HomeMy WebLinkAbout20211423.tiffCHAPTER 8 - Public Works
ARTICLE XVI Vacation of Road Right -of -Way by Board of County Commissioners
ARTICLE Vacation of Road Right -of -Way by Board of County Commissioners
Sec. 8-16-10.- Purpose and intent.
The purpose and intent of this Article is to authorize the Board of County Commissioners to
vacate a public road right-of-way in accordance with Part 3 of Article 2 of Title 43, C.Q.S.
(1/Veld County Code Ordinance 2020-02)
Sec. 8-10-20. Pmeacluce rocedures.
The Board of County Commissioners may vacate a public road right-of-way by cResolution.,
if the Board determines it to be in the County's best interest, or upon application of an
interested landowner submitted to the Clerk to the oardDepartrnent of Public Works;
however, if the proposed vacation of public road right-of-way is within a historic townsite or
subdivision, an application shall be submitted to the Department of Planning Services for a
Resubdivision, pursuant to Chapter 24, Article 9, of the Weld Count Code.
(Weld County Code Ordinance 2021-11)
Sec. 3-10-30. Vacations of public road rights -of -way not w5 nin historic townsites or subdivisions.
A. Complete petitions for vacation of public road rights -of -way not within historic townsites : ,r
subdivisions accepted by the Department of Public Works shall include:
1. A complete Petition Application signed by the petitioner with an accurate legal descr iption
of the ric ht -of -way requested to be vacated.
2. If an authorize agert is representing the petitioner, an Authorized Acent Form must be
submitted with the application.
3. Affidavit of Interest Owners Form has been completed and signed bvpetitioner, authorized
agent, and all interested property owners (if applicaole).
4. A list of all adjacent properb owners within 500 feet or lam, owners who are not directlty
adjacent, but may be affected due to usage of the right-of-way.
P.
5. Provide evidence of existing utility information.
Within two (2) weeks of receiving corn Dieted petition the Department of Public Works, in
collaboration with the Clerk to :he Board's Office, will send referral requests to the
Department of Planning Services, Department of Public Health and Environment, Sheriffs
Office, the fire district, the ambulance service, emergency responders, neighboring
rnunicioalities, and utility companies. The respective departments and agencies have a
cminimum of three (3) weeks to review the petition and submit comments.
',C. Within six (6) weeks of the petition being received, and at least ten (10) days prior to the
meeting at which the Board of County Commissioners is to consider vacating any public road
right-of-way, the Clerk to the Board shall mail notice of the meeting to all persons owning
land adjacent to the roadway to be vacated, including any landowner who tie Deoartment of
Public Works reasonaboy determines may use the right-of-wa proposed to be vacated to
Created: 2021-05-03 14:19:07 [ESTI
(Sapp. No. 70)
2021-1423
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CHAPTER 8 - Public Works
ARTICLE XVI Vacation of Road Right -of -Way by Board of County Commissioners
access their property. This notice shall not be required if the public road right-of-way has not
been used as a roadway for at least twenty-one (21) years or since it was established. The
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De-partment of P'uubl-i-c'Aef-k-s fay=pe-\e and- n Tents. Inadvertent errors by the Department
of Public Works in determining who should receive such notice, or by the Clerk to the oare 's
Office in sending such notice, snail not create a jurisdictional defect in the process, even if
such error results in the failure of a property owner to receive such notification.
go. The resolution vacating the public road right-of-way shall be recorded with the County Clerk
and Recorder.
:F . Upon vacation of the public road right-of-way, title to the land shall vest in the adjacent
landowners pursuant to the provisions of C.R.S. §-43-2-302.
(Weld County Code ordinances 2020-02 and 2021-11)
Sec. 3-16-340.--Lin4akms-- Requirements.
A. Petitioner shall pay an application fee, pursuant to Article VU, Permits and Fees — Appendix
5-M Department of Public Works Perm it Application Fees.
B. The Board of County Commissioners may approve or deny any request to vacate public road
right-of-way as it determines to be in the best interests of the County. The Board may consider
any information or evidence it determines appropriate, includi'ut not limited
following, to be provided by the Department of Public Works:
1. Existing and future access] and
2. Whether the right-of-way is a maintained or non -maintained public road, and
3. What the road classification is as identified on the county's current functional classification
map, and
Whether there is enough information to determine if the public needs this right-of-way in
the future for items such as utility eases gents, etc. A title commitment or land survey plat
may be required.
AC. No public rad right-of-way that borders another county or the boundaries of an incorporated
municipality may be vacated without the rResolution of the Board of County Commissioners
and the consent of the governing body of the other county or municipality.
BD. No public road right-of-way may be vacated if any adjoining property would be without access
landlocked) )_by either public road or private easement.
CE. The rResolution vacating the public road right-of-way shall reserve rights -of -way or
easements for existing sewer, gas, water r similar appurtenances, for ditches or canals and
appurtenances, and for electric, telephone and similar lines and appurtenances.
(Weld County Code Ordinances 2020-02 and 2021 A 1)
to the
Created: 2021-05-03 14:19:07 [EST]
(Supp. No. 70)
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