HomeMy WebLinkAbout20163610.tiffRESOLUTION
RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF COUNTY
ROAD 11 BETWEEN COUNTY ROAD 32 AND COUNTY ROAD 34 - CHARLES
MYERS
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 Charles Myers, 4998
County Road 34, Platteville, CO 80651, 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 34, between Interstate -25 and County Road 13, being
more fully described as follows:
East 30 feet of Section 14, Township 3 North, Range
68 West of the 6th P.M., Weld County, Colorado, as
further described in Exhibit B.
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, the petitioners, being the adjacent property owners on both sides of the road
right-of-way, have waived written notice of this hearing, 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Petition from Charles Myers be, and hereby is, accepted.
4266470 Pages: 1 of 5
12/30/2016 01:45 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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2016-3610
EO0073
RE: VACATION OF CR 11, BETWEEN COUNTY ROAD 32 AND COUNTY ROAD 34 -
CHARLES MYERS
PAGE 2
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.
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 B 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 28th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
W. tido:Ok
Weld County Clerk to the Board
BY:
equty Clerk to the Clerk to the Boar
D AS T
ounty Attorney
Date of signature: l a
4266470 Pages:
R
12/30/2016 01:45 PM of 5
Carly KoppeS , Clerk Fee:$0.00
$@ . 00
and Recorder ,
V Weld County, CO
11111 EirwiliffUtelfrAAIN ar,P Cali!
�I III
Mike Freeman, Chair
Sean P. Conway, Pro-Te y
LOR/4--et;
JdliCozad
EXCUSED
Barbara Kirkmeyer
Steve Moreno
2016-3610
EO0073
RE: VACATION OF CR 11, BETWEEN COUNTY ROAD 32 AND COUNTY ROAD 34 -
CHARLES MYERS
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. 2016-3610.
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 #120711400097
HIGH BAR RED ANGUS LLC
4845 COUNTY ROAD 34
PLATTEVILLE, CO 80651-9612
PARCEL #120712000073
GREAT WESTERN OIL AND GAS COMPANY
C/O MERIT ADVISORS LP
11990 GRANT STREET, SUITE 314
NORTHGLENN, CO 80233-1135
PARCEL #120712000073
KP KAUFFMAN COMPANY INC
C/O K E ANDREWS AND COMPANY
3615 S HURON STREET, SUITE 200
ENGLEWOOD, CO 80110
PARCEL #120712000073
POSTLE PROPERTIES III LLC
C/O JAMES POSTLE
8392 NIWOT MEADOW FARM ROAD
NIWOT, CO 80503
PARCEL #120713000081
KATHLEEN KEENAN REV TRUST
5200 COUNTY ROAD 34
PLATTEVILLE, CO 80651-9613
4266470 Pages: 3 of 5
12/30/2016 01:45 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder,
III rdiThilitIMINIIIIIIIIIIFIALOWialkig
orWe1d CountY� CO
,
Vilik I III
2016-3610
EO0073
RE: VACATION OF CR 34, BETWEEN COLORADO INTERSTATE -25 AND COUNTY
ROAD 13
CHARLES MYERS
PAGE 4
PARCEL #120714000086
TODD L AND ROBYN G BRUXVOORT
4908 COUNTY ROAD 34
PLATTEVILLE, CO 80651-9611
PARCEL #120714000087
PENNY J AND CHARLES E MYERS III
4998 COUNTY ROAD 34
PLATTEVILLE, CO 80651-9611
PARCEL #120714000089
BELLE R BUCHHOLZ
PO BOX 594
MEAD, CO 80542-0594
4266470 Pages: 4 of 5
12/30/2016 01:45 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, COIII MIN IMIi TONIIIIIIC:Iii0isi
2016-3610
EO0073
EXHIBIT
1 B
PETITION FOR VACATION OF ROAD RIGHT OF WAY
CLERK TO THE BOARD
PHONE: (970) 336-7215, Ext. 5226
FAX: (970) 336-7233
1150 O STREET
P. O. BOX 758
GREELEY, COLORADO 80632
RE: CHARLES MYERS C/O STEEL STRUCTURES AMERICA, INC
LEGAL DESCRIPTION: The portion of the public road right-of-way parallel to parcel
number 120714000087, lying 30 feet on either side of the East 30 feet of Section 14,
Township 3 North, Range 68 West of the 6th P.M. in Weld County, Colorado.
4266470 Pages: 5 of 5 00
12/30/2016 01:45 PM R cord :$0.00 County, CO
Carly Koppes, Clerk ,I111
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
n lad 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 O Street, P.O. Box
/758, Greeley, CO 80631.
/ One original written explanation of the application and reason for proposing the right-of-way vacation.
‘.----- 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.
RECEIVED
O C T 3 1 2016
WELD COUNTY
COMMISSIONERS
2016-3610
PETITION FOR VACATION OF ROAD, STREET OR ALLEY RU3T-OF-WAY
DESCRIPtION OF RIGHT-OF-WAY (include general description as well as S ction, Townsh
A/O t(0\11-1,—C'Y1 P -nAc (G V k' o -F l,,JCU -Foy
�c
PETITIONER HE PROPERTY (If additional space is required, attach an addi .nal sheet)
Name:
Range):
0a( -L
Mt (1241n P -Yin
Work Phone # Home Phone # mail Address
Address: `\
City/State/ZipCode
LIST ALL ADJACENT LAN OWNERS (if additional space is re ired, attach an additional sheet):
Name:
Address:
Parcel:
APPLICANT OR AUTHORIZED AGENT See : l w: Authorization must accompany applications signed by Authorized Agent)
Name:
Work Phone # Ho ►e Phone # Email Address
Address:
City/State/ZipCode
UTILITIES/EASEMENTS
Existing utilities, including • t not limited to, oil and ga pipelines, sewer, gas, water, or similar pipelines and
appurtenances, ditches -•r canals and appurtenance and electric, telephone, and similar lines and
appurtenances within the ight of way or holding a recorded terest to use or cross this right of way include:
DISTRICTS
School:
Fire:
Post Office:
JURISDICTION
This right of way is located exclusively within the unincorporated area\3f the County.
This right of way forms a boundary with another county, state, or incoroorated 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.
PETITION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY
DESCRIPTION OF RIGHT-OF-WAY (include general description as wel17(fl rlv�'� ViaL-K
as Section, Township, Range):
t3to2�j(1! G 67-_ Ci�1 4l pwc'YA 1 Nvi/ �'� (� (� �'v
.� rye 11
PETITIONER OF THE PROP RTY (If additional space is required, attach an additional sheet)
Name: ono (71 (7/ Ens
Work Phone # - - omeyhone # 1/454,02e___, Email Address
Address: 7 E` �Oweim4 Gad c37
City/State/ZipCode fkliteirt l ley ('to dO COG,/
LIST ALL ADJACENT LANDOWNERS (if additional space is required, attach an additional sheet):
Name: 4 e7-&4/-1 / i ��-1 IP >✓G� Pev- DIA st--
Address: 5.9-O( C( -34—
Parcel: I,; >0voo 3)
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applicatio s signed by Authorized Agent)
Ck/
Name: 55(ezc_ C5/C% - Stec 1 Stu- C -
Work Phone #303-g6.0 3415(klome Phone # 5Cc flfle- Email Address
Address: 'i5I K F. " at FRJY-t t e_a
City/State/ZipCode LDYtc rmiut j 2Oe-z)
UTILITIES/EASEMENTS
Existing utilities, including but not limited to, oil and gas pipelines, sewer, gas, water, or similar pipelines and
appurtenances, ditches or canals and appurtenances, and electric, telephone, and similar lines and
appurtenances within the right of way or holding a recorded interest to use or cross this right of way include:
DISTRICTS
School:
Fire:
Post Office:
JURISDICTION
_� 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.
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 auth•rity to sign for the
corporation.
ature: O ner or Authorized Agent l ate
Signature: Owner - Aut orized Agent Date
APPLICATION ASSISTANCE AND OFFICE LOCATIONS
Weld County Planning and Zoning
Department of Planning Services
1555 N 17th Ave
Greeley CO 80631
(970) 353-6100 x3540
Web link —
www.co.weld.co.us/Departments/PlanningZoning
Weld County Building Inspection
Department of Planning Services
1555 N 17th Ave
Greeley CO 80631
(970) 353-6100 x3540
Web link —
www.co.weld.co.us/Departments/PlanningZoning
Water Wells - State of Colorado
Division of Water Resources
1313 Sherman St
Rm 818
Denver CO 80203
(303) 866-3581
Division of Water Resources
810 Ninth St
2nd Floor
Greeley CO 80631
(970) 352-8712
Web link - www.water.state.co.us
Geological - State of Colorado
Colorado Geological Survey
Division of Minerals and Geology
1313 Sherman St
Rm 715
Denver CO 80203
(303) 866-2611
Web link - www.geosurvey.state.co.us
Weld County Clerk to the Board
1150 O Street
PO Box 758
Greeley, CO 80632
970-336-7215
Web link:
www.co.weld.co.us/Departments/Commissioners/CI
erktotheBoard
Weld County Department of Public Works
Department of Public Works
1111 H St
Greeley CO 80631
(970) 356-4000 x3750
Web link —
www.co.weld.co.us/Departments/PublicWorks
Colorado Highways
Colorado Department of Transportation
1420 Second St
Greeley CO 80631
(970) 353-1232
Web link — www.coloradodot.info/
Weld County Septic Permits
Department of Public Health and Environment
1555 N 17th Ave
Greeley CO 80631
(970) 304-6415
Web link —
www.co.weld.co.us/Departments/HealthEnvironment
Soil Conservation Districts
Big Thompson (Fort Collins) - 970-223-0960
Boulder Valley (Longmont) - 303-776-4034
Centennial - 970-522-7554
Fort Collins - 970-221-0611
Longmont - 303-776-4034
Morgan - 970-867-9659
Platte Valley (Brighton) - 303-659-7004
Southeast Weld (Brighton) - 303-659-7004
West Adams (Brighton) - 303-659-7004
West Greeley - 970-356-6506
Web link — www.cacd.com
Weld County Attorney's Office
1150 O Street
PO Box 758
Greeley, CO 80632
970-336-7235
Web link:
www.co.weld.co.us/Departments/CountyAttorney
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), Ch a. r /tc31- 109 er6
(Owner — please print) y
, give permission to CJiSSIII at izersi Ck.J
(Applicant/Agent — please print)
to apply for any Planning, Building or Health Department permits or services on our behalf, for the property
located at:
X991( OounPtl I?oaz,3`{ P/pticv,JiC 80 151
Legal Description: Pr N511 of Section / , Townships N, Range (08 W
Subdivision Name: Lot Block
Property Owners Information:
Phone: ,on3 " (03 - 049-81
E-mail:
pe.nn9Lctnepefcon(. Conn
Applicant/Agent Contact Information: /� dsPhone: 3Q3- g(650 E -Mail: Jess,co-C�`'T Cn sa •
Email correspondence to be sent to: Owner Applicant/Agent Both ►���
Postal service correspondence to be sent to: (choose only one) Owner Applicant/Agent
\.7--
Additional Info:
Owner Signature:
Owner Signature:
Date: f/_ %
• /Li' Date: / /� "1
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Property Legal Description:
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached
list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number
assigned by the Weld County Assessor of the owners' of property (the surface estate) adjacent to the road, street
or alley considered for vacation. This list was compiled from the records of the Weld County Assessor, or a
person qualified to do the task, and shall be current as of a date no more than thirty 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 Date
/0'45/,
Signature Date Signature Date
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
10/21/2016
2:20:06 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.
/O7c-
Property Owners Within 500 ft of Parcel # 120714000087
7Z0
Signature
Date
Account
Parcel
Owner
Mailing Address
R3457105
120711400097
HIGH BAR RED ANGUS LLC
4845 COUNTY ROAD 34
PLATTEVILLE, CO 806519612
O9531368
120712000073
GREAT WESTERN OIL & GAS COMPANY
C/O MERIT ADVISORS LP
11990 GRANT ST STE 314
NORTHGLENN, CO 802331135
O9531369
120712000073
GREAT WESTERN OIL & GAS COMPANY
C/O MERIT ADVISORS LP
11990 GRT S114 ,
AB LSE 3NORTHGLENN,
UJ(Jl
lca`�� .�
CO 802331135
O9531370
120712000073
GREAT WESTERN OIL & GAS COMPANY
C/O MERIT
ADVISORS LP
= ce
11990 GRASTE
314 —_
'Dopl1ca+t
.-
NORTHGLENN, CO 802331135
O0194690
120712000073
K P KAUFFMAN COMPANY INC
C/O K E ANDREWS & COMPANY
3615 S HURON ST STE 200
ENGLEWOOD, CO 80110
R0351195
120712000073
POSTLE PROPERTIES III LLC
C/O JAMES POSTLE
8392 NIWOT MEADOW FARM RD
NIWOT, CO 80503
R0021389
120713000081
KEENAN KATHLEEN REV TRUST
5200 COUNTY ROAD 34
PLATTEVILLE, CO 806519613
R8886300
120714000086
BRUXVOORT ROBYN G
Ooplt
ca+e es
R8886300
120714000086
BRUXVOORT TODD L
4908 COUNTY ROAD 34
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
10/21/2016
2:20:06 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.
Date
Property Owners Within 500 ft of Parcel # 120714000087
3
Account
Parcel
Owner
Mailing Address
PLATTEVILLE, CO 806519611
R8886400
oopli
120714000087
MYERS CHARLES E III
,
cC3'+t.
R8886400
120714000087
MYERS PENNY J
4998 COUNTY ROAD 34
PLATTEVILLE, CO 806519611
R0914401
120714000089
BUCHHOLZ BELLE R
PO BOX 594
MEAD, CO 805420594
STtEa STraUtTURES
ERICAINg
1-800-833-9997
9518 East i-25 Frontage Road. Longmont, CO 80504
Corporate Office Po Box 895 Post Falls, Idaho 83877
Serving Colorado Wyoming, Idaho, Washington, Montana & Oregon
Phone 1 (303) 880-3950 Fax 1 (888) 666-9992
October 7th, 2016
RE: Charles Myers
Penny Lane Pet Cremation
4998 W-CR 34
Platteville, CO 80651
To whom it may concern;
Chuck (Charles) is in the process of building a new 40'x72'x16' storage building
with an attached open 12'x40'x11' lean-to. The placement of the building is in question
because of a 30' right of way that is filed with the county.
This right of way does not go anywhere, as the right of way ends at the southern
point of Chuck's property. We are requesting a right of way vacation because of the
reason listed above. The 30' is a valuable amount of property that Chuck would like to
utilize if he is able.
We have gotten written approval from all utility companies for this property
acknowledging that each of their rights to access the easement attached to the right of
way will be honored if the need arises.
Chuck understands that even if the right of way is vacated, there is still a 15'
easement for the utility companies and/or property owners to the south of his property
to utilize.
If you may have any questions or concerns please feel free to contact me at any
time. Thank you for your time and consideration.
Sincerely,
Jessica Persick
Steel Structures America
303.880.3950
jessica@indssa.net
S 11M EL STRUCTURES
AMFTZICNg
1-800-833-9997
9518 East i-25 Frontage Road. Longmont, CO 80504
Corporate Office Po Box 895 Post Falls, Idaho 83877
Serving Colorado Wyoming, Idaho, Washington, Montana do Oregon
Phone 1 (303) 880-3950 Fax 1 (888) 666-9992
October 7th, 2016
RE: Charles Myers
Penny Lane Pet Cremation
4998 W-CR 34
Platteville, CO 80651
To whom it may concern;
Chuck (Charles) is in the process of building a new 40'x72'x16' storage building
with an attached open 12'x40'x11' lean-to. The placement of the building is in question
by the county because of an easement on the east end of his property line.
The County is requesting signatures from the departments/neighbors that may be
affected by the proposed building location. It is 23' +/- from the easement, allowing
ample room on the easement for vehicles to pass at a safe distance.
By signing below you agreeing that the building poises no difficulty for you and are ok
with its location.
•
r
i;45 0 Aire/CS,,c 97 G✓(cLc, Cd ao.2S1
S'T'EEL" StRUCTTJRES
AMFtRICA±N2
1-800-833-9997
9518 East 1-25 Frontage Road. Longmont, CO 80504
Corporate Office Po Box 895 Post Falls, Idaho 83877
Serving Colorado Wyoming, Idaho, Washington, Montana & Oregon
Phone 1 (303) 880-3950 Fax 1 (888) 666-9992
October 7th, 2016
RE: Charles Myers
Penny Lane Pet Cremation
4998 W-CR 34
Platteville, CO 80651
To whom it may concern;
Chuck (Charles) is in the process of building a new 40'x72'x16' storage building
with an attached open 12'x40'x11' lean-to. The placement of the building is in question
by the county because of an easement on the east end of his property line.
The County is requesting signatures from all utility companies that provide
service on this property and in this area. It is 23' +1- from the easement, allowing ample
room on the easement for vehicles to pass at a safe distance. Chuck understands that if
the county vacates the right of way at the same location as the easement, he is still
required to allow any access that utility companies may need.
By signing below you agreeing that the building poises no difficulty for your company
and are ok with this agreement.
Sign:
diitui;c1P. Aft
Title: ROW Agent
Utility Company: United Power, Inc.
STEEL STRUCTURE
M RICAINc.
1-800-833-9997
9518 East i-25 Frontage Road. Longmont, CO 80504
Corporate Office Po Box 895 Post Falls, Idaho 83877
Serving Colorado Wyoming, Idaho, Washington, Montana & Oregon
Phone 1 (303) 880-3950 Fax 1 (888) 666-9992
October 7th, 2016
RE: Charles Myers
Penny Lane Pet Cremation
4998 W-CR 34
Platteville, CO 80651
To whom it may concern;
Chuck (Charles) is in the process of building a new 40'x72'x16' storage building
with an attached open 12'x40'x11' lean-to. The placement of the building is in question
by the county because of an easement on the east end of his property line.
The County is requesting signatures from all utility companies that provide
service on this property and in this area. It is 23' +/- from the easement, allowing ample
room on the easement for vehicles to pass at a safe distance. Chuck understands that if
the county vacates the right of way at the same location as the easement, he is still
required to allow any access that utility companies may need.
By signing below you agreeing that the building poises no difficulty for your company
and are ok with this agreement. L,H/-hC , p yyip .rte)7 44. sitad di //eh LA- 41,0 9( eathrtet �--
r
t& rbn1 i1rr Mrs pve
/%
Utility Company L( 7?Z- i -770,3 ,,, p,s/m/
10/25/2016 Steel Structures America Mail - Fwd: Public Service Easement Issue wl 4998 Co Rd 34, Platteville, CO 80651
•
Jessica Persick <jessica@findssa.net>
by(;<x)3le
Fwd: Public Service Easement Issue wl 4998 Co Rd 34, Platteville, CO 80651
1 message
Billy Persick <billypersickssa@gmail.com> Tue, Oct 25, 2016 at 11:44 AM
To: Jessica Persick <jessica@findssa.net>
Excel
Sent from my iPhone
Begin forwarded message:
ErLex q
From: "Nance, Lauren C" <Lauren.Nance@xcelenergy.com>
Date: September 30, 2016 at 4:20:53 PM MDT
To: "bmoore@weldgov.com" <bmoore@weldgov.com>
Cc: Billy Persick <billypersickssa@gmail.com>, "pennylanepet@aol.com" <pennylanepet@aol.com>
Subject: Public Service Easement Issue wl 4998 Co Rd 34, Platteville, CO 80651
We spoke on the phone regarding the property located at 4998 Co Rd 34, Platteville, CO 80651, also
known as the Pennylane Pet Cremation Services. Chuck Myers, the current property owner, is putting in a
new pole barn on the south end of his property. He has obtained a permit through Weld County, but when
the Weld County inspector came by they found that the actual location of the barn did not match the site
plan submitted to the county. The actual location is around 21ft from the property line, which encroaches
on the easement with Public Service of Colorado. I found the easement (doc#1796720) but it says the
easement is actually 15ft in width.
Regardless of what the easement width actually is... Public Service of Colorado accepts the location of
the new barn. The barn location does not encroach into the dirt road that we use, and we can still access
Lake Thomas through the Myer's property. I would like to figure out how to allow Mr. Myers to build his
barn, by either correcting the easement width to be consistent in all the recorded documents, or by
recording an allowance for this encroachment. Let me know what you would suggest to resolve this issue.
I've cc'd Billy with the steel company building the barn, and Chuck Myers, the property owner.
Thanks,
Lauren Nance
• Document 1796720
o This is the access easement in question that affects the proposed barn on the property.
The easement language specifies that the easement is 15ft. Several documents including
the four listed below, all reference this easement and show it as 30ft in width.
Document 2706690
o This is a 1999 recorded exemption for property owners "Sill." This shows a 30ft access
easement, but does not reference the correct easement document reference numbers
including the RE#, the REF#, and book#. I think the easement shown was recorded
erroneously.
https://m ai I .googl e.com/m ai I/u/0/?ui =2&i k=eda9d599f3&view= pt&search= i nbox&th=157fcf2254efa5df&si m l=157fcf2254efa5df 1/2
10/25/2016 Steel Structures America Mail - Fwd: Public Service Easement Issue wl 4998 Co Rd 34, Platteville, CO 80651
Document 173723G
o This is an easement from 2006 between Myers and PSCo that documents a 30ft
easement along the property line that goes south 285ft from the CR34. This easement is
too far north to affect the new barn.
Document 34131841
o This is a 2006 site plan for Myer's property. This shows the easement in question as a
30ft access easement along the east property line, and references the correct document
number. However, it shows that the easement is 30ft wide, when the actual easement if
for 15ft in width.
Lauren Nance, P.E.
Xcel Energy I Responsible By Nature
Water Resources Analyst
1800 Larimer St., Suite 1300, Denver, CO 80202
P: 303.294.2032 F: 303.294.2328
E: lauren.nance@xcelenergy.com
XCELENERGY.COM
Please consider the environment before printing this email.
This e-mail, and any attachments, may contain confidential or private material for the sole use of the
intended recipient(s). If you are not the intended recipient, please contact the sender by reply mail and
delete all copies of this message and any attachments.
5 attachments
The last IS feet of the rio=t]. 1t?6b feet, ire ci leso,
of thi Stk c! Section ;t, Tetn+ehlp 3 Exth, Romeo 68 Lest
et ch. 6th rat., We14 Co:•t:;, Colored*.
image003.png
17K
173723G_2006_Myers_30ft easement.pdf
78K
1796720.001_1979_Sekich_30ft Easement_copy.pdf
87K
34131841_2006_Myers_SitePlan_proposed barn footprint2_9.30.2016.pdf
93K
2706690_1999_Sill_Recorded exemption.pdf
2111K
https://m ai I .google.com/mai l/u/0/?ui=2&i k=eda9d599f3&view=pt&search=i nbox&th=157fcf2254efa5ctf&si m l= 157fcf2254efa5df 2/2
From: Nance, Lauren C
Sent: Friday, September 30, 2016 3:20 PM
To: bmoore@weldgov.com
Cc: Billy Persick; pennylanepet@aol.com
Subject: Public Service Easement Issue w/ 4998 Co Rd 34, Platteville, CO 80651
We spoke on the phone regarding the property located at 4998 Co Rd 34, Platteville, CO 80651, also
known as the Pennylane Pet Cremation Services. Chuck Myers, the current property owner, is putting in
a new pole barn on the south end of his property. He has obtained a permit through Weld County, but
when the Weld County inspector came by they found that the actual location of the barn did not match
the site plan submitted to the county. The actual location is around 21ft from the property line, which
encroaches on the easement with Public Service of Colorado. I found the easement (doc#1796720) but
it says the easement is actually 15ft in width.
Regardless of what the easement width actually is... Public Service of Colorado accepts the location of
the new barn. The barn location does not encroach into the dirt road that we use, and we can still access
Lake Thomas through the Myer's property. I would like to figure out how to allow Mr. Myers to build his
barn, by either correcting the easement width to be consistent in all the recorded documents, or by
recording an allowance for this encroachment. Let me know what you would suggest to resolve this
issue.
I've cc'd Billy with the steel company building the barn, and Chuck Myers, the property owner.
Thanks,
Lauren Nance
• Document 1796720
o This is the access easement in question that affects the proposed barn on the property.
The easement language specifies that the easement is 15ft. Several documents including
the four listed below, all reference this easement and show it as 30ft in width.
The East 15 feet of the North 1,750 feet, more or less,
of the NEL of Section 14, Township 3 North, Range 66 West
of the 6th P.M., Weld County, Colorado.
• Document 2706690
o This is a 1999 recorded exemption for property owners "Sill." This shows a 30ft access
easement, but does not reference the correct easement document reference numbers
including the RE#, the REF#, and book#. I think the easement shown was recorded
erroneously.
• Document 173723G
o This is an easement from 2006 between Myers and PSCo that documents a 30ft easement
along the property line that goes south 285ft from the CR34. This easement is too far
north to affect the new barn.
• Document 34131841
o This is a 2OO6 site plan for Myer's property. This shows the easement in question as a 30ft
access easement along the east property line, and references the correct document
number. However, it shows that the easement is 30ft wide, when the actual easement if
for 15ft in width.
Lauren Nance, P.E.
Xcel Energy I Responsible By Nature
Water Resources Analyst
1800 Larimer St., Suite 1300, Denver, CO 80202
P: 303.294.2032 F: 303.294.2328
E: lauren.nance@xcelenergy.com
XCELENERGY.COM
Please consider the environment before printing this email.
This e-mail, and any attachments, may contain confidential or private material for the sole use of the
intended recipient(s). If you are not the intended recipient, please contact the sender by reply mail and
delete all copies of this message and any attachments.
I Ifs rem i rr 11im li i in Irani m rem mini
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N 1/4 COR SEC 14
FND. #6 REBAR & 2 I/2"
ALUM. CAP IN MONUMENT
BOX. PER RECORD TIES
LS 11682. 1994
RECORDED EXEMPTION NO. 127-14-I-RE245O
Part of the Northeast Quarter of Section 14, Township 3 North, Range 68 West
of the 6th Principal Meridian, Weld County, Colorado
LEGAL DESCRIPTION:
WELD COUNTY ROAD NO. 34
BASIS OF REARI G'S N 89°49'59"E
N 89°49'59"E 466.27'
2604.30'
V 89°49'59"E 250.73'
— ACCESS POINT
30' ROAD RIGHT OF WAY
RECORDED
PARCEL �Q1 8 O 1207 _ 14 -RE-233
EhPIprioN
6 0 60 120
.f�. IM+PC3t.A�ii
NOTES
o.
ACCESS POINT
35' PUBLIC SERVICE EASEMENT
BOOR 1422 PAGE We
4.
93
LEGEND
Lot A
2.50 acres
4908 WCR 34
J DENOTES FOUND OR SET SECTION MONUMENT AS DESCRIBED
• DENOTES SET NO. 4 REBAR AND PLASTIC CAP L.S. 25619
'D DENOTES FOUND PROPERTY CORNER AS DESCRIBED
• • - DENOTES FENCE LINE
1) All proposed or existing structures will or do meet the minimum setbock and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of SETBACK In the Weld County Zoning Ordinance (Ordinance 89, as amended).
the required setback is measured from the future right-of-way lire.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Prior to the release of building permits on Lots A or B. the applicant will be required to
submit a recorded deed describing the lot upon which the building permit is requested with
the building permit application. The legal description on such deed shall include the lot and
recorded exemption number.
4) If noxious weeds exist or become established on the property as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant Ordinance 169A.
5) Prior to the release of building permits the applicant shall submit evidence to the
Deptartmenl of Planning Services that the lot has an adequate water supply of sufficient
quality, quantity, and dependability.
6) Staff supports this application for Recorded Exemption however subsequent Recorded
Exemptions on adjacent properties will raise the issue of compliance with the intent of the
Recorded Exemption process. Approval of this Recorded Exemption does not guarantee
approval of future applications on adjacent properties.
N 00°11'48"W 374.1
RIGHT TO FARM COVENANT
35' PUBLIC SERVICE EASEME
WOK 1422 PAGE 108
Lot 8
2.50 acres
4998 WCR 34
IRE -234
Weld County I. on• of the most productive ogricutturol counties In the United Stoles.
The rural areas of Weld County may be open and spouous. but they on Intensively
used for agriculture. Persons moving Into a rural area must recognize IN.. ore
drawbacks. Inchding conflicts with longstanding agricultural practices and lower level
of services +han In town.
Agriculture usen of the land should not be expected to change their long-establish.d
agricultural practice. to Occommodat. the Infusions of urban use. Into rural area.
Well run agricultural octivltles will generale off -alt. Impacts. Including noise from
tractors and equipment; dust from animal pens. field work, hornet, and grovel roods;
odor Iron, anianll confinement, silage, and manure: smoke from ditch burning: flies
and mosquitoes; the use of pn4ciCes and frtilkrs In the fields, including the use 01
areal spraying. Ditches and reservion cannot simply be moved out of the way of
residen+on drretopmeal wlthouf tt.r.ating the .tf%ci n1 delivery of Irrigation la fieidy
which is essential to loan production.
Weld County covers a land area of over 4.000 square muss in 112$ (twke th. State DI
Decrwrs) with mars than 3,100 milts of .fete and county rood• outside of
municipalities. The Meer magnitude of the area to be served atralches available
resources. Low enfarc.m.nl Is based on resources Io complaints more than on
Patrols, of the caswsty end the distances which must be traveled may celoy ail
emergency response, including law anforeem.nt, onnbutanc.. and fire. Flre protection
le usually prodded by volunteers who must icon their jobs and families to respond to
sr argancise County growl roods, no lair hew often they ore bladed. will not
provide the some kind of surface expected train a paved rood. Snow removal
piton i*, mean that roods from subdiisions lo arterials may not be cleared for
sev.rd day. offer o motor snowstorm. Snow removal for roode within subdivisions ore
of the lowest priority for public works or may be In prtvate responafbilty of the
hom.owners.' Services in ryraf onto,. In many cases, elm nal be pulvalent to
municipal services.
Children are •.posed to different hazards In the county tnon in an urban or suburban
setting. Farm squiprnont and oil lied equipment. ponds and Irrigation ditches,
electrical power for pumps and canter pivot operations, high speed traffic, sand burs,
puncture rinse, territorial form dogs, and livestock present real threats to children.
Controlling children activities is Important, not only for their satiny. bi4 also for Ihe
protection of the farmers livelihood.
ti
l}�
r'00.
NE COR SEC 14
FND 4 REBAR
& CAP PER TIES
RESPLACEO WITH
#6 REBAR & 2 1/2"
CAP, PLS 25619
E 1/4 COR. SEC. 144
FND. #6 REBAR & 2 1/2"
ALUM. CAP PER RECORD TIES
LS 24657, 1993
LOll A
A parcel of land situate in the Northeast One Ouorter of Section 14. Township 3 North, Range 68 West of the 6th
follows
Corsidering the northerly line of the Northeast Quarter of Section 14 as bearing N 89°49'59" E, and with all bearings contained herein relative thereto.
P.M., weld County, Colorado being more particularly described as
From the Northeast Corner of Section 14, S 89°4959W 250.73 feet along the North line of said Northeast Quarter to the POINT OF BEGINNING: THENCE S 00°11'48"E, 374.11 feet,
tHiNCE N 51'2611W. 597.95 feet to a point on the North line of said Northeast Quarter, THENCE N 89°4959E. 466.27 feet along the North line of said Northeast Quarter to the POINT
OF BEGINNING: Said tract containing 2.50 acres, more or less.
LO'% B
A parcel of land situate in the Northeast One Quarter of Section 14, Township 3 North, Range 68 West of the 6th P.M. Weld County. Colorado being more particularly described as
follows:
Considering the northerly line of the Northeast One Quarter of Section 14 as bearing N 89°49"59" E. and with all bearings contained herein relative thereto.
Frrm the Northeast Corner of Section 14, the POINT OF BEGINNING, THENCE S 00°11'48"E, 616.20 feet, along the East line of the Northeast Quarter, THENCE N 58°25'48"W, 173.89
feet, THENCE N 34°3134W. 182.45 feet. THENCE N 00°1148W, 374.11 feet to a point on the North line of said Northeast Quarter. THENCE N 89°4959E, 250.73 feet along the North line
of said Northeast Quarter to the POINT OF BEGINNING. Said tract containing 2.50 acres, more or less.
If)
t}'
CO
S 00°11152"E
CWNER'S CERTIFICATE
We, Jeff Sill and Janet Sill, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. We understand this property is
located in the "A" Agricultural Zone District and is also intended lo provide areas for the conduct of other uses by right, accessory uses. and uses by special review.
Jw41P
State of Colorado)
)SS
County of Weld)
The foregoing certification was acknowledged before me this 3v_ day of wa
�V , A.D., 1999, by Jeff Sill and Janet Sill.
c Q
Janet Sill
My Commission Expires: Clia -Oa aaooy
Notary Public
_ &amt It 'n attIr -a
Witness my hand and seal
SHARON K. MARQUEZ
NOTARY PUBLIC
STATE OF COLORADO
DEPARTMENT OF PLANNING SERVICES ADMINISTRATIVE REVIEW CERTIFICATE
This plat is accepted and approved for filing.
Department of Planning Services Director
The foregoing certification was acknowledged before me this
My commission expires: Jo/7 e/ ?csn"L
Notary Public
r
Witness my hand and seal
EASEMENT CERTIFICATE
A.D., 1999.
I do hereby dedicate, for the benefit of the properties shown or described hereon, easements for the purposes shown or described hereon,
S gnoture
SURVEYOR'S STATEMENT
I, Mark F. Corbridge, a Registered Professional Land Surveyor in the State of Colorado. do hereby state that this Recorded Exemption plot was prepared under my personal supervision.
and that this plat is an accurate representation thereof. I further state that the survey and this plot complies with oil applicable rules. regulations. and lows of the State of Colorado.
Slate Board of Registration for Professional Engineers and Land Surveyors, and Weld County.
Mark F. Corbridge •„.:`qrf>" rpc .�
2`.. a
11
i^try
°ern IAhOT'
Colorado P1.5 25619
BASIS OF BEARINGS STATEMENT
BEARINGS ARE BASED ON THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SECTION 14 AS
BEARING N 89°49'59"E, SAID LINE BEING MONUMENTED AS SHOWN HEREON.
ABSOLUTE SURVEYING, INCORPORATED
Professional Land Surveyors Phone (970) 203-1552
2881 North Monroe Avenue, Loveland, Colorado 80538
NOT%CC. •.cording to Coiorado law you mud corrmencs any legal
ec+ion Sand •.con env defect in errn Surer _ thin m,« rears
Project:
RECORDED EXEMPTION NO
Client- JP?? AND JANET .S77!
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This map Is for informational purposes only and has not been
prepared for legal, engineering, or surveying purposes. United Power
assumes no liability for any errors, omissions, or inaccurades In the
information provided regardless of the cause of such,
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Petition to open roads beginning
on North line of Sec 16, T3, R67
running west to County line
Viewers appointed
Report received
Petition to open road in Sec 14
T3, R67: running 21- miles South
Viewers appointed
Correction in description
Viewers report received
Damages allowed
QC Deed: R/W in SW1 of Sec 9,
T3, R67
QC Deed: R/W in SW4 of Sec 9,
T3, R67
R/W Deed from State Board of Land
Commissioners: portion of road in
NE4NW4: NW4NE*: Sec 16, T3, R67
Survey map of two tracts on East line
Sec 22, T3, R67
Wty Deed for two tracts on East line
of Sec 22, T3, R6l
Convey 2 tracts of land as described
in deed recorded in Book 1106, page 264
to Paul R & Martha M Walker
Dedication of ROW approved
Ez S12-T3N-R68W
jMEAD
POP. 192
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V
To.
30
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rhos
Co Rd #34 V
& #21
see Book 2, page 209
Granted
see Book 2, page 225
see Book 2, page 316
Granted
see Book 2, page 346
see Book 6, page 309
Recorded in Book 163
page 310
Recorded in Book 373
page 522
Accepted
see Book 17, page 536
Recorded in Book 1106
page 264
see Book 27, page 123
B ccs4
Rec/ 873-, #1555922
Book 36, Page 613
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29
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 28, 2016
TIME: 9:00 a.m.
APPLICANT:
CHARLES MYERS
4998 COUNTY ROAD 34
PLATTEVILLE, CO 80651
REQUEST: Petition to Vacate a portion of County Road 11, from the intersection of County Road
34 to the end of parcel number 120714000087, subject to dedicated and recorded easements
and rights -of -way.
LEGAL DESCRIPTION: The portion of the public road right-of-way parallel to parcel number
120714000087, lying 30 feet on either side of the East 30 feet of Section 14, Township 3 North,
Range 68 West of the 6th P.M. in Weld County, Colorado.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: NOVEMBER 17, 2016
PETITION TO VACATE ROAD, STREET, OR ALLEY RIGHT OF WAY
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4845 COUNTY ROAD 34
NORTHGLENN
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ENGLEWOOD
3615 S HURON STREET, SUITE 200
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F -Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
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.
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or on the front if space permits.
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PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
Chloe Rempel
From:
Sent:
To:
Subject:
Attachments:
HI,
Jessica Persick <jessica@findssa.net>
Friday, November 04, 2016 12:30 PM
Chloe Rempel
Charles Myers signed Authorization form
Charles Myers Admin Auth form.pdf
I have the form that you requested the home owner to sign for the petition for right of way vacation application
attached below. If there is anything else I can do, please let me know.
Thank you,
Jessica Persick
303.880.3950
1
Chloe Rempel
From:
Sent:
To:
Subject:
Jessica Persick <jessica@findssa.net>
Monday, November 07, 2016 3:14 PM
Chloe Rempel
Re: Charles Myers signed Authorization form
HI Chloe,
Yes, both myself and the Office Manager for Steel Structures America will be attending.
Thank you,
Jessica Persick
303.880.3950
On Mon, Nov 7, 2016 at 2:48 PM, Chloe Rempel <crempel@co.weld.co.us> wrote:
Jessica,
Are you available to attend the board meeting at 9:00 AM on Monday, November 28, 2016 for
the Weld County Commissioner review of this application?
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: Jessica Persick [mailto:jessica@findssa.net]
Sent: Friday, November 04, 2016 12:30 PM
To: Chloe Rempel <crempel@co.weld.co.us>
Subject: Charles Myers signed Authorization form
HI,
I have the form that you requested the home owner to sign for the petition for right of way
vacation application attached below. If there is anything else I can do, please let me know.
Thank you,
Jessica Persick
303.880.3950
2
sr _
' a
Chloe Rempel
From:
Sent:
To:
Subject:
Hi Everyone,
Michelle Martin
Wednesday, November 09, 2016 9:51 AM
Chloe Rempel; Janet Lundquist; Evan Pinkham; Frank Haug
RE: PETITION TO VACATE ROW - Charles Myers C/O Jessica Persick
The site has an existing USR on the property USR-1547 for an animal/pet crematory. The Recorded Exemption plat also
notes a 30' access easement per reception #1703700 the plat also states a 35' public service easement per book 1622
page 108. These easements are also reflected on the USR map.
I talked to the building department and they had the following comments;
"Steel Structures built the garage without calling in for a setback inspection prior to pouring concrete. It was noted on
the issuing document that there was a 50' ROW on the East side. There plot plan should have been revised prior to
issuing the permit."
Billie Moore
Building Tech
Let me know if you have any questions.
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.
From: Chloe Rempel
Sent: Monday, November 07, 2016 3:01 PM
To: Michelle Martin <mmartin@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Evan Pinkham
1
<epinkham@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>
Subject: PETITION TO VACATE ROW - Charles Myers C/O Jessica Persick
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.
Charles Myers
4998 CR 34
Platteville, CO 80651
C/O Jessica Persick
Steel Structures America, Inc
9518 E. 1-25 Frontage Road
Longmont, CO 80504
PLEASE RESPOND NO LATER THAN: November 22, 2016
Sincere regards,
Chloe A. Rempel
Deputy Clerk to the Board
Weld County
1150 0 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:
Subject:
Attachments:
Hello,
Chloe Rempel
Tuesday, November 15, 2016 1:11 PM
'Iblackston@townofinead.org'
Petition to Vacate Right -of -Way - Charles Myers - 4998 CR 34 in Platteville, CO 80651
Mead Referral Maps.pdf
The Weld County Clerk to the Board's Office received a Petition to Vacate Right -of -Way from Charles Myers. The right-
of-way lies along the section line on County Road 11, next to parcel #120714000087 (Please see the attached maps).
Because the right-of-way is so near to Mead's jurisdiction, 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
28, 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:
Chloe,
Evan Pinkham
Wednesday, November 16, 2016 3:40 PM
Chloe Rempel
Michelle Martin; Janet Lundquist; Frank Haug
RE: PETITION TO VACATE ROW - Charles Myers C/O Jessica Persick
Public Works is recommending denial of request to vacate right of way for Charles Myers. Although the right of way is
not currently maintained by Weld County, we would like to reserve the option to utilize this right of way in the future.
We are also concerned with the proximity of this proposed vacation to the Town of Mead. The Town of Mead may have
future plans that include the use of this right of way. There have also been plans for a possible realignment of county
road 11 in the future that could potentially require the use of this right of way.
Thank you,
Evan
Evan Pinkham
Development Review
Weld County Public Works
1111 H Street, P. O. Box 758
Greeley, CO 80632
(970)400-3727
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: Monday, November 07, 2016 3:01 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 TO VACATE ROW - Charles Myers C/O Jessica Persick
Hello,
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4998 CR 34
Platteville, CO 80651
C/O Jessica Persick
Steel Structures America, Inc
9518 E. 1-25 Frontage Road
Longmont, CO 80504
PLEASE RESPOND NO LATER THAN: November 22, 2016
Sincere regards,
Chloe A. Rempel
Deputy Clerk to the Board
1150 O Street
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Chloe Rempel
From:
Sent:
To:
Cc:
Subject:
Helen Migchelbrink <HMigchelbrink@townofmead.org>
Tuesday, November 22, 2016 1:50 PM
Chloe Rempel
Mike Segrest; kclifford@jvajva.com; Chris Larmon; 'Gary West'
RE: Petition to Vacate Right -of -Way - Charles Myers - 4998 CR 34 in Platteville, CO
80651
Chloe,
The Town of Mead has reviewed the vacation petition and has no comment at this time.
Sincerely,
Helen Migchelbrink, P.E.
Town Engineer
From: Chloe Rempel [mailto:crempel@co.weld.co.us]
Sent: Friday, November 18, 2016 2:24 PM
To: Helen Migchelbrink <HMigchelbrink@townofinead.org>
Cc: Mike Segrest <MSegrest@townofinead.org>; kclifford@jvajva.com; Chris Larmon
<CLarmon@townofinead.org>; 'Gary West' <Gary@samsonlongmontlaw.com>
Subject: RE: Petition to Vacate Right -of -Way - Charles Myers - 4998 CR 34 in Platteville, CO 80651
Helen,
Please let me know if this pdf is in a viewable format.
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: Helen Migchelbrink[mailto:HMigchelbrink(townofinead.org]
Sent: Friday, November 18, 2016 1:56 PM
To: Chloe Rempel <crempelgco.weld.co.us>
Cc: Mike Segrest <MSegrest@townofread.org>; kclifford(u jvajva.com; Chris Larmon
<CLarrnon@townoi:mead.org>; 'Gary West' <Gary @samsonlongmontlaw.com>
Subject: RE: Petition to Vacate Right -of -Way - Charles Myers - 4998 CR 34 in Platteville, CO 80651
Chloe,
The attachment you sent with this email is unopenable. Please send another map.
Thank you,
Helen Migchelbrink, P.E.
2
Town Engineer
From: "Chloe Rempel" <crempelikco.weld.co.us>
To: "Linda Blackston" <LBlackston(u townof riead.org>
Subject: Petition to Vacate Right -of -Way - Charles Myers - 4998 CR 34 in Platteville, CO
80651
Hello,
The Weld County Clerk to the Board's Office received a Petition to Vacate Right -of -Way from
Charles Myers. The right-of-way lies along the section line on County Road 11, next to parcel
#120714000087 (Please see the attached maps). Because the right-of-way is so near to Mead's
jurisdiction, 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 28, 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
x
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.
4
MEMORANDUM
TO: Board of County Commissioners
DATE: November 23, 2016
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Right of Way Vacation Request
The applicant is requesting to vacate road right of way along the east 30' of Section 14, Township 3 North, Range 68 West of
the 6th P.M. adjacent to their property. This is along the alignment of what would be CR 11. Between County Road 32 south of
the property and County Road 34 north of the property (nearest county maintained roadways) County Road 11 does not exist.
General Information
The property is legally described as Lot B of Recorded Exemption 2450 being part of the NE1/4 of Section 14, Township 3
North, Range 68 West of the 6th P.M., Weld County Colorado. The property is bound on the north by County Road 34, to the
west by Lot A of RE -2450, to the east by a large acreage parcel and to the south by Lot B of RE -2727. Lake Thomas is located
approximately 1,750 south of the applicants property. The applicant's driveway appears to be located within the east 30' of
Section 14.
Lot B of RE -2450 was created through the Recorded Exemption process and no reference to the section line right of way for
CR11 is made on the plat. Lot B also has a USR-1547 approved for a pet/animal crematory and there is no reference to the
exiting right of way for CR lion the plat. It appears the existing structures shown on the USR plat may be not meet setback
requirements from the existing right of way however, this has not been verified.
The property directly to the south, Lot B of RE -2727, is also a Recorded Exemption plat and there is no reference to the section
line right of way shown. Lot B takes access off of County Road 34 approximately 700' west of CR 11. Lot B of RE -2727
appears to have structures that may be encroaching into the setbacks and right of way as well. There is a 15' Access Easement
for the benefit of Public Service to access Lake Thomas to the south located in the east 15' of Section 14. There is a 30'
easement shown on RE -234 also located in the east 30' of Section 14. There is a 30' easement for Public Service in the east 30'
of the southerly 285 feet of the northerly 350 of Lot B RE -2450.
Existing County Road Right of Way
Based on the information found we have determined the following
• 30' of right of way exists for CR 11 along the east line of Section 14 based on a patent date of 1892
• There is no ROW in Section 13 because that property was owned by the railroad.
• There is no ROW in the SE '/4 of Section 14 because the patents were prior to the Resolution.
• The total area of the existing ROW adjacent to the property is approximately 18,390 square ft. (0.42 ac)
• The Public Works CIP 5 Year Plan does not identify any improvements to County Road 11.
• Between County Road 32 to the south and County Road 34 north, the only right of way that exists is the east 30' of the
Northeast Quarter of Section 14 (Lot B of RE -2450 and Lot B of RE -2727).
• No parcel is left without access.
Recommendation
Public Works does not typically support requests for right of way vacations to ensure flexibility for future development and for
the ability to provide adequate and safe traveling for the public; however, Public Works would have to acquire right-of-way to
construct a new road regardless of this request. In addition, given the existing design constraints created by Lake Thomas to the
south, lack of existing right of way for CR 11, as well as existing easements and structures in or near the section line, Public
Works recommends approving the vacation of right of way. Further, Public Works recommends the vacation should include all
the existing right of way located in the east 30' of the Northeast Quarter of Section 14, which is the reaming right of way
located south of the petitioners property.
C:\Users\crempel\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PIOEICGB\Meyer Vacation CR 11 ER Comments.doc
MEMORANDUM
TO: Board of County Commissioners
DATE: November 23, 2016
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Right of Way Vacation Request
requesting to vacate road right of way along the east 30' of Section 14, Township 3 North, Range 68 West of
The applicant is q g g
6th n to theirproperty. This is along the alignment of what would be CR 11. Between County Road 32 south of
the 6 P.M. adjacent
County Road 34 north of the property (nearest county maintained roadways) County Road 11 does not exist.
the property and C ty p p
General Information
The property is legally described as Lot B of Recorded Exemption 2450 being part of the NE1/4 /4 of Section 14, Township 3
West of the 6th' P.M. Weld County Colorado. The property is bound on the north by County Road 34, to the
North, Range 68 .
0 to the east by a large acreage parcel and to the south by Lot B of RE -2727. Lake Thomas is located
west by Lot A of RE 245 g g
approximately 1,750 south of the applicants property. The applicant's driveway appears to be located within the east 30' of
pp
Section 14.
Lot B of RE -2450 was cre
ated through the Recorded Exemption process and no reference to the section line right of way for
CR 11 is made on the plat. Lot B also has a USR-1547 approved for a pet/animal crematory and there is no reference to the
forCR 11 on theplat. It appears the existing structures shown on the USR plat may be not meet setback
exiting right of way pp
requirements from the existing right of way however, this has not been verified.
The property directly thetosouth, Lot B of RE -2727, is also a Recorded Exemption plat and there is no reference to the section
line right of way shown. Lot B takes access off of County Road 34 approximately 700' west of CR 11. Lot B of RE -2727
appears to have
structures that may be encroaching into the setbacks and right of way as well. There is a 15' Access Easement
for the benefit of Public Service to access Lake Thomas to the south located in the east 15' of Section 14. There is a 30'
easement shown on RE -234 also located in the east 30' of Section 14. There is a 30' easement for Public Service in the east 30'
of the southerly 285 feet of the northerly 350 of Lot B RE -2450.
Existing County Road Right of Way
Based on the information found we have determined the following
• 30' of wa right of exists for CR 11 along the east line of Section 14 based on a patent date of 1892
g Y
• There is no ROW in Section 13 because that property was owned by the railroad.
• There is no ROW in the SE '/4 of Section 14 because the patents were prior to the Resolution.
• The total area of the existing ROW adjacent to the property is approximately 18,390 square ft. (0.42 ac)
• The Public Works CIP 5 Year Plan does not identify any improvements to County Road 11.
• Between County Road 32 to the south and County Road 34 north, the only right of way that exists is the east 30' of the
Northeast Quarter of Section 14 (Lot B of RE -2450 and Lot B of RE -2727).
• No parcel is left without access.
Recommendation
Public Works does not typically support requests right for of way vacations to ensure flexibility for future development and for
' 'adequate and safe traveling for the public; however, Public Works would have to acquire right-of-way to
the ability to provide
construct a new road regardless of this request. In addition, given the existing design constraints created by Lake Thomas to the
south, lack of existing right of way
for CR 11 as well as existing easements and structures in or near the section line, Public
,
vacation of right of way. Further, Public Works recommends the vacation should include all
Works recommends approving the g Y the existing right way reamin right of way
located south of the petitioners property.
CAUsers\cremp el\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PIOEICGB\Meyer Vacation CR 11 ER Comments.doc
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FOR THE VACATION OF tie
D R GHT OF WAYt
RS C/O STEEL STRUCTURES AMERICA, INC.
MOTIVATION OF PETITIO
The site has an existing USR on the property, USR-1547, for an animal/pet crematory. The Recorded
Exemption plat also notes a 30' access easement per reception #1703700. The plat also states a 35'
public service easement per book 1622, page 108. These easements are also reflected on the USR
map.
Because there is a 30' right-of-way on the East side of the parcel, the plot plan should have been
revised prior to issuing a permit.
PETITIONER'S STATEME
A new 40'x72'xl 6' storage building with an attached open I 2'x40'xll' lean-to was built. The placement of
the building is in question because of a 30' right-of-way that is filed with the County. This right-of-way
does not go anywhere, as the right-of-way ends at the Southern point of Chuck's property. This 30' of
right-of-way would be a valuable amount of property to utilize. There is written approval from all utility
companies for this property acknowledging that each of their rights to access the easement attached to
the right-of-way will be honored if the need arises.
SURROUNDING PROPERTY 0
The following surrounding property owner has provided written consent that the current
location of the building and the potential vacation of right-of-way poses no difficulty.
Belle R. Buchholz: 4830 County Road 34, Platteville, CO 80651
UTILITIES
► The following utility companies have provided written consent that the current location of the
building and the potential vacation of right-of-way poses no difficulty.
United Power, Inc.
Little Thompson Water District
Excel Energy
PETITION TO VACATE A PORTION OF CR 11, FROM THE INTERSECTION OF CR 34 TO THE
END OF PARCEL #120714000087.
PETITION TO VACATE A PORTION OF CR 11, FROM THE INTERSECTION OF CR 34 TO
THE END OF PARCEL #120714000087.
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PETITION
FOR
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sr oNE—OuARTER OF SECTION 14
'SCR 32 MAINTADIED CEPS
PETITION FOR VACATION
CR 11.
LOCATION: EAST LINE OF NE ONE -QUARTER OF 1 t-T3N-R 1310V
%I!i] AJNE'D E ` 1111
jo• OF RON 61 PATENT
FOR ONE-HALF MILE ONLY
CC
34 M Piir N
a BY WEt
NO EXISTING ROW ON EAST LINE OF - NO EXiSTING ROW ON
WEST LINE Of SECTION 13
LENGTH OF CFt 11 24 MILES,
MILES A.N N JMAINTAI N BY OTHERS: 113
MILES REMAINING IN COUNTY: 63
MILES MAINTAINED BY COLA! 0
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LOCATION AND DESCRIPT
Physical Address
4998 County Road 34, Platteville, CO 80651
General Legal Description
East 30' of Section 14, Township 3 North, Range 68 West, parallel to parcel 120714000087 of the 6th P.M. in Weld
County, Colorado.
Along the alignment of what would be CR 11. The right of way exists between CR 32 South of the property and
CR 34 North of the property (nearest County maintained roadways).
Legal Description
The property is legally described as Lot B of Recorded Exemption 2450 being part of the NEI/4 of Section 14,
Township 3 North, Range 68 West of the 6'h P.M., Weld County, Colorado. The property is bound on the North by
County Road 34, to the West by Lot A of RE -2450, to the East by a large acreage parcel, and to the South by Lot
B of RE -2727.
Lake Thomas is located approximately 1,750 South of the applicants property.
LOCATION AND DESCRIPT
The applicant's driveway appears to be located within the East 30' of Section 14.
Lot B of RE -2450 was created through the Recorded Exemption process and no reference to the section
line right-of-way for CR 11 is made on the plat. It appears that the existing structures shown on the USR
plat may not be meeting setback requirements from the existing right-of-way; however, this has not been
verified.
The property directly to the South, Lot B of RE -2727, is also a Recorded Exemption plat and there is no
reference to the section line right-of-way shown. Lot B takes access off of CR 34, approximately 700'
West of CR 11. Lot B of RE -2727 appears to have structures that may be encroaching into the setbacks
and right of way as well.
There is a 15' Access Easement for the benefit of Public Service to access Lake Thomas to the South,
located in the East 15' of Section 14. There is a 30' easement shown on RE -234 also located in the East
30' of Section 14.
There is a 30' easement for Public Service in the East 30' of the Southerly 285 feet of the Northerly 350
feet of Lot B RE -2450.
30' of right-of-way exists for CR 11 along the East line of Section 14, based on a patent date of 1892.
There is no right-of-way in Section 13 because that property was owned by a railroad.
There is no right-of-way in the SEI/4 of Section 14 because the patents were prior to the Resolution.
The total area of the existing right-of-way adjacent to the property is approximately 18,390 sq. ft. or 0.42
acres.
Between CR 32 to the South and CR 34 North, the only right-of-way that exists is the East 30' of the
Northeast Quarter of Section 14 (Lot B of RE -2450 and Lot B of RE -2727).
No parcel is left without access.
LOCAL MUNICIPALITIES
The right-of-way is approximately 2,583 feet away from the Town of Mead's jurisdiction.
Further South, the right-of-way crosses wetlands and marshlands that could potentially make building a
road difficult.
The Planning Department within the Town of Mead has been contacted and currently has no comment.
RESPONSES
Public Works
The Public Works CIP 5 Year Plan does not identify any improvements to CR 11.
Public Works does not typically support requests for right-of-way vacations to ensure flexibility for future
development and for the ability to provide adequate and safe traveling for the public; however, Public Works
would have to acquire right-of-way to construct a new road regardless of this request. In addition, given the
existing design constraints created by Lake Thomas to the South, lack of existing right-of-way for CR 11, as well
existing easements and structures in or near the section line, Public Works recommends approving the vacation
of right-of-way.
Further, Public Works recommends that the vacation should include all of the existing right-of-way located in the
East 30' of the Northeast Quarter of Section 14, which is the reaming right-of-way located South of the petitioner's
property.
► Planning
Is concerned that stipulations of existing Recorded Exemption, Access Easement, and Public Service Easement
were violated when the plot plan was not revised.
RESPONSES
County Attorney
Alternate options have been discussed with the applicant.
If the petition is denied, the applicant will need to move the building out of the right-of-way. The applicant also has the option
to request that the Board of County Commissioners grant him a license to temporarily maintain the structure in it's current
position.
There is an additional structure, owned by a separate land owner further South than the applicant's property, that
is built well within the right-of-way.
The applicant is concerned with the costs of moving his barn if the right-of-way is not vacated. To do so, would
incur a $10,000.00 expense of dirt, concrete, plus labor. Notwithstanding the costs, to move the barn West would
block access and some use of another barn that is already on site.
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