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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20170133.tiff
RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF COUNTY ROAD 118 BETWEEN COUNTY ROAD 81 AND COUNTY ROAD 87 - JAMES KONIG WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Road Petition from James Konig, 57851 County Road 81, Grover, CO 80729, a copy of said petition and a list of the adjoining property owners marked Exhibit A, being attached hereto and included by reference, requesting vacation of a portion of right-of-way for County Road 118 between County Road 81 and County Road 87, being more fully described as follows: All of that Right -of -Way along the section line starting at the Southwest corner of Section 11, Township 10 North, Range 62 West and running east three miles, more or less, to the southeast corner of Section 7, Township 10 North, Range 61 West; Except the Right -of -Way for Weld County Road 81 being the westerly 30.00 feet of Sections 11 and 14, Township 10 North, Range 62 West, and Except the Right -of -Way for Weld County Road 87 being the easterly 30.00 feet of Sections 7 and 18, Township 10 North, Range 61 West. WHEREAS, the Department of Public Works has recommended approval of said request since that portion of right-of-way is not needed for the safety and welfare of the traveling public, and WHEREAS, any persons owning dedicated and recorded easements and rights -of -way for the use of the right-of-way to be vacated, if any, may continue such use after formal vacation by Weld County, and WHEREAS, the Board of County Commissioners heard testimony and reviewed all other evidence presented therein by staff and the public, and WHEREAS, the evidence showed that the vacation of that portion of right-of-way which is described above will not leave any land adjoining the roadway without an established public road or private access easement connecting the land with another established public road, and WHEREAS, the Board of County Commissioners deems it advisable to vacate said portion of road right-of-way, with said vacation to become effective upon recording as required below. WHEREAS, a hearing before the Board was held on the 21st day of November, 2016, at which time the Board deemed it advisable to continue said matter to January 9, 2017, to allow James Konig adequate time to work with the Department of Planning Services. CC: pLCrnrY1/TPA,Ca(FMS, 4272610 Pages: 1 of 3 PW C tR / -r77 O H/ 01/25/2017 10:21 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��- EP), 2017-0133 III FAIDIFI9710:711111 III t� Pfau-. EO0074 a\13OiasI7 RE: VACATION OF CR 118 BETWEEN COUNTY ROAD 81 AND COUNTY ROAD 87 - JAMES KONIG PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from James Konig be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the portion of right-of-way which is described above be, and hereby is, vacated. BE IT FURTHER RESOLVED by the Board that any persons owning dedicated and recorded easements and rights -of -way for the use of the vacated right-of-way, if any, shall not be affected by the right-of-way vacation authorized herein. BE IT FURTHER RESOLVED by the Board that Weld County shall retain any mineral interests it may possess in the area of the vacated right-of-way and that the vacation authorized herein shall in no away affect such mineral interests to the extent allowed by law. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to record this Resolution and the attached Exhibit A in the records of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO1OF3ADO ATTEST: dietwiet) i4C 4.-d40•t1 Weld County Clerk to the Board BY (' . puty Clerk to the Board APPRO Date of signature: c ► I a5/ 17 Cozad, Chair Sean P. Conway ounty Attorney ' � �' � ��i / 4 7Jf/ / i,�JK����/ _� 4272610 Pages: 2 of 3 01/25/2017 10:21 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ili rdli W4lit'6ikl:MiAlkin iVIII&h hili Bill 2017-0133 EG0074 RE: VACATION OF CR 118 BETWEEN COUNTY ROAD 81 AND COUNTY ROAD 87 - JAMES KONIG PAGE 3 EXHIBIT "A" The following list of properties consists of property owners adjoining the road right-of-way vacated pursuant to Weld County Board of Commissioners Resolution No. 2017-0133. While Weld County believes this list is complete based upon the available information, additional properties and property interests affected by the vacation may exist that are not included below. PARCEL #029107000002 DAVID AND LESLIE BASHOR 56971 COUNTY ROAD 87 GROVER, CO 80729-9627 PARCEL #029119000002 MARIAN E SIERMAN 42659 COUNTY ROAD 112 GROVER, CO 80729-9614 PARCEL #029311000004 KONIG INVESTMENTS LLC 57851 COUNTY ROAD 81 GROVER, CO 80729-9626 PARCEL #029323000003 OASIS RANCH LLC 58351 COUNTY ROAD 77 GROVER, CO 80729 PARCEL #029108000003 FRED D MARICK C/O ROXANNE L MARICK TRUST 59703 COUNTY ROAD 87 GROVER, CO 80729-9629 4272610 Pages: 3 of 3 01/25/2017 10:21 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Nal iiiI i)Kai�iiiiCii I�UiC iiie� ri CObiii 11111 2017-0133 EG0074 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): G0cllU TY P(WD i/ B TCLT/V CZ 81 17A'D C. g 7 PETITIONER OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: Jf-1'V1t S k.oNrC Work Phone # Home Phone # Email Address Address:.5 / City/State/ZipCode C-1/2-0\702, coy EO 7 LIST ALL ADJACENT LANDOWNERS (if additional space is required, atta h an additional sheet: Name:• ON/K" /N V 65TYY1 ./VT 5 03P/'L!Cfi--/vT Address: Parcel: APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: .;10/-1—A( FOS Tr/Z Work Phone #170 7O 7f/� Home Phone # Email Address Jfrx /C!� l�geqi / Address: 57 q 0 672 ' City/State/ZipCode .C.-1.2oveg co &Oir c7 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: NONE kNOWN OF' // 127) It) 77' 3 &z c P /( / S C/ SL -T 7 SE/21,T T >*-USA mi7GftGt.ST /iii`QC DISTRICTS School: P Er /a - 6, c i!E- /2_ Fire: P/IZUNE; ' f//2 Post Office: (;/"0061Z nut Of/7C r — JURI DICTION This right of way is located exclusively within the unincorporated area 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. 2017-0133 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 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 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 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 cow oration. /c. nature: Owner75r Authorized Agent Date Signature: Owner or Authorized Agent Date 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 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 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 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 owl r, notarized evi.ence must be included indicating the signatory has the legal authority to sign for the corporatio � lb Signature: i' ner or Authorized Age Date Signature: Owner or Authorized Agent Date DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES I, (We), J/ )vi J r J 6) Jd 1 c(, (Owner — please print) , give permission to (Applicant6.e— please print) to apply for any Planning, Building or Health Department permits or services on our behalf, for the property located at: S 1770 C`�i A Legal Description: � d -1" of Section / 4-) , Township 11 N, Range jrz__IA/ Subdivision Name: I Lot Block Property Owners Information: Phone: % 7 O 5 -Su 6 c% c( Applicant/Agent Contact Information: PZ Phone: 7 (� J i- 6-- E-mail: E -Mail: v � i F � e j n4 cu I. Email correspondence to be sent to: Owner Applicant/Agent Both Postal service correspondence to be sent to: (choose only one) Owner Applicant/Agent Additional Info: Owner Signature: O-1(tVb Date: Owner Signature: Date: AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Descriptior.. We: (? t- kw( ( t 111 f le4 ` 4 :Sec M 14, Taut n y1 _,to 10 Nor -i-1-1, 1_A K -P 6,9 We /71-e &731 12 k , 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 days prior to the date the application is submitted to the office of the Clerk to 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 1�ar�es d� qji ic•� DC1vi L, Grp q7/ 617.0v-ev; Co so72 �1 - Date Signature Date kz/\,l (C, 1111,��--fit rilENTS,tlC 5-131 g� e--pn Co X02 2- cT ItLI4V->6 P"Ar faAkietAA AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: <<,- 7/ /2l -- / 0 " w �� 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 days prior to the date the application is submitted to the office of the Clerk to 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. ignature Dat /O /- l; Signature Date Signature Date October 18, 2016 Board of County Commissioners 1150 O Street P.O. Box 758 Greeley Co. 80632 To whom it may concern, I am requesting that the board approve to "vacate" the right-of-way between County Road 81 and 87 that extends from County Road 118 along the north border of section 14-10-62 in Weld County for the following reasons; 1. It will allow the most efficient use of the land. 2. Given the setting, a need for a maintained county road going through this area would not be beneficial. County Road 120 is one mile north that handles most traffic in the area. 3. There are buildings located close to the right of way that may become an issue. Thank you for your consideration, James Konig WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 10/12/2016 4:08:40 PM THE UNDERSIGNED, 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 the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 ft of Parcel # 029313200010 Date Account Parcel Owner Mailing Address R0248686 029107000002 BASHOR DAVID LESLIE 56971 COUNTY ROAD 87 GROVER, CO 807299627 R0251586 029118000001 BA OR DAVID LESLIE Uup l%ca.+e 56971 COITNTY ROAD 87 GROVER, CO 807299627 R0251786 029119000002 SIERMAN MARIAN E 42659 COUNTY ROAD 112 GROVER, CO 807299614 R0261386 029311000004 KONIG INVESTMENTS LLC 57851 COU GROVER, CO 807299626 R0261486 029312000005 BASHOR DAVID LESLIE 56971 COUNTY ROAD 87 CO 807299627 B SHOR 1 } p ( I ca+DROVER, R0261686 029313000008 R0261686 029313000008 BASHOR DAVID L Due Iica.+e. 56971 COUNTY ROAD 87 GROVER, CO 807299627 R3909605 029313200010 BASHOR DAVID LESLIE OupIIca.+P., 56971 COUNTY ROAD 8 GROVER, CO 807299627 R0261986 029314000010 KONIG INVESTMENTS LLC OUP Ii ca. ♦G 57851 COUNTY ROAD 81 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 10/12/2016 4:08:40 PM THE UNDERSIGNED, 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 the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. ap‘oi,t_ - Signature (viv /i(0 Date Property Owners Within 500 ft of Parcel # 029313200010 Account Parcel Owner Mailing Address tzp Ls C-O. GROVER, CO 807299626 R026443Br-02932300000_ OASIS RANCH LLC 58351 COUNTY RD 77 _GROVER, CO 80729 R0264886 _ 029324000011 BASHOR DAVID LESLIE Opp ca -+e 56971 COUNTY ROAD 87 GROVER, CO 807299627 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 10/12/2016 4:10:56 PM THE UNDERSIGNED, 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 the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. W Property Owners Within 500 ft of Parcel # 029118000001 Date Account Parcel Owner Mailing Address R0248686 029107000002 5tiekHOR DAVID LESLIE ll� Q 1,3 V P 1 f Ca' T� 56971 COUNTY ROAD 87 GROVER CO 96 8072927 R0248986 029108000003 MARICK ROXANNE L TRUST 59703 COUNTY ROAD 87 GROVER, CO 807299629 R0248986 029108000003 MARICK FRED D 59703 COUNTY ROAD 87 GROVER, CO 807299629 R0251386 029117000008 S.,,LEZRMAN MARIAN E UvpI'ca+e. 42659 COUNTY ROAD 112 GROVER, CO 807299614 R0251486 029117000009 BASHOR DAVID LESLIE •pp 56971 COUNTY ROAD 87 GROVER, CO 807299627 R0251586 029118000001 SH /pE�L�IEC XV+e 56971 COUNTY ROAD 87 GROVER, CO 807299627 R0251786 029119000002 S MAN MARIAN E (.)e I I c 42659 COUNTY ROAD 112 GROVER, CO 807299614 R0251986 029119000004 BASHOR DAVID LESLIE U ( / C a. -Pe 56971 COUNTY ROAD 87 GROVER, CO 807299627 M0122186 029120100008 BA R DAVTD L 56971 COUNTY ROAD 87 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 10/12/2016 4:10:56 PM THE UNDERSIGNED, 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 the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature to/Va7tCo Date Property Owners Within 500 ft of Parcel # 029118000001 Account Parcel Owner Mailing Address 00p 1 i CA.�4G GROVER, CO 807299627 _ R-3896705 R3896705 029120100008 BASHOR DAVID LESLIE 56971 COUNTY ROAD 87 GROVER, CO 807299627 R0261486 029312000005 SHOR D ID LESLIE Ii L) co.....4e6vER, 56971 COUNTY ROAD 87 CO 807299627 R0261686 029313000008 BASHOR BETH R0261686 029313000008 BASHOR DAVID L 56971 COUNTY -ROAD 87 GROVER, CO 807299627 R3909605 029313200010 SHOR DAVID ESLIE PJIpCO 56971 COUNTY ROAD 87 ER 8 99 7 R0264886 029324000011 ID LEW 56971 COUNTY ROAD 87 GROVER, CO 807299627 ' ,"r ecorded at Renoption NO. A 3 io 3 O'clock -- M. on 11111 III1I Illlll INII IIII II III11II( III HMI IIII 2732361 1111211 moto 1 of 2 R 10.00 D 0.00 Weld County CO .cWarr'arLty`Deed .• - THIS DEED is a conveyance of the reel property described below. including any improvements and other appurtenances (the "property') from the individual Is). corporation (a). partnership(s), or other enlily(ies) named below as GRANTOR to the individual(s) or entity(les) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants fetitle tato ft e property, o sernE except fur (1) the lien of the general property tables for the year of this deed. which the GRANTEE will rights -of -way shown Of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record {S) any protective covenants and restrictions shown of recor0. and (6) any additional matters shown below under "Additional Warranty Exceptions". The Specific Terms of This Deed An: Grantor. (Give weals) end ptecsli) of residence: if the spouse of the owner -grantor is joining in this Deed to release homestead rgnts identify wantons as husband and wile.) Doris Konig and Shirley Klinginsmith Rt. 1 Grover, CO 80729 Overarm: (Gino namets) and addraatasl. statement of address. including •vai,bie road or street number, is required.) James M. Konig Rt. 1 Grover, CO 80729 Form of Co-Owner$hip' lit there 5.. two or more grantees named. they out be considered to take as tenant i in common unless the words "in ion% tenancy' or words of the same meaning are added in the space below.) Properly Description: ttnctude county and stale 1 SEE ATTACHED EXHIBIT "A" Property Address: ConsidniCUOo. iThe sasiamani of t guile anwuni a uptrWyl,ode:Mite curleteereioon for mis gasd wiii tee arasurnee widow thw conveyance le Identified es a wit!. in any case this conveyance 4 absolute. final end uncendldorr4l.) TWO HUNDRED THOUSAND AND NO/100 DOLLARS ReeerwatlOns-RestrICIWOe: Ilf ire GRANTOR intends to reserve any tnrerest in the property or tandy oC I ss than he owns. or dineGRANTOR is restricting the GRANTEE'Soappropriate tight in the properly. AddlUOnal Warranty Exceptions: (include deeds of trust being assumed and other matters not covered above.) OCTOBER 20 to 99 Executed by the Grantor on Signature Clew* be Corporation. Partnership or Assocllbn By er Nene of Grantor. Corporation, Perinership or Association ��''�' ieg1-41 Shirley KeInginssmi Welton pause ler tndendiepe): Atteel. STATE OF COLORADO NEW YORK ) as. COUNTY OF j '\ 1 The foregoing instrument was acknowledged before ma lets ay' Doris Konig g\'11k\l'l WITNESS my hand and official Mel. Sly caresetaalen maw Doris onig Grantor Grantor Grantor day or C - /O 4Q perry PuMk qr STATE OF N •9 r COUNTY OF WELD ) Ai9 ofro�O �ti The I real iMllnt was acknowledged before me rots 0 4" day of '''SS' la e`bi�?e'[fnginsmith. cLSTC-..L 4)- Q'p4A.te,appQsi{{ igtb ok aril Grantor is or potato on. Piorlriersfti p w Assoc Lotion. thad�wyify signers as president or wce president nd wcreteryor j i ei tarif nit do150.11tron• or as parrnarls) of partnership. or as euihonzed mamb js) of association I (r• Wit.:=4 t ) gihOal eeel. October /e 99 Malay Nubaa eo•n )Jan. 1? s, e l ull unmet! efyorµ. horsed PO nor leis • Grielel:'C' oredc eO632 0031356AI.. M 2001 NO. sal 1llllll111111ii11I11lll li 1i111II1lil11111111111111llli 732351 1111211999 01:36P JA Sukl Tsu 2 01 2 R 10.00 D 0.00 Weld County CO Grantor: Doris Konig and Shirley Klinginsmith Grantee: James M. Konig Date: October 20, 1999 EXHIBIT "A" All Grantors' interest in and to the following described real Property: eld County, N E1/4 Section 9, Township 10 North, Range 62 West of the 6th P.M., W Colorado. 2NW1/4 and NE1/4 Section 15, Township 10 North, Range 62 West of the N1/2SE1/4, N1/Colorado. 6th P.M., Weld County, Weld County SW 1/4 Section 16, Township 10 North, Range 62 West of the 6th P.M., Colorado. S1/2 Section 22, Township 10 North, Range 63 West of the 6th P.M., Weld County, Colorado. Weld NE 1/4 and E1/2NW1/4 Section 8, Township 10 North, Range 62 West of the 6th P.M., County, Colorado. SEl! 4 Section 10, Township 10 North, Range 62 West of the 6th P.M., Weld County, Colorado. Weld County, SW1/4 Section 11, Township 10 North, Range 62 West of the 6th P.M., Colorado. Weld County, W1/2W1/2 Section 14, Township 10 North, Range 62 West of the 6th P.M. Colorado. Weld County, NW1/4 Section 23, Township 10 North, Range 62 West of the 6th P.M., Colorado. S1/2 Section 34, Township 10 North, Range 63 West of the 6th P.M., Weld County, Colorado. N W 114 and SW1/4 /4 Section 15, Township 10 North, Range 62 West of the 6 S1/2SE1/4, S1/2 P.M., Weld County, Colorado. Se.c+►on ( -1 -T'ow n s h i p (0 rl o r+In Rainy., Caa Ch3es-I- -. T -H R O U C7 K-( -- Sec+i orb ( g Town sh; p to north Rage, co I (Ayes+ — Row NOW ROW ROW— ROOM ROW ROW WCR 118 Kowa. ROW f- �'� ] _� -K 7i poi K pc f1 (UNMAN Raw---, ROROW TAINED RIGHT OF -WAY ROW-- ROW— ROW ROW ROW ROW 2D' BUILDI -NTS- NG SETBACK ROW ROW Ms 0 M ROW--, ROW ROW ROW ROW-- ROW ROW ROW N a ROW ROW--i ROW Row Row GARAGE KONIG S 14-T l ON-R62W ROW ROWS ROW RCM ROW— ROW 110W ROW Raw - -x -k - FENSE LINE — — —34 —K Qh� SECTION LINE 8/17/2016 T1ON R62W Map Page 30 0 8/17/2016 0.25 0.5 1 Miles T1ON R61W Map Page 31 0 0.25 0.5 1 Miles 1 HTW LAND BURNETT I LLLP (80%) JERRY L I! REDFERN DAVID B (25% INT) z I oft -� BURNETT JERRY L ..J 1 I , LLJ >4 I— fftla ti •o L O 77 It f 4'1 LC BARTELS FAMILL LLC (112 INT) U7 de I IWE$40Tsk te(A Tr, BURNETT FRANK See Map Page 18 vON1G \�Jc500' LLC SIEFKEN JAMES P P '1 KONIG INVESTMENTS LLC MW2 HOLDING LLC 0 COLLINS EVERETT BOYD -- -WCR 120 / 1 yr-t - �'� Ll .ti KONIG JAMES M Y -. R�yCH LLC ////:// /( �' OASES t / --RANCH LLC /UJ J S 7 00 Y .�. z z 0 00 ';�? _ E, -=cc le KONIG JAMES M z a Y 1 (16.67 %,INT) o = KONIG I,a BURNET Y L I MICHAEL D `I_ FRANK }- — J ,. WCRi1.14 L „a- - ` .y! , If/ % rn /f I n m ,KONIG JAME$'M / / / IY r-' �/� BURNETT � � W z : (16.67 % INI1) r/ / FRANK R I. 0 0 aaEl //' /A • 0 �', W W z �'r// /�_ O z¢ ( z Q 2� I BURNETT i.riz, FRANK R 222z,ID Lkj 07 11, �� Iv.. f��`.�-1 J 7 /l- !'t! / ° - N., '' �' y - s4 z yr) �S ..OI I p < 41.. 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KONG KONI HPE� JAMES M J M S/M tTh I BURNETT KONIG JAMES M FRANK R (16.67% INT) KONIG MICHAEL D 11 ES M,� �, RANCH LLC -�;I O S RANCNE� BASHOR.DAVIO LESliE S:7 lay0 LESRDAVID T 0 uj 1� J 'CC ,0 w = iN GO 0 BASHOR• DAVID L o 0 .) ) BASHOR DAVID LESLIE Z W SIERMAN N § ? j v:NIARIAN E .S/ERIGIAN MARIAN E NI I BASHOR W o L 0 S,A KONIG KONIG JAMES M JAMES M 'hi - ' 'la a ,WCR•110•-i / f 7 z w O le cc KONIG JAMES MI KONIG JAMES -M BURNETT FRANK R 115 KONIG MICHAEL D ONIG C PR 1N J I; 71 CC O W ,0 J CC HALE LEROY E CHARNUSSLES E ( CARLES E ARLES -- ——wcR_122 — 1 ' , J 1 OASIS u,, -,RANCH LLC N S Q U!i'r O� OASIS RANCH LLC { KONIG - II, HAELD IT' ONIG JAMES M 2 1.1 g v.) ec KONIG JAMES M KONId, J J vf-•a can =I 1 ';Ln = 0 ? O z w 0 ! ce J 0 UI LOUSBERG43ERALD A (1/3`INT) KONIG RANCH INC OU,1 O U 2Q KONIG `t RANCH INC 144 ill KONIG ,RANCH INC nV 0 W co o 4' w 00 1 _ BASHOR WILLIAM CLYDE ce 1 cc z OASIS i RANCH LLC(—,., w 0 } ce = O CO Li 0 J c W 0 z cciI "' 5 / �) r N ¢ 0 r COLORADO STATE OF J 1 J '-W W CtZ--.• CtZ Q O Q O In U .. m U • Z W N 2 I- ••z =d ;O r, �a 6s 0 0 J W0 ¢ 0 See Map Page 30 0 C cc J ! SHABLE o ' WIL-LIAM C '. can.I , m t HOLE LAND! = iii LL CO C -WI LSO N•AVENUE ! tpO.\ I 'p O u, 9 to S A8 E LAND OO cc Co t t.57 0o a) p �r 0 U J ` : •,5 3 L. J J '' X IddJ — J O J_un a0 59 aO—' = t r, VI See Map Page 19 FABRIZIUS WILLIAM F BASHOR DAVID LESLII ! S tia FI O r ' 4 I \.BAS.HOR DAVID LESLIE SIERMAN Li MARIAN E w Vf zz' SIERMAN MARIAN E W J Ln w J I I I I I o O cc ec ASH0R LESL/E/O ERMAN ARIAN E BASHgR /' LEO - 1 CX _" <a, J 1 -J V) -J � U- 0 W eC N BASHOR DAVID LESLIE I- :A/ERMAN RRMAN ANE I 1 1 II I SIERMAWCR 11.2 MARIAN iti I it CJ j li OOHNSTON �r NAL�.D JOHNSTON l I DONALD D z C ¢ JOHNSON JOHN DONALD D L II Q,PS �ES I V1D I;Ir-•� SIERMAN MARIAN E 6PSNOR i _���\P4 CLYDE • II II 1 II FABRIZIUS WILLIAM F COLORADO STATE `OF r.'li - --WCR 122 FABRIZIUS WILLIAM F 2I G0'��OS ER WP�K 4-) WILSON DAVID S I COLORADO STATE OF a —ISO EVERITT KENNETH H WILSON JUDX-RAE 2rn G Vfm 773 I--= LLJ W W EVERITT KENNETH H rt KENNY`' KE`' 0 BASHOR WILLIAM CLYDE B.P0-2 0C• WILI.\I` `•G lJ EVERITT KENNETH H WCR 118 — 4- nf1 EN 4 N HOWARD 0 • 108 BASHOR WILLIAM CLYDE RUSH B KIRK EVERITT KENNETH HOWARD J ¢o Q. W J ct l- W N U I— 0 < 4 NG`' DIE ..cc AND CA' I I I I I I I I I I I I W —J jhe w z g CL. PIXLEY RANCH LLLP z cc 1 9 -tk. G 405 -- DIETZLER RANCH . W AND CATTLE COL ¢ I s -r W ce w Q N C.) EVERIIT KENNETH HOWARD DIETZLER RANCH I AND CATTLE CO L BASHOR WILLIAM CLYDE w w w w¢ W 0 Z J Co SC z CO s� BASHOR WILLIAM C --Smr --- :- -me Il II co ce WIL(?AA OR JobiAtsroiv I cc w w¢ SIEFKEN JAMES JONES HAROLD (14(O44 K BASHOR WILLIAM CLYDE 23 SMITH LYNN E • RUSH B KIRK RUSH BUR DE TTE KIRK AKA B KIRK WCR 110 DEVER GARY L • 4 - DEVER GARY L tP rn o GARY L MANICHANH NOLP,01 DIETZLER RANCH LINDA K GEORGE JR AND CATTLE CO L Oen Ca EVERITT KENNETH H Ce LU I— fe• st EVERITT KENNETH H rn CC U.J LLJ LLI Lid cr o LONE PINE LIVESTOCK INC NZ 0 CC I — co LLI tAl S cc LAJ CIRCLE / RANCHES INq Z£ abed dew eaS See Map Page 42 See Map Page 43 I I WGS_1984_Web_Mercator_Auxiliary_Sphere © Weld County Colorado This map is a user ccncratec static output from an Internet mapping site and is for reference only.. Data, layers thatappcar on this map may or may not be accurate, current or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION 11N62W3 10N62W 0 10N62W07 11 N62W32 11N62V33 i 11 N621134 122 Na 10N62W05 14 00 1\1 62W18 10N62W19 10 10N62W17 a, 10N6 10N62W03 10 I r CO 10N62W20• Legend CR 118 ROW Paved Road Gravel Road Bashor Property Konig Property 10N62 116 10 N62W21 Nee 11 N62W35 11N62W36 oo • 44 • 1 4 4 10N62W02 10N62'W22 1ur\ie2W 14 i N62W 27 10N621134 1 1 t 1 1 1 1 1 1 1 1 1 1 Coa 1 1 I 1 N61 VV3I co ' WILSON AVENU U 116117riN W 8 I1N _ 1W32 C) 11 N61W33 §P N62W01 CH 10N61W06 06 N62W12 10N621113 1 F- 10N62W26 10N61 W07 10N62W24 TOG 1 I 1 1 1 1 al 1 L 1 10N61 1f 05 10N6 1108 1 1 1 10N61 1104 10N6 09 11N61W34 122 10N61W03 i 10N611110 1'1 161118 tce 10N621125 10N6' 1W19 SH ll I 10N6'T'W30 10N61 W17 1 1 1 1 1 1 1 1 10 N61 W 20 1 1 1 t 1 1 112 10N61W16 10N61W21 10N61W29 110N61 W28 } }Y}0 N 611%1115 11N61VY5 10N61W02 10N61 W11 } 10N61 W?2 i 4 4 10N611114 10N61 W23 . 10N61W27 110\1,61W26 } 4\1'12 }`Y4 1'1 2 1 QN62W35 , 10N62W36 10N611131 10 17 NOTICE Pursuant to Section 43-2-303, C.R.S., and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado, during its regular Board meeting. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley 80631, Colorado. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DATE: NOVEMBER 21, 2016 TIME: 9:00 a.m. APPLICANT: JAMES KONIG 57851 COUNTY ROAD 81 GROVER, CO 80729 REQUEST: Petition to Vacate a portion of County Road 118 between County Roads 81 and 87, subject to dedicated and recorded easements and rights -of -way. GENERAL DESCRIPTION: All of the Right -of -Way along the section line starting at the Southwest corner of Section 11, Township 10 North, Range 62 West, and running East 3 miles more or less to the Southeast corner of Section 7, Township 10 North, Range 61 West. Except the Right -of -Way for Weld County Road 81 being the Westerly 30.00 feet of Sections 11 and 14, Township 10 North, Range 62 West, and Except the Right -of -Way for Weld County Road 87 being the Easterly 30.00 feet of Sections 7 and 18, Township 10 North, Range 61 West. LEGAL DESCRIPTION: The road right-of-way lying 30 feet on either side of the section line between Sections 11, 14, 12, and 13, Township 10, Range 62; and between Sections 7, and 18, Township 10, Range 61 West of the 6th P.M., Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: NOVEMBER 10, 2016 PETITIONER, TAX AGENT REPRESENTATIVE, LESSEE FIRST NAME LAST NAME COMPANY ADDRESS 1 CITY STATE POSTAL CODE DAVID AND LESLIE BASHOR 56971 COUNTY ROAD 87 GROVER CO 80729-9627 MARIAN E SIERMAN 42659 COUNTY ROAD 112 GROVER CO 80729-9614 KONIG INVESTMENTS LLC 57851 COUNTY ROAD 81 GROVER CO 80729-9626 OASIS RANCH LLC 58351 COUNTY ROAD 77 GROVER CO 80729 FRED D MARICK CIO ROXANNE L MARICK TRUST 59703 COUNTY ROAD 87 GROVER CO 80729-9629 JAMES KONIG 57851 COUNTY ROAD 81 GROVER CO 80729 JOHN FOSTER 57990 COUNTY ROAD 81 GROVER CO 80729 I hereby certify that I have placed a true and correct copy of the surronding property CERTIFICATE OF MAILING prepaid First Class Mail by letter as addressed on the attache owners in accordance with the notification requirements of Weld County in the United States Mail, postage list this 10th day of November 2016. Dated the 100tth,.day of November 2016. Chloe A. Rempel Deputy Clerk to the Board O m O -0N O U o 0 j m co a) 0 0 U O Y CO ID - N N C E RECEIPT RECEIVED FROM ADDRESS J1.0D NujiinA ‘%xtutah, w CC/too FOR Id \/ANA;3-1n) Apo Eat DATE /O / 7/2O (lo Jeivi Rosker HOW PAID CASH CHECK HONEY ORDER N° 88934 yg34 sallot "a BY atk,v�C/ 0750 0000 7938 2678 U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com5. Certified Mail Fee $ nIG- Extra Services & Fees (check box, add feces appropriate) ❑Return Receipt ltardcopp $ ❑Return Receipt (electronic) ❑ Coddled Mall Restricted Delivery $ ❑ Adult Signature Required $ o Adult Signature Restricted Delivery $ Postage $ {ilia - Total Postage and Fees srl('- 0 Sent To ra J czinn Fogg O Street and Apt. Ns., or PO Box No. -City. State, ZIP+4Gal act tier, co 0 r f O• n c) w d d E EE`8 N— « C 8 V Q m o v 3 4-' E C$ N O O a m ` Q o Postmark Here • -e9O ga.Jo 2aav��_e DD❑ O ❑❑ I > z _ S T $ gtegEa fr e OrW O — 3 3I U-- �rr Y3881 Y��- c5DD$DDDC a O M — o co o o cn to cn ru IC m ▪ g. n N co $ O o E s- O 402 urI IN t O E rR z m c To cc , July 2015 PSN 7530-02-000-9053 LL n. 0000 7938 2661 O N O -o rR U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . Certified Mail Fee $PILL Extra Services & Fees (check box, ad o Return Receipt (Iwdccpy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage $nlas Total Postage and Fees sn1 Sent To fee as appropriate) Postmark Here x o. ok O Street anclA t. No., or P5Box No. r- . r� 1 Cc; Cc( 61 State, l7+4• CO iiO't 9q PS Form 3800, April 2015 R$R 7530.02-000-eo4l See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: eceived by (PrinNahie) C. Date of Delivery //-1S- /4C ❑ Agent 8 Addressee Joke -Fa s+e-c- s'l 9dlo CAR S( CjrovcC GO 4'50-1 Dci V'II'I IIIIIIIIII'II III IIIII III' 9590 9402 1714 6053 4701 43 a Is delivery address different from item 17 If YES, enter delivery address below: ❑ Yes 0 No 3. Service Type O Adult Signature O Adult Signature Restricted Delivery XCertPied Mail® ❑ Priority Mal Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Certified Mail Restricted Delivery O Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery O Signature Confirmation@ Tall ❑ Signature Confirmation 7016 0750 0000 7938 2678 oal Resmcted Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt W VACATION R 8 (UNvAIN TAINED ROO PIA nw PM —R'IGI F_W Y S5• nfl Re 2V BLUING SETBACK Lk, L. _ a_ I KUM owl 5 I 11110- ltre ad I GAGE KONTG S 14-TI0N-R62W H5.3' PEA fE LIFE mess SEC-- IONS LINE MTh man r p. ,- — fry cm _ Map Page 30 Pte' rTh EACHRit a cm con,Fito I I I I I 4 SitTAMA flE - r� II a I I s - "Pl • ter ' alp .air ,,uu r k —A 1300 vs tgliV T T A a 4 01/400115. I I � an -- — tti.c--g, a al a r> tat arcs .7- S Htd.0 PEFa4l. 4 raga mmi CEO. '4 rl rr a a aa MI NNIMknM1 I IN I I A KS GE -0 JIM lilltuefrat 1 :1 35d a I I I 1 I w DStiu ct % t (Piss I I I I cg KJ I I 7C EVES I : ' r I- 8.176 W z i �r-•"�Ir•, �,�.�a�ri. � Enter Map Title jar ":4r I _' c ,., 44orcator ki mlisary.5pr t t !d 3 Cwrity x_04 Dczario fit Map± a .air 9ra act ,tam output tam r5 hicrral Ir aril is tar rta a or*. Data layvs tat ap car a r, t nw mayor may re' walk t-g.nr; or othanikaa r.ri ate 1T MA! k NOT TO BE USED FOR NAVIGATION Parcels aln FIJI arm FIIaln Flcodplain Floodpialn Fleodplain InPagair Road -ls - -500 Year - 1 C4] Year Zone A - 1 CU Year Floodwa - 1 Cl Year Zone A E - 1 Ca] Year Zone Al- - 1 C+] Year Zone AC Responses Public Works Object based on need for future access and development. o Planning Concerns based on need for future access for safety, commercial and residential development and land locked future parcels. ❑ County Attorney Objects on need for future access for safety, commercial and residential development. Location and Description 60 feet of Right of Way for full 3 miles. 3 miles of road between WCR 81 and WCR 87 on what would be WCR 118. Parcel is Approximately 21.8 Acres Only one adjacent property Owner, the Bashors, Several parcels, but only two property owners. No utilities we are aware of. Potential isolation of lots. Chloe Rempel From: Sent: To: Subject: Attachments: Hello John, Chloe Rempel Monday, October 10, 2016 5:00 PM jfoster984@gmail.com' Petition for the Vacation of ROW - John Foster FBO James Konig Affirmation Form.pdf; Authorization Form - Planning.pdf; Affidavit of Interest Owners.pdf; Surrounding Property Owners - James Konig.pdf I have received your application for the Petition for Vacation of Road, Street, or Alley Right -of -Way. Because you are submitting the application on behalf of James Konig, I will need James to complete an Authorization Form, in which he grants you permission to act on his behalf. The Authorization Form is attached to this email. Once we have James' signature on the Authorization Form, I will need you to sign an Affirmation Form and an Affidavit of Interest Owners. Both forms are also attached to this email. The last form that I will need your signature on is the Surrounding Property Report, which is attached to this email. 1. James Konig: a. Authorization Form 2. John Foster: a. Affirmation Form b. Affidavit of Interest Owners c. Surrounding Property Report I also need contact information for James Konig (phone number and/or email address). Please let me know if you have any questions or concerns. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board of Commissioners 1150 O Street Greeley, CO 80631 /PO Box 758 tel: 970-400-4225 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 Chloe Rempel From: Sent: To: Subject: Attachments: John Foster <jfoster984@gmail.com> Monday, October 24, 2016 3:46 PM Chloe Rempel Re: Petition for the Vacation of ROW - John Foster FBO James Konig 201610241535.pdf Chloe, Please find attached the signed forms that you requested on the ROW vacation. I believe I have done them correctly if not let me know. I will get you the letter that states the reason for this request asap it is on my personal computer at home. Thanks, John Foster 57990 CR 81 Grover Co 80729 On Mon, Oct 10, 2016 at 4:59 PM, Chloe Rempel <crempel@co.weld.co.us> wrote: Hello John, I have received your application for the Petition for Vacation of Road, Street, or Alley Right -of - Way. Because you are submitting the application on behalf of James Konig, I will need James to complete an Authorization Form, in which he grants you permission to act on his behalf The Authorization Form is attached to this email. Once we have James' signature on the Authorization Form, I will need you to sign an Affirmation Form and an Affidavit of Interest Owners. Both forms are also attached to this email. The last form that I will need your signature on is the Surrounding Property Report, which is attached to this email. 1. James Konig: a. Authorization Form 2. John Foster: a. Affirmation Form b. Affidavit of Interest Owners c. Surrounding Property Report r Chloe Rempel From: Sent: To: Subject: Attachments: John Foster <jfoster984@gmail.com> Tuesday, November 01, 2016 3:15 PM Chloe Rempel ROW vacation for James Konig Board of County Commissioners- county vacate.docx Chloe, Please find attached the letter you were requesting. If you need anything else please contact me. Thanks, John Foster NWTF Colorado President Chloe Rem el From: Sent: To: Subject: John, Chloe Rempel Tuesday, November 01, 2016 4:48 PM 'John Foster' RE: ROW vacation for James Konig Thank you for sending the description. I have sent out the referral requests to the appropriate Weld County departments. I am looking towards Monday, November 21, 2016 at 9:00 AM to have your petition heard before the Weld County Commissioners. Are you available that morning, or is there a different day that works better for your schedule? Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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. From: John Foster [mailto:jfoster984@gmail.com] Sent: Tuesday, November 01, 2016 3:15 PM To: Chloe Rempel <crempel@co.weld.co.us> Subject: ROW vacation for James Konig Chloe, Please find attached the letter you were requesting. If you need anything else please contact me. Thanks, John Foster NWTF Colorado President 1 Chloe Rempel From: Sent: To: Subject: Hi Everyone, Michelle Martin Wednesday, November 02, 2016 8:19 AM Chloe Rempel; Janet Lundquist; Evan Pinkham; Frank Haug RE: PETITION FOR VACATION OF ROW - James Konig C/O John Foster It appears the applicant applied for a building permit BCR16-00957 on August 11, 2016 for a detached garage and because he wants to locate the garage on the edge of the ROW he does not meet setbacks. Therefore he has applied to vacate the ROW. It the ROW remains the applicant needs to be 50 from the centerline of the road. If the ROW is vacated he only needs to be 3 feet or 1 foot for every 3 feet of building height whichever is greater. If the ROW is vacated we should look to see how parcel number 029313000008 owned by Beth and David Bashor will access onto a county road. Let me know if you would like to set up a meeting to discuss or if you have any questions. Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartinPco.weld.co.us PHONE: (970) 400-3571 FAX: (970) 304-6498 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. From: Chloe Rempel Sent: Tuesday, November 01, 2016 4:43 PM To: Michelle Martin <mmartin@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us> Subject: PETITION FOR VACATION OF ROW - James Konig C/O John Foster Hello, 1 Chloe Rempel From: Sent: To: Subject: John Foster <jfoster984@gmail.com> Wednesday, November 02, 2016 12:48 PM Chloe Rempel Re: ROW vacation for James Konig Chloe, The 21st at nine will work for me. Thanks, John Foster NWTF Colorado President On Tue, Nov 1, 2016 at 4:48 PM, Chloe Rempel <crempel( ),co.weld.co.us> wrote: John, Thank you for sending the description. I have sent out the referral requests to the appropriate Weld County departments. I am looking towards Monday, November 21, 2016 at 9:00 AM to have your petition heard before the Weld County Commissioners. Are you available that morning, or is there a different day that works better for your schedule? Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 t Chloe Rempel From: Sent: To: Subject: Hello Chloe, The map looks correct. Thanks, John Foster NWTF Colorado President John Foster <jfoster984@gmail.com> Tuesday, November 08, 2016 10:11 AM Chloe Rempel Re: Portion of ROW to be Vacated On Mon, Nov 7, 2016 at 4:02 PM, Chloe Rempel <crempel(&,,co.weld.co.us> wrote: Hello John, Can you please view the attached map and confirm that you and James would like to vacate the entire right -of way (bold red line)? Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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. 2 Chloe Rempel From: Sent: To: Cc: Subject: Daniel Holmes Tuesday, November 08, 2016 9:57 AM Chloe Rempel Frank Haug PETITION FOR VACATION OF ROW - James Konig C/O John Foster Hi Chloe, Frank asked me to send this to you. These kind of legal descriptions are pretty simple, All of that Right -of -Way along the section line starting at the Southwest corner of Section 11, Township 10 North, Range 62 West and running East 3 miles more or less to the South east corner of Section 7, Township 10 North Range 61 West. Except the Right -of -Way for Weld County Road 81 being the Westerly 30.00 feet of Sections 11 and 14, Township 10 North, Range 62 West and Except the Right -of -Way for Weld County Road 87 being the Easterly 30.00 feet of Sections 7 and 18, Township 10 North Range 61 West you should include a map that shows section, township and range of the area being vacated. You could zoom into the area that is being vacated on our property portal and turn on the section and township layers and high lite the area being vacated, this would be good enough. These are the only two landowners in the area I don't think it should be a problem vacating this ROW. The legal descriptions that take some time are the ones that involve a subdivision. Let me know if you need anything else Dan Holmes PLS Weld County Public Works, Surveyor 1111 H Street Greeley, Colorado 80632 (970) 304-6496 ex3785 Fax (970) 304-6497 E-mail- dholmes@co.weld.co.us 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 1 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. 2 Chloe Rempel From: Sent: To: Subject: Hi Chloe, Janet Lundquist Tuesday, November 08, 2016 11:27 AM Chloe Rempel; Michelle Martin; Evan Pinkham; Frank Haug RE: PETITION FOR VACATION OF ROW - James Konig C/O John Foster Public Works is recommending denial of the vacation of ROW for James Konig. Although the ROW is not maintained by the county currently, we would like to reserve the option in the future. We are also concerned that this vacation would land lock a parcel 029313000008 owned by David Bashor. Thanks, Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 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. From: Chloe Rempel Sent: Tuesday, November 01, 2016 4:43 PM To: Michelle Martin; Janet Lundquist; Evan Pinkham; Frank Haug Subject: PETITION FOR VACATION OF ROW - James Konig C/O John Foster Hello, In accordance with the procedure for processing Petitions for Vacation of Road, Street, or Alley Right -of -Way, please review all records related to the attached petition and return your referral response to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering the request for vacation. PLEASE RESPOND NO LATER THAN: November 16, 2016 Sincere regards, 1 Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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. 2 Chloe Rempel From: Sent: To: Cc: Subject: Daniel Holmes Wednesday, November 09, 2016 7:39 AM Chloe Rempel Frank Haug; Michelle Martin; Evan Pinkham; Tiffane Johnson; Esther Gesick RE: PETITION FOR VACATION OF ROW - James Konig C/O John Foster I would recommend not using a general description to vacate ROW, at some point in time the surrounding land owners are going to want to know where there new boundaries are, the assessor is going to want to know area for tax purposes, as a surveyor I need to be able to lay the description on the ground, General descriptions make this hard for all of us. I think either the petitioner or the county should prepare a legal description for a vacation. Dan Holmes PLS Weld County Public Works, Surveyor 1111 H Street Greeley, Colorado 80632 (970) 304-6496 ex3785 Fax (970) 304-6497 E-mail- dholmes@co.weld.co.us 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. Original Message From: Sent: Tuesday, November 08, 2016 4:07 PM To: Chloe Rempel <crempel@co.weld.co.us> Cc: Frank Haug <fhaug@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>; Daniel Holmes <dholmes@co.weld.co.us>; Tiffane Johnson <tvjohnson@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: Re: PETITION FOR VACATION OF ROW -James Konig C/O John Foster In the past the county has not prepared the legal description unless it was a special request from the BOCC. I am pretty sure we used a general description and/or the applicant supplied a surveyors legal description. Janet Lundquist Sent from my iPhone > On Nov 8, 2016, at 4:01 PM, Chloe Rempel <crempel@co.weld.co.us>wrote: > I spoke with Frank, and correct me if I misunderstood this, but I believe that he said Bruce indicated the applicant is not responsible for providing the legal description. I don't actually need a legal description in terms of meets and bounds, just a general description of the ROW location for the notice that I send out. This might be something that we could mention in the work session with the board -how much of the application is the applicant responsible for? 1 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. » Original Message » From: Chloe Rempel » Sent: Monday, November 07, 2016 2:56 PM » To: Frank Haug <fhaug@co.weld.co.us>; Michelle Martin » <mmartin@co.weld.co.us>; Janet Lundquist <jundquist@co.weld.co.us>; » Evan Pinkham <epinkham@co.weld.co.us> » Subject: RE: PETITION FOR VACATION OF ROW - James Konig C/O John » Foster » Frank, » I haven't discussed the legal description with the applicant? I am currently working on the notice to the applicant and surrounding property owners, and want to ensure that I am sending an accurate legal. » Chloe A. Rempel » Deputy Clerk to the Board » Weld County » 1150 O Street » Greeley, CO 80631 » tel: 970-400-4225 » 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. Original Message » From: Frank Haug » Sent: Monday, November 07, 2016 1:26 PM » To: Chloe Rempel <crempel@co.weld.co.us>; Michelle Martin » <mmartin@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; » Evan Pinkham <epinkham@co.weld.co.us> » Subject: RE: PETITION FOR VACATION OF ROW - James Konig C/O John » Foster » Didn't we decide that we were going to make them provide us with one? » Frank N. Haug » Assistant Weld County Attorney » 1150 O Street » Mailing Address: P.O. Box 758, Greeley, CO 80632 » tel: (970) 356-4000 x4394 » fax: (970) 352-0242 3 » 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. Original Message » From: Chloe Rempel >> Sent: Monday, November 07, 2016 12:19 PM » To: Michelle Martin <mmartin@co.weld.co.us>; Janet Lundquist » <jlundquist@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>; » Frank Haug <fhaug@co.weld.co.us> » Subject: FW: PETITION FOR VACATION OF ROW - James Konig C/O John » Foster » Hello, >> For the purposes of the Reso, what is the legal description that you would like me to use? Unofficially, I believe that the right of way is Section 14, Township 10 North, Range 62 West through Section 18, Township 10 North, Range 61 West. » Thank you, >> Chloe A. Rempel >> Deputy Clerk to the Board » Weld County >> 1150 O Street » Greeley, CO 80631 >> tel: 970-400-4225 4 > Chloe A. Rempel > Deputy Clerk to the Board > Weld County > 1150 O Street > Greeley, CO 80631 > tel: 970-400-4225 > 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. > Original Message > From: Janet Lundquist > Sent: Monday, November 07, 2016 4:04 PM > To: Frank Haug <fhaug@co.weld.co.us> > Cc: Chloe Rempel <crempel@co.weld.co.us>; Michelle Martin > <mmartin@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>; Daniel > Holmes <dholmes@co.weld.co.us> > Subject: Re: PETITION FOR VACATION OF ROW - James Konig C/O John > Foster > Dan and the ROW team a pretty busy. I think the applicant should provide the legal description. > Janet Lundquist > Sent from my iPhone » On Nov 7, 2016, at 3:25 PM, Frank Haug <fhaug@co.weld.co.us>wrote: » I think that we would need to get a more definitive description than what he has provided. Didn't we decide that we were going to make them provide the legal description, rather than making Dan or his ROW team go and do it? We would at least need to know how wide it is. If it is something easy that Dan and the team at PW can come up with that is fine, but I don't want them to spend a bunch of time writing out a legal description if we should be making the applicant do it instead. » Frank N. Haug » Assistant Weld County Attorney » 1150 O Street » Mailing Address: P.O. Box 758, Greeley, CO 80632 » tel: (970) 356-4000 x4394 » fax: (970) 352-0242 » 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 2 » 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. » From: Chloe Rempel » Sent: Tuesday, November 01, 2016 4:43 PM » To: Michelle Martin <mmartin@co.weld.co.us>; Janet Lundquist » <jlundquist@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>; >> Frank Haug <fhaug@co.weld.co.us> » Subject: PETITION FOR VACATION OF ROW - James Konig C/O John Foster » Hello, » In accordance with the procedure for processing Petitions for Vacation of Road, Street, or Alley Right -of -Way, please review all records related to the attached petition and return your referral response to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering the request for vacation. » PLEASE RESPOND NO LATER THAN: November 16, 2016 » Sincere regards, » Chloe A. Rempel » Deputy Clerk to the Board » Weld County » 1150 O Street » Greeley, CO 80631 » tel: 970-400-4225 5 >> 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. 6 Chloe Rempel From: Sent: To: Cc: Subject: Frank Haug Wednesday, November 09, 2016 8:32 AM Daniel Holmes; Chloe Rempel Michelle Martin; Evan Pinkham; Tiffane Johnson; Esther Gesick RE: PETITION FOR VACATION OF ROW - James Konig C/O John Foster Yeah, at some point we are going to need that legal description. I think for purpose of notice we can use what Dan provided. However, at some point if the board approves the vacation and the guy wants to get his title clean, he is going to have to get a solid legal description. Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 fax: (970) 352-0242 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. Original Message From: Daniel Holmes Sent: Wednesday, November 09, 2016 7:39 AM To: Chloe Rempel <crempel@co.weld.co.us> Cc: Frank Haug <fhaug@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>; Tiffane Johnson <tvjohnson@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: RE: PETITION FOR VACATION OF ROW - James Konig C/O John Foster I would recommend not using a general description to vacate ROW, at some point in time the surrounding land owners are going to want to know where there new boundaries are, the assessor is going to want to know area for tax purposes, as a surveyor I need to be able to lay the description on the ground, General descriptions make this hard for all of us. I think either the petitioner or the county should prepare a legal description for a vacation. Dan Holmes PLS Weld County Public Works, Surveyor 1111 H Street Greeley, Colorado 80632 (970) 304-6496 ex3785 Fax (970) 304-6497 E-mail- dholmes@co.weld.co.us 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 1 Chloe Rempel From: Sent: To: Cc: Subject: Evan Pinkham Wednesday, November 09, 2016 8:54 AM Frank Haug; Chloe Rempel; Michelle Martin; Janet Lundquist; Tiffane Johnson Esther Gesick RE: ROW Internal Procedures - CTB After speaking with Tiffane and Dan, it looks like there is 60' of right-of-way along the section line for the entire three mile stretch proposed in the vacation. It appears that the proposed building would not meet the setback requirements, but a survey would need to be completed to verify the distance from section line. Evan Original Message From: Frank Haug Sent: Wednesday, November 09, 2016 8:37 AM To: Chloe Rempel <crempel@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>; Janet Lundquist <jundquist@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>; Tiffane Johnson <tvjohnson@co.weld.co.us> Cc: Esther Gesick <egesick@co.weld.co.us> Subject: RE: ROW Internal Procedures - CTB Thanks Chloe Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 fax: (970) 352-0242 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. Original Message From: Chloe Rempel Sent: Tuesday, November 08, 2016 3:38 PM To: Michelle Martin <mmartin@co.weld.co.us>; Janet Lundquist <jundquist@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>; Tiffane Johnson <tvjohnson@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us> Cc: Esther Gesick <egesick@co.weld.co.us> Subject: ROW Internal Procedures - CTB Hello All, Per our discussion earlier (sorry Tiffane, Elizabeth just let me know that you process right-of-ways and need to be included in the petition to vacate right-of-way process as well), I have adjusted my procedures for processing petitions to vacate right-of-way. In an effort to accommodate for the time that Michelle requested, and to respect the applicant's time as Janet had requested, I settled upon seven business days rather than an overall two weeks (a minimum of seven business days, or the next available Monday afternoon). For example: Referrals sent Monday, November 7, 2016 Seven business days = Tuesday, November 15, 2016 Because we meet on Monday afternoons between 3-4 PM to discuss petitions to vacate ROW, you would actually have until Monday, November 21, 2016 to review the application packet. This is just my initial update to the procedure, and I am of course open to suggestion because I just serve as support to you all. Take a look at the below information and let me know what changes you would like me to make so that this runs more smoothly for you guys :) VI. Once application packet is complete, scan the packet (without the flow sheet) to pdf and email to PL (MM), PW (JL/EP/TJ), and CA (FH). The respective departments have a minimum of seven business days (or until the nearest Monday) to review the application. VII. Create a calendar appointment to review application with Planning, Public Works, and County Attorney on nearest Monday after the appropriate referral time of seven (7) business days has passed. Appointment should be made for 3:00-4:00 PM at the Planning Department. A. In referral meeting, if additional research is needed, ascertain whether an additional meeting is needed, or if additional research can be submitted via email. B. In referral meeting, if additional research is not needed, request that departments send their official recommendation via email. C. Once recommendations have been received, correspond with both the relative departments and the applicant and/or authorized agent to set a BOCC hearing date. VII. Create a calendar appointment for BOCC hearing date and invite PL (MM), PW (JL/EP/TJ), CA (FH), and CTB. 2 IX. Create notice, envelopes, and certificate of mailing form. Make a copy of the notice and certificate of mailing form for the application packet. Create a calendar reminder for ten days before the BOCC hearing (not including the day of submittal or the day of the hearing) to remind yourself to send out notice to applicant and surrounding property owners. Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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. 3 Chloe Rempel From: Sent: To: Cc: Subject: Frank Haug Wednesday, November 09, 2016 8:55 AM Evan Pinkham; Chloe Rempel; Michelle Martin; Janet Lundquist; Tiffane Johnson Esther Gesick RE: ROW Internal Procedures - CTB Thanks Evan, so I think what we tell the guy is that he will need to clarify what he is asking to vacate, and if he wants to get a permit for the building, he will need to get a survey to make sure it is clear where the ROW is and the setbacks also. Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 fax: (970) 352-0242 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. Original Message From: Evan Pinkham Sent: Wednesday, November 09, 2016 8:54 AM To: Frank Haug <fhaug@co.weld.co.us>; Chloe Rempel <crempel@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Tiffane Johnson <tvjohnson@co.weld.co.us> Cc: Esther Gesick <egesick@co.weld.co.us> Subject: RE: ROW Internal Procedures - CTB After speaking with Tiffane and Dan, it looks like there is 60' of right-of-way along the section line for the entire three mile stretch proposed in the vacation. It appears that the proposed building would not meet the setback requirements, but a survey would need to be completed to verify the distance from section line. Evan Original Message From: Frank Haug Sent: Wednesday, November 09, 2016 8:37 AM To: Chloe Rempel <crempel@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>; Tiffane Johnson <tvjohnson@co.weld.co.us> Cc: Esther Gesick <egesick@co.weld.co.us> Subject: RE: ROW Internal Procedures - CTB Chloe Rempel From: Sent: To: Subject: John Foster <jfoster984@gmail.com> Wednesday, November 09, 2016 3:25 PM Chloe Rempel Re: Portion of ROW to be Vacated Chloe, In answer to your question, there are already buildings that are close to the ROW. In my conversations with Jim his intentions are to keep this land in the family for generations and wants the ability to use the land in its most efficient manner possible which vacating the ROW would allow. I have spoken with Dave Bashor a couple of times about this topic and he also feels like Jim does. I hope this answers your question. Feel free to contact me with any other questions or concerns. Thanks, John Foster NWTF Colorado President On Tue, Nov 8, 2016 at 3:52 PM, Chloe Rempel <crempel(cr�co.weld.co.us> wrote: John, Thank you for reviewing the map. I understand that you are hoping to vacate the right-of-way because your father-in-law would like to build a building near the portion of the right-of-way closest to County Road 81. I want to confirm that your intent (as well as David Bashor's intent) is to petition for the entire right-of-way to be vacated, or if vacating the right-of-way from County Road 81 to County Road 83 would fulfill the same purpose? Thank you again, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 t 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. From: John Foster [mailto:jfoster984 aigmail.com] Sent: Tuesday, November 08, 2016 10:11 AM To: Chloe Rempel <crempela,co.weld.co.us> Subject: Re: Portion of ROW to be Vacated Hello Chloe, The map looks correct. Thanks, John Foster NWTF Colorado President On Mon, Nov 7, 2016 at 4:02 PM, Chloe Rempel <crempel(n eo.weld.co.us> wrote: Hello John, 2 Can you please view the attached map and confirm that you and James would like to vacate the entire right -of way (bold red line)? Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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. 3 Chloe Rempel From: Sent: To: Subject: Attachments: Hello, Chloe Rempel Tuesday, November 15, 2016 1:01 PM 'townofgrover@wigginstel.com' i nstel.com' Petition to Vacate Right -of -Way - James Konig - 57851 CR 81 in Grover, CO 80729 Grover Referral Maps.pdf The Weld County Clerk to the Board's Office received a Petition to Vacate Right -of -Way from James Konig. The right-of- way lies along the section line along County Road 118, between County Roads 81 and 87 (please see the attached maps). Because the right-of-way is near the Town of Grover, we are requesting that you forward this email to your Planning Department, and to your Public Works Department for referral. If they have any objections, please have them respond to me via email. This petition will be heard before the Board of County Commissioners on Monday, November 21, 2016. If you have any further questions or concerns, please do not hesitate to contact me. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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 Chloe Rempel From: Sent: To: Cc: Subject: John, Chloe Rempel Friday, November 18, 2016 2:45 PM 'John Foster' Frank Haug RE: Portion of ROW to be Vacated There are currently five commissioners within Weld County: Chair — Mike Freeman, Sean Conway, Barbara Kirkmeyer, Julie Cozad, and Steve Moreno. At the hearing on Monday, two out of the five Commissioners will be absent (both Mike Freeman and Steve Moreno). We are going to move forward with the hearing; however, if the Commissioners do not agree unanimously on a decision, we will have to reconvene at a later date when all five Commissioners are present. We do not anticipate this occurring, but I wanted to inform you of it's potential. As well, I have received referrals back from the Weld County Departments of Public Works and Planning. The departments are going to recommend denial of your petition because they would like to reserve the right to form a road in the future, and they are concerned that it would make one of the Bashor's properties more difficult to access. While the departments have made a recommendation for denial, the final decision lies in the hands of the Board of County Commissioners, and as such, you have every right to contest the department's concerns at the hearing on Monday. The Assistant County Attorney and I will be in the hearing room at approximately 8:45 AM on Monday morning, and would be happy to speak to you about what to expect once the hearing begins. You can also contact me or the Assistant County Attorney, Frank Haug, if you have any questions or concerns in the meantime. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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. From: John Foster [ma ilto:jfoster984@gmail.com] Sent: Wednesday, November 16, 2016 11:01 AM 1 From: Frank Haug, To: Chloe Rempel; Esther Geslck Subject: resolution for vacation today. Date: Monday, January 09, 2017 11:24:26 AM I attached the legal description from PW. Also, will you let me review the reso before it goes out? Thanks. All of that Right -of -Way along the section line starting at the Southwest corner of Section 11, Township 10 North, Range 62 West and running East 3 miles more or less to the South east corner of Section 7, Township 10 North Range 61 West. Except the Right -of -Way for Weld County Road 81 being the Westerly 30.00 feet of Sections 11 and 14, Township 10 North, Range 62 West and Except the Right -of -Way for Weld County Road 87 being the Easterly 30.00 feet of Sections 7 and 18, Township 10 North Range 61 West. Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 fax: (970) 352-0242 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. rU co co m 0 a II O a U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com='. yyyy \) •V....� Jai JJ.YA • VI >c> v Weea Certified Mail Fee $nIa Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ Ej Certified Mail Restricted Delivery $ Adult Signature Required $ El Adult Signature Restricted Delivery $ Postage $ �Io Total Postage and Fees sn/� ..1] Sent To a -Tomes Korj Street and Apt. No., or PO Box No. j 5"IgcI�CRS% ty, State, ZIP+4 r 11-e r CO SO PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions MO Postmark Here O111r7 Chloe Rempel From: Sent: To: Subject: Attachments: Chloe Rempel Monday, January 30, 2017 4:44 PM 'John Foster' FINAL SIGNED RESOLUTION - Petition for Vacation of Right -of -Way - James Konig C/O John Foster 20170133.pdf Hello, Attached is the final resolution signed by the Board of County Commissioners. Please forward as necessary. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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
Hello