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Home My WebLink About20200668.tiffWEL Y �� a 2 �� =02 IN THE MATTER OF REPEALING AND REENACTING, >=:`ITH AMENDMENTS, CHAPTER 17 PUBLIC PLACES AND CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY WELD, STATE OF CLORADO® WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorad., and WHE EAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHE'E S, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. THEREF RE, BE IT ORD ICED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 17 PUBLIC PLACES -ge ARTICLE VU - vac 1 of Road Right -of -Way by s ..rd of County Commissioners,. Repealed and OS e TVs Ses. _�- .� e 1 . i� f h j� 'y� �1 ° ,r 9 2'�, %r" i e n° n- ` 'JF o -�i t vCo 9 0 a n i r n 'fie 9• 'he p ur'o-9 '�+9-' o lS^e 4 lu o f- s- fi n E �2 f tz `a au ti. V -o e�6r�e 4 S `�c •- w�l d t+ "f - h nt �}y ✓ �"- a v$t--- roc.' U ro-a a . h t f- w -a- B . ec' , '- '4a-nc e v1, a a� a .,ECG' --- - tl lS i- 2of- 4 3 -C -R _ . Qom.-- A. a-a-r-r-i vacate a-pub-i-ic road d right -of- v- ae ti n, 1-4 is yr i-nes .-tobe4 e Count as be --in rest, o -E p n --a -d-owner. 'se -- Plea A e- -ten (i-Q-)-4E Co-P&acJ Sr v a sa ti 0 -i ro r v o-PAi- h e - -pinnoc4 -t e--fineseu ` .-g-atANhich this -Boa -Pei -of -Count -ern-V ` i rm e s-4E4o -an_A public loo `-`�.H"' � _ �� ' + • � P �;° ,� 9 k � �-�, = �� road d -4!t- h d ��,�-� =wa , th � o �, he-& o- .l-° persons oa'-ing--iard-a 0Pe;reo tw s nty- o Face -n -t -t -o --the ro a -t e v- . red . T is _ n 1��h ati }-y a- -- -- s S ce i-t Clerk to the Boar -1 r the -m --gar PAGE 1 2020-0668 ORD2020-02 to he Department of Planning Ser comments. . The resolution vacati and Recorder. ent of Public Ld jay that -b -orders anothe 1 B. No public -road right-of-way may b h, pu-alic road or private easement. C. The resolution vacat- -g -e--p-u- for existing se water o Delete APPENDIX 17-A, in its entirety. Add ART CHAPTER 8 PUBLIC WORKS CLE XVI - Vacation of Road MOM-of-UVay by lo erk boundaries of an incorporated commissioners out access saef-way or easements for ditcbre icipality. oar of County Corranis&oners Sec 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 Pad 3 of Article 2 of Title 43, C.R.S. Sec. 8-16-20. Procedure. A. The Board of County Commissioners may vacate a public road right-of-way by resolution, 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 Board. B. 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. 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 Clerk to the Board shall refer the matter to the Department of Planning Services and the Department of Public Works for review and comments. C. The resolution vacating the public road right-of-way shall be recorded with the County Clerk and Recorder. D. Upon vacation of the public road right-of-way, title to the land snail vest in the adjacent landowners pursuant to the provisions of C.R.S. §43-2-302. PAGE 2 2020-0668 ORD2020-02 Seca 8016-30. Limitations. A. No public road right-of-way that borders another county or the boundaries of an incorporated municipality may be vacated without the resolution of the Board of County Commissioners and the consent of the governing body of the other county or municipality. B. No public road right-of-way may be vacated if any adjoining property would be without access by either public road or private easement. C. The resolution vacating the public road right-of-way shall reserve rights -of -way or easements for existing sewer, gas, water or similar appurtenances, for ditches or canals and appurtenances and for electric, telephone and similar lines and appurtenances. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2020-02 was, on motion duly made and seconded, adopted by the following vote on the 6th day of April, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board Steve Moreno, Pro-Tem BY: Deputy Clerk to the Board Scott K. James APPROVED AS TO FORM: Barbara Kirkmeyer County Attorney Kevin D. Ross Date of signature: PAGE 3 2020-0668 ORD2020-02 First Reading: Publication: February 24, 2020 March 4, 2020, in the Greeley Tribune Second Reading: March 16, 2020 Publication: March 25, 2020, in the Greeley Tribune Final Reading: April 6, 2020 Publication: April 15, 2020, in the Greeley Tribune Effective: April 20, 2020 PAGE 4 2020-0668 ORD2020-02 Petition for Vacation of Road, Street or Alley Right -of -Way Submittal Checklist Application Requirements: The applicant shall submit the petition application fee and the required application as follows: One original application form. One digital or electronic copy of completed application materials, if required. One copy of a certified list of the names, addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property adjacent to the road, street or alley considered for vacation. This list shall be compiled from the records of the Weld County Assessor, the Weld County website, WWW.co.weld.co.us or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the office of the Clerk of the Board, 1150 0 Street, P.O. Box 758, Greeley, CO 80632. One original written explanation of the application and reason for proposing the right-of-way vacation. Application fee. APPLICATION FHKK HEARINGS/MEETINGS $216.00 PROCI-IIS SIN G TIIv11--�1 Weld County Board of County Commissioners 60 days Utility Advisory Board, if applicable Fees are nonrefundable and due at time of application submittal to the office of the Clerk to the Board. Fees are set by the Board of County Commissioners by resolution. County staff is not authorized to negotiate fees and cannot, under any circumstance, change, reduce or amend the fees set forth in the Weld County Code. PAGE 5 2020-0668 ORD2020-02 Petition for Vacation of Road, Street or Alley Right -of -Way Description of right-of-way (include general description as well as Section, Township, Range): Petitioner of the property (if additional space is required, attach an additional sheet): Name: Work Phone # Home Phone # Email Address Address: City/State/Zip Code List all adjacent landowners (if additional space is required, attach an additional sheet): Name: Address: Parcel: Applicant or Authorized Agent (see below: Authorization must accompany applications signed by Authorized Agent) : Name: Work Phone # Address: Home Phone # Email Address City/State/Zip Code Utilities/Easements Existing utilities, including but not limited to oil and gas pipelines, sewer, gas, water or similar pipelines and appurtenances, ditches or canals and appurtenances, and electric, telephone and similar lines and appurtenances within the right-of-way or holding a recorded interest to use or cross this right-of-way include: Districts School: Fire: Post Office: PAGE 6 2020-0668 ORD2020-02 Jurisdiction [ ] This right-of-way is located exclusively within the unincorporated areas of the County. [ ] This right-of-way forms a boundary with another county, state or incorporated municipality: ** ** A public right-of-way that borders another jurisdiction may not be vacated without the approval of both :he Weld County Board of County Commissioners and the governing body of the other jurisdiction. Affirmation By submitting this application, all undersigned Petitioners understand and agree that the Board of County Commissioners may approve or deny the petition in whole or in part; reserve any and all current utilities, easements and other encumbrances currently existing on the right-of-way; impose other provisions as the Hoard deems appropriate. Petitioner(s) agree to abide by the Board's resolution vacating the right-of-way and to pay for all costs associated with the vacation, including publication, notice and recording the resolution with the Weld County Clerk and Recorder. Petitioner(s) affiuii that they have complied with Article VII of Chapter 17 of the Weld County Code and with Article 3 of Title 42, C.R. S. Petitioner(s) understand that title to any vacated right-of-way will vest with the adjacent landowners pursuant to state law. We, the undersigned citizens and real property; owners of Weld County, Colorado, hereby petition that the road right-of-way described herein be declared abandoned and vacated by Weld County. I (We) hereby depose and state under penalties of perjury that all statements, proposals and/or plans submitted wits or contained within the application are true and correct to the best of my (our) knowledge. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date PAGE 7 2020-0668 ORD2020-02 Application Assistance and Office Locations Weld County Planning and Zoning Department of Planning Services 1555 N 17th Avenue Greeley, CO 80631 970-353-6100 x3540 Web link — WWW. co.Weld.co.useDepartments/PlanningZoning Weld County Building Inspection Department of Planning Services 1555 N 17th Avenue Greeley, CO 80631 970-353-6100 x3540 Web link — www.co.weld.co.us/Departm.ents/PlanningZoning Water Wells — State of Colorado Division of Water Resources 1313 Sherman Street Room 818 Denver, CO 80203 303-866-3581 Division of Water Resources 810 Ninth Street 2nd Floor Greeley, CO 80631 970-352-8712 Web link — www.water.state.co.us Geological — State of Colorado Colorado Geological Survey Division of Minerals and Geology 1313 Sherman Street Room 715 Denver, CO 80203 303-866-2611 Web link — www. geosurvey.state.co.us Weld County Clerk to the Board 1150 O Street PO Box 758 Greeley, CO 80632 970-336-7215 Web link — wiv .co.weld.co.us. Departments/Commissioners! ClerktotheBoard Weld County Department of Public Works Department of Public Works 1111 H Street Greeley, CO 80631 970-356-4000 x3 750 Web link — www. co . w eld. co.us/Depart vents/Public\ orks Colorado Highways Colorado Department of Transportation 1420 Second Street Greeley, CO 80631 970-353-1232 Web link — ww.coloradodot. info/ Weld County Septic Permits Department of Public Health and Environment 1555 N 17th Avenue Greeley, CO 80631 970-304-6415 Web link - www.co.weld.co.us/Departments/HealthEnvironment Soil Conservation Districts Big Thompson (Fort Collins) — 970-223-0960 Boulder Valley (Longmont) — 303-776-4034 Centennial — 970-522-7554 Fort Collins — 970-221-0611 Longmont — 303-776-4034 PAGE 8 2020-0668 ORD2020-02 Morgan - 970-867-9659 Platte Valley (Brighton) — 303-659-7004 Southeast Weld (Brighton) — 303-659-7004 West Adams (Brighton) — 303-659-7004 West Greeley — 970-356-6506 Web link — WWW.cacd.conn. Weld County Attorney's Office 1150O Street PO Box 758 Greeley, CO 80632 970-336-7235 Web link — www.co.weld.co.usIDepartments/CountyAttorney Affidavit of Interest Owners Surface Estate Property Legal Description: THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) adjacent to the road, street or alley considered for vacation. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Clerk of the Board. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signature Date Signature PAGE 9 Date Signature Date 2020-0668 ORD2020-02 Hello