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Home My WebLink About20200670.tiffWELD COUNTY CODE CHAPTER ° r' ARTICLE V-II-XVI - Vacation of Road Right -of -Way by Board of County Commissioners. Sec. 178-716-10. - 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.R.S. (Weld County Code Ordinance 2013-14-) Sec. -1-78-716-20. - 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. -See Appen4 x 17-A, Zetit on for Vacation --of 5\110y Right -of -Way 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 shall vest in the adjacent landowners pursuant to the provisions of C.R.S. 43-2-302, G.R.S. (Weld County Code Ordinance 2013-14-) Sec. 1-78416-30. - 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. (Weld County Code Ordinance 2013-14-) WEN -Q -y T -A 2020-0670 0 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 (3 0) 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 FEE HEARINGS/MEETINGS PROCESSING TIME $216.00 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. 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 UtilitiesfEasements 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: 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 the Weld County Board of County Commissioners and the governing body of the other jurisdiction. Affirm ation 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 Board 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) affirm 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 with 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 ,41 a,. ion. la Imps. Pae, Ile •••••• owl) 0.• so •mime .•••••i wee 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.usiDepartments/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. uslDepartments/PlanningZonin g 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 rd 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.www.aeosurvevestate.co.us Weld County Clerk to the Board 1150 0 Street PO Box 758 Greeley, CO 80632 970-336-7215 Web link — itvww .co.w. eld.co.us Departtnents-`Cotnmissioners/ ClerktotheBoard Weld County Department of Public Works Department of Public Works 1111 H Street Greeley, CO 80631 970-356-4000 x3750 Web link — www.co.Weld.co.us/Departments/PublicWorks Colorado Highways Colorado Department of Transportation 1420 Second Street Greeley, CO 80631 970-353-1232 'Web link — WIN W. coloradodot. info,' Weld County Septic Permits Department of Public Health and Environment 1555 N 17th Avenue Greeley, CO 80631 970-304-6415 Web link — w w . Co. w eld. co. us/DepartmentsliealthFnvironment 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 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 — wW-.cacd.corn Weld County Attorney's Office 1150O Street PO Box 758 Greeley, CO 80632 970-336-7235 Web link — w. co.w eld.co.us/Departments, CauntvAttornev 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 Date Signature Date Chloe Rempel From: Sent: To: Cc: Subject: Bob Choate Thursday, January 2, 2020 2:57 PM Chloe Rempel Bruce Barker; Esther Gesick RE: Chapter 17, Article VII, of the Weld County Code - Vacation of Right -of -Way Chloe — I agree it's a good idea to remove the petition from the code appendix since it isn't updated and we don't need to put our applications into the code. We don't need a separate procedural step to determine if the road has been abandoned. It's unlikely to have occurred in most every case. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Chloe Rempel <crempel@weldgov.com> Sent: Thursday, January 2, 2020 12:56 PM To: Bob Choate <bchoate@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: Chapter 17, Article VII, of the Weld County Code - Vacation of Right -of -Way Good afternoon, We started discussing an Ordinance to update the right-of-way vacation portion of the Code in 2018, but put it on hold to tackle the liquor and temporary assembly Code updates first. Is this a project that we can pursue in 2020? The attached revisions are minimal. I would like to remove the old petition form from the Code because we have not used that version of the form for quite some time. Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 WELD COUNTY PETITION FOR VACATION OF ROAD, STREET, OR ALLEY RIGHT-OF-WAY PETITION REQUIREMENTS: The applicant shall submit the petition, fee, and the below supporting documents. One original petition form. One signed orignal affirmation form. One signed original authorization form if authorized agent is representing applicant. One signed original affidavit of interest owners. 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 Weld County website, www.weldgov.com, and shall be current as of a date no more than (30) thirty days prior to the date the petition is submitted to the Office of the Clerk to the Board, 1150 O Street, P.O. Box 758, Greeley, CO 80631. One original written explanation of the application and reason for proposing the right-of-way vacation. One copy of the deed granting the applicant ownership of the property adjacent to the right -of- way Petition fee. PETITION FEE $216.00 Please Note: Fees are non-refundable 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. ASSOCIATED HEARINGS / MEETINGS Weld County Board of County Commissioners PROCESSING TIME Approximately Sixty (60) Days WELD COUNTY PETITION FOR VACATION OF ROAD, STREET, OR ALLEY RIGHT-OF-WAY DESCRIPTION OF RIGHT-OF-WAY: PETITIONER OF THE PROPERTY: Name: Cell Phone: Work Phone: E-mail Address: Physical Address: City: State: Zip Code: Mailing Address: City: State: Zip Code: AUTHORIZED AGENT (IF APPLICABLE): Name: Company: Work Phone: E-mail Address: Mailing Address: City: State: Zip Code: Page 2 of 8 WELD COUNTY PETITION FOR VACATION OF ROAD, STREET, OR ALLEY RIGHT-OF-WAY 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 record interest to use or cross this right-of-way. DISTRICTS: School: Fire: Water: Ambulance: JURISDICTION: right-of-way is located exclusively within the unincorporated area of Weld County. This This right-of-way or Incorporated forms Municipality a boundary with name: another County, State, or Incorporated Municipality: County, State, '` A Weld public County road right-of-way Board of Commissioners that borders another and the jurisdiction governing may body of not the be other vacated jurisdiction. without the approval of both the Page 3 of 8 WELD COUNTY PETITION FOR VACATION OF ROAD, STREET, OR ALLEY RIGHT-OF-WAY WRITTEN EXPLANATIONS Please provide an explanation of the petition and reason for proposing the right-of-way vacation. Page 4 of 8 WELD COUNTY PETITION FOR VACATION OF ROAD, STREET, OR ALLEY RIGHT-OF-WAY AUTHORIZATION FORM: Please complete if represented by an I, (We), , give permission to (Owner — please print) (Applicant/Agent — please print) to apply for any Planning or Public Works Department permits or services on our behalf, for the property located at: Legal Description: of Section , Township N, Range W Subdivision Name: Lot Block Property Owners Information: Phone: E-mail: Applicant/Agent Contact Information: Phone: E-mail: E-mail correspondence to be sent to: Owner Applicant/Agent Both Postal service correspondence to be sent to: Owner Applicant/Agent Additional Information: Owner Signature: Date: Owner Signature: Date: Agent Signature: Date: Page 5 of 8 WELD COUNTY PETITION FOR VACATION OF ROAD, STREET, OR ALLEY RIGHT-OF-WAY AFFIRMATION FORM: By submitting this petition, all undersigned Petitioner(s) 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 Board 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) affirm that they have complied with Chapter 17 of Article VII, of the Weld County Code, and with Article 2 of Title 43 of the Colorado Revised Statutes. 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 with or contained within the petition 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 6 of 8 WELD COUNTY PETITION FOR VACATION OF ROAD, STREET, OR ALLEY RIGHT-OF-WAY AFFIDAVIT OF INTEREST OWNERS: 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 (30) thirty days prior to the date the petition is submitted to the Office of the Clerk to the Board. Signatures of all fee owners of property must sign this petition. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the petition. 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 petition are true and correct to the best of my (our) knowledge. Signature Date Signature Date Signature Date Page 7 of 8 WELD COUNTY PETITION FOR VACATION OF ROAD, STREET, OR ALLEY RIGHT-OF-WAY "�3.*w°,�'a4° '�'C�. r�.t�'�a �.§7 �i•n''^c�`�' `��,c'2.btinm P.., s. N,'?nn�..},:' ,�, �� Y ;, P IfrT%4nflpp ETITION A �� I� TA N C ✓ y K"J> r. :tief9 a. ..a '<i'r �X�ila.Y ..:Y v'..yy .�i � mot" °G9• r�,��ey 345f »i�lJ`T�(1�'� :.tk.r ..,rte .rs 4ia,a. 1+'i-JI `Ci t' iY+.''Y.! l'•= 4i r `i`� ,lai'__ g;� ¢ 4 � � C' �' 5 �g <�. �•'nr �i ^x� Weld °unt� Depattment Y of Punning,Zoning,and Building 1555 Greeley, (970) https://www.weldgov.com/departments/planning N 400-6100 17th CO Ave 80631 and zoning Weld County De;.:.artment of Public Works 1111HSt (970) https://www.weldgov.com/departments/public Greeley, 400-3750 CO 80631 works Weld County Department Environment of Public Health and 1555 Greeley, (970) https://www.weldgov.com/departments/health N 304-6420 17th CO Ave 80631 and environment Weld County Attorney's Office 1150O PO Greeley, (970) https://www.weldgov.com/departments/county_ Box St 758 CO 400-4388 80631 attorney Weld County Clerk to the Boar.; 1150 PO Greeley, (970) https://wwvv.weldgov.com/departments/commissioners/clerk Box O Street 758 CO 400-4225 80631 to the boar Colorado Fe•t, rtment of Transportation 1420 Greeley, (970) https://www.codot.gov/ Second CO 353-1232 St 80631 State Agendes https://www.colorado.gov/state-agencies Page 8 of 8 Hello