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Home My WebLink About20152776.tiff RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF COUNTY ROAD 1 AT ABRAMS LAKE-TOM CAGGIANO, C/O INTERMILL LAND SURVEYING, INC. 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 Tom Caggiano, 145 Hayrick Lane, Commack, New York 11725, do Intermill Land Surveying, Inc., 1301 N. Cleveland Avenue, Loveland, CO 80537, 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 1 at Abrams Lake, being more fully described as follows: Being a portion of the Southwest Quarter of Section 6, Township 4 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, 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 Tom Caggiano, c/o Intermill Land Surveying, Inc., be, and hereby is, accepted. 4140416 Pages: 1 of 5 09/09/2015 10:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 2015-2776 C C'7L') IOW;4112L- q f1q EG0043 RE: VACATION OF CR 1 AT ABRAMS LAKE -TOM CAGGIANO, C/O INTERMILL LAND SURVEYING, INC. 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 19th day of August, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL DO ATTEST: . lo•c,C arbara Kirkmeyer, hiajirjlt Weld County Clerk to the Board l Mike Freeman, Pro-Tern BY: uty Clerk to the Boar T� �� 1 /jJ t /Th Co ay (i5,70/ APPR VEDAS TO F•RM: ` �'' � ittaa A. Cozad County Attorney ��__ j�XCUSED /, Steve Moreno Date of signature: / 4140416 Pages: 2 of 5 09/09/2015 10:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII W I 'IN' III III 2015-2776 EG0043 RE: VACATION OF CR 1 AT ABRAMS LAKE -TOM CAGGIANO, C/O INTERMILL LAND SURVEYING, INC. 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. 2015-2776. 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 #106106300094 THOMAS CAGGIANO 145 HAYRICK LANE COMMACK NY 11725-1520 PARCEL #106106300093 DENNIS DOSTAL CHRISTINE DOSTAL 23179 COUNTY ROAD 1 BERTHOUD CO 80513 PARCEL #106106300005 JAMES BIRDSALL ELIZABETH BIRDSALL 23111 COUNTY ROAD 1 BERTHOUD CO 80513 PARCEL #106106300004 IVAN BIRDSALL VIOLA BIRDSALL 23023 COUNTY ROAD 1 BERTHOUD CO 80513 PARCEL #106106000082 JACKSON FAMILY RESIDUARY TRUST 67 COUNTY ROAD 48 BERTHOUD CO 80513 4140416 Pages: 3 of 5 09/09/2015 10:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II III 2015-2776 EG0043 Intermill Land Surveying 1301 N. Cleveland Ave. s•.. a • _ Loveland, Colorado 80537 (970) 669-0516 Fax: (970) 635-9775 E-mail: intermill@qwestoffice.net Right of Way Vacation Description: Being a portion of the Southwest Quarter of Section 6, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows; Considering the West line of the Southwest Quarter as assumed to bear South 03°12'46" East and with all bearings contained herein relative thereto; Beginning at the Southwest Corner of said Section 6, said point being the TRUE POINT OF BEGINNING; thence along the South line of said Southwest Quarter North 89°59'15" East 30.05 feet; thence departing said South line North 03°12'46" West 1729.54 feet; thence North 57°14'12" West 37.07 feet to a point on the West line of said Southwest Quarter; thence along said West line South 03°12'46" East 1749.64 feet, more or less, to the Southwest Corner of said Section 6 and the TRUE POINT OF BEGINNING. Said area contains 1.20 acres, more or less, and is subject to all existing easements and or rights of way of record. 4140416 Pages: 4 of 5 09/09/2015 10:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO ■III!Ka LT Y�ii'I��'4��y'W.tr�� t��'i�Y��tL� I�. ��'1 I in I 2015-2776 \\hal\prj\P-4572-ROWvacationWELD\doc\ROWlegal.doc I __ LAoQaa C), MIW WIgITICDR1 E coo o ai EaP A PORTION OF THE SOUTHWEST QUARTER OF SECTION 6,TOWNSHIP 4 NORTH,RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO I I N88'46'36'W 1203.96' \t( I I « _ _ 34.22• 71I I I I MELTED W.1/4 Cor. I I Section 6-4-68 C.1/4 Corner I Igl Found Na.6 mbar SectiO;6-4-68 Ta (length unknown)with Caloulate4 Position. ILLEGBLX I I I 3-1/4^dia.Aluminum (Located In body of water). I Cop,WOKE/MELTED. \u m I I r0 1 0 II • 0 \i� 0 I I \ g.,„ II I /T4W R98W I p0 4 I I / ct/I se I I O I ,^I >w.eo'ra coo. I TI \l5 32929 /�' ` I VI 60'County Rood Right 2000 —^'t r---t Page 5067 Book 6 C.1/4 Corner ) I I LOT A of RECX13-0077 Section 6-4-68 I I NOT A Par Witness Corner I I Found No.8 Reber I 30'--♦-••'t 0 N5714'12'1�I (length unknown)with r Alum.Cop Marked p I L 37.07' As Shown /V , � S. N.`N 30' 60'County Road Right I '2/,, / ////----al Way a per Rook 8 TTT r, \I al Page 506. K O z-r. z a ' /fit �'I \ 4 I I \\° NoA .d ° a Cq`. Z $ L ol 7 ,,\`,\ LOT A of RE-2978 > 0 P s. No �z \\\\ \ 1 CC Current existing rood r---1 Ti Area of Right of Way to be vacated. I_—location.and Right of Way. 6 0. °: IT—Due to location of lake. (ABRAMS LAKE) I I Q I a a8 51th 0O J $ 'D 1!27 li 91 ma i 1111 II D J O I J o o o 1 1 Dd 2 ` (.,...„.sHoR) /YI I �� S.W. Corner S.1/4 CornerLL �� ISection 6-4-68 Section 6-4-68N R6W &F Q , I ILLEGIBLE Found 2•Iran Plpe Found No.6 Reber 4' I L O LLI (length unknown)with(length unknown)with 2.Ola.uum.Cap ]-1/4•Aluminum CapIBB4 O �OMarked As Shown: € I <S12TANakdA.ShoS 724ND..., Z R (•— Point of Beginning (7 O 6 811•59'15'W — — 2441.64' — — - - - _ N89'59'15'E 30.05' —I N....--../ DRAWN Br: 15c NORTH CHECKED BY: APPROVED By: P WEST EAST 1 DATE: 7-29-2015 SCALE: 1•-200' SOUTH PROJECT NO.: HORIZONTAL SCALE NOT TO SCALE P-4572 7 Linear Unite Ueed for this survey—U.S.Survey Feet 9 SHEET OF _ 9 1 1 I 4140416 Pages: 5 of 5 CAGGIANO RIGHT OF WAY VACATION EXHIBIT MAP 09/09/2015 10:04 AM R Fee:$0.00$0.00 x015'0:T7 42 Carly 'ppes, Clerk and Recorder, Weld County, C0 I ^ !III iiI!.t1 TN, :�IAi �,U .*Ik4�OVilliif:l I,Yi1)l 1111CC7 004 3 i Esther Gesick From: Frank Haug Sent: Wednesday, August 19, 2015 3:45 PM To: Richard Hastings; Esther Gesick Subject: FW: Follow up on ROW vacation FYI, I sent this over to them, I think we have it figured out now, thanks! Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970)356-4000 x4394 fax: (970)352-0242 AP c.. ; 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: Frank Haug Sent: Wednesday, August 19, 2015 1:41 PM To: Commissioners Cc: Bruce Barker; Bob Choate Subject: Follow up on ROW vacation I wanted to follow up on the Right-of-Way vacation from this morning to answer the questions that were asked. 1. Dedication of Road. The original road was dedicated around 1899 along the county line, between 1899 and 1937 the road was re-routed to its current location due to the presence of the lake. Thus the road has been reserved to the county through use for some 78 years by public use and maintenance. This essentially grants us a Dedication by Use. Additionally, each of the adjacent property owners on both sides of the road are in a recorded exemption. In reviewing the plats for each of those RE's, they all include a 60 foot ROW for Weld County Road 1. As a result, I do not think any of the property owners could claim that we do not have a ROW for this road. 2. Reservation of Land to Property Owners. C.R.S. 43-2-302, the vacation statute, outlines that when the right of way is vacated,the land vests in the respective property owners, so as Bruce said it doesn't need to be in the resolution, but it may make sense to include it going forward. 3. Reservation of Mineral rights. Working with Esther and the CTB,they have changed the resolution template for these ROW vacations to include the language regarding reserving our interests, so it should be included in all the resolutions going forward, they have been a huge help. I will check each resolution going forward to make sure that the language is included. 1 Thanks and please feel free to follow up with other questions or concerns. Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970)356-4000 x4394 fax: (970)352-0242 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 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 19, 2015 TIME: 9:00 a.m. APPLICANT: Tom Caggiano c/o Intermill Land Surveying, Inc. 1301 N. Cleveland Avenue Loveland, CO 80537 REQUEST: Petition to Vacate a portion of County Road 1 right-of-way, North of County Road 48 extending North between County Road 50, subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: Being a portion of the Southwest Quarter of Section 6, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado, as further described in Exhibit A. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 4, 2015 EXHIBIT Intermill Land Surveying 1301 N. Cleveland Ave. ••�� ' • Loveland, Colorado 80537 (970) 669-0516 �- �� `►� Fax: (970) 635-9775 E-mail: intermill@qwestoffice.net Right of Way Vacation Description: Being a portion of the Southwest Quarter of Section 6, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado being more particularly described as follows; Considering the West line of the Southwest Quarter as assumed to bear South 03°12'46" East and with all bearings contained herein relative thereto; Beginning at the Southwest Corner of said Section 6, said point being the TRUE POINT OF BEGINNING; thence along the South line of said Southwest Quarter North 89°59'15" East 30.05 feet; thence departing said South line North 03°12'46" West 1729.54 feet; thence North 57°14'12" West 37.07 feet to a point on the West line of said Southwest Quarter; thence along said West line South 03°12'46" East 1749.64 feet, more or less, to the Southwest Corner of said Section 6 and the TRUE POINT OF BEGINNING. Said area contains 1.20 acres, more or less, and is subject to all existing easements and or rights of way of record. \\hal\prj\P-4572-RO W vacati on W ELD\doc\R O W legal.doc a [3[1@X OG= 7Lau MLaC©La40OM IEKNOE3DU [ Lap A PORTION OF THE SOUTHWEST QUARTER OF SECTION 6,TOWNSHIP 4 NORTH,RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO 1.41t.\\ 666.20' -- N88'46'36-W 1203.96' V\ �. - I I • - - I I W.1/806 Section 84-88 C.1/4 Corner 1 I Found No.6 reba)with $6ctigr`8-4-68 CalcuI 1 3-1/4'h udoo.Alumin.,n (Located �tn body bo of water). I "'I Cap.ILLEGIBLE/RELIED. f I I • \ I M 1 I 6 1 1 $ 8I • o I I 1 Ai 1 we I I r4N BROW I 1 I • c1/4 ee 1 I I-' ,_1 7,19 324 o06. I'll BO County Rood Right 2000 �1 �1 __,j to---of way e.o Book 6 C.1/4 Corner I I LOT A of RECX13-0077 Section 6-4-68 1 I NOT A PIT Witness Corner I 1 found No.6 Relax 1 ao'--1•'F-3a' N57'14'12'W (1m9th unknown)with I l A.ShowAlum:Cap Waked I .; 37.07' a \\ 1 60'County Rood Right 7 ��))}}O� //--��of'boy••Par Book 6 L 0 ',' \\ )17 / al Paq.506. \ ye Z \ \' �I Q /fir \ AID . (.9 7p'j\\ \\ ,, o Q k \\\ \\� 1 O O I (, t z $ G :••.k "'7\\,�\\ LOT A of RE-2978 z \\' \\ MOAPoi I I } R —el Ill g CA'..•CA ••...s. - - - -0---- .\\,.- - t'l I purr,..ood R to of I z $ Area of Right of Way to be vacated. �( h--Iooatian and Right of way. Due to location of lake. (ABRAMS LAKE) I I Q + � a $ I 199 tb co $D cc V F, CO It II 1 —It d i 8 I J O h a, 9 I 2i s SHt CC 9 i S.W. Corner I $eciioComer 8 X68 ' r4N Row I Irl Q F I Lef6etE section s-4-68 I Found No.d Rebar 1/4 I 1Y 3 6 Found 2'inn Pipe unknown)with I (length Linkmen)with 3-1/4 Aluminum 1664 O S"sill r1/ar10,W M 9io Shown: I MarkW A.Shoe= (6 n4a 0 1— �1 Point of Beginning L _E 8 -�• —— — — ——�S66'501STW —— —2441..4' —— —— — — N89'59'15°E a 30.05' \.... .1 `rneme, OMAN BY: TSC NORTH peg=FM APPROVED EM— 3 WEST EAST DATE 7-29-2015 SCALE: 1'-200' SOUTH PROJECT NO.: HORIZONTAL SCALE:NOT TO SCALE P-4672 Linear Unite Wed for thin survey—U.S.Sentry Feet SHEET OF t 1 1 1 CAGGIANO RIGHT OF WAY VACATION EXHIBIT MAP N f0 L al V C d 0 CO V IC eV N aJ co L u M m en e'A M el ei rl rl eel � li NI 0OO0 0O0 0000 COOO C0OO C •O. Ri L'0 S. a'O • ar CO IV ufinO o u v u 0 'c N 0 0 0 0 0 ix : ix 0 umm mm m a. +° L a. cu loo — C C c 01 !i rl r'l 0 a4 °Q CO la ° c g ° ° ° c w +. ; UZZZ °G 92 aT a) tri v) u O O O z 0 >' u u u z a c N ead = it, .-I a it p V +; 6, in vie ric)r N u t+ 0 in O Tr Q N N N r. I- J 7 O >. 4 CO v. U) c 0 M e0 . m CZ w 413 J F' Lego in J J ›- er CG a o J N d o 's D' E Q W L7 > uo al v w ZZ ~ 0 OG Zr u 7 co a Q 1= "l — 'a eo Q en O — m - J Q d "o N v a OMgm 5 2 3 as ) � c Q = J � Q O O 0 Z v v w 0 W c ci. L 01 Z N °!f 9 O QQ6 " 07 tea, °J Q U o W . Z 11 (14 co eti Y .0 e 'N^ 4, c0 a ec cc IDZEQ C.) � ,as a, ��ill ZF- 0 - � _) U _ i e10 0 er 0 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: \V One original application form V 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 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 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. 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): A n -, ��erre,�!0, �du7Xf r NPA•Cr £ r 6, 1wr✓1/ diA40.�-s./, gew4, 6,8 DP 7th 64'P.M., CDPIA/TYDP CBL0.24ao, PETITIONER OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: 744 cA4444m0 Work Phone# r/6-3M—D96t Home Phone# Email Address Tu 440.4* aL.eM Address: /ys/#4Y1e/!.,/c, I.A4/40 City/State/ZipCode GO/IM,I-4L i /+Ve ✓✓,eK //725 LIST ALL ADJACENT LANDOWNERS (if additional space is required,attach an additional sheet): Name: Address: Parcel: SEE A-7,AG41E! EXN1at r- APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: /M'-e.e/GLC L4v9 114,24,11,i4p, /A/e CO: WYE STEV/CE[. we Tiptoe C,IiI- % Work Phone# 97o-66 9-ot/i F ie Phone# 17e-635-9775 Email Address Srevc./oS@62w6snwrieo A./ 7 Address: /3e/ A terN CCEWWWS*VD AV,iv4F Mg)!/Gl@Ql sfo/'rce.iIEr City/State/ZipCode LOVE .4 V), Com,Q4A6 gom 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: 77* ,P/4lfTOF AMY GN,Pa2FAtaY 60- , nd#4r L L'E. z-.z5AosSiikters TAZ& atikif7Pf 6P (JgT bo 7 (,I/ 111 LSE DISTRICTS School: ,e2 J - GDVEe,vO Fire: iOrATIBuo 4'1t Post Office: erar7iou,D, COAPie,~ 8.9575 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: 44R/ 4fo t#j46(/7Y ** **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. l (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 -r of au 'r ion from ail fee owners must be included with the application. If a corporation is the fee • _ , n a ` =• evi•-rice must be includ-• indi tin the signatory has the legal authority to sign for the n. srzli Sig ® ner o '•rizeci : := Da e �`3 Signature: r rr Aud Agent Date r� 9 e g 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 adjacent landowners pursuant to State law . way will vest with the 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 •,ns, a letter of authorization from all fee owners must be included with the application. If a corporation is the f o ner, notariz-d evidence must be included indicating the si natory has the I a�rity to signfor the Signature: Owner or Authorize• gent Date Signature: Owner or Authorized Agent Date Affirmation By submitting this application, all undersigned Petitioners understand and agree that the Board of County Commissioners may approve or deny the petition in whole or in part; reserve any and all current utilities, easements, and other encumbrances currently existing on the right of way; impose other provisions as the Board deems appropriate. Petitioner(s)agree to abide by the Board's resolution vacating the right of way, and to pay for all costs associated with the vacation, including publication, notice, and recording the resolution with the Weld County Clerk and Recorder. Petitioner(s) affirm that they have complied with Article VII of Chapter 17 of the Weld County Code, and with Article 3 of Title 42 of the Colorado Revised Statutes. Petitioner(s) understand that title to any vacated right of way will vest with the adjacent landowners pursuant to State law. We, the undersigned citizens and real property owners of Weld County, Colorado,hereby petition that the road right of way described herein be declared abandoned and vacated by Weld County. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating t s' o as the legal authority to sign for the corporation. L-11 4.io.'y4.20 .112 Signature: w r er or Authorized Agent Date Si ature: Owner or Authorized Agent Date Affirmation By submitting this application, all undersigned Petitioners understand and agree that the Board of County Commissioners may approve or deny the petition in whole or in part; reserve any and all current utilities, easements, and other encumbrances currently existing on the right of way; impose other provisions as the Board deems appropriate. Petitioner(s)agree to abide by the Board's resolution vacating the right of way, and to pay for all costs associated with the vacation, including publication, notice, and recording the resolution with the Weld County Clerk and Recorder. Petitioner(s) affirm that they have complied with Article VII of Chapter 17 of the Weld County Code, and with Article 3 of Title 42 of the Colorado Revised Statutes. Petitioner(s) understand that title to any vacated right of way will vest with the adjacent landowners pursuant to State law. We, the undersigned citizens and real property owners of Weld County, Colorado, hereby petition that the road right of way described herein be declared abandoned and vacated by Weld County. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. If an Authorized Agent signs a letter of authorization from all fee owners must be included with the application. If a corporation is the fee ow er, ota' d 'dence mu t be included indicating the signatory has the legal authority to sign for the corporatio G Signature: Owner or Authorized Agent Dat Signature: Owner or Authorized Agent Date Affirmation By submitting this application, all undersigned Petitioners understand and agree that the Board of County Commissioners may approve or deny the petition in whole or in part; reserve any and all current utilities, easements,and other encumbrances currently existing on the right of way; impose other provisions as the Board deems appropriate. Petitioner(s)agree to abide by the Board's resolution vacating the right of way, and to pay for all costs associated with the vacation, including publication, notice, and recording the resolution with the Weld County Clerk and Recorder. Petitioner(s) affirm that they have complied with Article VII of Chapter 17 of the Weld County Code, and with Article 3 of Title 42 of the Colorado Revised Statutes. Petitioner(s) understand that title to any vacated right of way will vest with the adjacent landowners pursuant to State law. We, the undersigned citizens and real property owners of Weld County, Colorado, hereby petition that the road right of way described herein be declared abandoned and vacated by Weld County. I (We) hereby depose and state under penalties of perjury that al! 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 ow , notariz e idence must be included indicating the signatory s e legal authority to sign for the corporation. 4 42°15 /5 's Signature:-Owner or A th rized Agent Date Signatu e: wner or Authorized Agent Date ill AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: Lore . ercog.ED EuE' f'noA/ k. /06/-e6-3RE-5/S7 130iA/!, A- ,enaN®t Anirwewor RUA I aF atfr744,1 6 Iro wm-1s>! ,1 /140-,171 /2.4,4/4& 68 rs/or 61-Rtif. Gov't dts/Ar Aie-xa, 5rAvr . 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 (V1le) hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted w'th or contained within the p tion are true and correct to the best of my(our)knowledge. J` ignature Signature 7Da7 Signature Date 13 /S- Intermill Land Surveying 1301 N. Cleveland Ave. Loveland, Colorado 80537 (970)669-0516 Fax: (970)635-9775 E-mail: intermill@gwestoffice.net AFFECTED PROPERTY OWNERS: (adjacent to right of way) A. Parcel No. 106106300093 Dennis and Christine Dostal 23179 County Road 1 Berthoud, Colorado 80513 B. Parcel No. 106106300005 James and Elizabeth Birdsall 23111 County Road 1 Berthoud, Colorado 80513 C. Parcel No. 106106300004 Ivan and Viola Birdsall 23023 County Road 1 Berthoud, Colorado 80513 D. Parcel No. 106106000082 Jackson Family Residuary Trust 67 County Road 48 Berthoud, Colorado 80513 \\HAL\prj\toby\P-4572-Mayo\ROW VACATION\Weld-APO-List.doc' 8 DEPARTMENT OF PLANNING SERVICES 111 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 COLORADO FAX: (970) 304-6498 AUTHORIZATION FORM I tpVG OftiV40. m T 6vC#//c,PZ represent1011 AS `z- liS C466-1Ar4or the property (Agent/Applicant) (Owner) located At / tWe 40-o fNJre5YigGlAsereg OA. • LEGAL DESCRIPTION: SEC 6 TINN Iii/ RNG 68 SUBDIVISION NAME: LOT BLK AWL Ot4F--•//4e62 rcw .Atr-r- I can be contacted at the following phone#`s: .klame TBY4he&A, a 'icxy4r-- Work 970-66q-65,6 Fax# ?'78-635'-977 The property owner can be contacted at the following phone#'s Home 63 /- 411 - 750Y Work SIB —3/ 1 -- o- 6 Fax# Correspondence mailed to(only one): ® Agent/Applicant ❑ Property Owner ©ATE OWNER'S SIGNATURE Intermill Land Surveying Ok 1301 N. Cleveland Ave. r _, Loveland, Colorado 80537 �al1 " ,\ (970)669-0516 I �� Fax: (970)635-9775 E-mail: intermill@gwestoffice.net April 10, 2015 RE: Weld County Petition to Vacate Right of Way To Whom It May Concern; Tom Caggiano would like to vacate a portion of Weld County Road 1 that runs through a lake located in the Southwest Quarter of Section 6, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. The portion of the right of way located within the boundary of Larimer County has already been vacated. Please find attached the commissioners minutes of said action. The actual location of Weld County Road 1 has been shifted to the East to avoid the lake. Impacts to adjacent property owners is expected to be minimal. Please contact us with any questions or concerns. Thanks, Tob lders ' . .-Z Project oordinator \\HAL\prj\toby\P-4572-Mayo\ROW VACATION\Weld-ROW-VACATION-description.doc BIRDSALL ELIZABETH S BIRDSALL IVAN P BIRDSALL IVAN P 23023 COUNTY ROAD 1 BERTHOUD,CO 805139114 BIRDSALL JAMES I BIRDSALL VIOLA BIRDSALL VIOLA J 23111 COUNTY LINE RD BERTHOUD,CO 80513 DOSTAL CHRISTINE DOSTAL DENNIS JACKSON FAMILY RESIDUARY TRUST 23179 COUNTY ROAD 1 BERTHOUD,CO 805139114 JACKSON GREGORY DEAN(BN) JACKSON SARA CHRISTINE(BN) KOLM JAMES G 67 COUNTY ROAD 48 23426 COUNTY ROAD 1 BERTHOUD,CO 805139134 BERTHOUD,CO 805139155 KOLM MELISSA JO MAYO CAROL A TRUSTEE MAYO DAVID W 23226 COUNTY ROAD 1 BERTHOUD,CO 805139114 MAYO JUANITA D MAYO MICHAEL D MAYO MICHAEL D TRUSTEE 23188 COUNTY ROAD 1 23188 COUNTY ROAD 1 BERTHOUD,CO 805139114 BERTHOUD,CO 805139114 LAR1MER COMMUNITY DEVELOPMENT DIVISION COUNTY P.O.Box 1190 Fort Collins,Colorado 80522-1190 Planning(970)498-7683 Building(970)498-7700 Planning Fax(970)498-7711 Building Fax(970)498-7667 E:,E N+.t http://www.larimer.org/planning Tuesday,April 07,2015 MAYO,MICHAEL 23188 COUNTY ROAD 1 BERTHOUD CO 80513 Dear Applicant: Your application for COUNTY ROAD 1 ROW VACATION(15-S3280)was heard before the Larimer County Board of Commissioners on Monday,March 23, 2015. At the hearing,the Board of Commissioners approved your application. A copy of the official record of the Board of Commissioners action is attached for your information. If you have questions regarding your application or need further assistance,please contact Rob Helmick, Senior Planner, at 970-498-7682 or rhelmick@larimer.org. Respectfully, Larimer County Planning Department PC: FILE 15-S3280 LABORDE MADALENE F INTERMILL LAND SURVEYING CHILDERS, TOBY MAYO,MICHAEL MINUTES OF THE BOARD OF COUNTY COMMISSIONERS Monday,March 23,2015 LAND USE HEARING The Board of County Commissioners met at 3:00 p.m.with Rob Helmick,Senior Planner. Chair Gaiter presided and Commissioner Donnelly was present. Also present were:Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department;Jeannine Haag, County Attorney's Office; and Gael Cookman, Deputy Clerk. Chair Gaiter opened the hearing with the Pledge of Allegiance. Chair Gaiter noted that there were two items on consent,which would not be discussed unless requested to do so by the Board,staff,or members of the audience. A member of the audience requested item number 2,the Overland Ponds Special Review Time Extension, be pulled from the consent agenda for discussion. Item 1 remained on consent: 1. COUNTY ROAD 1 RIGHT OF WAY VACATION,FILE#15-S3280:The applicant proposes that the County vacate the historic ROW for County Road 1 north of County Road 12. The alignment of the road as shown in an historic document has a direct N/S alignment. The road veers into Weld County to avoid Abrams Lake and the intersection CR 12 is approximately 750 feet into Weld County. The road ROW is unused from the point that it moves to the east north of the lake to the intersection point with CR 12. The applicant proposes vacation of the unused section of 30 ROW. Other review agency comments: Utility providers have not noted any issue with this request. Summary and conclusions: The ROW does not provide access, is not currently utilized,and does not connect to the public ways. No individual or agency has commented with a concern or issue. Therefore,the Development Services Team recommends approval of the County Road 1 ROW vacation subject to the following condition: 1. The vacation of the easement shall be finalized at such time as the findings and resolution of the County Commissioners are recorded. MOTION Commissioner Donnelly moved that the Board of County Commissioners approved the consent agenda, as amended and outlined above. Motion carried 2-0. . - �� . - ;° �.y 4 ,�� :. —. �. . ,.� ��,.-. �',�'. � iy�.� r } :� , . . � • ��yN) ( '�y, 4J F Y � � �` I�.L� l� S�'�.��6C`4 . . . B� � . ^ •� • � • • • , � �� • ^ lI`�Ty C� ::� .,�� . ��'i� �v��`` J .} �' + ��m.�-�+T� V Y� � P~�� wdOP � e � ♦ � i' t��laM � . l I • �� V Y� / l lA � �- , ;� � +r aa , w'!_ •._�+,� . 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' i .+�. � 1 � I �a R.Y �• ` � f � � ` � � ' � il R' ��•�1 fK�� 1� • '}�`1 � . � � . �.� 1 �' . � � � l. }• I , 1 ¢ • ' * \ Y � ,� Y • � � .. I �I I A � � ` .. � ♦ • , ' ^ ' , . �� . ` ` .��' 2..' . � �- . . _ k �J e c� - . _ .\ . � � J . F � ` \I i , e, � M _ � ,� mY � . ... � iY �S � � _ • { ♦ •` � I � . 5 � � O � N � l '1 c � r y_ •12��,'e��T'," "c5er. }r.. .a. `r.}_ _ YK�Y �.�Jv�n . . r4 . � �� . I ' .i * � �) - . _ i :. �� '::K - • ' ' I \ � ' i ' . _ .:� .._ , z� .;, , � . . ..�. � � �Q DATE ,,,, —Act 15- NO. g 81 5 4 © RECEIPT . �d o m . M RECEIVED FROMd(ttumJLL ` U ' ADDRESS lell $ Sna.ao p too O 2 FOR I/483 � � dill °d B tw. w w 4 1r Rafaela Martinez From: Michelle Martin Sent: Thursday, June 11, 2015 6:07 PM To: Rafaela Martinez; Richard Hastings; Tom Parko Jr.; Brad Yatabe Subject: RE: Petition for Vacation of Road, Street, or Alley Right-of-Way-Intermill Land Surveying, Inc. Hi Rafaela, The Planning Department does not have any concerns with the proposed Petition at this time. 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)353-6100 x 3540 FAX: (970)304-6498 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. From: Rafaela Martinez Sent: Friday, June 05, 2015 1:03 PM To: Richard Hastings; Michelle Martin; Tom Parko Jr.; Brad Yatabe Subject: Petition for Vacation of Road, Street, or Alley Right-of-Way- Intermill Land Surveying, Inc. Hello, Please find the attached Petition file for your review. The Staff Referrals are due by Monday, June 22, 2015 If you could please respond to me with your referral as well as any other questions or concerns. 1 If you need anything else please don't hesitate to contact me. Thank you, Rgfaela./l. Jrlartinez Deputy Clerk to the Board 1150 O Street)P.O. Box 758(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 Rafaela Martinez From: Richard Hastings Sent: Friday, July 10, 2015 3:36 PM To: Rafaela Martinez Subject: RE: Tom Caging Rafaela, Public Works has no concerns with this request for Vacation of Right-of-Way in the associated area of CR's 1&48. Sincerely, 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 gal viz 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: Friday, July 10, 2015 2:57 PM To: Richard Hastings Subject: Tom Caging Hello, Please find the attached file(s) for your review. If you need anything else please don't hesitate to contact me. Thank you, 1 lafaela✓l. Martinez Deputy Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970)336-7215 X5226 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. 2 Rafaela Martinez From: toby.ils@gwestoffice.net Sent: Tuesday, August 04, 2015 7:43 AM To: Rafaela Martinez Cc: Steve with Intermill Land Surveying; Esther Gesick Subject: Re: Right-of-Way Vacation Request -Tom Caggiano Rafaela, Wednesday August 19 at 9:00 am should work for us. Please let us know if you have any questions. Thanks, Toby Childers Intermill Land Surveying, Inc. 1301 North Cleveland Avenue Loveland, CO 80537 Phone: (970) 669-0516 Fax: (970) 635-9775 Email: toby.ils@qwestoffice.net Company Email: intermill@gwestoffice.net NOTICE: USE OF THIS ELECTRONIC MEDIA BY ANYONE OTHER THAN INTERMILL LAND SURVEYING, INC SHALL BE AT THE SOLE RISK OF SUCH USER AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO INTERMILL LAND SURVEYING, INC. BY SAVING THESE FILE(S), USER ACCEPTS RESPONSIBILITY FOR THIS ELECTRONIC MEDIA From: Rafaela Martinez Sent: Monday, August 03, 2015 2:50 PM To: toby.ils@gwestoffice.net Cc: Steve with Intermill Land Surveying ; Esther Gesick Subject: RE: Right-of-Way Vacation Request- Tom Caggiano Steve and Toby, Thank you so much! I can now go ahead and set this for hearing and process Notice for Surrounding Property Owners. This item can go on any Monday or Wednesday Agenda for the County Commissioners. If you are agreeable, we can schedule this item for Wednesday, August 19, 2015 at 9:00 am,here at the Weld County Administration Building (1150 "O" St, Greeley 80632). We will have 2 Commissioner's out but with the other 3,there will be a quorum to hear this item. 1 Please let me know right away if this date is not available on your schedule. Thank you! Rafaela A. Martinez Deputy Clerk to the Board 1150 O StreetIP.O. Box 758 Greeley, CO 80632 tel: (970) 336-7215 X5226 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. From: toby.ils@gwestoffice.net [mailto:toby.ils@gwestoffice.net] Sent: Monday, August 03, 2015 2:41 PM To: Rafaela Martinez Cc: Steve with Intermill Land Surveying Subject: Re: Right-of-Way Vacation Request-Tom Caggiano Rafaela, Please find attached the exhibit map and legal description for the ROW vacation. Let us know if you have any questions. Thanks, 2 imilimmomminmoimumisommommumummimomminmomml Toby Childers Intermill Land Surveying, Inc. 1301 North Cleveland Avenue Loveland, CO 80537 Phone: (970) 669-0516 Fax: (970) 635-9775 Email: tobv.ils(a?,gwestoffice.net Company Email: intermillagwestoffice.net NOTICE: USE OF THIS ELECTRONIC MEDIA BY ANYONE OTHER THAN INTERMILL LAND SURVEYING, INC SHALL BE AT THE SOLE RISK OF SUCH USER AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO INTERMILL LAND SURVEYING, INC. BY SAVING THESE FILE(S), USER ACCEPTS RESPONSIBILITY FOR THIS ELECTRONIC MEDIA From: Rafaela Martinez Sent: Friday, July 24, 2015 11:49 AM To: steve.ils(a gwestoffice.net ; toby.ils@gwestoffice.net Cc: Esther Gesick Subject: Right-of-Way Vacation Request- Tom Caggiano Good Morning Gentleman, The Weld County Clerk to the Board's Office is in need of one final item prior to getting this item ready for our County Commissioner's Agenda. Pease see the attached document as an example of what it is that we need. Since this Request is such an unusual one, we will need you to provide a detailed legal description along with a map depicting the Right-of-Way that is to be vacated. Please let me know if you have any questions or concerns. Thank you, 3 Rafaela A. Martinez Deputy Clerk to the Board 1150 O StreetIP.O. Box 758IGreeley, CO 80632 tel: (970) 336-7215 X5226 Iftives fi r F 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: Daniel Holmes Sent: Friday, July 24, 2015 7:33 AM To: Rafaela Martinez Subject: koch ave. vacation Rafaela, Here are the legal descriptions for Koch Ave. Let me know if you have any questions Dan Holmes PLS Weld County Public Works, Survey Tech 1111 H Street Greeley, Colorado 80632 4 (970) 304-6496 ex3735 Fax(970) 304-6497 E-mail- dholmes@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 5 Hello