2022, a public hearing was
conducted to consider the Petition of the Weld County Department of Public Works to vacate a
portion of County Road (CR) 33 within Union Pacific Railroad right-of-way near or adjacent to
U.S. Highway 85, subject to dedicated and recorded easements and rights -of -way. Bruce Barker,
County Attorney, made this a matter of record.
Elizabeth Relford, Department of Public Works, presented a brief summary of the petition
and introduced Lance Kippen, with Rail Pros on behalf of Union Pacific Railroad (UPRR), and
Chad Hall, representing the Colorado Department of Transportation (CDOT). Ms. Relford stated
they are seeking approval to vacate CR 33 right-of-way, located within the Union Pacific
right-of-way.
Ms. Relford briefly gave historical background, and stated she has been working on this
project, since 2016, when UPRR provided an extensive list of more than 60 closures they wanted
to have happen along the U.S. Highway 85 corridor pertaining to safety concerns. Ms. Relford
explained the list was narrowed down to 29 crossings, and the Purchase and Sales Agreement
settled on 12 locations, with nine (9) of those locations being completed already. She stated
today's presentation addresses CRs 33 and 44, leaving O Street (CR 64) to be the last remaining
location to be considered.
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EG0080
HEARING CERTIFICATION - PETITION TO VACATE A PORTION OF COUNTY ROAD 33 -
WELD COUNTY DEPARTMENT OF PUBLIC WORKS
PAGE 2
Ms. Relford stated the application for this specific location was submitted to the Public
Utilities Commission (PUC) on April 28, 2021, which was approved on July 14, 2021. She stated
Weld County has been working with CDOT on the U.S. Highway 85 Access Control Plan since
1999, with Intergovernmental Agreements (IGA) with all 12 entities along the corridor for this
Access Control Plan to maintain the safety improvements. Ms. Relford further stated the
Highway 85 Coalition was created to help ensure the functionality of this corridor and energize
working with CDOT for safety improvements. Ms. Relford continued to state more recently, in
2017, this has developed into the U.S. Highway 85 Planning and Environmental Linkages (PEL)
Study. Ms. Relford stated the original lease of U.S. Highway 85 was dated back to 1923 with Weld
County, and CDOT took over that lease with the UPRR in 1957, and that is when they took over
the U.S. Highway 85 Corridor. She noted this lease has since been terminated, effective
December of 2006, with CDOT and UPRR seeking a resolution in the subsequent 12 years, due
to 40 miles of the corridor being in the UPRR right-of-way. Weld County, CDOT, and UPRR have
come together to resolve the issues that remain, thus CDOT will have full ownership of the right-
of-way for 40 miles along the U.S. Highway 85 corridor, with UPRR having full access to identify
and mitigate capacity impairments, maximize sighting locations, and not block municipal
crossings as frequently. Commissioner Freeman commented that CR 44 is still blocked
frequently.
Ms. Relford stated Weld County has the authority to vacate the right-of-way, per State
statute, and staff has made sure that there are no utilities impacted or residents without access
to their properties. Ms. Relford clarified the County will still maintain the roads up to the CDOT
right-of-way, with the intent to have turn arounds and other improvements related to the Peckham
Improvement Project still to be accomplished. She further stated that staff conducted public
meetings concerning this matter, sent out notices to landowners within 500 feet, and referrals to
agencies in the area, with no responses from the Soil Conservation District or the Town of Gilcrest,
with all others having no concerns.
Ms. Relford reiterated that the request today is for CR 33 and briefly described the
dimensions of the requested vacation and displayed aerial photos and construction plans of the
location in Peckham, with approximately 303 vehicles per day on CR 33 and 23% being trucks.
Ms. Relford stated the Department of Public Works supports the petition and requests the Board
to Vacate portions of CR 33 Public Road Right -of -Way within the Union Pacific Railroad
Right -of -Way, contingent upon the construction of the Peckham Improvement Project.
No public testimony was offered concerning this matter.
Commissioner Freeman commented on the continued support from UPRR and CDOT, and
moved to approve the Petition of the Weld County Department of Public Works to vacate a portion
of County Road 33 within Union Pacific Railroad right-of-way near or adjacent to U.S. Highway 85,
subject to dedicated and recorded easements and rights -of -way. The motion was seconded by
Commissioner Buck, and it carried unanimously. Commissioner Moreno commented on the
discussion that has taken place over the years concerning this project among the agricultural farm
owners in that area, and stated he appreciates CDOT working with them and the County. There
being no further discussion, the hearing was completed at 10:04 a.m.
2022-0565
EG0080
HEARING CERTIFICATION - PETITION TO VACATE A PORTION OF COUNTY ROAD 33 -
WELD COUNTY DEPARTMENT OF PUBLIC WORKS
PAGE 3
This Certification was approved on the 2nd day of March, 2022.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST:
Sc tt K. James, Chair
2022-0565
EG0080
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