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Home My WebLink About20153064.tiff RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF KOCH AVENUE - ELSA VALDEZ 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, on August 10, 2015, the Board was presented with a Road Petition from Elsa Valdez, P.O. Box 581, Firestone, Colorado 80520, 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 the right-of-way of Koch Avenue, being more fully described as follows: A parcel of land located in Section 30, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado, as further described in Exhibit B. WHEREAS, the Board deemed it advisable to continue to September 9, 2015, to allow the petitioner to be present, and WHEREAS, on September 9, 2015, the Board of County Commissioners heard testimony and reviewed all other evidence presented therein by staff and the public, and deemed it advisable to continue the matter to September 21, 2015 to allow notice to new surrounding property owners, and WHEREAS, on September 21, 2015, the evidence showed that the vacation of that portion of road 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 has determined that portion of road right-of-way is not needed for the safety and welfare of the traveling public, and WHEREAS, any persons owning dedicated and recorded easements and rights-of-way for the use of the road 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 deems it advisable to vacate said portion of road right-of-way, with said vacation to become effective upon a survey to be conducted by the petitioner, approved by the county, and recording as required below. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from Elsa Valdez, be, and hereby is, accepted. 4371010 Pages: 1 of 5 01/29/2018 10:14 RM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County, CO II JA ; II 2015-3064 EO0043 , RE: VACATION OF PORTION OF KOCH AVENUE - ELSA VALDEZ PAGE 2 BE IT FURTHER RESOLVED by the Board that the portion of road 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 petitioner shall have a survey conducted to obtain a new property description for the adjoining parcels. BE IT FURTHER RESOLVED by the Board that upon the completion of said survey, 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 21st day of September, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Cam( I EXCUSED v• �1�� Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tern BY: agtp dia.., ( etiuty Clerk to the and LZ Sean P. Conway �/ AP'- • C}-AS -FOR / `l . Julie . Cozad -6- Attorney fIVO Steve Moreno Date of signature: /� p v I/ 4371010 Pages: 2 of 5 01/29/2018 10:14 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County, CO lIII lIPAMIAIANANA' PVili5i 1« i II III 2015-3064 EG0043 RE: VACATION OF PORTION OF KOCH AVENUE - ELSA VALDEZ PAGE 3 EXHIBIT "A" The following list of properties consists of property owners adjoining the road right-of-way vacated pursuant to Weld County Board of Commissioners Resolution No. 2015-3064. 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 #131130316001 ELSA VALDEZ PO BOX 581 FIRESTONE CO 80520 PARCEL #131130311008 JARED LIPPERT 309 DUNMIRE STREET FREDERICK CO 80530 PARCEL #131130310006 ROBERT VALDEZ C/O KATHIE ROBERTS 213 ABEYTA STREET FREDERICK CO 80530 PARCEL #131130315001 ADRIAN LUCERO 250 DUNMIRE STREET FREDERICK CO 80530 PARCEL #131130312019 MARGARET AND JOHN ADAMS 305 KOCH AVENUE FREDERICK CO 80530 4371010 Pages: 3 of 5 01/29/2018 10:14 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO )'ARIVIHI1 IA AI'ITIal lint'Mi lli4, 2015-3064 EG0043 EXHIBIT S30 - T2N - R67W .0 -T s oft 5 at ZOOM PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 30 , TOWNSHIP 2 NORTH , RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF WELD , STATE OF COLORADO SAID PARCEL BEING A PORTION OF EVANS ADDITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO . 123259 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : ALL OF THAT AREA LYING NORTH OF BLOCK N , SOUTH OF BLOCK K , WEST OF THE WESTERLY RIGHT OF WAY LINE OF DUNMIRE STREET AND EAS - OF THE EASTERLY RIGHT OF WAY LINE OF THAT ALLEY WHICH LIES TO THE EAST OF BLOCK D AND WEST OF BLOCKS N AND K OF SAID EVANS ADDITION ; SAID PARCEL CONTAINS 6 , 250 . 00 sf. OR 0 . 14 ac . MORE OR LESS . THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R . HOLMES , SURVEYOR IN AND FOR WELD COUNTY, COLORADO . 4.'1/490 Ile %.,0%:fibiitiii' as DANIEL R . HOLMES 0 :° PLS 38213 • . 1 s • • • ••,:, ALLAIno 4371010 Pages : 4 of 5 01 / 29 / 2018 10 : 14 AM R Fee : $0 . 00 x,0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO 11111 611 2015-3064 I�� '!�I"i�' � I � �. M� � WELD COUNTY DEPARTMENT RIGHT OF WAY , .' X861 .. OF PUBLIC WORKS VACATION \\i, __ - : _ - , ` j' _ ` • KOCH AVENUE ' ..+� PROJECT EVANS ADDITION „ , - __ j' �te/ii ' f j , SCALE : 1 "=50 ,� ..•�_ � PROJECT N0 ; WELD COUNTY, COLORADO G o l H- DATE : 7-21 - 15 DRAWN BY : DRFI SHEET : 1 oft • EXHIBIT 1E5S30- 12N - R67W s 4 eolo • aostst I . E > NSAuDiriO]\ T im LO. 40 •iiiilLOT 39 (111 istt:\P)47 V V 41)1 . = 38 L ,Hq4.14 Obis_ i "wali i#CLOT 37 i‘tailr -qu'll 43\1 LOT 36 H„,,!ci 4:9 I.,OT 35 :4 Vr AREA OF K.00H AVE. 0 KOCH AVE BEING VACATED uri VII . 125 ' 25 ' LOT 32 LOT 31 25 ' 60 ' LOT 30la '— 'a—s---C:: a U : >, g 11)) LOT 28 U 3 m -O �r LOT 27 NOTE : THIS EXHIBIT MAP DOES NOT REPRESENT o3 _.i A MONUMENTED LAND SURVEY OR LAND SURVEY 0in PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. cu an o a �• LOT 26isimissiriAsie _ I I . °S' i WELD COUNTY DEPARTMENT CC s RIGHT OF WAY - .\ 1 861 . * #. OF PUBLIC WORKS ix) - '- VACATION f 1 `r�1 INt//All ! ...1..,' �.\ \--‘. KOCH AVENUE am ‘e;;I ; _�. L ,.e -: 1 : lc PROJECT tf co T [ 7i :J !fi; i 111_E�1A� ADI ITIO �.. _ ,- PROJECT NO: SCALE : -5O WELD COUN TY, COLORADO) - c U U riNYmil DATE : 7-21 - 15 DRAWN BY : DRII SHEET : 2 012 ® N C7rico Cr' 0 U PETITION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: The appli shall submit the petition application fee and the required application as follows: One original application form One digital or electronic copy of completed application materials, if required 1—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 the Department of Planning Services. One original written explanation of the application and reason for proposing the right-of-way vacation. Application fee • APPLICATION FEE HEARINGS/MEETINGS PROCESSING TIME $216.00 Weld County Board of County Commissioners 60 days Utility Advisory Board, if applicable Fees are non-refundable and due at time of application submittal. Fees are set by the Board of County Commissioners by Resolution. County Staff is not authorized to negotiate fees and cannot, under any circumstance, change, reduce, or amend the fees set forth in the Weld County Planning Fee Schedule. PETITION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY DESCRIPTION OF RIGHT-OF-WAY(include general description as well as Section,Township, Range): Del jre_ 0-r►d icee-j. •ro _I PETITIONER OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: Etsa VA,/,47-et Work Phone# Home Phone#v0)218- Email Address £►savale✓et:re@ :/,Cow? Address: 1'`('). d7(3 X 8 1 City/State/ZipCode re_sb6h t C 4lora A '05.2c LIST ALL ADJACENT LANDOWNERS (if additional space is required,attach an additional sheet): Name: 1'VIA.)L c,n 51,,,n n /1 Address: 3 o 9 Du n»71 re- Parcel: i- 13 1/36 3 11 oes$' L 45(1.( DeS�r; pL.iart Lai 3�i 3t0 cs ,14 37 nC k Ir.h _ + C OY1 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: f/seN v&lc/e� / Work Phone# Home Phone#7,0 298-5-31t, Email AddressL/3 JaltdeZ /ec�qd,Co ph Address: ?G, 1 r'( S ( — // City/State/ZipCode ,re s?o?le Co La re k'056 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 arid appurtenances within the right of way or holding a recorded interest to use or cross this right of way include: None, DISTRICTS School: • .j..rbon Va l el Pk-'t 1 ecl Ck q-lam Fire: reele r;c k fig 3 IA)a.1 U 1 Dr. ✓✓fred i c,k_Colonic Post Office: f res-t-oro ��kora a _Gsat ___.-IJ __ r'e.v. t — 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 authority to sign for the corporation. s/a $1 a° Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Leal Description: Lc-? 3/ Lot 2 L . $l ek t? ENcut p q 'Do n rn ;re. s-L. r•4 4-J 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 Department of Planning Services. 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. CIA?, /8/aa/5' 5/02o79-0/ 5- Signature Da a Signature Date Signature Date 0 0 0 0 0 CNI m m m m @ LII m m _iO O O O O Q < 00 CO CO 00 0 0 0 0 0 u u Q Q u < 2 u u u u H O 2 Fc R @ e u uj uj u @ 0 0 0 0 i / CC CC CC U 3 U- LL U- u_ -O 0 cc Q H e c 2 LU u (1) 2 u u u _ / CC / k / •as LJ 4-• u u > > 2 e - / - / § q O \ \ s 0 Z u / 7, o_ ec 0 2 0 E - / ° NJ 0 \ E q / f / / CL co CO « m ® CO § \ O / m V) j 2 k 2 k Lii CC / % ( ) CO 2 \ Li) f U V) \ f • ' 3 3 ° RR _ , 0 46 @ I CL » E I 0 e c § $ / CU cc 2 a / n3 o � / ° u g 2 2 f -O _ ° 0 % 0 0 « # c ) - \ 2 7 / \ e NI 2 2 / 4 \ � ' § / / k 7 > 2 / \ \ / / \ OA c CO k •/ k 4 6 a D c 1 Z < / k E 2 9 0 2 u > Q 3 E 2 • o cc •- / / \ \ / CO \ \ u / § \ to / 0T u NOTICE OF CONTINUANCE OF HEARING 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: September 21, 2015 TIME: 9:00 a.m. APPLICANT: Elsa Valdez PO Box 581 Firestone, Colorado 80520 REQUEST: Petition to Vacate a portion of Koch Avenue in the Town of Frederick, subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: A parcel of land located in Section 30, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado, said parcel being a portion of Evans Addition, filed in the Weld County Clerk and Recorders Office under Reception No. 123259 and more particularly described as follows: The South half of that area lying North of Block N, South of Block K, West of the Westerly Right- of-Way line of Dunmire Street, and East of the Easterly Right-of-Way line of that Alley, which lies to the East of Block D and West of Blocks N and K of said Evans Addition. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 9, 2015 0 0 0 0 0 N M M M M L.,1 Ln Ln cl-lo o o o o Nil CO 00 00 CO 00 O O O O O UOUUU w Y Y Y Y < Z U U U U O W W W W(I) } w CC 0 LU f- CC w w w w CC CC CC CC O W LL u LL W >- -O (6 (0 2 O N C (C f0 w w v 0 v U W F W 4,, 4-, • ++ W (0 CC LLLI I- v--, V U i CC• N > CC > C1 "d O O O C � (0 N VI Z w Z U o O X a) z; a. w D m D O OC m O Q a Y O '-' (0 OVA a p 0 0 o " 3 ru 'O < CL M N (N M c u 0 0 > O (0 srs N (n i 'CCR (13 N W a-+ Ov 00 G -0 L.f) CL , w (0 U N N 4J ,--( to W ? m L U 0 ., Z cn U '._ — l6> cc ccO " W W Q CL C p w O Y Z Z ( o U C = Q LU = _ >, -a O O CD Z O� 0 Q v -C T a CC a) O U ,e .C RS Q 0 a Z N O O LL O Vr v Z W CC Z O '- O V) O Z > W N 0 U I- FW- i 00 c (f0 --00 ,-i v z o 0 0 > 0C a 73 E°' 4 d U >, 4- r (0 0 O o w > Q ~ Z Q W 40 0 E O c0 . 4-4 cC y < N Q m 0 Q D: v 1_ Cr +.e. ao i ("-a a) ccn a Z w cc < 2 v _ vii v • oC v 0 0: U NOTICE OF CONTINUANCE OF HEARING 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: September 9, 2015 TIME: 9:00 a.m. APPLICANT: Elsa Valdez PO Box 581 Firestone, Colorado 80520 REQUEST: Petition to Vacate a portion of Koch Avenue in the Town of Frederick, subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: A parcel of land located in Section 30, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado, said parcel being a portion of Evans Addition, filed in the Weld County Clerk and Recorders Office under Reception No. 123259 and more particularly described as follows: The South half of that area lying North of Block N, South of Block K, West of the Westerly Right- of-Way line of Dunmire Street, and East of the Easterly Right-of-Way line of that Alley, which lies to the East of Block D and West of Blocks N and K of said Evans Addition. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 11, 2015 0 0 0 0 0 N M M M m Lr, U c)-I• 0 0 O 0 0 0 0 0 0 0 U U U U U Lu w Y Y Y Y < Z U U U U O w w w w vvI- 5: v) 0000 F- w w w w w • cc cc cc cc U LL LL LL LL LL f0 co 2 O N N I— I— C c6 m a1 w F— W w .c .7, +O' �+ I- W Fes— O co L.)co i N CC N Z c LL >- •}, > — Q — Q O = �O co CJ V) V) Z co 2 LU Z U U t 0 L1 X m Q 0 Y O ' d Op N 0 a) n L.,M o L 3 m a, 0 0 0 .-c Lr, o - co N -O < d M N N M O U O O co co a +' 0. > a, ca u = 4-; N co V) R (C V) w w RJ U a.) . (3) w >> 00 'a f0 L a1 VI 0 " w w G Q N ON O H- 0 0 > a 0 c O < < Z > p U C ,' m+ w M U Y Z t C `6 c O O: 0 Q `° a� v n3 c -a zu 2 � a -a a .,_,°.) Z N O D LL ° o •C v t t o z Q O CC Q O a >. 1 CO m > W = J U w t OA O co -pCI N cu Z o 0 0 > w Q LL.) - a' 5 ca v Q t O O w > Q ~ Z Q LL C a) O co O CL +ct � LLI C Q co cX m cc F� L QL •5 Y \J L N d Z w C Q G U — N ,- c a) aC U i NOTICE Pursuant to Section 43-2-303, C.R.S., and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado, during its regular Board meeting. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley 80631, Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DATE: August 10, 2015 TIME: 9:00 a.m. APPLICANT: Elsa Valdez PO Box 581 Firestone, Colorado 80520 REQUEST: Petition to Vacate a portion of Koch Avenue in the Town of Frederick, subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: A parcel of land located in Section 30, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado, said parcel being a portion of Evans Addition, filed in the Weld County Clerk and Recorders Office under Reception No. 123259 and more particularly described as follows: The South half of that area lying North of Block N, South of Block K, West of the Westerly Right- of-Way line of Dunmire Street, and East of the Easterly Right-of-Way line of that Alley, which lies to the East of Block D and West of Blocks N and K of said Evans Addition. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 24, 2015 4106108 Pages: 1 of 1 05/11/2015 11-33 AM R Fee:$11.00 D Fee:$0.00 Carty Kolves, Clerk and Recorder, Weld County, CO IF.IFictriii:IrkfiliiilikisatitkOintlilli Aid 1181 PERSONAL REPRESENTATNE'S DEED (Testate Estate) THIS DEED is made by E)s as Personal presentative of e Estate of _ _ f2_ ! •Crn�+� deceased,Grantor, to Fes— a( Grantee whose legal le lgaad address is of the County of State of WHEREAS,the Last Will and Testament of the above-named decedent was made to (fin oe rmal) lifetime of the decedent, and is dated I.2.2//7 20j'which ill was dub( Court and ) (informal)"probate on 1.x//7 ,20__,by the (i..Q/ pPro�baTe& ;fin P in ae,or the County of 1 y)P Id State of et)lb lr .,2c! P / WHEREAS,Grantor was duly appointed Personal Representative of said Estate on 2015-and is now qualified and acting in said capacity. NOW THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell,convey,assign,transfer and set over unto said Grantee{in joint tenancy)" (for and in Dollars)" (As the person entitled to codistribution of yig property situate in the distribution of the property in the ado-7e captioned Will)"the followin descn real County of ldi e,l.Q ,State of____0041) O 31 43'1.td Lcj 3.2 Sik N Evcons-tc,' 0,310 rtc/O toss o Also know by street and number as: .23 9 D Ur)n ;1-e. 5 t, F LA./piston a of o t o,d0 05.4 G With all appurtenances,subject to covenants,easements and restrictions of record,and subject to general property taxes for the year 20 ,and subject to As used herein,the singular includes the plural and the plural the singular. Executed s//r ,20 15 Qr� -{/61-j i Personal R presentative of the Estate of � Rr _ r,c� It e STATE OF ec!{ . as COUNTY OF (.Je..I d ) ntwas acknowledged before me this f/ day of The foregoing instrument j by r /AS4 VA Li)r7 � is?" A`/�� as Pe nal Representative of the Estate of rPf-,6 L Deceased. , Sri-27/'/f7 /L 4 F� Witness my hand and official seal. My Commission Ex ices: _ N P. COLLINS **Strike as required. NOTARY MILK STATE Of COLORADO NOTARY ID 20054018815 MY COMMISSION EXPIRES OCT. 20, 2017 I Elsa Valdez, granddaughter of Fred Valdez and Beatrice Valdez. Daughter of Irene Valdez. Grew up at 239 Dunmire, surrounded by my family. Who all lived on and around Dunmire Street. I've since decided to move my family back. It's been very difficult to fmd or aesthetically build a home that coincides with the community. The property/right away,has been vacant for decades. The right away goes Nowhere! There is an ally way behind our properties, So Robert Valdez has another access way to his property. My family has provided the up keep, since we've owned the property in 1963. OMyself and Max Cooper(the adjacent neighbor)have had many conversions, about filling to upturned the right away. It would benefits both parties,I could have a bit more room for my son to play and he would like to have more room for his ATV's . Elsa Valdez Cell (720)298-5512 Elsavaldez81@gmail.com ... ... • 2015 Koch Avenue ROW Vacation : Valdez ,.. .. , , , _ .0 I 6 • • 4 4 CCP _ •'� Itr K MI .M'. • Z lie1!_ t Y 44 i . . ID Addition to Cooper Property • . . . . :9. • • ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . UU • • u ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ C, Addition to Valdez Property a is, - ot Road ROW to be Vacated , ,�m. • .4,,, ... .4 ♦. 14114 p it ' 1 i. --, in ; i sir L1• it 4 i 0 y n di I t �. tµ. w • iiir 1El • #K• Ill 01 Iv. i. Ilk a tla it. 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Y', BY ` t fl-- . 1 r c t ,V MONEY ORDER . _ _. _ _. ,+� a...�a.a a.e,ea:w.aaaT :..:.a.��.<....r,rr.:..,�....w...:.��. .,.,u _..�.,..�. .. .. .,...•...r.. c c .«.a .:: r.. . ..� .. '� RECEIPT DATE NO. o ° RECEIVED FROM !" (` ,t. `''f `' i . t �m° oa ADDRESS -- 0 ' U ° oaa) FOR may Ud0 H,., 'PAID •••,,, .91IL�.� CASH i, 'r t,.. CHECK: 1 SL BY MONEY ORDER y; - ° RECEIPT DATE L / /'-') NO. f 1:-) o RECEIVED FROM t `>,,i vt"r,, ,;m Co ADDRESS . a, -i T -, z y r UO f `v' r l,. . ►,t1 (. i\A 1' G ... _ _.......,. $ ,C . o ° oati FOR m m 0 a) S� O O. O HOW PAID �. illiGi- CASH ,l ' ., IBC �'' CHECK I t: MONEY ORDER . Rafaela Martinez From: Jennifer Petrik Sent: Friday, July 24, 2015 2:47 PM To: Esther Gesick; Rafaela Martinez Cc: Michelle Martin; Bob Choate; Wayne Howard Subject: Valdez ROW vacation request Hi Esther, With regards to the vacation of ROW request from Elsa Valdez requesting vacation of the 125ft of unbuilt Koch St, west of Dunmire St. near Frederick. Planning and Engineering have reviewed the request and concluded there may be some potential concerns with vacating the ROW which may be limiting access to parcels to the west. Thank you, -Jen Jennifer Petrik, P.E., CFM Weld County Development Review Engineer 1555 N 17th Ave Greeley,CO 80631 ioetrik@weldgov.com PHONE: (970)353-6100 x 3552 FAX: (970)304-6498 181• r TA r 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. Thank you, -Jen Jennifer Petrik, P.E., CFM Weld County Development Review Engineer 1555 N 17th Ave Greeley, CO 80631 ipetrik@weldgov.com PHONE: (970)353-6100 x 3552 FAX: (970)304-6498 1 Rafaela Martinez -1)\v From: Richard Hastings Sent: Wednesday, June 24, 2015 3:43 PM To: Rafaela Martinez Cc: Elizabeth Relford; Michelle Martin; Tom Parko Jr.; Brad Yatabe; Tiffane Johnson; Wendi Inloes Subject: FW: Petition for Vacation of Road, Street or Alley Right-of-Way- Elsa Valdez Attachments: Elsa Valdez Petition to Vacate ROW.pdf; 2015 ROW VAC Valdez.pdf Rafaela et/al, The DESCRIPTION OF RIGHT-OF-WAY found on page two of the application seems a bit vague to me. Being as how my knowledge of legal descriptions is somewhat limited, I drafted my own visual interpretation (2015 ROW VAC Valdez- attached) of the Alley ROW that I presume to be the subject of the petition. Public Works is in support of the petition to vacate Alley ROW as so shown in the attached "2015 ROW VAC Valdez" map.The exact legal description of that parcel of land I leave to those more skilled in that arena. Please advise as to any errors noted on my INTERPRETIVE MAP! Thanks, Rich Richard Hastings Compliance Analyst&Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 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: Rafaela Martinez Sent: Monday, June 15, 2015 12:33 PM To: Michelle Martin; Tom Parko Jr.; Richard Hastings; Brad Yatabe Subject: Petition for Vacation of Road, Street or Alley Right-of-Way - Elsa Valdez Hello! In accordance with the procedure regarding petitions for Vacation of Road, Street, or Alley Right-of-Way, please review the following document for the Specified Petition/Request and return your report to the Weld County Clerk to the 1 Board's Office within two weeks. Your report will be used by the Board of County Commissioners in determining their decision concerning this Petition. PLEASE RESPOND NO LATER THAN: Tuesday,June 30,2015 Applicant: Elsa Valdez Thank you, Rafaela.1. .11Iartinex Deputy Clerk to the Board 1150 O Street'P.O. Box 7581 Greeley, CO 80632 tel: (970)336-7215 X5226 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 Esther Gesick From: Nick Nelson [NNelson@frederickco.gov] Sent: Wednesday, July 29, 2015 4:23 PM To: Esther Gesick Subject: Request to Vacation Koch Avenue Right-of-Way Attachments: Koch Ave Request Referral Comment.doc Good afternoon, I have attached the Town of Frederick's Referral comments to this email. Thank you, Nick Nelson I Planner I Town of Frederick 1720-382-5654 nnelson@frederickco.gov I www.frederickco.gov Err t piaitj Built On What Matters 1 (11 401 Locust Street • P.O. Box 435 • Frederick, CO 11 80530-0435 II r f' fr, 1 Phone: (720) 382-5500 • Fax: (720) 382-5520 toLost iC 6 o - d • www.frederickco.gov July 29, 2015 Board of County Commissioners of Weld County, Colorado Weld County Administration Building 1150 O Street, Assembly Room Greeley, Colorado 80631 Re: Request to Vacation Koch Avenue Right-of-Way Dear Board of County Commissioners, Thank you for the opportunity to provide comments regarding the petition to vacate a portion of Koch Avenue submitted by Elsa Valdez. The subject of right-of-way is within the Town of Frederick planning area. The Town opposes this request for vacation, because it limits development opportunity on adjacent properties. Should the property owners to the east decide to develop their property after vacation of this right-of-way, proper access to the property will be non-existent. The existing right-of-way preserves the development potential. If you have any questions feel free to contact the Town of Frederick Planning Department. Respectfully submitted, Nick Nelson Planner I 720.382.5654 nnelson@frederickco.gov Built on What Matters. Rafaela Martinez From: Esther Gesick Sent: Friday, July 31, 2015 3:04 PM To: Nick Nelson Cc: Rafaela Martinez; Frank Haug Subject: RE: Request to Vacation Koch Avenue Right-of-Way Follow Up Flag: Follow up Flag Status: Flagged Hello Nick, Thank you for your Referral Comments. I have included a copy in the file, as well as forwarded them to the petitioner with the suggestion that she call and visit with your, or at least be prepared to discuss your concerns at the hearing scheduled for August 10, 2015, at 9:00 a.m. Please let me know if I can be of any assistance. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970)336-7215 X4226 6.4 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: Nick Nelson [mailto:NNelson@frederickco.gov] Sent: Wednesday, July 29, 2015 4:23 PM To: Esther Gesick Subject: Request to Vacation Koch Avenue Right-of-Way Good afternoon, I have attached the Town of Frederick's Referral comments to this email. Thank you, 1 Nick Nelson I Planner I Town of Frederick 1720-382-5654 nnelsongfrederickco.gov I www.frederickco.gov Built On What Matters Click here to see what matters to us! This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information is strictly prohibited. If you have received this message in error, please notify the sender, by electronic mail or otherwise and delete the original message from your computer. 2 Rafaela Martinez From: Frank Haug Sent: Friday, July 31, 2015 11:27 AM To: Richard Hastings; Elizabeth Relford; Daniel Holmes; Rafaela Martinez; Tiffane Johnson Subject: RE: help, please I am going to get a hold of Ms. Valdez today, it sounds like she is reconsidering her position on pursuing the vacation. I wanted to check with you guys to see if you had any comments for me before I call her. Frank N. Haug Assistant Weld County Attorney 1150 0 Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Richard Hastings Sent: Wednesday, July 29, 2015 2:48 PM To: Elizabeth Relford; Daniel Holmes; Tiffane Johnson; Frank Haug; Rafaela Martinez Subject: FW: help, please FYI, Rich Richard Hastings Compliance Analyst & Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 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. 1 Original Message From: Jennifer Simmons [mailto:JSimmons@frederickco.gov] Sent: Wednesday, July 29, 2015 2:41 PM To: Michelle Martin; Tom Parko Jr. Cc: Richard Hastings Subject: RE: help, please Hi Michelle, I almost wish I could say I was bored :) No need to send the application. I appreciate knowing the comments from Planning and PW are in line with what I was seeing. Since this area is part of the Frederick Comprehensive Plan, it's useful to have this information. Any redevelopment of the area will be a challenge, but it becomes more of a challenge when ROW to properties is removed. Thanks! ! Jenn Original Message From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Wednesday, July 29, 2015 2:37 PM To: Jennifer Simmons; Tom Parko Jr. Cc: Richard Hastings Subject: RE: help, please Hi Jen, I hope all is well. As a part of our review we noted the following concern. "With regards to the vacation of ROW request from Elsa Valdez requesting vacation of the 125ft of unbuilt Koch St, west of Dunmire St. near Frederick. Planning and Engineering have reviewed the request and concluded there may be some potential concerns with vacating the ROW which may be limiting access to parcels to the west." Would you like a copy of the application? Michelle Martin Planning Manager 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message 2 From: Jennifer Simmons [mailto:JSimmons@frederickco.gov] Sent: Wednesday, July 29, 2015 2:20 PM To: Tom Parko Jr. <tparko@co.weld.co.us> Cc: Michelle Martin <mmartin@co.weld.co.us>; Richard Hastings <rhastings@co.weld.co.us> Subject: RE: help, please Awesome. Thanks, Tom. Jenn Original Message From: Tom Parko Jr. [mailto:tparko@co.weld.co.us] Sent: Wednesday, July 29, 2015 2:19 PM To: Jennifer Simmons Cc: Michelle Martin; Richard Hastings Subject: RE: help, please Jen, I am bit familiar with the vacation since my department received a referral from CTB and Public Works. I copied Michelle Martin from my department and Rich Hastings with PW on this email. If my memory serves me correctly, I think we are recommending against the vacation, but the two copied on the email can chime in if I am not correct. They can also send you the information we received from the applicant. Regards, Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-353-6100, ext 3572 Mobile: 970-302-5333 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Jennifer Simmons [mailto:JSimmons@frederickco.gov] Sent: Wednesday, July 29, 2015 2:13 PM To: Tom Parko Jr. Subject: help, please Hi Tom, I'm guessing Planning might not even be the right department to reach out to, but I'm hoping you can point me in the right direction. I just received a notice of a County Commissioners 3 meeting to discuss vacation of a portion of a road in Evanston. I'd like to know more about what's being suggested but the only contact on the sheet is egesick@co.weld.co.us <mailto:egesick@co.weld.co.us> and I'm pretty sure she's not the correct person to contact. . .can you help me? Thanks, Jenn Jennifer Simmons I AICP I Planning Director Town of Frederick 1720-382-5651 jsimmons@frederickco.gov <mailto:jsimmons@frederickco.gov> I www.frederickco.gov <http://www.frederickco.gov/> 4 EXHIBIT-A S3O-T2N-R67W PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO SAID PARCEL BEING A PORTION OF EVANS ADDITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 123259 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THAT AREA LYING NORTH OF BLOCK N, SOUTH OF BLOCK K, WEST OF THE WESTERLY RIGHT OF WAY LINE OF DUNMIRE STREET AND EAST OF THE EASTERLY RIGHT OF WAY LINE OF THAT ALLEY WHICH LIES TO THE EAST OF BLOCK D AND WEST OF BLOCKS N AND K OF SAID EVANS ADDITION; SAID PARCEL CONTAINS 3,125.00 sf. OR 0.07 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. p,{)O Or, DANIEL R. HOLMES 0.`•kr� PLS 38213 ej 38213cr < � SAN C SC�..•, WELD COUNTY DEPARTMENT QUIT CLAIM 1861 OF PUBLIC WORKS SOUTH HALF OF KOCH AVE KOCH AVENUE PROJECT EVANS ADDITION N PROJECT NO: SCALE: 1 =50 WELD COUNTY,COLORADO G C - ~- DATE: 7-21-15 DRAWN BY:DRII SHEET: I oft EXHIBIT—A S30-T2N-R67W .01 S D D ION LOT 40 1101 LOT (doP . 4.:‘,04 :147 44),1 . 313 LOT LOT 36 pitlimi 4:9 LOT 35 $.\,4 N (;1. KOCH AVE . to to 125' ' 25' LOT 32 LOT 31 4,t 0 S) —.., 25' —NE— , . , 60' ". LOT 30 ii) $ r''' LOT 28 LOT 27 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT, IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. LOT 26 WELD COUNTY DEPARTMENT QUIT CLAIM 1861 -de OF PUBLIC WORKS SOUTH HALF OF KOCH AVETi- t'ti- 1 r , KOCH AVENUE - k lt, -'1 r 1, 1 (- PROJECT EVANS ADDITION y� ' O -,' , PROJECT No: SCALE: 1"=50 WELD COUNTY,COLORADO II G 6_1) T Iie,-i DATE: 7-21-15 DRAWN BY:DIM SHEET: 2 of 2 EXHIBIT-A S3°-T2N-R67W PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO SAID PARCEL BEING A PORTION OF EVANS ADDITION FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 123259 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH HALF OF THAT AREA LYING NORTH OF BLOCK N, SOUTH OF BLOCK K, WEST OF THE WESTERLY RIGHT OF WAY LINE OF DUNMIRE STREET AND EAST OF THE EASTERLY RIGHT OF WAY LINE OF THAT ALLEY WHICH LIES TO THE EAST OF BLOCK D AND WEST OF BLOCKS N AND K OF SAID EVANS ADDITION; SAID PARCEL CONTAINS 3,125.00 sf. OR 0.07 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. /64"DANIEL R. HOLMES PLS 38213 , ; 1 ^, ANAL LAO WELD COUNTY DEPARTMENT QUIT CLAIM 18b1 - OF PUBLIC, WORKS NORTH HALF OF KOCH AVE Koc�[AVENUE 1t��"" ��`� � � � � PROJECT' r-� [API I IP PROJECT NO: SCALE: 1"-50 EVANS ADDITION €� _.. WELD COUNTY,COLORADO C{�U T DATE: 7-21-15 DRAWN BY:DRH SHEET: 1 oft EXHIBIT-A S30-T2N-Rb7W S D D 0 LOT 40 Elosoilri LOT 941D 41s).4I 44, ., 8 F14444 *LOT 37 '-'" "4 $ LOT 36 9 LOT 35 OCI*7 ry $.‘e) (Li KOCH AVE . ,.....,..............,....„..........,_,......, 4....... 125' 25' LOT 32 LOT 31 1.4 °4° --u•-- 25' vie 60' LOT 30 $ I LOT 28 1.40"F 27 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. LOT 26 WELD COUNTY DEPARTMENT QUIT CLAIM :totiaitillitr OF PUBLIC WORKS NORTH HALF OF KOCH AVE : �',, „-s _fii: , ,-7,, KOCti AVENUE !! '. iii me PROJECT' i!f {% ;J SCALE. 1"-50 EVANS ADDITION r c-- - t ti PROJECT N0. WELD COUNTY, COLORADO --" C-2-1 D_ DATE: 7-21-15 DRAWN BY:DRH SHEET: 2 of 2 w.r Hello