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Home My WebLink About20142222.tiff RESOLUTION RE: ACTION OF THE BOARD REGARDING PETITION TO VACATE A PORTION OF COUNTY ROAD 21 BETWEEN COUNTY ROADS 98 AND 100 - JIM BARNES 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 Jim Barnes, 2862 Deming Blvd, Cheyenne, WY, 82001 a copy of said petition being attached hereto and included by reference, requesting vacation of a portion of right-of-way for County Road 21 between County Roads 98 and 100, being more fully described as follows: between the northern edge of the right-of-way for Weld County Road 98, extending to the southern edge of the right-of-way for Weld County Road 100, such right-of-way consisting of 30 feet of non-maintained right-of-way along the entire east side of Section 34, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado. WHEREAS, the County Attorney's Office and Departments of Public Works have recommended denial of said request since that portion of right-of-way is needed for the safety and welfare of the traveling public, 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 leave 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 deny said vacation of a portion of road right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from Jim Barnes be, and hereby is, denied. CZ: pc(mm,-rP)PU. -1),Awl,.,GIs(im') 8 -5-204 2014-2222 EG0070 RE: VACATION OF CR 21 BETWEEN CR 98 AND CR 100-JIM BARNES PAGE 2 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., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: lcsJ �Gyh }ply � Igs Rade her, Chair Weld County Clerk to the Board •A�� Eta Barbara Kirk eyer, Pro-Tem BY: •� ty Clerk to the ar• :;, /' EXCUSED 1 ' ILSV Sean P. Conway APP VED OR •`® °��I 'Y;Q• Jut- ti - Mike F County Attorney m arcia Date of signature: €/y!)7 2014-2222 EG0070 PETITION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY DESCRIPTION OF RIGHT-OF-WAY (include general description asD well r�as Section,Township, Range): C $ n No n..1 Tc t•..e ei uok rv✓•"4 6�" or4 befu�ve' i•QC 0. Q��(/ t icR io0. Sec. PETITIONER OF THE,PROPERTY (If additional space is required, attach an additional sheet) Name: :T,.. nnlw S E Work Phone#97D 5f57-)fl Home Phone# 302 -632-6d` mail Address Z Address: 41 4,2 Ann I I% Ri✓-/. City/State/ZipCode (ler t..e t w'i' 102007 LIST ALL ADJACENT NDOWNERS (if additional space is required,attach an additional sheet): Name: Tire- dAtucs Address: VP/ WC R 100 - Mvvt ' goLfl Parcel: t(Asf sideor 3`�J 9 •6.-30 Ff, of 'Ai of 1,44.4. j Co, ,5ec/rnmi .37 Pa{eiuf oa+e . PI D (/ APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: Ti ye*. 6sfRwfS Work Phone#170- 71-137'?Home Phone# 3(S' (a(oN,LEmail Address__ Address: o7Tila Qrw.t.�q RA��• City/State/ZipCode (Xe-)en"iv- '32O:4 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: NO ru C 'C R. �eFi cwS aJ.g ' t Jac /06c LKrg �- DISTRICTS 69q6 `C , 37'76 , 0< School: Wel,rY CovwI y 1 I c 4 37.?7 Fire: AluAnd RFD o kid. 14574 Post Office: / /utvv t CO Sob`i 1r S JURISDICTION Vi This right of way is located exclusively within the unincorpc J I !yam [ ] This right of way forms a boundary with another county, stt **A public right of way that borders another jurisdiction may not be vacated without the ap and the governing body of the other jurisdiction. 2014-2222 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: n (pod"- CO 3i- 9 - G7 We/� , 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. 5 .-l-l VSi1/4' ture Date Signature Date Signature Date PAGE 9 2013-[Document Number] ORD2013-14 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- /- /41 Signatur . wner or Authorized Agent Date Signature: Owner or Authorized Agent Date r une 20, 2014 Brad Yatabe ecitell Assistant Weld County Attorney P. O. Box 738 44 ?4 am g Greeley, Colorado 80632 Dear Brad: This letter is to inform you that I wish to give my son,James Barnes,the authority to pursue the vacation petition for the right-of-way on property I own in Weld County. Property involved in this petition identified by parcel number is: Northernmost parcel adjacent to WCR 100 #045334100016 Parcel south of and adjacent to the above parcel #045334100017 Quarter section south of above two parcels #045334400001 Thank you for your assistance in this matter. Sincerely, Shirley L. Barnes RECEIPT DATE 6/8fiq Ho. 87560 . v RECEIVED FROM ArA Z.I.A.ADS om 8 ADDRESS '^ . � .� �� •• __ --'' nnlI,,�yy__ ,,-- �1 ��J Z• d O �ty�5�1l lAA1SJ/I.C./� IUM bLIA/ c�aald� '� /tee --� $ al uir Y m d>,.. FOR �"OW NppIIC141.�,v U �1 a C9 HOW PAID:. 914 .J GfH 88 oar f a,) BY F aa" ,' ROW LINE SECTION LINE V//A = MAINTAINED ROW = NOT MAINTAINED ROW WCR 100 60' ROW /77. . 71/2L.14 . • -27; . :Z. -137ZZ4771/1Z .■ k I I • BARNES i i Ai, . . a 35 . 60' ROW 30' ROW /' ti r� S • � i i . I I Ql �/ 60' ROW i p60' ROW i r-I • WCR 98 • $ 1 1- i /l(r i -1- GESICK • . i I 30' ROW �- /1111)/ 3 i • v2 , 2/-,A,. i i • I A/ lass �•, Es-- 3O' ROW I r• WEI.D000NTY DEPARTMENT 60' ROW • -Nis- • OF PUBLIC WORKS r I I Z477._ • -.L41-Z 4 lJ/fir4 .LL/7 ■ 477 / / • /J,,['/ . WCR 96 JJ 74/- * WCR 98 WAS PETITIONED FOR AND GRANTED IN 1918 . * NO PETITION TO VACATE WCR 98 FOUND . *THERE IS 30 ' OF additional ROW IN SECTIONS 2 & 34, DUE TO PATENT DATES . *THERE IS NO additional ROW IN SECTIONS 35 & 3 DUE TO THE FACT THAT THEY ARE RAILROAD SECTIONS . • a a somev - is `s MARTINEZ PAULA li ft. t+ VARRA THOMAS E VARRA THOMAS E '".- 1, HEDIGER RANDOLPH FREDERICK ,, #-. . ' . , . CRAIG ANGELA DLnll GREGORY .- .-0,40 Are inionaaws. _.‘ z----a r -,, ` _... ..,.r.,,_.,.....,._.... Cr- ._ .-J • BARNES SHIRLEY L (50%) ° I- BARNES SHIRLEY L (50%) i 4 BARNES JAMES L POWERTECH (USA) INCMCWILLIAMS SUZANNE L REVOCABLE TRUSIa BARNES JAMES LOREN DYNASTY TRUST ( 1/3%) 34 35 COLORADO STATE OF 36 BARNES SHIRLEY L HANKINS ELMER A III . eft s . GESICK TYLER,B C TIBGOEL VICKI J "+ v :,� • '. , : . .ENKE TAANJIA 2 . _, 3ROCKY MOUNTAIN ENE ( CO ENNS R MARK, . .' «.•- RY ALI . REED RUSSELL T -. - KR•UT *.OUG S . LI :1 TRUST el BROCICH �a,g_M 'Y.. • •• - ": )VAK RICK ATILLOTSON JOHN - ' ,.w47- 7-.: . ;: 10000111G�,RK STEVEN KAYSEN BRETT LEE • BERRY ALLISON L ec TU ANTHONY HOBART JUDITH ANN TEDESCO LEE DEDQL)IST LORI .ANNE MARL. i i t ROCKY MOUNTAIN ENERGY CO µ `-- rAM AR DWAYNE W HOBART JUDITH AN1� i r, 1 2 . ....... • . ..,....., .r . . . i ., BROWN EDWARD ROBERT HESS TROY - BODE GAYLAND .:34,t-ii., ft)YELLS FARGO BANK NA '- c. . . . U ANHEUSER-BUSCH INC PRUETT JENNIS L RC LAND INC RC LAND INC POWERTECH (USA) INC . f(I. r ,^ • { ESH PAUL S VARRA-THOMAS E N VARRA THOMAS E ., ti + ' t: , y y E - = CR100 '{ ), WC R 100 •.,. 100 ` ,. BARNES SHIRLEY L (50% • 1 • BARNES SHIRLEY L (; )%) SMITH LATHROP P III (BN) • • BARNES JAMES LBARNES JAMES LOREN DYNASTY TRUST (1/3) `' ERTECH (USA) INCMCWILLIAMS SUZANNE L REVOCABLE TR BARNES JAMES LOREN DYNAST I b4'r ‘ .° • ..- . - . . 'W " i )ALRYMPLE MICHAEL R -- " ,; ' Barnes Agreement _ , • 3ULLI\ AN REBECCA L - . .1-1c,, • '4- I% Illi' t. . 3ABLE JAMES V . .v,9 BARNES JAMES LORE . DYNASTY TRUST - BARNES SHIRLEY L - HANKINS ELMER A III ' , :4 Y y a ;+ a -y * �. NALSTON RICHARD L ilk e , — . iiimrs . ppm, 1 ? . • t P ., ti 1 GESICk TYLER B IIISP.t , .:... Gesick Agreement !g.• . *.� TIBBOEL VICKI J _• i , .,/ t 4 , _ y1% t 4 - '�ENKETAAN::: 8 ROCKY MOUNTAIN ENERGY CO t4,; rip b• + DAMES L .44 ty % , , as ENNS R MARK ... �,,. REED RUSSELL T 4914 ' 1)! c KROUT DOUGLAS D LIVING TRI te lir x f BROCKSHUS MARY } ~ • � ,_ Pelt. NOVAK RICK A TILLOTSON JOHN S .. _____.....sr. . - - - - i. t CR 96 SHINE MARK STEVI•- .. h OCR. . - lisillaill i 4- • . 'N. , - _ ' ROCKY MOUNTAIN ENERGY CO ESH PAUL S HOBART JUDITH ANN HOBART JUDITH ANN N *Mitt , * • 4. .•-• r s • _ Tr r !* • rya •r - • • ' 1.114 • - 1. ••• 2014 Barnes ROW Vacation Petition : • litir- • * o Powertech Parcel Access Question r ♦ •' y ' j - Cr . r I IIf - �, _ . - .• 4 - • . � ' '- c . ' r ' VASRA THOMAS `N VARRA THOMAS E 1 • il s. t. Apparent private access point into Powertech Parcel from CR 100 Air ' 4 41.4 re N. ,- I ill; 9fY R• a-..-• l •�, 1r-. •_ r, t 1 .. t•••. 41, sit • •• di•111.1- ' � _ ^ +- .r •47 .� • • � . 4{r.'�• - 1 . • •• r l * .1� .�f •`>t•• - ` , �- • _ • 1 W. -•r a .i • .r-. - 'vim . . -.• • - • .gall .'-ter �1 ss _ : yc� c & t 0,...":-tea, - t f• M bike• -.•r.• •� h•-"� " . '«. ♦' O .1. - • h.. -allr •... WitPOS" - 40y. 'lir ••• . •y Y♦. .. • I . -•• .«. ( - . S. -r - T .r. - _a . , -k -• . - - �.•,• , .,•�., -- . • t-.!' - _ aM. •:--- • - "--.. - ; -, _ `' • ••/- d -• •' - 't . '- .a .t�.• o• • -• - •• ., - . 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CR 21 NELA ROW Access, Taken from CR 100 Lookin : South at Section Line Monument Box 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: July 23, 2014 TIME: 9:00 a.m. APPLICANT: JIM BARNES 2862 DEMING BLVD. CHEYENNE, WY 82001 REQUEST: Petition to Vacate a portion of County Road 21 between County Roads 98 and 100, subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: The public road right-of-way lying 1 mile off of the 30' section line, unmaintained ROW, between the east edge of Sections 34 and 35 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 30, 2014 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, NO14-ROW Jim Barnes, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. See attached list. DATED this 30th day of June, 2014. Jim Barnes 2862 Deming Blvd Cheyenne, WY 82001 De Clerk t0 the Board WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE-ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. • Signatur 430/PI Date Property Owners Within 500 ft. of Parcel# 045334100018 Account Parcel Owner Mailing Address N0320986 045335000002 ANADARKO LAND CORP ATTN TRAVIS HOLLAND PO BOX 173779 DENVER CO 802173779 R2173303 045334100016 BARNES JAMES LOREN DYNASTY TRUST R2173403 045334100017 BARNES JAMES LOREN DYNASTY TRUST R3278404 045334300002 BARNES JAMES LOREN C/O PAUL J KENNY DYNASTY TRUST 19 OLD TOWN SQ STE 238 FORT COLLINS CO 805242486 R2173503 045334100018 BARNES JAMES LOREN C/O PAUL J KENNY DYNASTY TRUST(1/3%) 19 OLD TOWN SQ STE 238 FORT COLLINS CO 805242486 R2649003 045334200020 BARNES JAMES LOREN C/O PAUL J KENNY DYNASTY TRUST(1/3) 19 OLD TOWN SQ STE 238 FORT COLLINS CO 805242486 R2173303 045334100016 BARNES ROGER ALAN DYNASTY TRUST R2173403 045334100017 BARNES ROGER ALAN DYNASTY TRUST R2173503 045334100018 BARNES ROGER ALAN 1/3 INT DYNASTY TRUST R2649003 045334200020 BARNES ROGER ALAN 1/3 INT DYNASTY TRUST R3278404 045334300002 BARNES ROGER ALAN DYNASTY TRUST R3278504 045334400001 BARNES SHIRLEY L 4750 PLEASANT OAK DR UNIT 303 FORT COLLINS CO 805253735 R2173303 045334100016 BARNES SHIRLEY L (50%) 4750 PLEASANT OAK DR UNIT 303 FORT COLLINS CO 805253735 R2173403 045334100017 , BARNES SHIRLEY L (50%) 4750 PLEASANT OAK DR UNIT 303 FORT COLLINS CO 805253735 Account Parcel Owner Mailing Address R2173303 045334100016 BARNES WILLAIM RICHARD DYNASTY TRUST R2173403 045334100017 BARNES WILLIAM RICHARD DYNASTY TRUST R2173503 045334100018 BARNES WILLIAM RICHARD 1/3 INT DYNASTY TRUST R2649003 045334200020 BARNES WILLIAM RICHARD 1/3 INT DYNASTY TRUST R3278404 045334300002 BARNES WILLIAM RICHARD • • DYNASTY TRUST R0320886 045335000002 EVANS JONI I R0320886 045335000002 EVANS PAULDEN C TRUSTEES OF PAULDEN &JONI EVANS • TRUST • R0320886 045335000002 HANKINS ELMER A III C/O JOAN K EVANS • 5195 VICTORIA AVE RIVERSIDE CA 92506-1564 R4558106 045335200004 POWERTECH (USA) INC 5575 DTC PKWY STE 140 GREENWOOD VILLAGE CO 801113012 R0317186 045327000009 VARRA DIANNA F R0317186 045327000009 VARRA THOMAS E 9080 COUNTY ROAD 102 NUNN CO 806489711 R0320886 045335000002 WALCKER CHRISTINE LOUISE MEMORANDUM TO: Clerk to the Board DATE: 06/10/2014 l�l FROM: Wayne Howard, Planning Services Richard Hastings, Public Works Department I V O U J T SUBJECT: BOCC Agenda Item: CR 21 Public Right-Of-Way Vacation Petition: Jim Barnes Background Information: Staff from Planning Services and Public Works made a field trip to the location on 5/16/14 to look at this issue. This is a summary of our findings: 1. The properties in question are located on CR 21 (unimproved section line ROW only) south of CR 100 (Paved) within T9, R67, S34. Mr. Barnes is requesting the vacation of ROW adjacent to 4 separate adjacent parcels owned by members of the Barnes family (see attached map) starting with the parcel adjacent to CR 100 and ending with the parcel to the south owned by his mother Shirley Barnes. 2. Mr. Barnes has an existing non-exclusive license agreement with the County to allow access from CR 100 south along the CR 21 Section line for '/2 mile using the west 30' as the east 30' is a RR section. (See attached map) 3. No access permit is on record at this location but a residential access does exist. 4. Mr. Barnes has submitted a petition for ROW vacation for the 1 mile of the 30' section line unmaintained ROW between along the east edge of Section 34. 5. Mr. Barnes stated to PW that a resident (Mr. Gesick) is using the access from CR 100 within the area of his non-exclusive license agreement and has constructed a gated entrance at this location. We did confirm that this does exist and the improved driveway does begin at CR 100 and continues for approx. 1 mile to Mr. Gesick's property. It appears that the first '/3 mile of the driveway would be generally located in the area of Mr. Barnes license agreement utilizing the east edge of Section 34 but the last V2 mile veers east onto property outside of the intended 30' of section line ROW of CR 21 onto Section 35 owned by Mr. Hankins. (No records could be found indicating this driveway has access across this private property)(See attached map) 6. We cannot find a record that Mr. Gesick has a non-exclusive license agreement in place in order to allow access along this section line from CR 100; however, we did find a non-exclusive license agreement with Mr. Gesick and the County for use of the C.VUsers\ramartinezVAnnDataALocalA Microsoft\WindowYVI;cmyorary Internet FilesV Content.Outlook\BBCGBZMYVCR 21 ROW Vacation Petition_ MEMO Final.docx _ Mrs 30' of unmaintained ROW along CR 21 beginning from CR 96 north 1 mile to Mr. Gesick's property utilizing the west edge of Section 2. (See attached map) 7. It appears that Mr. Gesick is using the non-county maintained CR 21 ROW from the north of his property accessing from CR 100 but has rights to use the non-county maintained CR 21 ROW from the south of his property accessing from CR 96. 8. In a conversation with Assistant County Attorney Brad Yatabe, Mr. Barnes stated that his reason for requesting the vacation of the ROW was to prevent Mr. Gesick from using the ROW to access Mr. Gesick's property. He feels that Mr. Gesick has made the ROW into his personal and exclusive driveway and that Mr. Gesick has at times locked the gate to the ROW. Additionally, Mr. Barnes believes that the gate and associated arch placed by Mr. Gesick, along with portions of the improved driveway, are encroaching on Mr. Barnes property. 9. It appears that vacating this non-county maintained CR 21 ROW could land-lock the parcel located in the southeast quarter of Section 34. Recommendation: Following review of this matter, Planning Services and Public Works cannot support the request for vacation of Public Right-Of-Way along the eastern section of T9, R67, S34 for two reasons. The first reason is that one parcel, as noted in Item 9 above, could be land-locked by the vacation. The second reason is that the vacation request is the result of a private dispute and both Public Works and Planning do not feel it is appropriate to vacate a public right-of-way as a means to resolve the issue. C:AUsers\ramartincz\AppDataV Local A Microsoft\Windows\Temporary Internet Files VContcnt.0utlook\BBCGBZMYVCR 21 ROW Vacation Petition- MEMO Final.docx .edline.docxM':ARC h-Hes..,-�onGr _._ .T...,...,E,�.�n.SalA�atiral-Fel ,.�k��. Rafaela Martinez From: Richard Hastings Sent: Tuesday, June 10, 2014 1:39 PM To: Rafaela Martinez Cc: Esther Gesick; Elizabeth Relford; Donald Carroll; Don Dunker; Michelle Martin; Wayne Howard; Brad Yatabe Subject: RE: ROW Petitions- "Barnes" and "Llarenas" ROW Petitions Rafaela, Review with staff indicates that Public Work's recommendations for the above-mentioned ROW Petitions are as follows: Barnes-Public Works does not support this request do to the fact that some adjacent property parcels could become land-locked with no public access available. Llarenas-Public Works will support this request only if it specifically indicates that a minimum 10'(foot) Utility Easement remain in place for the entire length of the associated alley. Let me know if you need further information regarding these petitions. 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 I tiir — a • r 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: Tuesday, June 10, 2014 10:46 AM To: Richard Hastings Cc: Esther Gesick Subject: RE: ROW Petitions Hi Rich, 1 Don said that you are now the person whom Petition to Vacate Road, Street or Alley right-of-ways. Attached are two Petitions that I would like to get on the agenda for the Commissioners. Could you take a look at them and let me know the recommendation from Public Works? Thanks! Rafaela.1. Martinez Deputy Clerk to the Board 1150 O Street)P.O. Box 758(Greeley, CO 80632 tel: (970)336-7215 X5226 - el • r 1 'y 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: Tuesday, June 10, 2014 8:59 AM To: Donald Carroll Cc: Esther Gesick Subject: ROW Petitions Good Morning Don, I have two ROW petitions,Jim Barnes and Cristina Llerenas, that I have not yet received recommendation from Public Works for. I would like to go ahead and get these two items of Business to the Commissioners. I have included their applications for you so you don't have to dig it all out. If you could please let me know Public Works' recommendation that would be great! Thanks so much! Rafaela.4. Martinez Deputy Clerk to the Board 1150 O Street)P.O. Box 758)Greeley, CO 80632 tel: (970)336-7215 X5226 �w r ' •f • � 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: Tom Parko Jr. Sent: Monday, May 19, 2014 7:26 AM To: Rafaela Martinez Subject: FW: Petition for Vacation of Road FYI. 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 g 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: Diana Aungst Sent: Saturday, May 17, 2014 9:48 AM To: Tom Parko Jr.; Chris Gathman; Kim Ogle; Michelle Martin; Stephen Elkins; Tiffane Johnson Subject: RE: Petition for Vacation of Road Couple of things I see that would make this a more complete application. 1. There are four parcels that will have CR 21 vacated on them. Seems we should have a 500 foot buffer report for all 4 parcels. 2. The is no rationale provided for this request. Diana Aungst, AICP, CFM Planner 11 Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-353-6100 ext. 3524 Fax: (970)304-6498 daungst@weldgov.com www.weldgov.corn 1 Q Ai ti r — I, t' r cov7 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: Tom Parko Jr. Sent: Friday, May 16, 2014 7:34 AM To: Chris Gathman; Diana Aungst; Kim Ogle; Michelle Martin; Stephen Elkins; Tiffane Johnson Subject: FW: Petition for Vacation of Road Any issues? 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 1 r ' - h t r 1 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, May 12, 2014 3:35 PM To: Donald Carroll; Tom Parko Jr.; Michelle Martin Subject: Petition for Vacation of Road Good Afternoon everyone, In accordance with the procedure for Road, Vacation and Right of Way Petitions, please review the following application and respond within 2 weeks. Your report will be used by the Board of County Commissioners in considering the Petition. PLEASE RESPOND NO LATER THAN: May 26, 2014 APPLICANT:Jim Barnes Also, Please let me know if you need anything else. 2 Rafaela Martinez From: Tom Parko Jr. Sent: Monday, May 19, 2014 7:26 AM To: Rafaela Martinez Subject: FW: Petition for Vacation of Road Tom Porko, 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 os tr . 1 r . r Art 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: Kim Ogle Sent: Friday, May 16, 2014 9:53 AM To: Tom Parko Jr. Subject: RE: Petition for Vacation of Road No issues Kim Ogle Planner Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile:970.304.6498 Y:. .1' 1 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. AThink Green .Not every email needs to be printed From: Tom Parko Jr. Sent: Friday, May 16, 2014 7:34 AM To: Chris Gathman; Diana Aungst; Kim Ogle; Michelle Martin; Stephen Elkins; Tiffane Johnson Subject: FW: Petition for Vacation of Road Any issues? 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 Vii A% +" . J r ' - - k -6 irtit; 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, May 12, 2014 3:35 PM To: Donald Carroll; Tom Parko Jr.; Michelle Martin Subject: Petition for Vacation of Road Good Afternoon everyone, In accordance with the procedure for Road, Vacation and Right of Way Petitions, please review the following application and respond within 2 weeks. Your report will be used by the Board of County Commissioners in considering the Petition. PLEASE RESPOND NO LATER THAN: May 26,2014 APPLICANT:Jim Barnes Also, Please let me know if you need anything else. Thank you, 2 Rafaela Martinez From: Brad Yatabe Sent: Friday, June 20, 2014 1:23 PM To: Rafaela Martinez Cc: Richard Hastings; Wayne Howard; Michelle Martin; Tom Parko Jr. Subject: Barnes ROW Vacation Petition Attachments: CR 21 ROW Vacation Petition-MEMO Final.docx; Barnes Map.pdf; CR 21 NELA#1 6-11-14.jpg; CR 21 NELA#2 6-11-14.jpg; CR 21 NELA#3 5-13-14.jpg Rafaela, Attached is the referral from PW and Planning along with a map and photographs. I spoke with Mr. Barnes regarding the four properties belonging to his family along which he wants the ROW to be vacated. I asked that he submit authorization from the property owners allowing him to represent them in this matter. He had his mother contact me and I asked her to write a letter of authorization. I am waiting for additional authorization from Mr. Barnes at this point and we should hold off on scheduling this case until the authorizations are received. (Rich and Wayne- I made a slight change to the memo to clarify that the petition is for 4 adjacent properties) Thanks. Brad Yatabe Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970)356-4000 ext. 4396 fax: (970)352-0242 STATEMENT OF CONFIDENTIALITY& DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. 1 Esther Gesick From: Richard Blubaugh Erblubaugh@powertechuranium.com] Sent: Thursday, July 17, 2014 8:54 AM To: Esther Gesick Cc: 'John Mays' Subject: FW: Notice regarding petition from Jim Barnes to vacate a portion of County Road 21 To Whom it May Concern: My name is Richard Blubaugh. I am the vice president of health, safety and environmental resources for Powertech (USA) Inc. whose parent company, Powertech Uranium Corp., is in the midst of a merger with Azarga Resources Inc. As you may, or may not, know, Powertech and Azarga have an economic interest in uranium resources located in Weld County. We are in receipt of the Notice dated June 30, 2014 that indicates a public hearing will be held July 23, 2014. This is a request to present comments on the subject petition at that hearing. Powertech/Azarga have valid property rights to uranium resources that have been previously identified in Sections 34 and 35. The proposed petition to vacate a portion of County Road 21 (between Sections 34 and 35) between County Roads 98 and 100,subject to dedicated and recorded easements and rights-of-way, may be contrary to an existing mining lease with S. Barnes who owns 160 acres in the SE quarter of Section 34. Powertech/Azarga also control mineral resources in Section 35. Further, this county road has been in existence for many years and we are not aware of any rationale that would justify vacating County Road 21 between County Roads 98 and 100 between Sections 34 and 35. Thank you for your consideration of this request. Richard Blubaugh Powertech (USA) Inc. VP-HS&E Resources 303-790-7528 k#-aw yearfir .,. 1 Esther Gesick From: Apryl Lagutaris [alagutaris@nat.com] Sent: Thursday, July 17, 2014 4:21 PM To: Esther Gesick Subject: vacation of County Road 21 between Road 100 and Road 98 To Whom it May Concern: My Apryl Lagutaris name is La utaris and I live with Tyler Gesick at 47793 WCR 21. I am writing in response to the requested vacation of Road 21 between road 100 and road 98.We just learned of this procedure today and we would like to respectfully object to this request. We have several reasons for objection and I'd like to list them here. 1. Tyler bought the property in 2000. He has used this portion of 21 from the beginning and we use it regularly. 2. He has always accessed his property from road 100 using road 21. His property is land-locked, so he has to use a portion of road 21 from either direction. 3. Tyler has invested a lot of money and time into maintaining this road, since its listed as an unmaintained county right-of-way. He has added thousands of dollars of road base and recycled asphalt to make it passable in all weather conditions. 4. The other access point for our house requires going down road 96,which in winter is impassable due to large snow drifts—this makes us have to go the other way, towards road 100. 5. The county has informed us that road 98 is a "papered" road and that we are allowed to use that at anytime. Unfortunately, 98 does not physically exist.There is no road there-the farmer has plowed everything up and it is impassable for a car.The drop off from 19 to 98 is so steep that you'd hit the bumper of your car. 6. Lastly, we have leased the 80 acres to the north of us at the corner of 21 and 100 from PowerTech. We have fenced this off for our cattle and they are currently there grazing for the summer. We do not have a well on that property so we truck water daily to the tank. If this portion of road 21 is vacated,we will not have a way to get water to our cows without trespassing. Thank you for your time and I hope you take our request into consideration. If you have any questions, please call me. I am available at 970-420-2394 or at the number listed below. Thank you, Apryl Lagutaris ."' Please note INCOMING funds for all cash transactions and any funds to close in excess of$25,000 must be in the form of a wire. Wiring instructions can be found in your title commitment. All cashier's checks must be made payable to North American Title Company.*** Apryl Lagutaris Escrow Officer alagutaris@nat.com Main Number: 970- 282-8800 Fax: 970-282-4453 I 1 NNlI•�r A q / I •p, ■NORTH North American AMERICAN TITLE Title Company IN COMPANY 712 Whalers Way Ike Clock wurw' Building A, Suite 100 Fort Collins, CO 80525 http://www.nat.com Think Green Please only print this email when necessary. CONFIDENTIALITY NOTICE This e-mail message and any attachments contain confidential and/or privileged information for the sole use of the intended recipient. 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If you wish to unsubscribe from any future general information mailings, please click berg. 2 Esther Gesick From: tenke@aol.com Sent: Tuesday, July 22, 2014 11:18 AM To: Esther Gesick Subject: public road right of way We are writing this email to express that we do not support Jim Barnes in his request to vacate the road on County Road 21 between County Roads 98 and 100. Thank you, Terry &Taanjia Enke t r. 1 r _ a I I I .— M1 -•..' S - •�. I5 r1 Q:Jr r v • t • K 'f1Ff 1. 4I ' v , Y,r s .zJ.i w 1 • - ' ' l . If I X11 I • • 1 1 �Tw'If�J �j1'/�j 1S4 • ,,. -. c.rL :.1,, J./'.: .r ,...t# id, s',), tih�,:4, 1 1�yCh l '• sq.fa Y �1/�� . r �� "�� r' y - 1 f� ." ` . ' 1 1. hi' M • ' EXHIBITI ---0 7 y z31 201 `f- Z.221.-- rr-- _. • .S 1 -tee • as. 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