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Home My WebLink About20162645.tiffRESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF LEONA AVENUE - KENNETH L. PEREZ 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 Kenneth L. Perez, 11539 Frederick Street, Fort Lupton, CO 80621, a copy of said petition and a list of the adjoining property owners marked Exhibit A, attached hereto and incorporated by reference, requesting vacation of a portion of right-of-way for former Leona Avenue, being more fully described in Exhibit A-1, attached hereto and incorporated by reference. WHEREAS, the Department of Public Works has recommended denial of said request since that portion of right-of-way may be 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, and to retain a 20 -foot easement for the County along the western property line for a six-inch water line and other utilities with said vacation to become effective upon recording as required below, and WHEREAS, pursuant to Section 43-2-302 C.R.S., and in consideration of the mutual promises of the parties and other good and valuable consideration as acknowledged, Mr. Perez conveys to the County a 20 -foot access and utility easement for the purpose of installing a six-inch water line and other utilities, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from Kenneth L. Perez, be, and hereby is, accepted. 4234790 Pages: 1 of 5 09/08/2016 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 �Ir1Ir�ti I�h'Il�li' k'�k"P� I i�ariI �IN,II4FLr,; �� •III cc.:Pu)( Pc. ), ca,cFH) 2016-2645 EG0073 RE: VACATION OF LEONA AVENUE -- KENNETH L. PEREZ PAGE 2 BE IT FURTHER RESOLVED by the Board that the portion of right-of-way described in Exhibit A-1 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. BE IT FURTHER RESOLVED by the Board that a 20 -foot easement shall be retained by the County, and granted by Mr. Perez, for the County to accommodate a six-inch water line and other utilities, along the western property line. 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 Exhibits A and A-1 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 15th day of August, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:dad/4AJ Weld County Clerk to the Board BY 0-1 • Rik/LS> puty Clerk to the Board APP5OVDA rT F unty Attorney Date of signature: AC t / OC(G 423479' Pages: 2 of 5 09/08/2016 10:52 AM R Fee:$0 $®00 �a�nty , CO G��r 0v iCnni�as Clerk and Recorder, ,,� Mike Freeman, Chair teve Moreno 2016-2645 EG0073 RE: VACATION OF LEONA AVENUE — KENNETH L. PEREZ 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. 2015-2069. 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 #146925000011 JAMES AND SHARON ROBBINS 10764 ZUNI DRIVE WESTMINSTER CO 80234-3161 PARCEL #146925100028 ASPHALT PAVING COMPANY 14802 W 44TH AVENUE GOLDEN CO 80403-1893 PARCEL #146925105001 JOHN RICARDO AND MARY MORALES 209 S 13TH AVENUE BRIGHTON CO 80601-2228 PARCEL #149625105002 PARCEL #146925105013 PARCEL #146925105014 KENNETH PEREZ 11539 FREDERICK STREET FORT LUPTON CO 80621-7808 4234790 Pages: 3 of 5 R Fee:40.00 09/05/2016 y 10:52 AM �Co County, ifiili�i��t �lllI CariY KOF�e�es, Clerk and Recorder, Weld Gou��ty, CO Vr !i�1�I',i:t �'ll�hh` ' tralidi • 2016-2645 EG0073 EXHIBIT-Aa S25-TIN-R67W PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 25, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO SAID PARCEL BEING A PORTION OF THE TOWN OF WATTENBERG FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO, 144927 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THAT AREA LYING NORTH OF THE NORTH RIGHT—OF—WAY OF FREDRICK STREET, SOUTH OF THE SOUTH RIGHT—OF—WAY OF THE ALLEY IN BLOCK 12, WEST OF LOT 20 BLOCK 12, AND EAST OF LOT —B OF RECORDED EXEMPTION 1469-25-2—RE373 AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1781856; SAID PARCEL CONTAINS 3,750.00 sf. OR 0.09 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 a • 38213 '4 ff/ fff • . . • •� 4 EAs 'llyy(( S .. es 4234790 Pages: 4 of 6 09/08/2016 10:52 AN R Fee:$,0.08 Carly Koppes, Clerk and Recorder, Weld County, CO ■IIJ gtRIO 11101&kilticliii rigk kN * L'Vin!(C'ILi?Ey ■1 II RIGHT OF WAY VACATION TOWN OF WATTENBERG WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS LENONA AVENUE PROJECT PROJECT NO: SCALE: DATE: 8-1-16 DRAWN BY:DRF1 SHEET: 1 oft 2016-2645 EXHIBIT —A— � S25-TIN-R67W i k%4 30' 4\P* (8) el yF' 4Q�`' 4 _ i I _ EDWARD ST. ALLEY in r ref 0 H C cc 0 0 a 0 In 0 H 0 FREDRICK ST. RIGHT OF WAY VACATION TOWN OF WATTENBERG WELD COUNTY, COLORADO 4234790 Pages: 5 of 5 09/08/2016 10:52 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III fib! :r��+��'rs�1Y,� �fi l� 11.11 FIH IT,17It 4''14 X1111 6,1,00 ass WELD COUNTY DEPARTMENT OF PUBLIC WORKS LENONA AVENUE PROJECT PROJECT NO: SCALE: 1":=.50 DATE: 8-1-16 DRAWN BY:DRH SHEET: 2 oft 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 days prior to the date the application is submitted to office of the Clerk to the Board, 1150 0 Street, P.O. Box 758, Greeley, CO 80631. One original written explanation of the application and reason for proposing the right-of-way vacation. Application fee APPLICATION FEE $ 216.00 HEARINGS/MEETINGS PROCESSING TIME Weld County Board of County Commissioners 60 days Utility Advisory Board, if applicable 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. 30K0- &Cot1 5 PETITION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY DESCRIPTION OF RIGHT-OF-WAY (include ///Ageneral �ldescription as well as Section, /+ Township, Range): y/�) Au t �`y 3 u gTh'S v •\s t 0 tJ f tut a I'si e t ( it+ .f L (2-.7 t o & ca. 5. ' ! C �. s kss If ; � ITN " ,A sir G 7 L/ L, E c pJ A Ae v c_ ' A- o u xi u :4* s≥c kt Be, t c r ' c's 111 1 k .,4 P4 w-, . ? E z 4V -! tc"+.6 "r A ..r )15.1 q FR- csge`\ck 5"T 4- cThtttS •4--,41 +ilt}a0N.► cakeb1b; 40-5 * O *".._. 1JJ .t%$ 't" 1413 1 fatted/4- PETITIONER OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: tv Ad it:: L. V4,. c 7 --- Work Phone #J I f s -s- e 3 Pi Home Phone # l o y et c t^ S"ot 7 Email Address n Pr 4.f.1 t e 1.3r. IAA -As s Q M `h4:L • cots, Address: /153 q FRE tyf Q., i e k ,5 Sic T t o v )S' 2otilwilA k'p 1A) P 1p G City/State/ZipCode i= O P T Lai c NC t` 20 C C L 1 11 -.. L eri z / 7,1 8 1 1 C4 ) a O LIST ALL ADJACENT LANDOWNERS Of additional space is required, attach an additional sheet): Name: S }# to cl>~. o & z„ , iR c ,k� 1 „r s trick S 6, Ain; .t,! Address: 'Si' c.g m- AYE" EN) e- 16 Parcel: t G a a( t 4 E L rr c► D 1 O " u 3W% p_t-A) Pti1/44 e sal It) kg' xiNg r * PFcLs_ pA- •c. `- ci,.mss"/oS'e o - 1 i s -3 c P s i:AI R c k ST .5 \:.eVDNI; SyrI-2' t 'c` ssiJ a CI" . 1 _ �.- t� c `, a at Ki ,`• r R (' el R.) APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: }�' thiv,4 g_ �-, +L , 'Pt' R ; . Work Phone # 2c3 s std 33 Lj3 Home Phone # 3v Ii To WI 7 Email Address )E R t .." tats , get r4,,,C% L • Can Address: 0531 'F a‘ rt tick 4 'C Cityl State/ZipCode f l Pk L. u ktir-i cc S t c a 1 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: IV0 Nil 6 DISTRICTS School: F' -'k L< u . \ t Fire: CF fin, �, R 4^q -k c e*'i r J ti S *C ; e 1 Post Office: t-- t1 a 'A- ? k 0 *�:l JURIS TION 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 troth the Weld County Board of County Commissioners and the governing body of the other jurisdiction. Affirmation By submitting this application, all undersigned Petitioners understand and agree that the Board of County Commissioners may approve or deny the petition in whole or in part reserve any and all current utilities, easements, and other encumbrances currently existing on the right of way; impose other provisions as the 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, andlor 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, no razed evidence st be included indicating the signatory has the legal authority to sign for the corporation �` (,J f r� • Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date EXPLANATION OF APPLICATION OF PETITION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY I, Kenneth Perez, am proposing a right-of-way vacation to a road in Weld county for the following explanation. The area in question is located in the town of Wattenberg, Section 25, Township IN, Range 67W, in Weld County Colorado. The road is Leona Ave, adjacent to 11519 Frederick St (Block 12, Lots 17, 18,19 and 20, parcel number 146925105002 to the east owned by Kenneth L Perez, and 1931 Leona Ave, parcel number 146925000011 to the west owned by James E Robbins and Sharon L Robbins. Currently this road begins at County road 6 and physically terminates at Edward st. It appears it was once planned between Edward st south to Frederick st but does not exist at this point. Please refer to the attached map printed from the Weld County Assessor's office official site for further visual explanation of the above written explanation. The portion of the road wishing to be vacated would incorporate from Frederick St on the south side North to the Northwest corner of parcel number 146925105002. I am beginning stages of building a residential home on my property at 11519 Frederick St which is what the land is zoned for. With a 20 foot easement required on the west side of my property (due to the fact there is supposed to be a road there but one doesn't exist), is greatly restricting the size of my proposed home. This road in question not only doesn't exist but would not serve any purpose now or in the future to me or any of my adjacent land owners. Your consideration in this matter is greatly appreciated. Thank you, Kenneth Perez County Boundary O VI w 46 a 2 Enter Map Description aI _ • 0 co c ▪ IZ m „cc E • Les N c O Vt m it a ro Iai A N Y • w to T as re rn O Q vs pp CL C ▪ s- L VI a, .- r IQ r 0 II'�_i..b4J {f fl ?Av. i/'M037 -}1323-V • I 1 Pt's' He II z C PLAT OF THE TOWN OF WAT TENI3EHG, WELD COUNTY, COLO. Sit atedin ateNortitenst quarter of Section 25,Tp.l N., R.67 W. of ille 6th P.M. Se ale: 100 ft tot Inch, .t I}nIrIT c • . n art I • 1 !. I 1 nun ma!! I •I I/ 'I I. SIN 1I 1 EDWARD I D II la 14 ern M • a •• I, a d H • w Ii a •I [ g 1 a. • 41 . • • If r r• ,t I • • • 1 • • I • 7 • • ' 1 Is • FREDERICK •. .1•.t1 11 tl' I M Ill I• ••�1. s I T R . a N • NIP •H • 1• M I.a I. 0 4J WILLIAM y 4 . a en aIY1 4 _ I. e. n II 4I••4 •q • JULIUS Mr If •. A i Pi LP I u s II K W • I. I• • • I I t ■ . 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L..S f. f.aa.,.L.i.+/.ri+f.•.r•I.i.�•a%�+.•[.7-y...r �f l.••. tprAi r71 at•a?,.t I.Irannwn, -I..• ,- 'Pt P,gefrkka re - P fdrr s% J4 x Signature ,/ Date AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: 17 C.- F, 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. 17._41,,/d signature Date Signature Date WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/19/2016 12:13:48 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 anginal. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Signature Date Property Owners Within 100 ft of Parcel # 146925105002 Account Owner Mailing Address Parcel R6060386 146925000011 ROBBINS SHARON L R6060386 146925000011 ROBBINS JAMES E 10764 ZUNI DR WESTMINISTER, CO 802343161 R7207998 146925100028 I ASPHALT PAVING CO 14802 W 44TH AVE GOLDEN, CO 804031893 R6065086 146925105001 MORALES JOHN RICARDO & MARY 209 S 13TH AVE BRIGHTON, CO 806012228 R6065186 146925105002 EREZ BONN'�IEL - R6065186 146925105002 PEREZ KENNETH L 11539 FREDERICK ST FORT LUPTON, CO 806217808 R7963899 146925105013 PEF1EZBONNIE--E R7963899 146925105013 11539 FREDERICK ST FORT LUPTON, CO 806217808 PEREZ KENNETH L R7963999 146925105014 PEREZ KENNETH L 11539 FREDERICK ST WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/19/2016 12:13:48 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 Date Property Owners Within 100 ft of Parcel # 146925105002 Account Parcel Owner Mailing Address FORT LUPTON, CO 806217808 O o " CO 0 CO su20 Q�r..fJ U o © a>> cu tta O N RECEIPT DATE -7 rat 1 Pao o ce, RECEIVED FROM D an e, l a- i Peet L ADDRESS ! 1 3 °I ire d er; ;s St Roc 4- Lop ton 4 CO SPO a 91 - 1 *Ofr FOR PC,. f+o n +0 Vet cot le. i c tA.) 4 HOW PAID CASH CHECK . I 4 O+( ea..�, ice' MONEY ORDER NO. 88821 $ raICs. 06 i t Q-7 BY �� Chloe Rempel From: Sent: To: Cc: Subject: Hi Chloe, Janet Lundquist Wednesday, July 27, 2016 10:45 AM Chloe Rempel; Michelle Martin; Evan Pinkham; Richard Hastings Frank Haug RE: PETITION TO VACATE ROW - Kenneth L Perez Public Works is recommending denial of the petition to vacate ROW. This ROW can be utilized as a secondary access for the neighboring properties and could be utilized as an emergency access. Vacating the ROW also restricts the county in the construction of a road in the future, if a roadway is needed. Tha nks, Janet Lundquist Support Services Manager Weld County Public Works Dept. P.Q. 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. Original Message From: Chloe Rempel Sent: Thursday, July 21, 2016 1:02 PM To: Michelle Martin; Janet Lundquist; Evan Pinkham; Richard Hastings Cc: Frank Haug Subject: PETITION TO VACATE ROW - Kenneth L Perez Hello, In accordance with the procedure for processing Petitions to Vacate ROW, 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: August 4, 2016 t Chloe Rempel From: Sent: To: Cc: Subject: Hi Everyone, Michelle Martin Wednesday, July 27, 2016 10:53 AM Janet Lundquist; Chloe Rempel; Evan Pinkham; Richard Hastings Frank Haug RE: PETITION TO VACATE ROW - Kenneth L Perez The Planning Department also has concerns regarding the petition to vacate the ROW. The Planning Department concerns mirror the issues outlined in Public Works' email dated July 27, 2016. Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co_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. Original Message From: Janet Lundquist Sent: Wednesday, July 27, 2016 10:45 AM To: Chloe Rempel <crempel@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>; Richard Hastings <rhastings@co.weld.co.us> Cc: Frank Haug <fhaug@co.weld,co.us> Subject: RE: PETITION TO VACATE ROW - Kenneth L Perez Hi Chloe, Public Works is recommending denial of the petition to vacate ROW. This ROW can be utilized as a secondary access for the neighboring properties and could be utilized as an emergency access. Vacating the ROW also restricts the county in the construction of a road in the future, if a roadway is needed. Thanks, Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 t Chloe Rempel From: Sent: To: Subject: Frank Haug Wednesday, July 27, 2016 3:48 PM Michelle Martin; Janet Lundquist; Chloe Rempel; Evan Pinkham; Richard Hastings RE: PETITION TO VACATE ROW - Kenneth L Perez I spoke to Ms. Perez, explained the options, and tried to help her understand the potential downsides to her ROW vacation. She indicated that her intention was to move forward with the request to the board and ask for that to be vacated. I explained that we would be recommending denial. She was undeterred. At this point I guess we just set it and do our notice and then see what other folks say. Any other thoughts from anyone? Frank N. Haug Assistant Weld County Attorney 1150 0 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: Michelle Martin Sent: Wednesday, July 27, 2016 10:53 AM To: Janet Lundquist <jlundquist@co.weld.co.us>; Chloe Rempel <crempel@co.weld.co.us>; Evan Pinkham <epinkham@co.weld.co.us>; Richard Hastings <rhastings@co,weld.co.us> Cc: Frank Haug <fhaug@co.weld.co.us> Subject: RE: PETITION TO VACATE ROW - Kenneth L Perez Hi Everyone, The Planning Department also has concerns regarding the petition to vacate the ROW. The Planning Department concerns mirror the issues outlined in Public Works' email dated July 27, 2016. Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 400-3571 FAX: (970) 304-6498 1 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: August 15, 2016 TIME: 9:00 a.m, APPLICANT: Kenneth L. Perez 11539 Frederick Street Fort Lupton, CO 80621 REQUEST: Petition to Vacate a portion of Leona Avenue, Town of Wattenberg, subject to dedicated and recorded easements and rights -of -way. LEGAL DESCRIPTION: A parcel of land located in section 25, Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado said parcel being a portion of the town of Wattenberg filed in the Weld County Clerk and Recorders office under reception No. 144927 and more particular described as follows: All of that area lying North of the North Right -of -Way of Fredrick Street, South of the South Right -of -Way of the alley in Block12, West of Lot 20 Block 12, and East of Lot -B of Recorded Exemption 1469-25-2-RE373 as filed in the Weld County Clerk and Recorders office under reception No. 1781856. Said parcel contains 3750.00 sf. Or 0.09 ac. more or less. 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