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Home My WebLink About790063 RESOLUTION RE: APPROVAL OF VACATION OF A PORTION OF ELM STREET IN EATON, COLORADO. WHEREAS, the Board of County Commissioners of Weld County, r, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the c I CD affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, .-f Colorado has received a petition concerning the vacation of a por- e' tion of Elm Street in Eaton, Colorado more particularly described as follows : C) Beginning at the Southeast Corner of Block 1, North Side Addition to the Town of Eaton (In- c:. tersection of the North line of Fifth Street and the West line of Elm Street) ; Thence North 00°00' 00" East along the West line of Elm Street, 200. 00 feet to the Northeast Corner of -x Lot 10, Block 1, North Side Addition; Thence North 90°00' 00" East, 57. 90 feet; Thence South 15°56 ' 03" East, 62. 39 feet; Thence South 00°00' 00" West, 140. 00 feet along the East line of Elm Street; Thence South 90°00' 00" West, 75. 00 feet to the Point of Beginning. WHEREAS, the Board of County Commissioners heard the testi- mony presented concerning said vacation and after considering the same, finds that the vacation of a portion of Elm Street in Eaton, Colorado, as more fully set forth above, should be approved. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the vacation of a portion of Elm Street in Eaton, Colorado as hereinabove described be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of July, A.D. , 1979 . BOARD OF COUNTY COMMISSIONERS ATTEST: ELD COUNTY, COLORADO L � Weld ,County Clerk and Recorder �'^,'.�AD'— ` (Aye) and Clerk to the Bpa j Norman Carlson, Chairman BY: L ��/i%ri� �tw(AYe) eputy County C erk Ly Dunbar A ED AS TO FORM: t 1 4J (Aye) C — C. W. Kirby J ounty Attorney �kc.�.ac•c.� t (Aye) Leonard L. Roe BOON. 877 I" 3O AUG 1 1979 Recorded at — o'clock ... __._M.__._�_..._._ (ABSENT) June K. Steinmark 1798581 /y' .u.Q..., atr. w \Z Roc. No. /I State of Colorado, Weld County Clerk & Recorder _... DATE PRESENTED: JULY 25 , 1979 h2' 790063 DINNER AND HELLERICH ATTORNEYS AND COUNSELORS AT LAW MELVIN DINNER 030 O@RSLEY NATIONAL PLAZA THOMAS E.HELLERICH OBEELEY,COLORADO 80091 1903)352-2081 MICHAEL A.LAZAR July 9, 1979 Weld County Planning Commission Centennial Building 915-10th Street Greeley, Colorado 80631 Re: Petition to Vacate part of Elm Street in the Town of Eaton, Weld County, Colorado Melvin L. and Fern K. Orr K. J. and Martha A. Cosson Gentlemen: I represent Mr. and Mrs. K. J. Casson with post office address of P. 0. Box 968, Eaton, Colorado 80615. Mr. Robert C. Burroughs, Attorney at Law, 115 Second Avenue, Ault, Colorado 80610, represents Mr. and Mrs. Melvin L. Orr who reside at 516 Elm Street, Eaton, Colorado 80615. I have heretofore submitted to the Town of Eaton a Petition to Vacate Road on behalf of both Mr. and Mrs. Cosson, as well as Mr. and Mrs. Orr. I am enclosing herewith on behalf of my clients, Mr. and Mrs. Cosson, as well as Mr. Burroughs' clients, Mr. and Mrs. Orr, the following: 1. Copy of the Petition to Vacate Road located within the boundaries of the Town of Eaton, Weld County, Colorado, as more particularly described in the enclosed Petition. 2. Copy of correspondence dated March 14, 1979 from Mr. William L. West, Town Attorney for the Town of Eaton, Colorado. 3. Copy of correspondence dated April 10, 1979 from Mr. William L. West, Town Attorney for the Town of Eaton, Colorado. 4. Copy of Ordinance adopted by the Town of Eaton, Colorado, approving the vacation of that portion of Elm Street lying North of the North line of 5th Street in North Side Addition to the Town of Eaton, Colorado. 5. Copy of the statutory provision, C.R.S. 1973, 43-2-303 (1) (d) which provides that if a roadway is a town boundary it can be vacated only by the joint action of the respective town and the Board of County Commissioners of the applicable county involved. As a result of review and investigation of this matter by the Town of Eaton, it has been determined that a 62.39 foot area of the extension of Elm Street is, in fact, adjacent to a town boundary with the County of Weld, and therefore, the provisions of the Colorado Statute as hereinabove described would become applicable and that the vacation petition must be Weld County Planning Commission July 9, 1979 Page Two approved by both the Town of Eaton, as well as the Board of County Commissioners of Weld County. It is, of course, called to the attention of the Weld County Planning Commission that even though the portion of the road requested to be vacated is not within the county itself, that by virtue of the provision of the Colorado Statute, it is necessary to also obtain the approval of the County as well. As previously indicated, the Town of Eaton has heretofore on April 9, 1979 approved the vacation ordinance and it is now necessary to obtain the County's approval as well in connection therewith. Accordingly, I would appreciate your placing this matter on the agenda of the necessary County bodies required to approve this matter and proceed with the processing of the approval of the vacation of that portion of Elm Street as located within the Town of Eaton, Colorado, as more particularly described in the enclosed Petition. In the event there is any additional information or documentation that you need in connection with these matters, I suggest that you contact me at your convenience and I will gladly attempt to assist you in any way possible. Thanking you in advance for your cooperation in connection with this matter, I remain Ye y- truly you7rs, MELVIN DINNER MD/as enclosures cc: Mr. Robert C. Burroughs Mr. William L. West Mr. and Mrs. K. J. Cosson 1314/5 CS'is 76 4� gIg �y un 1CA�IDrt ,eano tot6?8ZLZ9CS WEST & WINTERS cAtto:neys at Law WILLIAM L. WEST P. 0. BOX 127 JERRY 0. WINTERS UNITED SANK BUILDING 1000 TENTH STREET GREGG A. PARISH GREELEY. COLORADO 80631 PHONE 303 - 352-4805 April 10 , 1979 DINNER AND HELLERICH Attorneys at Law Attn : Melvin Dinner 630 Greeley National Plaza Greeley, Colorado 80631 Dear Mel : The Town of Eaton at its meeting on April 9 , 1979 approved the vacation ordinance , a copy of which is enclosed . I received your letter of April 9 today (April 10 ) . Our early Town maps appear to indicate that the 62 . 39 feet is a Town boundary . If we are mistaken , we will amend the ordinance . Very truly yours , WEST & WINTERS Wm. L . West WLW: esm Enc . cc : Bob Burroughs WEST 8c WINTERS LAttolneys at Law WILLIAM L. WEST P. O. BOX 127 JERRY D. WINTERS UNITED BANK BUILDING 1000 TENTH STREET GREGG A. PARISH GREELEY. COLORADO 60637 PHONE 303 - 362-4005 March 14 , 1979 Melvin Dinner Attorney at Law. 630 Greeley National Plaza Greeley, Colorado 80631 Re : Orr - Cosson vacation . Dear Mel : The Eaton Town Board referred the petition for vacation to me for an opinion as to the legality of the vacation . It appears to me that a small portion is a Town boundary . Your attention is called to C . R. S . (1973 ) 43-2-303 (1 ) (d) , which provides that if a roadway is a town boundary , it may be vacated only by joint action of the town and county commissioners . Very truly yours , WEST & WINTERS Wm. L . West WLW: esm cc : Gary Carsten TOWN OF EATON ORDINANCE 4 AN ORDINANCE VACATING THAT PORTION OF ELM STREET NORTH OF THE NORTH LINE OF FIFTH STREET IN THE TOWN OF EATON, WELD COUNTY, COLORADO. WHEREAS, request has been made to vacate that portion of Elm Street lying north of the north line of Fifth Street in North Side Addition to the Town of Eaton, Colorado; and WHEREAS, the Town Board finds that no adjoining land is left without an established public road connecting said land with another established public road; and WHEREAS, the Town Board finds that a portion of the vacated street is a boundary line; and WHEREAS, it is necessary for the Board of County Commissioners of Weld County to join in vacating that portion of the street which is a boundary line. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF EATON, WELD COUNTY, COLORADO: Section 1. That part of Elm Street hereinafter described be and the same is hereby vacated, to-wit: Beginning at the Southeast Corner of Block 1, North Side Addition to the Town of Eaton (Intersection of the North line of Fifth Street and the West line of Elm Street) ; Thence North 00°00'00" East along the West line of Elm Street, 200.00 feet to the Northeast Corner of Lot 10, Block 1, North Side Addition; Thence North 90°00'00" East, 57. 90 feet; Thence South 15°56'03" East, 62. 39 feet; Thence South 00000'00" West, 140.00 feet along the East line of Elm Street; Thence South 90°00'00" West, 75. 00 feet to the Point of Beginning. Section 2. There is reserved from said vacation an easement over the entire width of the vacated parcel, for water, sanitary sewer, storm sewer and other utilities and to maintain, repair and replace such water, sewer and other utilities. Section 3. This Ordinance shall be in full force and effect from and after thirty (30) days from the date of final passage, approval and publication, but shall not become effective until such time as the Board of County Commissioners of Weld County has finally adopted an ordinance or resolution vacating that portion of the street which is a boundary line of the Town of Eaton. PASSED AND ADOPTED, SIGNED AND APPROVED this day of , 1979. TOWN OF EATON Mayor ATTEST: Town Clerk . r. PETITION TO VACATE ROAD TO: The Honorable Board of Trustees of the Town of Eaton Weld County, Colorado Board of Trustees: WHEREAS, Elm Street, North of the North line of Fifth Street in the Town of Eaton, Weld County, Colorado, has never been opened, used or graded, NOW THEREFORE, We, the undersignd citizens of your town, the owners of Lots 10 through 14 and all that part of Lot 15 lying North of the right of way of The Great Western Railroad as now constructed, all in Block 1, North Side Addition to the Town or Eaton, Weld County, Colorado, according to the recorded map or plat thereof which lies North of the North line of Fifth Street and West oh the West .line of Elm Street, Town of Eaton, Weld County, Colorado, do hereby respectfully Petition the Board of Trustees of the Town of Eaton, Weld County, Colorado, to adopt, sign and approve an ordinance vacating a portion of Elm Street, to-wit: • Beginning at the Southeast Corner of Block 1, North Side Addition to the Town of Eaton (Intersection of the North line of Fifth Street and the Went line of Elm Street) ; • Thence North 00°00'00" Last along the West line of Elm Street, 200.00 feet to the Northeast Corner of Lot 10, Block 1, North Side Addition; Thence North 90°00'00" Last , 57 .90 feet ; Thence South 15°56'03" Last, 62. 39 feet; • Thence South 00°00'00" West, 140.00 feet along the East line of Elm Street; Thence South 90°00'00" West, /5.00 feet to the Point of Beginning 11eIvin L. t.,777 77 Fern K. Orr Owners of Lois 10 and 11 , Block 1, North Side Addition to the 'Gown of Eaton, Weld County, Colorado K. . COSSlh O �, _�--� a tha A. Musson owners of Lots 12, 13, 14, and all that part of • Lot LS, lying North of the right of way of The Creal Western Railroad as now constructed, all in Block I , North Side Addition to the Town of Piton, Weld County, Colorado, and also Outlet "A", a part ul the Northside Addition to the Town of Fatou, being; more particularly described as follows: Beginning at the Southeast Corner of Outlot "A" ( Intersection oh the North line of Fifth Street and the Lust line of Elm Street ) ; thence North 00°00' 00" I.,il ; long Lhe List line of Elm Street, 110. 011 I i-, i , l hen& e Soul li i oTh , ' 03" Last , 145.60 Ieel ; tB net South 90"00'00" West , 40.00 feet to the Point ut Beginning of Outlot "A" 11 d is ° � ,.."...,144.t...: da 1 f.'.:,,...-1§1. t.} ,; 04:',4:it . �)�1p1 1 ' ik 1 M1l I�'I i P M iii-95' I! f fi 11 < �geal k1d yy,, ) d r rz u y e4 ufk' k skid ) c t'ta 11G {ia"r !Y sl('i ° t v 0c s1 o-li'4 fr 4444134 'y 7n , ,, r3 1 ari� � ,4 0. , 4.f TI r. -4,41:,,o:`4 1 t } 7 It '2111{ Eat , f, g ' d ,t '< 1,=: t ' `4}r '41 t Yrkl .,l d� ,.„,ri . Ali v . �°*dC d � �� ?nt 1' - a l �'} r j a � k =.a . I;,. ':446:1'9. y , {;raivrflik 1 .. ty sS tit uL fP .ms+rr+wtamth .nm4.�F�d� n rv.,J)'� if rg1a, r�{11 p `, ° d 43-2-303 Highways and Roads 3 f,."` ��^Z^ I' 'It' 514 515 1 i p Pr: (c) In the event that a roadway bounded by straight lines is vacated, tale ( (a) "Mt f+h tt to the vacated roadway shall vest in the owners of the abutting land, each ,t ounce ma' abutting owner taking to the center of the roadway, except as provided in limits of s A1t�. i„N t+!14'1 paragraphs (a) and (b) of this subsection (I). In the event that the boundary municipal lines of abutting lands do not intersect said roadway at a right angle, the Colorado. land included within such roadway shall vest as provided in paragraph d of this subsection (I). Pt b P ( ) (b) "1'hf d) In all instances out specifically o y provided for, title to the vacated road. way is not way shall vest in the owners of the abutting land, each abutting owner taking (t that portion of the vacated roadway to which his land, or any such a s tn( i is neatest in proximity part thereof, roads union ul `3 of the boar • 4 ¢ 7 n,rv :4.9 (c) No p a roadway upon vacation shall accrue to an abutting (d) If s `4 {� _ t ) ruteeiw`iy- 'I`( ( may be va t. ,4,.:, �r Suurcr. L. 49. p, 620, § 2; CSA, § 6J 2 of the tour ��i' tPt CR ti 19 e: C. 143, ( ); CRS 53, § 120-1-12 (2) 1 § 1 0 14 joi ho y " adjoining s e1 ill , . Cos reference. As to designation of nu land with i a 1 arty 1 u public us see 4 3I-I-108 plop- owner Buell v Sears, Roebuck & Cu , 321 :i,(.1 �1n .) Aari Jur. Sec 19 I ._d 468 (10th Cir. 1963), aff'g 205 F. Stipp (3) 1❑ I. Am ur.2d, Highways, 80511J. Culu. 1962). •. streets and Bridges, § § 142, I84, 185. of-way e e < ('_J S. see 19(' .1 S.. Ilighway s, § I l7 Recording mi di't deed ted vacation conveys lots gas, water, rt only and not vacated street. Since in legal t 4fl f liv the dedication us nder sectilf onf 31-1/08,the meal there was no deed outstanding, the iipptlrtl'nit❑ the power recording of the original deed fitter the street ❑811CeS. { disposition of the properly Mitt yews the city vactuhm served to convey only the lots and r v"2,1,l' f5` with nit, I,:J powu Buell v. Sews, Roebuck (4) Any (' Us Ir nor ; Poi or, of the already vacated street. 1O vacalte o Sapp. 865 tD Colo 1962) Sky 1 y it,,,,:„. muddied 1> Hai bor, Inc v. Jenner, 161 Quo. 47U in the coon I12d 168(10th (5r 1963). 4i5 P.2t1 894(1968). Phis section vests complete legal title. This roars shall section U AriLLs to .Subsection 1 t e I vest in he adjoining the (a) this section dearly it)no not ores the title which initially biassed contemplates vacation of the road- [Uadway 5. v. knell v. Sears, Roebuck & CoCo., 205 F. * + .t; ilia Ily snit county but the complete i1CtlO❑ coin p _ legal Sapp_10th (D. 96lu. 1962),modified,321 F.2d aside, moth x .;tie' to both surface and subsurface rights l0 468 IUIh Cii 19631, w -ac .its led roadway Buell v. Sens Roebuck & modified,notice c t I d 468While subsection (I) (b) of this section was Such(10th CH_I it li'g 2115 I' designed 10 cover the vacation of less than the • been coi'c '{K Sapp VI s 1ID.3 C'oiu 1962i ) tievYhn does not deprive dedicator of prop- ender width of a highway. Buell v. Sears, been recur( 1 1 Roebuck & Co., 205 F. Supp. 865 (D. Colo. located. arts .,nn n ututianall) One dedicating high VOL1 _modified, 321 F.2d 468(10th Cir. 196)). ,i l ", LII� V filmy plats g plats showing Subsection (1) Source: I w: 2.),.ted thereon is 001 (d) prevents disjointed tracts. iii I ally d p ,,vcd of its pmp,tt by a petir'ni n (I) oui of this section would C.R.S. 1963 R L., Y . appear ni ',ory OW the policy of the general u whidi uwkit,. ihal upon vnca acceptance, ti ' _ lain ul he highway slit title test in the assembly IU ts,jir lit l the creation t of Had tdisjointed tracts. In all situations the yarded cc R ;µ shall "7 'lilting 'e+ cI Hu v Sed,l , R hr:k & roadway vests in the owners of abutting land 13 Colo G9, 2 a { I '0c ! Stipp. hr II) ( ulo. 1962), !Nutt- t td 1 lid I!uui(}r Iv6li Huell v. Sears Roebuck &Co., 205 E. Supp. 5m Jur. Sr i f'or dedicator is on notice. A dedicator,even (10t,865 CirD. Colo. 1962), modified, 321 F.2d 468 Sir cis and Ht (IUth . 7J63). !hough ioi -.,tined,tit I4 C.J.S. Sec 3' } y divested of subsu r- Finally,'E Lice tights 'ill notice at the time of dedica- y. subsection (I) (e) of this section a. Gr•. (hat - expresses a clear intent to exclude an unvacated f X3_2 3O�' rd d a poi of the dedicated street highway as an abutting owner. Buell v. Sears, zi should e out used by the coy and countSh,dl apply uneundn wal title would vest in the adjoining 19621)4 modified,Co.'32 205 F. 468(Ioih5Cir. 163). ,din l action 51 e til ,f " 43-2-303. Methods of vacation. (I) All right, title, or interest of a county, of ;in Incorporated town or city, or of the state or of any of its political or part until not h cons l ,ry�(� subdivisions ubd visions in and to any roadway shall be divested upon vacation of such f other slat ( Y by any of the following methods: Source: �a `19iilw } C.R.S. '1163 vii t y.. y tt,cp I[Jlk 1.� N' iy , r Y'yl Y H4 ItI u4W� r I 1�. A Y r. r"�*XX^h R 1 i(I 1 {� I I 1 Iw; r e 11 k 1 !�5 I I I , melt' '�I e i $e 1 d' 1"Ys A its t"yf � § err J� Y rc m rI 9 t I �" � Et b.•I 9 r 9+� ,'59-4'n11,•7:340•01•11 '••••'44•••, •••°, P✓ r 4� xl I1 j �yl rl --40,`..7d, d S. a SI t £ 1 ' A -I , . 1 11 V. t li R I 'Al4 tai � tl i I .I hP 4d k' If-eAY;'( r.. �q , �t4ti. a i11:,';,&4i r II ' 14 Iry'n 'Ir ,i• ' y 514 ii 515 State, County, and Municipal Highways[ 43.2-304 lines is vacated, title (al The city council or other similar authority of a city or town by ordi- abutting land, each fiance may sac ate any roadway or part thereof located within the corporate G cept as provided in t knots of said city or town, subject to the provisions of the charter of such it that the boundary municipal corporation and the constitution and statutes of the state of W t a right angle, the ('nluNIILl l'i.:::.led in paragraph (d) lb) The hoard of county commissioners of any county may.va,- any y ` toidway or any part thereof located entirely within said county if such toad- f to the vacated road- way Is 1101 within the limits of any city Or town_ 'outing owner taking IL) If such roadway constitutes the boundary line between two counties, it any part thereof, wch roadway or any tit thereof may he vacated only by the , pa it joint action of the boards of county co mssioners of both counties rue to an abutting till II said roadway constitutes the boundary lure of a city Or town, it '0 nlis be vacated only by Iolnt .i,:Iron of the hoard of county commissioners f .k of the county and the duly constituted authority of (he city or town. RS 53, § 120-1-12; i Ci 411 roadway or part thereof shall he vacated so as to leave any land 1 ido it lag scud roadway without an established public road connecting said ! 1 I I,ma wash another established public road T'.. Roebuck & Co_, 321 "I In the event of vacation under subsection I of this section. rig hts- ?b al f'g 205 P. Sapp li< If-wily or easements may he reserved for the continued use of existing sewer, vacation conveys lots ern w, dtei or similar pipelines and appurtenances, for ditches or canals and gi .1 street. Since in legal f JiamilellalICCS, and for electric, telephone, tad similar lines and ced outstanding, the I I decd after the street 111 I II'ceS 11 Ally written appurte- vy, ; vey only the hers and instrument of vacation or a rel'nbdivislo❑ plat purporting',eddy v Iled Street Ili west° 01 relocate roadways or portions thereof winch remains of record •finer, 164 Colo. 470. .n the counties where the roadways affected ore situated for a period of seven .: ;cm, shah he prima facie twitter of an effect sic vacation of such former s ' this section clearly y 0 of the entire road- • ahways. This subsection (4) shall not apply driving the pendency of an buck & (o , '-031. stmt m. cornenc.,,. prior to the expiration of said seven-year J. modified 321 r 'Ir de modify or annul the vacation or when the vacation has been set aside t� ,,riot or annulled by proper order or decree of a competent court and rr of this section was r oohce of pendency of action or Athol of less than [hr y a certified copy of such decree has.r. Buell v Songs • I. 'ccorded in r e recorder's office of the county where the property is ,Ilpp_ 865 (D. Colo Iced. 168110th Cir. 19h1i ns disjointed truces. swine: I . 49. p. 621, § 3, USA, C. 143 4 s Ihe sti 5 69(3) CRS 53. § 12U-I-13; � .: ills section would 4-3 Sit• �" 'hey of the gcnrra• creof n It .,111 n I .c.onnl ny I nI.ser '0uownll, earn II I s nn's. dedication :mil ' aa the v'urura oe , sane v Beck 155 Colo 1'5. 295 P 2d IJ( I I. I,9 d sayl'9501 _ II151 and Uhl v Nle Endaller II or °hulling land ¢ CO 205 F. Su em fur Stipp - 9 Am fur 2d, HiE,h ways. Law review. Ion ar -Re subdividing vl Ring lied. 321 Pad JAR ! sn I nI.J Barnes $ IJ and Repi956) l,IF'' sic 28 Rocky MI. L I0.'. 1 .1.v ,Yea i4 13._Highways ways. § 117 529(1956)re) of this section � y ,r re) oa eion y 41-2304. Limitation of actions. Any limitation established by this part 3 Cr. Buell v. Sean, k sh.l apply to causes of action which have accrued prior to May 5, 1949, `app. 865 (D. Colo. Is well Is to all causes of action accruing thereaf ter. The right t tx(10th Cr 19676 i di action shill not he barred by reason of the limitations prescribedri in +a S v s t of a comas, f nail 1 until the expiration of six months from May 5, 1949 'This part 3 shall `tl Of its t li be construed as reviving any action or limitation barred by any former 9r „ political cation f In other statute. of such . Source: L 49, * !' p. 622, § 4; CSA, C. 143, § 69(4), CRS 53, § 120-1-14: ),, , t f R.N. 1963, § 120-14-4. i t 1 ` I Ii ltli I 914' ti l es 1 v ' R" 5'rr If i s 1 I Q .:, 1 n �I 1i I ye r 1.,:...,,,,, ,,... n x _ a{ 'I*' i lie, 1y rk vgry ,„ - r AY, I,° '� vt Y1 ;{(, q r Hello