HomeMy WebLinkAboutZOA-98-04MEMORANDUM
TO: Alan White, Planning Director
FROM: Kelly Elefant and Gerald E. Dahl
DATE: February 15, 1999
RE: Right-of-Way Vacations in the City of Wheat Ridge
ISSUE
Whether Section 26-6-(1)(1), Wheat Ridge Code of Laws, added by Council Bill 36 and
which authorizes the City to vacate streets by plat, is preempted by C.R.S. § 43-2-303, a
statute which provides that municipalities may vacate roadways by ordinance.
It is our opinion that the City, as a home rule municipality, has the authority to adopt
and use this additional method of vacating streets within the City' As a home rule
municipality, the City may exercise its powers to govern, regulate, and administrate local
matters such as vacation of streets, despite the existence of the current statute providing that
streets may be vacated by ordinance.
ANALYSIS
Under Colorado law, the City has the authority to vacate streets. C.R.S. § 31-15-
702(1)(a)(I). The procedures for vacation are set forth in C.R.S. § 43-2-301 et seq.
According to C.R.S. § 43-2-303, Method of Vacation, right, title, or interest in and to any
roadway may be divested upon vacation of a roadway by ordinance. C.R.S. § 43-2-303(a).
In most circumstances, as it has in the past, the City vacates streets by ordinance,
which comports with the procedure set forth in the statute. By the enactment of Council Bill
No. 36, however, the City has implemented procedures to permit vacation by plat in addition
to vacation by ordinance. The new procedure enables the City to conduct vacations by a final
plat in which as part of the platting process, streets are graphically shown and designated as
"hereby vacated."
' An argument could also be made that the statute itself leaves room for municipalities to provide for differing
methods of vacation; the statute provides for vacation by ordinance "...subject to the provisions of the charter of
such municipal corporation..."
KLE\53027\309401.01
DISCUSSION
In determining the proper scope of state legislative authority as opposed to Wheat
Ridge's legislative authority there are three types of matters: (i) matters of local concern,
(ii) matters of statewide concern, and (iii) matters of mixed state and local concern.' In
matters of local concern, both home rule cities and the state may legislate.' When a home rule
ordinance or charter provision and a state statute conflict with respect to a local matter, the
charter provisions and legislation of a home rule city supersede conflicting state statutes.`
In the present situation, there may not in fact be a direct conflict between the state
statute and Wheat Ridge's vacation-by-plat approach. This is so because the state statute does
not provide that the ordinance methodology is the only permitted approach or specifically
proscribe other methods of street vacation. Additionally, the City has not indicated it will not
use the by-ordinance method, but instead, has provided for an additional method for vacation.
Assuming that there is a conflict between the state statute and Wheat Ridge's vacation-
by-plat ordinance, the initial inquiry in determining whether Wheat Ridge may exercise the
power to regulate in this area is to ascertain whether the power to do so is committed to local
regulation in the Constitution. Article XX lists specific powers committed to local regulation.
These specifically include assessment of taxes, creation of municipal courts, and all matters
pertaining to local elections. Other grants of power are less specific. For example, according
to Article XX, each home rule municipality has the power:
within or without its territorial limits, to construct, condemn and purchase,
purchase, acquire, lease, add to, maintain, conduct and operate, water works,
light plants, power plants, transportation systems, heating plants, and any other
public utilities or works or ways local in use and extent, in whole or in part, and
everything required therefor, for the use of said city and county and the
inhabitants thereof, and any such systems, plants or works or ways, or any
contracts in relation or connection with either, that may exist and which said
city and county may desire to purchase, in whole or in part.
This broad declaration, although it does not expressly say so, appears to encompass the
power to regulate local methodology for vacation of streets.
In the absence of a specific constitutional grant of authority, the established test under
current case laws for determination of whether a matter is of local or statewide concern
requires an analysis of: (a) the need for statewide uniformity of regulation; (b) the impact of
z City and County of Denver v. Board of County Commissioners, 782 P.2d 753, 762 (Colo. 1989).
' Conrad v. City of Thornton, 553 P.2d 822 (Colo. 1976).
4 City and County of Denver v. Colorado River Water Conservation District, 696 P.2d 730, 740 (Colo. 1985).
' City and County of Denver v. State, 788 P.2d 764 (Colo. 1990).
KLF%53027\309401.01 2
the municipal regulation on persons living outside the municipal limits; and (c) historical
considerations, such as whether a particular matter is one traditionally governed by a state or
by a local government.
Application of the foregoing considerations demonstrates that vacation of local streets is
not a matter of statewide concern which would preempt local regulation. First, there is no
need for statewide uniformity of regulation. People living outside Wheat Ridge have no
significant interest in the City's method of street vacation, and there is no extra-territorial
impact of the methodology. Next, the General Assembly has not made a declaration of state
interest in the vacation statutes. There is no shortage of Colorado statutes which do contain
specific statements regarding their statewide import and the need for legislative intervention
and control. Had the General Assembly deemed this a matter of statewide concern
necessitating a uniform methodology, this would likely have been so indicated in the statute.
Finally, the asserted local interest in the municipal regulation is a matter within the City's
discretion, as local streets and the platting process are at issue.
Although this question has not been conclusively answered by the Colorado Appellate
Court, this matter is similar to others which have been considered to be of local concern in
Colorado case law, such as, for example: zoning;' the power to impound animals running at
large;' assessments for local improvements;' the granting of franchises for the use of city
streets, alleys, and public places;9 and the construction and financing of capital
improvements. 10
In conclusion, we believe the City's newly enacted additional method of vacating streets
is an appropriate use of its home rule powers, and would likely withstand a legal challenge
based on the state statute providing for vacation by plat.
' Roosevelt v. City of Englewood, 492 P.2d 65 (Colo. 1971); City of Colorado Springs v. Smartt, 620 P.2d 1060
(Colo. 1980)
Thiele v. City and County of Denver, 312 P.2d 786 (Colo. 1957).
s Bd. of County Comm'rs v. City of Colorado Springs, 180 P.2d 301 (Colo. 1919); Bd. of County Comm'rs v.
Town of Castle Rock, 46 P.2d 747 (Colo. 1935).
9 City of Greeley v. Poudre Valley Rural Electric, 744 P.2d 739 (Colo. 1968).
10 Davis v. City of Pueblo, 406 P.2d 671 (Colo. 1965); Four-County Metropolitan Capital Imp. Dist. v. Board of
County Com'rs of Adams County, 369 P.2d 67 (Colo. 1962); Berman v. City and County of Denver, 400 P.2d
434 (Colo. 1965).
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INTRODUCED BY COUNCIL MEMBER DiTullio
Council Bill No. 36
Ordinance No. I t 3
Series of 1998
TITLE AN ORDINANCE AMENDING SECTION 26-6, LEGISLATIVE
AND ADMINISTRATIVE PROCESS AND PROCEDURES, OF
THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
PROCEDURES FOR RIGHT-OF-WAY VACATIONS, CITY OF
WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO.
WHEREAS, Section 26-6 of the Wheat Ridge Code of Laws dictates rules and procedures
for legislative and administrative processes; and
WHEREAS, there is no codified procedures for right-of-way vacations; and
WHEREAS, the City of Wheat Ridge should adopt a formalized process for right-of-way
vacations.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT SECTION 26-6 OF THE WHEAT RIDGE CODE OF LAWS IS
HEREBY AMENDED BY THE ADDITION OF SUBSECTION (I) PERTAINING TO THE
PROCESSING OF RIGHT-OF-WAY VACATIONS:
Section 1: Amend Section 26-6 of the Code of Laws by adding the following subsection (I)
pertaining to the processing of right-of-way vacations:
(I) RIGHT-OF-WAY VACATIONS
Street right-of-way vacations can occur by ordinance or by final plat and can be initiated by either
the City of Wheat Ridge or by a private party.
.(I) VACATIONS BY PLAT
When a street is being vacated as part of the platting process it shall be graphically shown and shall
be designated as being "hereby vacated". The document for vacation in this instance shall follow
the form and content of a final plat outlined in Section 3.C. of the Subdivision Regulations and shall
be processed in accordance with Section 3.C.1. "Processing of the Final Plat". All submittal
requirements of the platting process shall be provided by the applicant. There shall not be an
additional charge for the processing of the vacation in this instance.
(2) , VACATIONS BY ORDINANCE
Applications for vacation by ordinance may also be originated by the City of Wheat Ridge or by a
private property owner. If it is a City-initiated vacation, the Department of Public Works shall
prepare a legal description of the right-of-way proposed to be vacated attached to an administrative
process application signed by the Mayor of the City of Wheat Ridge or his representative. The
filing fee in this instance shall be waived. The City will provide all other supplemental information
required to process the City-initiated application.
If a private party is applying for the vacation, he or she will be responsible for the preparation and
submittal of an application package including the following items:
a. Legal description of the proposed right-of-way to be vacated prepared, signed and
sealed by a land surveyor registered in the State of Colorado.
b. Name and mailing address of the original, recorded conveyance document.
C. Name and addresses of all property owners adjacent to or otherwise affected by
the vacation.
d. A completed administrative process application form provided by the Department
of Planning and Development with a fee of $200.
C. Additional written information in sufficient detail to convey the full intent of the
applicant requesting the vacation.
(3) PROCESSING THE APPLICATION
Upon receipt of a complete application packet as described above, a case manager from the
Department of Planning and Development shall proceed with the following process:
a. Refer the application to affected public agencies, City Departments and utilities for
review and comment.
b. Within thirty (30) days of acceptance of a completed application packet, notice
shall be given of a scheduled public hearing on the application in front of
Planning Commission with notice by publication, letter and site posting in the
manner provided in Section 26-6(F)(2) - (4) of the Wheat Ridge Code of Laws.
C. Prepare a written report to the Planning Commission which evaluates the
proposal, makes findings, and recommendations using the review criteria set
forth in Section (4) below.
(4) CRITERIA FOR REVIEW
Before a street right-of-way vacation is approved, the applicant shall show and the Planning
Commission and City Council shall make the following determinations:
(a) That the proposed vacation will not leave any adjoining land without access to an
established public right-of-way.
(b) That the proposed vacation is in conformity with the most recently enacted goals and
policies of the Transportation Section of the current Comprehensive Plan of the City
of Wheat Ridge.
(c) That the proposed vacation will not have a negative impact on the infrastructure of
the City of Wheat Ridge.
Ordinance No. 36 Page 2
ZOA-98-04
(d) That adequate easements have been reserved for use and/or maintenance by the
City or other utility agencies.
(e) PLANNING. COMMISSION REVIEW
Planning Commission shall hear and consider any evidence or statement presented by the applicant,
City Staff, or by any person in attendance at the hearing. The Planning Commission shall then make
a recommendation to City Council to approve, approve with conditions or deny the application,
basing its recommendations on the facts presented in the public hearing as applied to the Criteria for
Review as specified in subsection (4), hereof. Planning Commission may recommend conditions or
stipulations, which may include use limitations or operational stipulations such as reservation of
utility easements or access easements. A recommendation of denial by the Planning Commission
shall be considered final, unless the City or the applicant files an appeal to City Council, with the
City Clerk within ten (10) working days of the Planning Commission decision.
(f) CITY COUNCIL REVIEW
City Council shall review and decide upon all requests for right-of-way vacations, upon
recommendation of Planning Commission for approval, or upon appeal of a recommendation for
denial by Planning Commission. Vacations shall be approved by passage of an ordinance, following
the City's standard ordinance adoption procedures, or by final plat approval in which case a separate
ordinance is not required. Notice of public hearing shall be by publication, letter and site posting in
the manner provided in subsection (3), hereof. City Council in addition to consideration of the
Planning Commission record shall hear additional evidence and testimony presented and either
approve, approve with modifications, or deny the ordinance. City Council shall base its decision
upon all evidence presented, with due consideration of the Criteria for Review as set forth under
subsection (4), hereof.
(g) RECORDATION
All approved vacation ordinances or plats with street vacations shall be recorded with the Jefferson
County Clerk and Recorder by the City within thirty (30) days of the effective date of such
ordinance or plat approval.
(h) VESTING OF TITLE
When a right-of-way is vacated, title to the vacated right-of-way shall vest with adjacent property
owners or the original grantor or its successors-in-interest as provided by C.R.S. 43-2-301, et seq:
Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this
ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the proper legislative
object sought to be attained.
Ordinance No. 36 Page 3
ZOA-98-04
Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or
the application thereof to any person or circumstances shall for any reason be adjusted by a court of
competent jurisdiction invalid, such judgment shall not affect application to other persons or
circumstances.
s Section 4. Supersession Clause. If any provision, requirement or standard established by
this Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of
adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and
prevail.
Section 5. This ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
this 12th day of October , 1998, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for
November 9 , 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
of 8 to 0 , this 9th day of November , 1998.
SIGNED by the Mayor on this 10thday of November 1998.
J RETCHEN CER NY, MAYO
ATTEST
Lt
Wanda Sang, Cit Jerk
APPRO ED AS TO FORM BY CITY A ORNEY
i
GE LD DAHL, CITY XT RNE
1st Publication: October 16, 1998
2nd Publication: November 13, 1998
Wheat Ridge Transcript
Effective Date: November 28, 1998
C:\aarbma\CCRPTS\RESO-ORD\vacationord.wpd-
Ordinance No. 36 Page 4
ZOA-98-04
CITY COUNCIL MINUTES: November 9, 1998 Page - 2 -
Mrs. Worth informed Mr. Durling of the reason they did not take action on this issue when it
came up in the past, stating that the people in the Wheat Ridge love their trash companies.
Mrs. Worth mentioned that a few neighborhoods have come together to agree on a price for
one trash pickup in their neighborhood.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Council Bill 35 - An Ordinance concerning Animal Control
Council Bill 35 was introduced on second reading by Mrs. Shaver; title and summary read by
the Clerk; Ordinance No. 1135 assigned.
Louise Tumer, 11256 W. 38`h Avenue, was sworn in by the Mayor and present on behalf of the
Animal Control Commission. Mrs. Turner had a concern with adding to the Ordinance that
inspections could be done any time between 7:00 a.m. and 5:00 p.m. They feel that is just a
little too much and would recommend changing it to "during any kennel's posted regular
hours".
Motion by Mrs. Shaver for the approval of Council Bill 35 (Ordinance No. 1135 ) with an
amendment to Section 4 (1) to.read "during normal posted business hours"; seconded by Mr.
DiTullio; carried 8-0.
,-Item,. Council Bill 36 -An Ordinance amending Section 26-6, Legislative, and
All 6 Administrative Process and Procedures, of the Wheat Ridge Code of Laws
.4. 0 pertaining to procedures for right-of-way vacations, City of Wheat Ridge, County
of Jefferson, State of Colorado.
Council Bill 36 was introduced on second.reading by Mr. DiTullio; who also read tittle and
summary; Clerk assigned Ordinance No. 1136.
Alan White, Director of Planning, gave a presentation of the Ordinance.
Mrs. Turner mentioned that they have been vacating streets and rights-of-way for thirty years
without having to add any more pages to the Code of Laws, in the last eight or nine years the
Code has doubled and maybe when tempted to add more things to it we should be sure that
they are necessary and as brief as possible. Mrs. Turner pointed out a minor correction that
should be made under Section 1 (8) C.R.S. 43-2-301 it should be C.R.S. 43-2-302.
Alan White stated that the City Attorney advised to leave the above mentioned error as is, as it
was printed in the Ordinance.
CITY COUNCIL MINUTES: November 9, 1998 Page - 3 -
Motion by Mr. DiTullio that Council Bill 36 (Ordinance No. 1136), legislation pertaining to the
processing of right-of-way vacations, be approved for the following reasons: 1. The City has
no existing legislation in place. 2. It is consistent with State law. 3. The City Attorney has
reviewed the proposed language and his comments have been incorporated; seconded by Mr.
Mancinelli.
Amendment. by Mrs. Worth that under Section 4 (b) to read "That the proposed vacation is in
conformity with the most recently enacted goals and policies of the Transportation Section of
the Comprehensive Plan of the City of Wheat Ridge." seconded by Mrs. Dalbec; carried 8-0.
Original Motion with amendment carried 8-0.
Item 3. Council Bill 34 - An Ordinance approving demolition of two municipally owned
buildings.
Council Bill 34 was introduced on second reading by Mr. Mancinelli; title and summary read by
the Clerk; Ordinance No. 1137 assigned.
Mr. Middaugh stated that, as per Council directive, this Ordinance had been referred to the
Parks Commission. They voted 6-2 to recommend demolition of the buildings.
Louise Turner asked that Council not make a hasty decision on this and wait a while to see if
there wasn't some use for the buildings.
Motion by Mr. Mancinelli for approval of Council Bill 34 (Ordinance 1137) demolition of the
Jaidinger house but to exclude the building on 4900 Marshall Street; seconded by Mr. Siler
Motion Mrs. Worth for an amendment that all the vegetation and landscaping remain around
the Jaidinger property and on the bluff; that no cutting into that bluff occur and that the land be
terraced for the protection of the bluff; seconded by Mrs. Shaver.
Mrs. Dalbec asked for a friendly amendment regarding the terracing of the bluff, she prefers to
see the words to "preserve the bluff as a natural area", maybe we don't need to terrace it then.
City Attorney Juran pointed out that the main motion should be to approve Council Bill 34,
because demolition was required to be done by ordinance; and that reference to 4900
Marshall Street could be taken out of the Ordinance. Discussion of the landscaping went
beyond the scope of what was published and could be addressed at another time.
City Council Studv.Session November 2 1998
-page 2-
Z04--q ?-0 L/
Mr. White explained that the proposal is to expand the County's
limited use for the property, with a final plan that lists restrictive
uses of the site prior to development.
Mrs. Worth would like to see an agreement to the annexation that at
the time of development it comes to Council as a planned development.
Consensus 6-2 that there be a list of unacceptable uses for the
property and there will be a plan for future commercial development.
Item 3. Discussion of Council Bill 36 - Ordinance amending Section
26-6, Legislative and Administrative Process and Procedures,
IF (Procedures for ROW vacations).
Mr. White referred to his memo dated October 27, 1998 which explains
the Right of Way vacation process.
Mr. Siler excused himself from the meeting. (Election Judge)
Item 4. Review of City position on State Highway access program.
Mr. Goebel presented the proposed State Highway Access Categories.
Steve Nguyen also discussed the program.
Consensus 6-1 to accept the access category recommendations for state
highways in Wheat Ridge.
Item 5. 1999 Council Goals
Consensus 6-1 to do Council Goals with the Budget.
Mr. Middaugh will schedule three budget meeting dates and fax the
dates to Council.
Consensus 7-0 to adjourn.
Meeting adjourned at 10:20 p.m.
Wanda Sang, City erk
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: City Council
FROM: C Meredith Reckert, Senior Planner
SUBJECT: Case No. ZOA-98-4
DATE: November 2, 1998
Attached is Staff's suggested ordinance pertaining to the procedures for processing right-of-way
vacations, as well as Mr. White's memo dated October 27, 1998. When approved, this language
will be codified as subsection I. of Section 26-6. Legislative and Administrative Process and
Procedures.
Planning Commission reviewed this case at a public hearing held on May 21, 1998. A
recommendation of approval was given for the following reasons:
1. The City has no existing legislation in place.
2. It is consistent with State Law.
3. The City Attorney has reviewed the proposed language and his comments have
been incorporated.
With the following condition:
That the language in item 91 and #4 under the "Criteria for Review" section be reworded
to be consistent with the state statute.
The proposed ordinance has been modified in accordance with the condition of approval.
RECOMMENDED MOTION:
"I move that Council Bill No. legislation pertaining to the processing of right-of-way
vacations, be APPROVED for the following reasons:
1. The City has no existing legislation in place.
2. It is consistent with State Law.
3. The City Attorney has reviewed the proposed language and his comments have
been incorporated."
OF WHEAL
City of Wheat Ridge
Planning and Development Department m
CSC ORA00
Memorandum
TO: Mayor and City Council
FROM: Alan White, Planning and Development Director am
SUBJECT: Case No. ZOA 98-04, Procedures for Right-of-Way Vacation
DATE: October 27, 1998
At first reading of this ordinance, Council requested a study session to discuss the process of
vacations. There are two ways to vacate right-of-way: 1) by plat, or 2) by ordinance. This
memo summarizes the two processes established in the proposed ordinance.
1. Vacation by Plat:
The vacation request is combined with the subdivision request and is noted on the plat document.
The plat is processed according to the final plat process outlined in the subdivision regulations.
The process for approval of a final plat is as follows:
Step 1. Application and the required submittal information are submitted.
Step 2. 30 day agency referral period for review and comment.
Step 3. Planning Commission public hearing. A public hearing is set and 15 days
notice is given for a hearing before the Planning Commission. A
recommendation to Council is made on the final plat and vacation based
upon the criteria for review.
Step 4. Council public hearing. A public hearing is set for which 15 days notice is
given. Council conducts a public hearing and approves, approves with
modifications, or denies the plat with the vacation.
Step 5. The plat is recorded at the County Clerk and Recorder's office.
2. Vacation by Ordinance:
Step 1. Application and the required submittal information are submitted.
Step 2. 30 day agency referral period for review and comment.'
Step 3. Planning Commission hearing. A hearing is set and 15 days notice is
given for a hearing before the Planning Commission. A recommendation
to Council is made based upon the criteria for review.
Step 4. First reading on ordinance to vacate. Since vacations of right-of-way
require adoption of an ordinance, an ordinance must be adopted on first
reading.
Step 5. Second reading and Council public hearing on ordinance to vacate. First
reading sets the public hearing for which 15 days notice is given. Council
conducts a public hearing and approves, approves with modifications, or
denies adoption of the ordinance.
Step 6. The ordinance is recorded at the County Clerk and Recorder's office.
Commissioner BRINKMAN responded to Mr. Craig's concerns stating that the City is only
attempting to refine language and clear up vague areas in the code in order to address nuisance
properties, and not to get rid of horse properties. Commissioner GOKEY assured Mr. Craig
that the City has no intention to make him get rid of his barn or his horse.
Following the public comments, Mr. Dahl stated that he understood the direction to be as
follows: (1) lot sizes, setbacks and corral sizes should not be changed; (2) the nonconforming
or amortization schedule should not be changed; (3) the horse equivalent units should remain
as recommended by the Animal Control Commission; and (4) that effort should be
concentrated on the nuisance aspect of the code. He informed that he would obtain sample
ordinances from other entities regarding enforcement of these types of nuisance problems.
Commissioner SNOW suggested that the horse equivalent units include one horse, one cow,
one burrow, one mule, one llama, four sheep and two goats and noted that there have been
numerous complaints about goats in past years. She was also concerned that the ordinance
doesn't result in allowing even more animals to be kept in the city. .
Commissioners BRINKMAN and SHOCKLEY felt that the Animal Control Commission's
recommendations should be followed.
Commissioner SNOW requested that- Section 1-A of the proposed ordinance be incorporated
into Section 1-C.
Mr. Dahl suggested that the section concerning the removal of horses to summer pastures needs
to be clarified and a time limit determined.
Commissioner BRINKMAN asked if it could be made mandatory that prospective property
owners be given a list of adjacent properties and their zoning before they purchase a house
(similar to flood plain requirements.) It was a consensus of the Commission that the City should
not be involved in this process.
Commissioner GOKEY requested that the issue of non-conforming agricultural uses be
addressed.
Chair THOMPSON declared a recess at 10:08 p.m. The meeting was reconvened at 10:25 p.m.
Chair THOMPSON declared the public hearing portion of the meeting open.
B. Case No. ZOA-98-04: The Planning and Development Department is proposing to amend
Section 26-6 of the Code of Laws: Legislative and Administrative process and procedures
concerning right-of-way vacations.
Meredith Reckert presented this item and referred to the staff's recommendations for an
amendment to Section 26-6: Legislative and Administrative Process and Procedures: Right-of-
way Vacation Procedures. She informed that the City has been following those procedures and
using the criteria in all of the vacation cases, but the procedure has never been formally adopted.
Planning Commission Minutes Page 6
05/21/98
The Public Works Department and the City Attorney have reviewed staff's recommendations and
their comments have been incorporated into the proposed language.
Following discussion, Commissioner SNOW moved and Commissioner SHOCKLEY seconded
that Case No. ZOA-984, an amendment to Section 26-6 of the Wheat Ridge Code of Laws -
Legislative and Administrative Process and procedures, be recommended for APPROVAL to the
City Council for the following reasons:
1. The City has no existing legislation in place.
2. It is consistent with State Law
3. The City Attorney has reviewed the proposed language and his comments have
been incorporated.
With the following conditions:
a. That the language in item #I and item #4 under the "Criteria for Review" section
be reworded to be consistent with the state statute.
The motion passed by a vote of 6-0 with Commissioner DUNN absent.
C. Case No. ZOA-98-02: The Planning and Development Department is proposing to amend
Sections 26-20 (B) and (E), and 26-22 (B) of the code of Laws concerning counseling and
treatment clinics in the R-C1 and R-C and C-1 zone districts.
This matter was presented by Alan White. The proposed Code Amendment would modify
current language in the Code dealing with counseling and treatment clinics. Different wording is
used in the various commercial zone districts, creating inconsistency among the districts. The
need for this amendment resulted from a special use application heard by the Planning
Commission for a treatment clinic on Harlan which resulted in the Board of Adjustment making
an interpretation that non-residential counseling and treatment facilities were intended to be
permitted uses in the Restricted Commercial zone district.
Following discussion, Commissioner SNOW moved and Commissioner SHOCKLEY seconded
that the Planning Commission approve the ordinance amending Sections 26-20 (B) and (E), 26-
21 (E), and 26-22 (B) of the Wheat Ridge Code of Laws concerning counseling and treatment
clinics in the RC-1, R-C and C-1 zone districts, and that Section 4 (8) should contain the same
language as Section 3 (1), and that the comma after the word "alcoholism in the fourth line of
Section 3 (1) be changed to a period.
Commissioner BRINKMAN expressed concern about the use of the word "problem" in the
ordinance and offered an amendment that the word "problem" be replaced with the word
"condition" throughout the entire ordinance. This amendment was accepted by Commissioners
SNOW and SHOCKLEY.
Planning Commission Minutes Page 7
05/21/98
7 ok-4~ 7-0
CITY COUNCIL MINUTES: October 12,1998 Page - 5 -
Item 5 Council,Bll 36 = An Ordinance amending Section 26-6, Legislative and
Administrative Process and Procedures; -of the Wheat Ridge Code of Laws
pertaining to. procedures for right-of-way vacations, City of Wheat Ridge, County
of Jefferson, State of Colorado.
Council Bill 36 was introduced on first reading by Mr. DiTullio; who also read the title and
summary.
Motion by Mr. DiTullio that Council Bill 36 be approved on first reading, ordered published,
public hearing be set for Monday, November 9, 1998 at 7:00 p.m. in City Council Chambers,
Municipal Building, and if approved on second reading, take effect 15 days after final
publication; seconded by Mr. Donnelly; carried 7-0.
Motion by Mrs. Shaver that prior to 2nd reading for this Ordinance staff provide Council with a
detailed written memo or a presentation at a future Study Session before November 9,1998 to
review this Ordinance; seconded by Mrs. Worth; carried 5-2 with Mr. Siler and Mr. DiTullio
voting no.
Item 6. 'i - Council Bill 37 = An Ordinance providing for the approval of amendments and
additions to the Code of Laws for the City of Wheat Ridge by reference of the
1997 Uniform Fire Code, City of Wheat Ridge, County of Jefferson, State of
Colorado.
Council Bill 37 was introduced on first reading by Mr. Siler; title read by the Clerk.
Mr. White explained that this is updating the Uniform Fire Code from 1991 to 1997.
Motion by Mr. Siler that Council Bill 37 be approved on first reading, ordered published, public
hearing be set for Monday, November 23, 1998 at 7:00 p.m. in City Council Chambers,
Municipal Building, and further moved that this ordinance be sent back to the Wheat Ridge
Fire Protection District for review in regards to the historical preservation ordinance and that it
be staffed through the Fairmount and Arvada Fire Protection Districts with the Historical
Preservation Ordinance attached, brought to Study Session November 16, 1998 for
discussion, and if approved on second reading, take effect 15 days after final publication;
seconded by Mrs. Dalbec; carried 7-0.
Item 7. Council Bill 38 - An Ordinance amending and adopting the 1997 Uniform Building
Code and adopted in Chapter 5 of the Code of Laws of the City of Wheat Ridge,
relating to buildings and building regulations.
Council Bill 38 was introduced on first reading by Mr. Donnelly; title and summary read by the
Clerk.
AGENDA ITEM RECAP
AGENDA ITEM J I
October 12, 1998
QUASI-JUDICIAL - X
Yes No
-PUBLIC HEARINGS _ CITY MGR. MATTERS X ORDINANCES FOR IST READING
_ PROC./CEREMONIES _ CITY ATTY. MATTERS _ ORDINANCES FOR 2ND READING
_ BIDS/MOTIONS _ PUBLIC COMMENT _ RESOLUTIONS
INFORMATION ONLY ELEC. OFFICIALS MATTERS
AGENDAITEMTITLE: CaseNo. ZOA-98-04, An ordinance amending Sections 26-6, Legislative a
A
Administrative Process and Procedures of the Wheat Ridge Code of Laws.
SUNINIARY/REC0NIN[ENDATION: The proposed ordinance adds subsection (I) to Section 26-6 of the Code
of Ordinances adding process procedures for right-of-way vacations.
ATTACHMENTS: BUDGETED X
1) Ordinance ITEM: Yes No
Fund
Dept/Acct n
Budgeted Amount S
Requested Expend.S
Requires' Transfer/
Supp. Appropriation Yes No
SUGGESTED MOTION:
"I move to that Council Bill No. ~3G be approved on first reading, ordered published, public hearing be set for
:Monday, November 9, 1998, at 7:00 p.m. in the City council Chambers, Municipal Building, and if approved on second
reading, take effect 16 days after final publication."
7 0 Ot1~re, w~"0
C. R.,rhdnCCRPT51..19941 ...-acuveugiJ
h0
INTRODUCED BY COUNCIL MEMBER
Council Bill No. ' 36
Ordinance No.
Series of 1995
TITLE: AN ORDINANCE ANIENDING SECTION 26-6,
LEGISLATIVE AND ADMINISTRATIVE PROCESS AND
PROCEDURES, OF THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO PROCEDURES FOR RIGHT-OF-WAY
VACATIONS, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
WHEREAS, Section 26-6 of the Wheat Ridge Code of Laws dictates rules and
procedures for legislative and administrative processes; and
WHEREAS, there is no codified procedures for right-of-way vacations; and
WHEREAS, the City of Wheat Ridge should adopt a formalized process for right-of-way
vacations.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT SECTION 26-6 OF THE WHEAT RIDGE CODE OF
LAWS IS HEREBY AMENDED BY THE ADDITION OF SUBSECTION (I)
PERTAINING TO THE PROCESSING OF RIGHT-OF-WAY VACATIONS:
- Section l: Amend Section 26-6 of the Code of Laws by adding the following subsection
(I) pertaining to the processing of right-of-way vacations:
(I) RIGHT-OF-WAY VACATIONS
Street right-of-way vacations can occur by ordinance or by final plat and can be initiated by either
the City of Wheat Ridge or by a private party.
(l) VACATIONS BY PLAT
When a street is being vacated as part of the platting process it shall be graphically shown and
shall be designated as being "hereby vacated". The document for vacation in this instance shall
follow the form and content of a final plat outlined in Section 3.C. of the Subdivision
Regulations and shall be processed in accordance with Section 3.C.1. "Processing of the Final
Plat". All submittal requirements of the platting process shall be provided by the applicant.
There shall not be an additional charge for the processing of the vacation in this instance.
(2) VACATIONS BY ORDINANCE
Applications for vacation by ordinance may also be originated by the City of Wheat Ridge or by
a private property owner. If it is a City-initiated vacation, the Department of Public Works shall
prepare a legal description of the right-of-way proposed to be vacated attached to an
administrat[ve process application signed by the Mayor of the City of Wheat Ridge or his
representative. The filing fee in this instance shall be waived. The City will provide all other
supplemental information required to process the City-initiated application.
If a private party is applying for the vacation, he or she will be responsible for the preparation
and submittal of an application package including the following items:
a. Legal description of the proposed right-of-way to be vacated prepared, signed and
sealed by a land surveyor registered in the State of Colorado.
b. Name and mailing address of the original, recorded conveyance document.
C. Name and addresses of all property owners adjacent to or otherwise affected by
the vacation.
d. A completed administrative process application form provided by the Department
of Plannina and Development with a fee of 5200.
e. Additional written information in sufficient detail to convey the full intent of the
applicant requesting the vacation.
(3) PROCESSING THE APPLICATION
Upon receipt ofa complete application packet as described above, a case manager from the
Department of Planning and Development shall proceed with the following process:
a. Refer the application to affected public agencies, City Departments and utilities
for review and comment.
Within thirty (30) days of acceptance ofa completed application packet, notice
shall be given of a scheduled public hearing on the application in front of
Planning Commission with notice by publication, letter and site posting in the
manner provided in Section 26-6(F)(2) - (4) of the Wheat Ridge Code of Laws.
Prepare a written report to the Planning Commission which evaluates the
proposal, makes findings, and recommendations using the review criteria set
forth in Section (4) below.
(4) CRITERIA FOR REVIEW
Before a street right-of-way vacation is approved, the applicant shall show and the Planning
Commission and City Council shall make the following determinations:
(a) That the proposed vacation will not leave any adjoining land without access to an
established public right-of-way.
(b) That the proposed vacation is in conformity with the goals and policies of the
Transportation Section of the Comprehensive Plan of the City of Wheat Ridge.
(c) That the proposed vacation will not have a negative impact on the infrastructure
of the City of Wheat Ridge.
(d) That adequate easements have been reserved for use and/or maintenance by the
City or other utility agencies.
(5) PLANNING COMMISSION REVIEW
Planning Commission shall hear and consider any evidence or statement presented by the
applicant, City Staff, or by any person in attendance at the hearing. The Planning Commission
shall then make a recommendation to City Council to approve, approve with conditions or deny
the application, basing its recommendations on the facts presented in the public hearing as
applied to the Criteria for Review as specified in subsection (4), hereof. Planning Commission
may recommend conditions or stipulations, which may include use limitations or operational
stipulations such as reservation of utility easements or access easements. A recommendation of
denial by the Planning Commission shall be considered final, unless the City or the applicant
files an appeal to City Council, with the City Clerk within ten (10) working days of the Planning
Commission decision.
(6) CITY COUNCIL REVIEW
City Council shall review and decide upon all requests for right-of-way vacations. upon
recommendation of Planning Commission for approval, or upon appeal ofa recommendation for
denial by Planning Commission. Vacations shall be approved by passage of an ordinance,
following the City's standard ordinance adoption procedures, or by final plat approval in which
case a separate ordinance is not required. Notice of public hearing shall be by publication, letter
and site posting in the manner provided in subsection (3), hereof. City Council in addition to
consideration of the Planning Commission record shall hear additional evidence and testimony
presented and either approve, approve with modifications, or deny the ordinance. City Council
shall base its decision upon all evidence presented, with due consideration of the Criteria for
Review as set forth under subsection (4), hereof.
(7) RECORDATION
All approved vacation ordinances or plats with street vacations shall be recorded with the
Jefferson County Clerk and Recorder by the City within thirty (30) days of the effective date of
such ordinance or plat approval.
(S) VESTING OF TITLE
When a right-of-way is vacated, title to the vacated right-of-way shall vest with adjaperty
owners or the original grantor or its successors-in-interest as provided by C.R.S. 43- .301 seq.
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of Wheat
Ridge, that it is promulgated for the health, safety, and welfare of the public and that this
ordinance is necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the ordinance bears a rational
relation to the proper legislative object sought to be attained.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code
or the application thereof to any person or circumstances shall for any reason be adjusted by a
court of competent jurisdiction invalid, suchjudgment shall not affect application to other
persons or circumstances.
Section d. Supersession Clause. If any provision, requirement or standard established by
this Ordinance is found to conflict with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date
of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede
and prevail.
Section 5. This ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 1993, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set
for 1995, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of 1995.
SIGNED by the vlayor on this day of , 1995.
GRETCHEN CERVENY. MAYOR
ATTEST:
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
C:\Barbara\CCRP I:S\RGSO-URD\vacationord.wpd
907 State, County, and Municipal Highways 43-2-302
.ation and establishme,4
If such county shall thereuliog
oecome available to such count]
S, together with such additiotfel
tiers may determine to be nece8
nd, not to exceed fifty percent
said fund shall be held in said
the retirement of all outstanding
irrants issued in accordance witb
18.
§ 158; CRS 53, 120-1-19; C.R.S.
erest. When the board of county
tied and approved, by resolution
construction, repair, or improve-
iits, either by the county itself or
he state of Colorado and with or
cost thereof or the share of such
uch county, it may by resolution
rants in such amount as may be
y costs of the same, said warrants
treasurer and by him offered for
gate of such warrants outstanding
ion for assessment of all property
:hereof. No warrants shall run for
-ement nor bear a rate of interest
§ 159; CRS 53, 120-1-20; C.R.S.
L. 91, p. 1111, §157, effective
It: The county treasurer of such
r in connection with such highway
said fund so as to retire such war-
t manner as the board of county
ice thereof, subject to the limita-
218.
§ 160; CRS 53, 120-1-21; C.R.S.
ions 43-2-214 to 43-2-218 are
towers and authorities by statute
~ective counties of the state.
§ 161; CRS 53, 120-1-22; C.R.S.
PART 3
VACATION PROCEEDINGS: ROADS, STREETS, AND HIGHWAYS
Cross references: For abandonment of town incorporation, see part 2 of article 3 of title 31.
43-2-301. Definitions. As used in this part 3, unless the context otherwise
requires:
(1) "Block" means that portion of a subdivision surrounded by streets,
however designated, or other boundary lines and platted as a block, plot,
tract, square, or other designated unit.
(2) "Owner" or "owner of record" includes any person, firm, partnership,
association, or corporation.
(3) "Roadway" includes any platted or designated public street, alley,
lane, parkway, avenue, road, or other public way, whether or not it has been
used as such.
Source: L. 49, p. 620, § 1; CSA, C. 143, § 69(l); CRS 53, 120-1-11; C.R.S.
1963,§ 120-14-1.
43-2-302. Vesting of title upon vacation. (1) Whenever any roadway has
been designated on the plat of any tract of land or has been conveyed to
or acquired by a county or incorporated town or city or by the state or by
any of its political subdivisions for use as a roadway, and thereafter is
vacated, title to the lands included within such roadway or so much thereof
as may be vacated shall vest, subject to the same encumbrances, liens, limita-
tions, restrictions, and estates as the land to which it accrues, as follows:
(a) In the event that a roadway which constitutes the exterior boundary
of a subdivision or other tract of land is vacated, title to said roadway shall
vest in the owners of the land abutting the vacated roadway to the same
extent that the land included within the roadway, at the time the roadway
was acquired for public use, was a part of the subdivided land or was a
part of the adjacent land.
(b) In the event that less than the entire width of a roadway is vacated,
title to the vacated portion shall vest in the owners of the land abutting
such vacated portion.
(c) In the event that a roadway bounded by straight lines is vacated, title
to the vacated roadway shall vest in the owners of the abutting land, each
abutting owner taking to the center of the roadway, except as provided in
paragraphs (a) and (b) of this subsection (1). In the event that the boundary
lines of abutting lands do not intersect said roadway at a right angle, the
land included within such roadway shall vest as provided in paragraph (d)
of this subsection (1).
(d) In all instances not specifically provided for, title to the vacated road-
way shall vest in the owners of the abutting land, each abutting owner taking
that portion of the vacated roadway to which his land, or any part thereof,
is nearest in proximity.
(e) No portion of a roadway upon vacation shall accrue to an abutting
roadway.
Source: L. 49, p. 620, § 2; CSA, C. 143, § 69(2); CRS 53, 120-1-12; C.R.S.
1963,§ 120-14-2.
43-2-303
Transportation
Am. Jun2d. See 39 Am. Jur.2d, Highways,
Streets, and Bridges, § § 142, 184, 185.
C.J.S. See 39A C.J.S., Highways, § 137.
By the dedication under section 31-1-108, the
original owner divests himself of the power of
disposition of the property and vests the city
with this legal power. Buell v. Sears, Roebuck
& Co., 205 F. Supp. 865 (D. Colo. 1962),
modified, 321 F.2d 468 (1 Oth Cir. 1963).
This section vests complete legal title. This
section operates to vest in the adjoining owner
not only the title which initially passed to the
city and county but the complete legal title to
both surface and subsurface rights to vacated
roadway. Buell v. Sears, Roebuck & Co., 321
F.2d 468 (I Oth Cir. 1963).
Section does not deprive dedicator of prop-
erty unconstitutionally. One dedicating high-
ways to the public by filing plats showing high-
ways located thereon is not unconstitutionally
deprived of its property by this section which
provides that upon vacation of the highway
the title shall vest in the abutting owner. Buell
v. Sears, Roebuck & Co., 205 F. Supp. 865 (D.
Colo. 1962), modified, 321 F.2d 468 (10th
Cir. 1963).
Dedicator is on notice. A dedicator, even
though not immediately divested of subsur-
face rights, is on notice at the time of dedica-
tion that if a portion of the dedicated street
should be vacated by the city and county
unconditional title would vest in the adjoining
owner. Buell v. Sears, Roebuck & Co., 321
F.2d 468 (10th Cir. 1963).
Vacating resolution is final on enactment,
and cannot be rescinded if the rights of third
908
parties have vested. Sutphin v. Mourning, 642
P.2d 34 (Colo. App. 1981); LeSatz
Deshotels, 757 P.2d 1090 (Colo. App. 1988).
Recording deed after vacation conveys lots
only and not vacated street. Since in legal effect
there was no deed outstanding, the recording
of the original deed after the street vacation
served to convey only the lots and not a por-
tion of the already vacated street. Sky Harbor,
Inc. v. Jenner, 164 Colo. 470, 435 P.2d 894'
(1968).
Subsection (1) (a) of this section clearly con-
templates the vacation of the entire roadway.
Buell v. Sears, Roebuck & Co., 205 F. Supp.
865 (D. Colo. 1962), modified, 321 F.2d 468
(10th Cir. 1963).
While subsection (1) (b) of this section was
designed to cover the vacation of less than the
entire width of a highway. Buell v. Sears,
Roebuck & Co., 205 F. Supp. 865 (D. Colo.
1962), modified, 321 F. 2d 468 (10th Cir.
1963).
Subsection (1) (d) prevents disjointed tracts.
Subsection (1) (d) of this section would appear
to carry out the policy of the general assembly
to prevent the creation of any disjointed
tracts. In all situations the vacated roadway
vests in the owners of abutting land. Buell v.
Sears, Roebuck & Co., 205 F. Supp. 865 (D.
Colo. 1962), modified, 321 F.2d 468 (10th
Cit. 1963).
Subsection (1) (e) of this section expresses a
clear intent to exclude an unvacated highway as
an abutting owner. Buell v. Sears, Roebuck &
Co., 205 F. Supp. 865 (D. Colo. 1962), modi-
fied, 321 F.2d 468 (10th Cit. 1963).
43-2-303. Methods of vacation. (1) All right, title, or interest of a county,
of an incorporated town or city, or of the state or of any of its political
subdivisions in and to any roadway shall be divested upon vacation of such
roadway by any of the following methods:
(a) The city council or other similar authority of a city or town by ordi-
nance may vacate any roadway or part thereof located within the corporate
limits of said city or town, subject to the provisions of the charter of such
municipal corporation and the constitution and statutes of the state of Colo-
rado.
(b) The board of county commissioners of any county may vacate any
roadway or any part thereof located entirely within said county if such road-
way is not within the limits of any city or town.
(c) If such roadway constitutes the boundary line between two counties,
such roadway or any part thereof may be vacated only by the joint action
of the boards of county commissioners of both counties.
(d) If said roadway constitutes the boundary line of a city or town, it
may be vacated only by joint action of the board of county commissioners
of the county and the duly constituted authority of the city or town.
(2) (a) No platted or deeded roadway or part thereof or unplatted or
undefined roadway which exists by right of usage shall be vacated so as to
909 State, Count
leave any land adjoining said
or private-access easement cc
public road.
(b) If any roadway has bey
such roadway shall not be va-
approved by the board of coup
ten days prior to any county
to vacate a county roadway i
shall mail a notice by first-clas
owner who owns one acre or
notice shall indicate the time t
and shall indicate that a reso
presented at the meeting.
(c) If any roadway has beer
such street shall not be vacal
approved by the governing bod
(d) If any roadway has beet
shall not be vacated or aband
approved by the transportati(
(11).
(e) Paragraphs (b), (c), an(
any roadway that has been esi
after such establishment.
(f) If any roadway is vacal
abandoning such roadway sh,
of section 43-1-202.7.
(3) In the event of vacation
way or easements may be rest
gas, water, or similar pipelines
appurtenances, and for electr
nances.
(4) Any written instrument
to vacate or relocate roadwayr
in the counties where the roads
years shall be prima facie evi(
roadways. This subsection (4;
action commenced prior to tI
aside, modify, or annul the vac
modified, or annulled by prof
such notice of pendency of a
been recorded in the recorder
located.
Source: L. 49, p. 621, § 3; C'
1963, § 120-14-3; (2) amende-
amended, L. 93, p. 615, § 2, eff
Editor's note: As to vacation by no
ice, compare Crane v. Beck, 133
3 Colo. 69, 225 P.2d 839(1950).
)ortatlon
parties have vested. Sutphin v. Moumin& 642
P.2d 34 (Colo. App. 1981) LeSatz
Deshotels, 757 P.2d 1090 (Colo. App 1988) Y,
Recording deed after vacation conveys lots`
only and not vacated street. Since in legal effaet
there was no deed outstanding, the record(ne
of the original deed after the street vacation
served to convey only the lots and not a pay,
tion of the already vacated street Sky HarborInc. v. Jenner, 164 Colo. 470, 435 P.2d 894
(1968).
Subsection (1) (a) of this section clear) ,
templates the vacation of the entire roadway
Buell v. Sears, Roebuck & Co., 205 F. Supp;
865 (D. Colo. 1962), modified, 321 F.2d 468
(10th Cir. 1963).
While subsection (1) (b) of this section was
designed to cover the vacation of less than the
entire width of a highway. Buell v. Sears,
Roebuck & Co., 205 F. Supp. 865 (D. Colo,
1962), modified, 321 F. 2d 468 (10th Cir.
1963).
Subsection (1) (d) prevents disjointed tracts,
Subsection (1) (d) of this section would appear
to carry out the policy of the general assembly
to prevent the creation of any disjointed
tracts. In all situations the vacated roadway
vests in the owners of abutting land. Buell v.
Sears, Roebuck & Co., 205 F. Supp. 865 (D,
Colo. 1962), modified, 321 F.2d 468 (10th
Cir. 1963).
Subsection (1) (e) of this section expresses d
clear intent to exclude an unvacated highway as
an abutting owner. Buell v. Sears, Roebuck &
Co., 205 F. Supp. 865 (D. Colo. 1962), modi.
fied, 321 F.2d 468 (10th Cit. 1963).
1) All right, title, or interest of a county,
)r of the state or of any of its political
shall be divested upon vacation of such
hods:
oilar authority of a city or town by ordi-
part thereof located within the corporate
to the provisions of the charter of such
Aitution and statutes of the state of Colo-
.issioners of any county may vacate any
I entirely within said county if such road-
ity or town.
the boundary line between two counties,
may be vacated only by the joint action
ers of both counties.
the boundary line of a city or town, it
in of the board of county commissioners
ed authority of the city or town.
oadway or part thereof or unplatted or
✓ right of usage shall be vacated so as to
909 State, County, and Municipal Highways 43-2-303
leave any land adjoining said roadway without an established public road
or private-access easement connecting said land with another established
s public road.
(b) If any roadway has been established as a county road at any time,
such roadway shall not be vacated by any method other than a resolution
approved by the board of county commissioners of the county. No later than
ten days prior to any county commissioner meeting at which a resolution
to vacate a county roadway is to be presented, the county commissioners
shall mail a notice by first-class mail to the last-known address of each land-
owner who owns one acre or more of land adjacent to the roadway. Such
notice shall indicate the time and place of the county commissioner meeting
and shall indicate that a resolution to vacate the county roadway will be
presented at the meeting.
(c) If any roadway has been established as a municipal street at any time,
s such street shall not be vacated by any method other than an ordinance
approved by the governing body of the municipality.
(d) If any roadway has been established as a state highway, such roadway
shall not be vacated or abandoned by any method other than a resolution
approved by the transportation commission pursuant to section 43-1-106
(11).
(e) Paragraphs (b), (c), and (d) of this subsection (2) shall not apply to
any roadway that has been established but has not been used as a roadway
after such establishment.
(f) If any roadway is vacated or abandoned, the documents vacating or
abandoning such roadway shall be recorded pursuant to the requirements
of section 43-1-202.7.
(3) In the event of vacation under subsection (1) of this section, rights-of-
way or easements may be reserved for the continued use of existing sewer,
gas, water, or similar pipelines and appurtenances, for ditches or canals and
appurtenances, and for electric, telephone, and similar lines and appurte-
nances.
(4) Any written instrument of vacation or a resubdivision plat purporting
to vacate or relocate roadways or portions thereof which remains of record
in the counties where the roadways affected are situated for a period of seven
years shall be prima facie evidence of an effective vacation of such former
roadways. This subsection (4) shall not apply during the pendency of an
action commenced prior to the expiration of said seven-year period to set
aside, modify, or annul the vacation or when the vacation has been set aside,
modified, or annulled by proper order or decree of a competent court and
such notice of pendency of action or a certified copy of such decree has
been recorded in the recorder's office of the county where the property is
located.
Source: L. 49, p. 621, § 3; CSA, C. 143, § 69(3); CRS 53, 120-1-13; C.R.S.
1963, § 120-14-3; (2) amended, L. 88, p. 1122, § 2, effective April 20; (2)
amended, L. 93, p. 615, § 2, effective April 30.
Editor's note: As to vacation by nonuser following admitted statutory dedication and accep-
tance, compare Crane v. Beck, 133 Colo. 325, 295 P.2d 222 (1956) and Uhl v. McEndaffer,
123 Colo. 69,225 P.2d 839(1950).
Commissioner BRINKMAN responded to Mr. Craig's concerns stating that the City is only
attempting to refine language and clear up vague areas in the code in order to address nuisance
properties, and not to get rid of horse properties. Commissioner GOKEY assured Mr. Craig
that the City has no intention to make him get rid of his barn or his horse.
Following the public comments, Mr. Dahl stated that he understood the direction to be as
follows: (1) lot sizes, setbacks and corral sizes should not be changed; (2) the nonconforming
or amortization schedule should not be changed; (3) the horse equivalent units should remain
as recommended by the Animal Control Commission; and (4) that effort should be
concentrated on the nuisance aspect of the code. He informed that he would obtain sample
ordinances from other entities regarding enforcement of these types of nuisance problems.
Commissioner SNOW suggested that the horse equivalent units include one horse, one cow,
one burrow, one mule, one llama, four sheep and two goats and noted that there have been
numerous complaints about goats in past years. She was also concerned that the ordinance
doesn't result in allowing even more animals to be kept in the city. .
Commissioners BRINKMAN and SHOCKLEY felt that the Animal Control Commission's
recommendations should be followed.
Commissioner SNOW requested that- Section I-A of the proposed ordinance be incorporated
into Section 1-C.
Mr. Dahl suggested that the section concerning the removal of horses to summer pastures
needs to be clarified and a time limit determined.
Commissioner BRINKMAN asked if it could be made mandatory that prospective property
owners be given a list of adjacent properties and their zoning before they purchase a house
(similar to flood plain requirements.) It was a consensus of the Commission that the City
should not be involved in this process.
Chair THOMPSON declared a recess at 10:08 p.m. The meeting was reconvened at 10:25
p.m.
Chair THOMPSON declared the public hearing portion of the meeting open.
B. ?Case No. ZOA-98-04: 'The Planning and Development Department is proposing to amend
Section 26-6 of the Code of Laws: Legislative and Administrative process and procedures
concerning right-of-way vacations.
Meredith Reckert presented this item and referred to the staff s recommendations for an
amendment to Section 26-6: Legislative and Administrative Process and Procedures: Right-
of-way Vacation Procedures. She informed that the City has been following those procedures
and using the criteria in all of the vacation cases, but the procedure has never been formally
Planning Commission Minutes Page 6
05/21/98 -
adopted. The Public Works Department and the City Attorney have reviewed staff's
recommendations and their comments have been incorporated into the proposed language.
Following discussion, Commissioner SNOW moved and Commissioner SHOCKLEY
seconded that Case No. ZOA-984, an amendment to Section 26-6 of the Wheat Ridge Code
of Laws - Legislative and Administrative Process and procedures, be recommended for
APPROVAL to the City Council for the following reasons:
1. The City has no existing legislation in place.
2. It is consistent with State Law
3. The City Attorney has reviewed the proposed language and his comments have
been incorporated.
With the following conditions:
a. That the language in item #I and item #4 under the "Criteria for Review"
section be reworded to be consistent with the state statute.
The motion passed by a vote of 6-0 with Commissioner DUNN absent.
C. Case No. ZOA-98-02: The Planning and Development Department is proposing to amend
Sections 26-20 (B) and (E), and 26-22 (B) of the code of Laws concerning counseling and
treatment clinics in the R-C1 and R-C and C-1 zone districts.
This matter was presented by Alan White. The proposed Code Amendment would modify
current language in the Code dealing with counseling and treatment clinics. Different
wording is used in the various commercial zone districts, creating inconsistency among the
districts. The need for this amendment resulted from a special use application heard by the
Planning Commission for a treatment clinic on Harlan which resulted in the Board of
Adjustment making an interpretation that non-residential counseling and treatment facilities
were intended to be permitted uses in the Restricted Commercial zone district.
Following discussion, Commissioner SNOW moved and Commissioner SHOCKLEY
seconded that the Planning Commission approve the ordinance amending Sections 26-20 (B)
and (E), 26-21 (E), and 26-22 (B) of the Wheat Ridge Code of Laws concerning counseling
and treatment clinics in the RC-1, R-C and C-1 zone districts, and that Section 4 (8) should
contain the same language as Section 3 (1), and that the comma after the word "alcoholism in
the fourth line of Section 3 (1) be changed to a period.
Commissioner BRINKMAN expressed concern about the use of the word "problem" in the
ordinance and offered an amendment that the word "problem be replaced with the word
"condition" throughout the entire ordinance. This amendment was accepted by
Commissioners SNOW and SHOCKLEY.
Planning Commission Minutes Page
05/21/98
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Planning Commission
h~
FROM: ' Meredith Reckert
SUBJECT: Case No. ZOA-98-4/Right-of-Way Vacation Procedures
DATE: May 14, 1998
Attached, please find staffs recommendations for amendment to Section 26-6: Legislative and
Administrative Process and Procedures - Right-of-Way Vacation procedures. We have been
following these procedures and using the criteria in all of our vacation cases, but it has never
been formally adopted.
The Public Works Department and the City Attorney have reviewed staff s recommendations and
their comments have been incorporated into the proposed language.
RECOMMENDED MOTION:
Option A: "I move that Case No. ZOA-98-4, an amendment to Section 26-6 of the Wheat Ridge
Code of Laws - Legislative and Administrative Process and Procedures, be recommended for
APPROVAL to the City Council for the following reasons:
1. The City has no existing legislation in place.
2. It is consistent with State Law.
3. The City Attorney has reviewed the proposed language and his comments have
been incorporated."
eAp1=ing\foms\memotemp
~I
SECTION 26-6: LEGISLATIVE AND ADMINISTRATIVE PROCESS AND PROCEDURES
(H) RIGHT-OF-WAY VACATIONS
Street right-of-way vacations can occur by ordinance or by final plat and can be initiated by
either the City of Wheat Ridge or by a private party.
1. VACATIONS BY PLAT
When a street is being vacated as part of the platting process it shall be graphically shown and
shall be designated as being "hereby vacated". The document for vacation in this instance shall
follow the form and content of a final plat outlined in Section 3.C. of the Subdivision
Regulations and shall be processed in accordance with Section 3.C.1. "Processing of the Final
Plat". All submittal requirements of the platting process shall be provided by the applicant.
There shall not be an additional charge for the processing of the vacation in this instance.
2. VACATIONS BY ORDINANCE
Applications for vacation by ordinance may also be originated by the City of Wheat Ridge or by
a private property owner. If it is a City-initiated vacation, the Department of Public Works shall
prepare a legal description of the right-of-way proposed to be vacated attached to an
administrative process application signed by the Mayor of the City of Wheat Ridge or his
representative. The filing fee in this instance shall be waived. The City will provide all other
supplemental information required to process the City-initiated application.
If a private party is applying for the vacation, he or she will be responsible for the preparation
and submittal of an application package including the following items:
a. Legal description of the proposed right-of-way to be vacated prepared, signed and
sealed by a land surveyor registered in the State of Colorado.
b. Name and mailing address of the original, recorded conveyance document.
C. Name and addresses of all property owners adjacent to or otherwise affected by
the vacation.
d. A completed administrative process application form provided by the Department
of Planning and Development with a fee of $200.
e. Additional written information in sufficient detail to convey the full intent of the
applicant requesting the vacation.
PROCESSING THE APPLICATION
Upon receipt of a complete application packet as described above, a case manager from the
Department of Planning and Development shall proceed with the following process:
a. Refer the application to affected public agencies, City Departments and utilities
for review and comment.
A-~
b. Within thirty (30) days of acceptance of a completed application packet, notice
shall be given of a scheduled public hearing on the application in front of
Planning Commission with notice by publication, letter and site posting in the
manner provided in Section 26-6(F)(2) - (6) of the Wheat Ridge Code of Laws.
C. Prepare a written report to the Planning Commission which evaluates the
proposal, makes findings, and recommendations using the review criteria set
forth in Section - below.
CRITERIA FOR REVIEW:
Before a street right-of-way vacation is approved, the applicant shall show and the Planning
Commission and City Council shall make the following determinations:
1. That the proposed vacation will not leave any adjoining land without an
established public road connecting said land with another established public road.,
2. That the proposed vacation is in conformity with the goals and policies of the
Transportation Section of the Comprehensive Plan of the City of Wheat Ridge.,
3. That the proposed vacation will not have a negative impact on the infrastructure
of the City of Wheat Ridge.,
4. That adequate easements have been reserved for use and/or maintenance by the
City or other utility agencies.
PLANNING COMMISSION REVIEW
Planning Commission shall hear and consider any evidence or statement presented by the
applicant, City Staff, or by any person in attendance at the hearing. The Planning Commission
shall then make a recommeneation to City Council to approve, approve with conditions or deny
the application, basing its recommendations on the facts presented in the public hearing as
applied to the Criteria for Review as specified in subsection , hereof. Planning Commission
may recommend conditions or stipulations, which may include use limitations or operational
stupulations such as reservation of utility easements or access easements. A recommendation of
denial shall be considered final, unless the applicant files an appeal to City Council, with the City
Clerk within ten (10) working days of the Planning Commission decision.
CITY COUNCIL REVIEW
City Council shall review and decide upon all requests for right-of-way vacations, upon
recommendation of Planning Commission for approval, or upon appeal by an applicant of a
recommendation for denial by Planning Commission. Vacations shall be approved by passage of
an ordinance, following the City's standard ordinance adoption procedures, or by final plat
approval in which case a separate ordinance is not required. Notice of public hearing shall be by
publication, letter and site posting in the manner provided in subsection. hereof. City
Council in addition to consideration of the Planning Commission record shall hear additional
evidence and testimony presented and either approve, approve with modifications, or deny the
ordinance. City Council shall base its decision upon all evidence presented, with due
consideration of the Criteria for Review as setforth under subsection__, hereof.
/i 5
RECORDATION
All approved vacation ordinances or plats with street vacations shall be recorded with the
Jefferson County Clerk and Recorder by the City within thirty (30) days of the effective date of
such ordinance or plat approval.
VESTING OF TITLE
When a right-of-way is vacated, title to the vacated right-of-way shall vest with adjacent property
owners or the original grantor or its successors-in-interest as provided by C.R.S. 43-2-30, et seq.
d!q
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on May 21, 1998, at 7:30 p.m. at 7500 West 29th Avenue, Wheat
Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit
written comments. The following petitions shall be heard:
Case No. ZOA-98-02: The City of Wheat Ridge is proposing to amend Sections 26-20
(B) and (E), 26-21 (E) and 26-22 (B) of the Code of Laws concerning counseling and
treatment clinics in the R-C 1, R-C and C-1 zone districts.
2. Case No. ZGA-98-04: The City of Wheat-Ridge is proposing to amend Section 26-6 of
the Code of Laws: Legislative and Administrative Process and Procedures concerning
right-of-way vacations.
X&~t L'Q Is' at D~'
Barbara Delgadillo, Plrining Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: May 1, 1998
Wheat Ridge Transcript
AAA-21meeting publications,wpd
GORSUCH KIRGIS L.L.C.
SUITE 1100
1401 SEVENTEENTH STREET
DENVER, COLORADO 80202
September 8, 1997
Meredith Reckert, Planner
City of Wheat Ridge
7500 West 29`h Avenue
Wheat Ridge, Colorado 80215
ATTORNEYS AT LAW
TELEPHONE (303) 299-8900
FAX (303) 298-0215
MAILING ADDRESS
P.O. Box 17180
DENVER, COLORADO 80217-0180
GERALD E. DAHL
DIRECT DIAL: 303-299-8930
Re: Vacation of Rights-of-Way
Dear Meredith:
I have reviewed your memorandum to me dated May 19, 1995 (and re-dated
August 5, 1997) entitled "Recommended Right-of-Way Vacation Procedure". I
believe that it properly states the law and sets forth an understandable procedure
for the City and private property owners to follow in requesting vacation of rights-
of-way. I have the following policy comments:
1 . You have provided that the Planning Commission reviews and makes a
determination, which if the recommendation is for denial, is final
unless an appeal is filed with the City Council. As you know, the
statute does not require Planning Commission involvement; however,
as a home rule municipality, I believe that the City of Wheat Ridge can
certainly nrrnyide Chic role for the Planning; Commission if it wishes.
2. 1 suggest that at the end of the document entitled "Vesting of Title,"
be deleted, or, in the alternative, that it be expanded to encompass
the additional possibilities under the statute. You have properly set
forth the two primary ways in which title to a vacated roadway vests,
based upon the history of the original dedication. However, there are
at least two other possibilities:
Vacation of less than the entire width;
X Vacation of a roadway constituting the exterior
boundary of a subdivision.
GED\53027\260650.01
Meredith Reckert
September 8, 1997
Page 2
It seems tope that property owners might be encouraged to rely upon
these statements, and they will not be precisely true in each case,
especially where the facts are less than clear. It would be preferable
to have the section simply read: "when a right-of-way is vacated, title
to the vacated right-of-way shall vest in adjacent property owners or
the original grantor or its successors-in-interest as provided by C.R.S.
§ 43-2-30, et sea."
After you have had a chance to look these comments over, please let me
know if you would like me to place the document in ordinance format.
Sincerely,
GOR UCH KIRGIS L.L.
Gerald E. Dahl
GED/pv
GEDA53027A260650.01
M E M O R A N D U M
TO: Gerry Dahl, City Attorney
FROM: °Meredith Reckert, Planner
RE: Recommended Right-of-Way Vacation Procedure
DATE : May--44-,-±197!-r- p l t q wS S~ I q q - -
Please find attached a draft of my recommendation for right-of-
way vacation procedures.
I would appreciate your review and comments. As a side note, I
drafted this about two years ago, and it didn't go anywhere. Is
it close enough to propose as an official zoning ordinance
amendment case?
Also, please excuse the typos and format problem. I did this
myself.
MR:slw
attachment
b:\mr51995.mem
SECTION 26: LEGISLATIVE AND ADMINISTRATIVE PROCESS AND PROCEDURES
RIGHT-OF-WAY VACATIONS
Street right-o£-way vacations can occur by ordinance or by final
plat and can be initiated by either the City of Wheat Ridge or by
a private party.
VACATIONS BY PLAT
When a street is being vacated as part of the platting process it
shall be graphically shown and shall be designated as being
"hereby vacated". The document for vacation in this instance
shall follow the form and content of a final plat outlined in
Section 3.C. of the Subdivision Regulations and shall be
processed in accordance with Section 3.C.1. "Processing of the
Final Plat". All submittal requirements of the platting process
shall be provided by the applicant. There shall not be an
additional charge for the processing of the vacation in this
instance.
VACATIONS BY ORDINANCE
Applications for vacation by ordinance may also be originated by
the City of Wheat Ridge or by a private property owner. If it
is a City-initiated vacation, the Departement of Public Works
shall prepare a legal description of the right-of-way proposed to
be vacated attached to an application signed by the Mayor of the
City of Wheat Ridge. The filing fee in this instance shall be
waived. The City will provide all other supplemental information
required to process the City-initiated application.
If a private party is applying for the vacation, he or she will
be responsible for submitting an application package including
the following items:
1. Legal description of the proposed right-of-way to be
vacated prepared, signed and sealed by a land surveyor
registered in the State of Colorado.
2. Name and mailing address of the original grantor and a
copy of the original, recorded conveyance document.
3. Names and addresses of all property owners adjacent
to or otherwise affected by the vacation.
4. A completed application form provided by the Department
of Planning and Development with a fee of $100.
5. Additional written information in sufficient detail to
convey the full intent of the applicant requesting the
vacation shall be required with the application.
PROCESSING THE APPLICATION
Upon receipt of a complete application packet as described
above, the Planning and Development Deparatment shall proceed
with the following process:
1.
2.
Refer the application to affected public agencies and
utilities for review and comment.
Within thirty (30) days of acceptance of a completed
application packet, notice shall be given of a scheduled
public hearing on the application with notice by
publication, letter and site posting in the manner as
provided in subsection 26.F. of the Appendix A. Zoning
Ordinance.
3. Prepare a written report and recommendations to the
Planning Commission which evaluates the proposal, makes
findings, and makes recommendations using the following
review criteria set forth in Section below.
CRITERIA FOR REVIEW:
Before a Street Right-of-Way Vacation is approved, the applicant
shall show and the Planning Commission and City Council shall
make the following determinations:
1. That the proposed vacation will not leave any
adjoining land without an established public road
connecting said land with another established public
road.
2. That the proposed vacation is in conformity with
the goals and policies of the Transportation Section of
the Comprehensive Plan of the City of Wheat Ridge.
3. That the proposed vacation will not have an impact on
the infrastructure of the City of Wheat Ridge.
4. That adequate easements have been reserved for use
and/or maintenance by the City or other utility
agencies.
PLANNING COMMISSION REVIEW
Planning Commission shall hear and consider any evidence or
statement presented by the applicant, City Staff, or by any
person in attendance at the hearing. The Planning Commission
shall then make a recommendation to City Council to approve,
approve with conditions or deny the application, basing its
recommendation upon the facts presented in the public hearing in
consideration of the Criteria for Review as specified in
subsection hereof. Planning Commission may recommend
conditions or stipulations, which may include use limitations or
operational stipulations such as reservation of utility easements
and/or access easements. A recommendation of denial shall be
considered final, unless the applicant files an appeal to City
Council, with the City Clerk within ten (10) working days of the
Planning Commission decision.
CITY COUNCIL REVIEW
City Council shall review and decide upon all requests for
right-of-way vacations, upon recommendation of Planning
Commission for approval, or upon appeal by an applicant of a
recommendations for denial by Planning Commission. Vacations
may be approved by passage of an ordinance, following the City's
standard ordinance adoption procedures or by final plat approval
whereby a separate ordinance is not required. Notice of public
hearing shall be by publication, letter and site posting in the
manner provided in subsection 26.F., hereof. City Council,
in addition to consideration of the Planning Commission record
shall hear additional evidence and testimony presented and either
approve, approve with modifications, or deny the ordinance. City
Council shall base its decision upon all evidence presented, with
due consideration of the Criteria for Review as set forth under
subsection , hereof.
RECORDATION
All approved vacation ordinances or plats with street vacations
shall be recorded with the Jefferson County Clerk and Recorder
by the City within thirty (30) days of the effective date of such
ordinance or plat approval.
VESTING OF TITLE
1. When a road which was dedicated by subdivision is
vacated, title of the vacated land shall vest in the
owners of the land abutting the road (provided that it
was taken from that land when it was dedicated for
public use). Each of the abutting owners shall
take title to the center of the roadway.
2. When a road being vacated was not dedicated by
subdivision but by separate document, the land being
vacated shall be vested with the original grantor or his
or her successors.
<LDR>ROWVACATIONS
shall hear additional evidence and testimony presented and either
approve, approve with modifications, or deny the ordinance. City
Council shall base its decision upon all evidence presented, with
due consideration of the Criteria for Review as set forth under
subsection hereof.
RECORDATION
All approved vacation ordinances or plats with street vacations
shall be recorded with the Jefferson County Clerk and Recorder
by the City within thirty (30) days of the effective date of such
ordinance or plat approval.
VESTING OF TITLE
1. When a rid which was dedicated b subdivision is
vacated, title of the vacated lan shall vest in the
owners of the land abutting the (provided that it
was taken from that land when it was dedicated for
public use). Each of the abutting owners shall
t center of the raadway. _
take titV
2. When a eing
vacated was not dedicated by
subdivision but by separate document, the land being
vacated shall be vested with the original grantor or his
or her successors.
<LDR>ROWVACATIONS
jlz
pr~
7vL
~ I
M E M O R A N D U M
TO: Public Works Department
FROM: 'Meredith Reckert, Planner
RE: Policy on City-initiated right-of-way vacations
DATE: March 11, 1992
At the Planning Commission public hearing on March 5, 1992, there
was much discussion regarding City-initiated right-of-way
vacations and the establishment of a policy regarding application
materials and processing for these cases.
The Planning Commission reviewed a request for a right-of-way
vacation for the southern 15 feet of West 39th Avenue west of
Hoyt Court for a length of 140 feet. It became apparent as the
staff gave the presentation that there is excess right-of-way for
West 39th Avenue to the west and the north which was not being
considered for vacation. Planning Commission expressed
frustration regarding the need and trouble of having a public
hearing for a portion of unused right-of-way when there are
several other unused segments of the street which also need to be
vacated. There was additional concern expressed regarding
vagueness of the background information provided.
Therefore, at their request we are establishing a policy for
application materials for all City-initiated right-o£-way
vacations. These requests will not be scheduled for public
hearing until the following materials have been submitted to the
Department of Planning and Development as an application package:
1. Copy of the original dedicatory document;
2. A record of the original grantor and the land from which the
dedication came;
3. A list of the current adjacent property owners with copies of
deeds for ownership;
4. Legal description(s) for all excess right-of-way in an area
or for an entire street to be considered at one hearing;
5. An explanation of why the vacation is being requested;
6. A completed application form.
7. Stakes shall be placed in the ground identifying the
boundaries of the proposed vacation.
MR:slw
i
SECTION 26: LEGISLATIVE AND ADMINISTRATIVE PROCESS AND PROCEDURES
RIGHT-OF-WAY VACATIONS
Street right-of-way vacations
plat and can be initiated by
a private party.
VACATIONS BY PLAT
can occur by ordinance or by
either the City of Wheat Ridge
final°
or by
When a street is being vacated as part of the platting process Wit'
shall be graphically shown and shall be designated as being
"hereby vacated". The document for vacation in this instance
shall follow the form and content of a final plat outlined in
Section 3.C. of the Subdivision Regulations and shall be
processed in accordance with Section 3.C.1. "Processing of the
Final Plat". All submittal requirements of the platting process
shall be provided by the applicant. There shall not be an
additional charge for the processing of the vacation in this
instance.
VACATIONS BY ORDINANCE
Applications for vacation by ordinance may A'143 be originated by
the City of Wheat Ridge or by a private property owner. If it
is a City-initiated vacation, the Departement of Public Works
shall prepare a legal description of the right-of-way proposed to
be vacated attached to an application signed by the Mayor of the
City of Wheat Ridge. The filing fee in this instance shall be
waived. The City will provide all other supplemental information
required to process the City-initiated application.
If a private party is applying for the vacation, he or she will
be responsible for submitting an application package including
the following items:
1. Legal description of the proposed right-of-way to be
vacated prepared, signed and sealed by a land surveyor
registered in the State of Colorado.
2. Name and mailing address of the original grantor and a
copy of the original, recorded conveyance document.
3. Names and addresses of all property owners adjacent
to or otherwise affected by the vacation.
4. A completed application form provided by the Department
of Planning and Development with a fee of $100.
5. Additional written information in sufficient detail to
convey the full intent of the applicant requesting the
vacation shall be required with the application.
PROCESSING THE APPLICATION
Upon receipt of a complete application packet as described
above, the Planning and Development Deparatment shall proceed
with the following process:
1. Refer the application to affected public agencies and
utilities for review and comment.
2. Within thirty (30) days of acceptance of a completed
application packet, notice shall be given of a scheduled
public hearing on the application with notice by
publication, letter and site posting in the manner as
provided in subsection 26.F. of the Appendix A. Zoning
Ordinance.
3. Prepare a written report and recommendations to the
Planning Commission which evaluates the proposal, makes
findings, and makes recommendations using the following
review criteria set forth in Section below.
CRITERIA FOR REVIEW:
Before a Street Right-o£-Way Vacation is approved, the applicant
shall show and the Planning Commission and City Council shall
make the following determinations:
1. That the proposed vacation will not leave any
adjoining land without an established public road
connecting said land with another established public
road.
2. That the proposed vacation is in conformity with
the goals and policies of the Transportation Section of
the Comprehensive Plan of the City of Wheat Ridge.
3. That the proposed vacation will not have an impact on
the infrastructure of the City of Wheat Ridge.
4. That adequate easements have been reserved for use
and/or maintenance by the City or other utility
agencies.
PLANNING COMMISSION REVIEW
Planning Commission shall hear and consider any evidence or
statement presented by the applicant, City Staff, or by any
person in attendance at the hearing. The Planning Commission
shall then make a recommendation to City Council to approve,
approve with conditions or deny the application, basing its
recommendation upon the facts presented in the public hearing in
consideration of the Criteria for Review as specified in
subsection , hereof. Planning Commission may recommend
conditions or stipulations, which may include use limitations or
operational stipulations such as reservation of utility easements
and/or access easements. A recommendation of denial shall be
considered final, unless the applicant files an appeal to City
Council, with the City Clerk within ten (10) working days of the
Planning Commission decision.
CITY COUNCIL REVIEW
City Council shall review and decide upon all requests for
right-of-way vacations, upon recommendation of Planning
Commission for approval, or upon appeal by an applicant of a
recommendations for denial by Planning Commission. Vacations
may be approved by passage of an ordinance, following the City's
standard ordinance adoption procedures or by final plat approval
whereby a separate ordinance is not required. Notice of public
hearing shall be by publication, letter and site posting in the
manner provided in subsection 26.F., hereof. City Council,
in addition to consideration of the Planning Commission record
shall hear additional evidence and testimony presented and either
approve, approve with modifications, or deny the ordinance. City
Council shall base its decision upon all evidence presented, with
due consideration of the Criteria for Review as set forth under
subsection , hereof.
RECORDATION
All approved vacation ordinances or plats with street vacations
shall be recorded with the Jefferson County Clerk and Recorder
by the City within thirty (30) days of the effective date of such
ordinance or plat approval. I
VESTING OF TITLE
1. When a raed which was dedicated b subdivision is
vacated, title of the vacated lan shall vest in the
owners of the land abutting the (provided that it
was taken from that land when it was dedicated for
public use). Each of the abutting owners shall
take title to t center of the rcra&;ay.
2. When a d being vacated was not dedicated by
subdivision but by separate document, the land being
vacated shall be vested with the original grantor or his
or her successors.
<LDR>ROWVACATIONS
SECTION 26: LEGISLATIVE AND ADMINISTRATIVE PROCESS AND PROCEDURES
RIGHT-OF-WAY VACATIONS
Street right-of-way vacations can occur by ordinance or by final
plat and can be initiated by either the City of Wheat Ridge or by
a private party.
VACATIONS BY PLAT
When a street is being vacated as part of the platting process it
shall be graphically shown and shall be designated as being
"hereby vacated". The document for vacation in this instance
shall follow the form and content of a final plat outlined in
Section 3.C. of the Subdivision Regulations and shall be
processed in accordance with Section 3.C.1. "Processing of the
Final Plat". All submittal requirements of the platting process
shall be provided by the applicant. There shall not be an
additional charge for the processing of the vacation in this
instance.
VACATIONS BY ORDINANCE
Applications for vacation by ordinance may also be originated by
the City of Wheat Ridge or by a private property owner. If it
is a City-initiated vacation, the Departement of Public Works
shall prepare a legal description of the right-of-way proposed to
be vacated attached to an application signed by the Mayor of the
City of Wheat Ridge. The filing fee in this instance shall be
waived. The City will provide all other supplemental information
required to process the City-initiated application.
If a private party is applying for the vacation, he or she will
be responsible for submitting an application package including
the following items:
1. Legal description of the proposed right-of-way to be
vacated prepared, signed and sealed by a land surveyor
registered in the State of Colorado.
2. Name and mailing address of the original grantor and a
copy of the original, recorded conveyance document.
3. Names and addresses of all property owners adjacent
to or otherwise affected by the vacation.
4. A completed application form provided by the Department
of Planning and Development with a fee of $100.
5. Additional written information in sufficient detail to
convey the full intent of the applicant requesting the
vacation shall be required with the application.
PROCESSING THE APPLICATION
Upon receipt of a complete application 'packet as described
above, the Planning and Development Deparatment shall proceed
with the following process:
1. Refer the application to affected public agencies and
utilities for review and comment.
2. Within thirty (30) days of acceptance of a completed
application packet, notice shall be given of a scheduled
public hearing on the application with notice by
publication, letter and site posting in the manner as
provided in subsection 26.F. of the Appendix A. Zoning
Ordinance.
3. Prepare a written report and recommendations to the
Planning Commission which evaluates the proposal, makes
findings, and makes recommendations using the following
review criteria set forth in Section below.
CRITERIA FOR REVIEW:
Before a Street Right-of-Way Vacation is approved, the applicant
shall show and the Planning Commission and City Council shall
make the following determinations:
1. That the proposed vacation will not leave any
adjoining land without an established public road
connecting said land with another established public
road.
2. That the proposed vacation is in conformity with
the goals and policies of the Transportation Section of
the Comprehensive Plan of the City of Wheat Ridge.
3. That the proposed vacation will not have an impact on
the infrastructure of the City of Wheat Ridge.
4. That adequate easements have been reserved for use
and/or maintenance by the City or other utility
agencies.
PLANNING COMMISSION REVIEW
Planning Commission shall hear and consider any evidence or
statement presented by the applicant, City Staff, or by any
person in attendance at the hearing. The Planning Commission
shall then make a recommendation to City Council to approve,
approve with conditions or deny the application, basing its
recommendation upon the facts presented in the public hearing in
consideration of the Criteria for Review as specified in
subsection , hereof. Planning Commission may recommend
conditions or stipulations, which may include use limitations or
operational stipulations such as reservation of utility easements
and/or access easements. A recommendation of denial shall be
considered final, unless the applicant files an appeal to City
Council, with the City Clerk within ten (10) working days of the
Planning Commission decision.
CITY COUNCIL REVIEW
City Council shall review and decide upon all requests for
right-of-way vacations, upon recommendation of Planning
Commission for approval, or upon appeal by an applicant of a
recommendations for denial by Planning Commission. Vacations
may be approved by passage of an ordinance, following the City's
standard ordinance adoption procedures or by final plat approval
whereby a separate ordinance is not required. Notice of public
hearing shall be by publication, letter and site posting in the
manner provided in subsection 26.F., hereof. City Council,
in addition to consideration of the Planning Commission record
shall hear additional evidence and testimony presented and either
approve, approve with modifications, or deny the ordinance. City
Council shall base its decision upon all evidence presented, with
due consideration of the Criteria for Review as set forth under
subsection hereof.
RECORDATION
All approved vacation ordinances or plats with street vacations
shall be recorded with the Jefferson County Clerk and Recorder
by the City within thirty (30) days of the effective date of such
ordinance or plat approval.
VESTING OF TITLE
1. When a road which was dedicated by subdivision is
vacated, title of the vacated land shall vest in the
owners of the land abutting the road (provided that it
was taken from that land when it was dedicated for
public use). Each of the abutting owners shall
take title to the center of the roadway.
2. When a road being vacated was not dedicated by
subdivision but by separate document, the land being
vacated shall be vested with the original grantor or his
or her successors.
<LDR>ROWVACATIONS
M
M E M O R A N D U M
TO: Glen Gidley, Director of Planning & Development
Bob Goebel, Director of Public Works
John Hayes, City Attorney
Greg Moberg, Planner
FROM: Meredith Reckert, Planner
RE: Recommendation-Right-o£-Way Vacation Procedure
DATE: September 11, 1991
Please find attached a draft of my recommendation for right-of-
way vacation procedures.
I would appreciate your review and comments. One issue I didn't
address is do we want to always be responsible for preparing quit
claim deeds? Or, shall we make the adjacent property owners
responsible for claiming title?
P.S. Please excuse the typos. I did this myself.
MR:slw
attachment
SECTION 26: LEGISLATIVE AND ADMINISTRATIVE PROCESS AND PROCEDURES
RIGHT-OF-WAY VACATIONS
Street right-of-way vacations can occur by ordinance or by final
plat and can be initiated by either the City of Wheat Ridge or by
a private party.
VACATIONS BY PLAT
When a street is being vacated as part of the platting process it
shall be graphically shown and shall be designated as being
"hereby vacated". The document for vacation in this instance
shall follow the form and content of a final plat outlined in
Section 3.C. of the Subdivision Regulations and shall be
processed in accordance with Section 3.C.1. "Processing of the
Final Plat". All submittal requirements of the platting process
shall be provided by the applicant. There shall not be an
additional charge for the processing of the vacation in this
instance.
VACATIONS BY ORDINANCE
Applications for vacation by ordinance may also be originated by
the City of Wheat Ridge or by a private property owner. If it
is a City-initiated vacation, the Departement of Public Works
shall prepare a legal description of the right-of-way proposed to
be vacated attached to an application signed by the Mayor of the
City of Wheat Ridge. The filing fee in this instance shall be
waived. The City will provide all other supplemental information
required to process the City-initiated application.
If a private party is applying for the vacation, he or she will
be responsible for submitting an application package including
the following items:
1. Legal description of the proposed right-of-way to be
vacated prepared, signed and sealed by a land surveyor
registered in the State of Colorado.
2. Name and mailing address of the original grantor and a
copy of the original, recorded conveyance document.
3. Names and addresses of all property owners adjacent
to or otherwise affected by the vacation.
4. A completed application form provided by the Department
of Planning and Development with a fee of $100.
5. Additional written information in sufficient detail to
convey the full intent of the applicant requesting the
vacation shall be required with the application.
PROCESSING THE APPLICATION
Upon receipt of a complete application packet as described
above, the Planning and Development Deparatment shall proceed
with the following process:
1. Refer the application to affected public agencies and
utilities for review and comment.
2. Within thirty (30) days of acceptance of a completed
application packet, notice shall be given of a scheduled
public hearing on the application with notice by
publication, letter and site posting in the manner as
provided in subsection 26.F. of the Appendix A. Zoning
Ordinance.
3. Prepare a written report and recommendations to the
Planning Commission which evaluates the proposal, makes
findings, and makes recommendations using the following
review criteria set forth in Section below.
CRITERIA FOR REVIEW:
Before a Street Right-o£-Way Vacation is approved, the applicant
shall show and the Planning Commission and City Council shall
make the following determinations:
1. That the proposed vacation will not leave any
adjoining land without an established public road
connecting said land with another established public
road.
2. That the proposed vacation is in conformity with
the goals and policies of the Transportation Section of
the Comprehensive Plan of the City of Wheat Ridge.
3. That the proposed vacation will not have mpact on
the infrastructure of the City of Wheat Ridge. -
4. That adequate easements have been reserved for use
and/or maintenance by the City or other utility
agencies.
PLANNING COMMISSION REVIEW
Planning Commission shall hear and consider any evidence or
statement presented by the applicant, City Staff, or by any
person in attendance at the hearing. The Planning Commission
shall then make a recommendation to City Council to approve,
approve with conditions or deny the application, basing its
recommendation upon the facts presented in the public hearing
e:r-dtion=eFfl the Criteria for Review as specified in
subsection hereof. Planning Commission may recommend 7
conditions or stipulations, which may include use limitations or
operational stipulations such as reservation of utility easements
and/or access easements. A recommendation of denial shall be
considered final, unless the applicant files an appeal to City
Council, with the City Clerk within ten (10) working days of the
Planning Commission decision.
CITY COUNCIL REVIEW
City Council shall review and decide upon all requests for
right-of-way vacations, upon recommendation of Planning
Commission for approval, or upon appeal by an applicant of a
.0^,~for denial by Planning Commission. Vacations
recommendation
may be approved°by passage of an ordinance, following the City's
standard ordinance adoption procedures~or by final plat approval
,aAkwherp-b~a separate ordinance is not required. Notice of public
hearing shall be by publication, letter and site posting in the
manner provided in subsection 26.F., hereof. City Council,
in addition to consideration of the Planning Commission record
shall hear additional evidence and testimony presented and either
approve, approve with modifications, or deny the ordinance. City
Council shall base its decision upon all evidence presented, with
due consideration of the Criteria for Review as set forth under
subsection , hereof.
RECORDATION
All approved vacation ordinances or plats with street vacations
shall be recorded with the Jefferson County Clerk and Recorder
by the City within thirty (30) days of the effective date of such
ordinance or plat approval.
VESTING OF TITLE
1.
2.
When a road which was dedicated by subdivision is
vacated, title of the vacated land shall vest in the
owners of the land abutting the road (provided that it
was taken from that land when it was dedicated for
public use). Each of the abutting owners shall
take title to the center of the roadway.
When a road being vacated was not dedicated by
subdivision but by separate document, the land being
vacated shall be vested with the original grantor or his
or her successors.
<LDR>ROWVACATIONS
HAYES, PHILLIPS & MALONEY, P.C.
Attorneys at Law
Suite 450, The Market Center
1350 Seventeenth Street
Denver, Colorado 80202-1517
(303) 825-6444
Telecopier: (303) 825-1269
John E. Hayes
Herbert C. Phillips
James S. Maloney
Paul Godec
M. Susan Lombardi LEGAL
CITY OF WHEAT RIDGE
TO: Greg Moberg, Planner
FROM: John E. Hayes, Esq. City Attorney
DATE. June 28, 1991
RE: Vacation of Right-of-Way Procedures
Of Counsel:
Marcia M. Hughes
Pursuant to your memorandum of May 20, 1991, I would like to
offer some general comments regarding the City's procedures
presently utilized in vacating previously dedicated right-of-ways,
and also to discuss specifically the proposed vacation of an unused
portion of Garrison Street north of 35th Avenue wherein Pat and
Allen Held are the applicants for a vacation of right-of-way.
Street and highway vacations in Colorado are controlled by
Colo. Rev. Stat. 43-2-301 et sea. Colo. Rev. Stat. 43-2-302 sets
forth the specific provisions for vesting of title upon vacation
of previously dedicated public roadways. A copy of the State
statutory provisions in question is attached for your convenience.
From the title information which you gave to me with your May
20th memorandum, it seems clear that the entire 40 foot width of
unused Garrison Street in question was dedicated to Jefferson
County by Stephen Novakovich and Amy Jenkins-Novakovich by separate
bargain and sale deeds dated October 5, 1955. There is no evidence
in the information you have given me that the properties in
question have been subdivided either by the County or by the City
(which succeeded to ownership of the dedicated right-of-way upon
incorporation). This being the case, the provisions of 43-2-
302(1)(a) would be applicable, and title to the entire 40 foot
width to be vacated would vest in the original grantor or his/her
successor.
Thus, in this instance, the options of the City are as
follows:
1. If the vacation proceeding continues, title to the
property will vest in the Novakovich family, or their successors;
2. If the City were to not vacate the property, but instead
merely to deed the property, or some portion thereof for access
purposes, the same would be subject to challenge because the
original deeds could arguably be said to have been conveyed only
for roadway purposes;
3. The City could retain ownership to the property as
dedicated, reserved streets; or
4. The owners could be encouraged to meet with the City
Staff, myself included, for the purpose of attempting to arrange
a mutually agreeable solution to the entire situation.
As a more general comment re~ating to the City's procedure in
undertaking street vacations, I do not believe that any change in
policy is required. In my opinion, nothing in the street vacation
statute precludes the City from retaining limited rights of access
for utilities, etc. in property which will not be utilized for
roadway purposes, even though the same was previously dedicated for
that purpose. However, attempts to reserve private vehicular
access through the street vacation process, without the consent of
those who would, under the statute, be entitled to fee title to the
property, is more problematic and more likely to be successfully
challenged. This is especially so where, as in this particular
case, title would vest in one party but the right to use the
property would be retained by a separate party.
I believe our current practice of deeding the property which
is vacated, as well as recording the vacation ordinance, is wise
and helps property owners by making the job of title companies
easier.
In short, I believe that we should continue with our present
policy on street vacations, but, within that process, should be
very aware of those more unusual circumstances, such as this one,
where the ultimate question of title to vacated property is
something other than each abutting owner taking title to the
midpoint of the vacated street or road.
Please call if you have any questions regarding this matter.
2
l:
700
701 State, County, and Municipal Highways 43-2-302
oil or gas field deems
anticipation warrants and shall administer said fund so as to retire such war-
or in part for the con-
rants therefrom at such times and in such manner as the board of county
or highway structures
commissioners may prescribe in the issuance thereof, subject to the limita-
nv an order entered of
tions provided in sections 43-2-214 to 43-2-218.
:he county treasurer to
t retirement fund.
Source: L. 47, p. 750, § 5; CSA, C. 143, § 160; CRS 53, 120-1-21; C.R.S.
1963, § 120-1-17.
S 53, 120-1-18; C.R.S.
43-2-218. Sections supplemental. Sections 43-2-214 to 43-2-218 are supple-
mental and in addition to all other powers and authorities by statute or other-
wise granted and enjoyed by the respective counties of the state.
..rm and establishment of
Source: L. 47, p. 750, § 6; CSA, C. 143, § 161; CRS 53, 120-1-22; C.R.S.
.ii county shall thereupon
1963, § 120-1-18.
_ ::cailable to such county
.!,~r with such additional
determine to be neces-
PART 3
exceed fifty percent
shall be held in said
anent of all outstanding
VACATION PROCEEDINGS: ROADS, STREETS, AND HIGHWAYS
-ad in accordance with
Cross reference: For abandonment of town incorporation, see part 2 of article 3 of title 31.
43-2-301. Definitions. As used in this part 3, unless the context otherwise
1S 53, 120-1-19; C.R.S.
requires:
(1) "Block" means that portion of a subdivision surrounded by streets,
however designated, or other boundary lines and platted as a block, plot,
i the board of county
tract, square, or other designated unit.
"
"
"
"
by resolution
proved
Owner
or
owner of record
includes any person, firm, partner-
(2)
,
ship, association, or corporation.
n, repair, or improve-
by the county itself or
(3) "Roadway" includes any platted or designated public street, alley,
Colorado and with or
lane, parkway, avenue, road, or other public way, whether or not it has been
_
or the share of such
used
as such.
as
i 1, it may resolution
amount t
t
as may b
Source: L. 49, p. 620, § 1; CSA, C. 143, § 69(1); CRS 53, 120-1-11; C.R.S.
he same,
warrants s
;I;
said
1963, § 120-14-1.
,md by him offered for
Lian warrants outstanding
43-2-302. Vesting of title upon vacation. (1) Whenever any roadway has
<'cssment of all property
been designated on the plat of any tract of land or has been conveyed to
`:o warrants shall run for
or acquired by a county or incorporated town or city or by the state or by
;wr bear a rate of interest
any of its political subdivisions for use as a roadway, and thereafter is
vacated, title to the lands included within such roadway or so much thereof
as may be vacated shall vest, subject to the same encumbrances, liens, limita-
CRS 53, 120-1-20; C.R.S.
tions, restrictions, and estates as the land to which it accrues, as follows:
(a) In the event that a roadway which constitutes the exterior boundary
of a subdivision or other tract of land is vacated, title to said roadway shall
vest in the owners of the land abutting the vacated roadway to the same
extent that the land included within the roadway, at the time the roadway
o ^ty treasurer of such
was acquired for public use, was a partof the subdivided land or was a part
inaction with such highway
of the adjacent land.
43-2-302 Highways and Roads 702
(b) In the event that less than the entire width of a roadway is vacated,
title to the vacated portion shall vest in the owners of the land abutting such
vacated portion.
(c) In the event that a roadway bounded by straight lines is vacated, title
to the vacated roadway shall vest in the owners of the abutting land, each
abutting owner taking to the center of the roadway, except as provided in
paragraphs (a) and (b) of this subsection (1). In the event that the boundary
lines of abutting lands do not intersect said roadway at a right angle, the
land included within such roadway shall vest as provided in paragraph (d)
of this subsection (1).
(d) In all instances not specifically provided for, title to the vacated road-
way shall vest in the owners 6f the hbutting land, each abutting owner taking
that portion of the vacated roadway to which his land, or any part thereof,
is nearest in proximity.
(e) No portion of a roadway upon vacation shall accrue to an abutting
roadway.
Source: L. 49, p: 620, § 2; CSA, C. 143, § 69(2); CRS 53, 120-1-12; C.R.S.
1963, § 120-14-2.
Cross references. As to designation of prop-
erty for public use, see § 31-1-108.
Am. Jur.2d. See 39 Am. Jur.2d, Highways,
Streets, and Bridges, § § 142, 184, 185.
C.J.S. See 39A C.I.S., Highways, § 137.
By the dedication under section 31.1-108, the
original owner divests himself of the power of
disposition of the property and vests the city
with this legal power. Buell v. Sears, Roebuck
& Co., 205 F. Supp. 865 (D. Colo. 1962), modi-
fied. 321 F.2d 468 (10th Cit. 1963).
This section vests complete legal title. This
section operates to vest in the adjoining owner
not only the title which initially passed to the
city and county but the complete legal title to
both surface and subsurface rights to vacated
roadway. Buell v. Sears, Roebuck & Co., 321
F.2d 468 (10th Cir. 1963).
Section does not deprive dedicator of property
unconstitutionally. One dedicating highways to
the public by filing plats showing highways
located thereon is not unconstitutionally
deprived of its property by this section which
provides that upon vacation of the highway the
title shall vest in the abutting owner. Buell v.
Sears, Roebuck & Co., 205 F. Supp. 865 (D.
Colo. 1962), modified, 321 F.2d 468 (10th Cit.
1963).
Dedicator is on notice. A dedicator, even
though not immediately divested of subsurface
rights, is on notice at. the time of dedication
that if a portion of the dedicated street should
be vacated by the city and county uncondi-
tional title would vest in the adjoining owner.
Buell v. Sears, Roebuck & Co., 321 F.2d 468
(10th Cir. 1963).
Vacating resolution is final on enactment, and
cannot be rescinded if the rights of third.par-
ties have vested. Sutphin v. Mourning, 642
P.2d 34 (Colo. Ct. App. 1981).
Recording deed after vacation conveys lots
only and not vacated street. Since in legal effect
there was no deed outstanding, the recording
of the original deed after the street vacation
served to convey only the lots and not a por-
tion of the already vacated street. Sky Harbor,
Inc. v. Jenner, 164 Colo. 470, 435 P.2d 894
(1968).
Subsection (1) (a) of this section clearly con-
templates the vacation of the entire roadway.
Buell v. Sears, Roebuck & Co., 205 F. Supp.
865 (D. Colo. 1962), modified, 321 F.2d 468
(10th Cir. 1963).
While subsection (1) (b) of this section was
designed to cover the vacation of less than the
entire width of a highway. Buell v. Sears,
Roebuck & Co., 205 F. Supp. 865 (D. Colo.
1962), modified, 321 F. 2d 468 (10th Cir. 1963).
Subsection (1) (d) prevents disjointed tracts.
Subsection (1) (d) of this section would appear
to carry out the policy of the general assembly
to prevent the creation of any disjointed tracts.
In all situations the vacated roadway vests in
the owners of abutting land. Buell v. Sears,
Roebuck & Co., 205 F. Supp. 865 (D. Colo.
1962), modified, 321 F.2d 468 (10th Cir. 1963).
Subsection (1) (e) of this section expresses a
clear intent to exclude an unvacated highway as
an abutting owner. Buell v. Sears, Roebuck &
Co., 205 F. Supp. 865 (D. Colo. 1962), modi-
fied, 321 F.2d 468 (10th Cir. 1963).
702
dth of a roadway is vacated,
iers of the land abutting such
straight lines is vacated, title
rs of the abutting land, each
dway, except as provided in
i the event that the boundary
oadway at a right angle, the
as provided in paragraph (d)
for, title to the vacated road-
3, each abutting owner taking
his land, or any part thereof,
shall accrue to an abutting
(2); CRS 53, 120-1-12; C.R.S.
ig resolution is final on enactment, and
rescinded if the rights of third.par-
vested. Sutphin v. Mourning, 642
,olo. Ct. App. 1981).
ing deed after vacation conveys lots
tot vacated street. Since in legal effect
t no deed outstanding, the recording
iginal deed after the street vacation
convey only the lots and not a por-
e already vacated street. Sky Harbor,
enner, 164 Colo. 470, 435 P.2d 894
:ion (D (a) of this section clearly con-
the vacation of the entire roadway.
fears. Roebuck & Co., 205 F. Supp.
:olo. 1962), modified, 321 F.2d 468
1963).
subsection (1) (b) of this section was
to cover the vacation of less than the
dth of a highway. Buell v. Sears,
& Co., 205 F. Supp. 865 (D. Colo.
dined, 321 F. 2d 468 (10th Cit. 1963).
ion (1) (d) prevents disjointed tracts.
,n (1) (d) of this section would appear
-ut the policy of the general assembly
t the creation of any disjointed tracts.
Cations the vacated roadway vests in
rs of abutting land. Buell v. Sears.
& Co., 205 F. Supp. 865 (D. Colo.
dified. 321 F.2d 468 (10th Cir. 1963).
ion (1) (e) of this section expresses a
it to exclude an unvacated highway as
tg owner. Buell v. Sears, Roebuck &
F. Supp. 865 (D. Colo. 1962), modi-
F.SI =68 (10th Cit. 1963).
t 703 State, County, and Municipal Highways 43-2-303
43-2-303. Methods of vacation. (1) All right, title, or interest of a county,
of an incorporated town or city, or of the state or of any of its political
i subdivisions in and to any roadway shall be divested upon vacation of such
roadway by any of the following methods:
(a) The city council or other similar authority of a city or town by ordi-
nance may vacate any roadway or part thereof located within the corporate
_ limits of said city or town, subject to the provisions of the charter of such
a municipal corporation and the constitution and statutes of the state of Colo-
rado.
(b) The board of county commissioners of any county may vacate any
y roadway or any part thereof located entirely within said county if such road-
way is not within the limits of any city or town.
(c) If such roadway constitutes the boundary line between two counties,
such roadway or any part thereof may be vacated only by the joint action
of the boards of county commissioners of both counties.
(d) If said roadway constitutes the boundary line of a city or town, it
may be vacated only by joint action of the board of county commissioners
of the county and the duly constituted authority of the city or town.
(2) No roadway or part thereof shall be vacated so as to leave any land
adjoining said roadway without an established public road connecting said
land with another established public road.
(3) In the event of vacation under subsection (1) of this section, rights-of-
way or easements may be reserved for the continued use of existing sewer,
gas, water, or similar pipelines and appurtenances, for ditches or canals and
appurtenances, and for electric, telephone, and similar lines and appurte-
nances.
(4) Any written instrument of vacation or a resubdivision plat purporting
to vacate or relocate roadways or portions thereof which remains of record
in the counties where the roadways affected are situated for a period of seven
years shall be prima facie evidence of an effective vacation of such former
roadways. This subsection (4) shall not apply during the pendency of an
action commenced prior to the expiration of said seven-year period to set
aside, modify, or annul the vacation or when the vacation has been set aside,
modified, or annulled by proper order or decree of a competent court and
{ such notice of pendency of action or a certified copy of such decree has
been recorded in the recorder's office of the county where the property is
located.
i
Source: L. 49, p. 621, § 3; CSA, C. 143, § 69(3); CRS 53, 120-1-13; C.R.S.
1963, § 120-14-3.
Editor's note: As to vacation by nonuser following admitted statutory dedication and acceptance.
compare Crane v. Beck, 133 Colo. 325, 295 P.2d 222 (1956) and Uhl v. McEndaffer, 123 Colo.
69, 225 P.2d 839 (1950).
Am. Jur.2d. See 39 Am. Jur.2d, Highways,
Streets, and Bridges, § 143.
C.J.S. See 39 C.J.S., Highways, § 113.
Law reviews. For article, "Resubdividing
and Replotting", see 28 Rocky ML L. Rev. 529
(1956).
Section not authority to declare road public.
This section does not vest the board of county
commissioners with the authority to declare
that a road has become public by adverse use:
rather, this section only gives commissioners
the authority to relinquish any claims the
public may have in a road. Williams v. Town
of Estes Park. 43 Colo. App. 265, 608 P.2d 810
(1979).
a
t'
i- i
SPECIAL HIGHWAY CONSTRUCTION
ARTICLE 3
Special Highway Construction
i
43-2-304
Highways and Roads
704
43-2-304. Limitation of actions. Any limitation established by this part 3
shall apply to causes of action which have accrued prior to May 5, 1949,
as well as to all causes of action accruing thereafter. The right to institute
an action shall not be barred by reason of the limitations prescribed in said
part 3 until the expiration of six months from May 5, 1949. This part 3 shall
not be construed as reviving any action or limitation barred by any former
or other statute.
Source: L. 49, p. 622, § 4; CSA, C. 143, § 69(4); CRS 53, 120-1-14; C.R.S.
1963, § 120-14-4.
'I
PART 1
FREEWAYS AND LOCAL SERVICE
ROADS
43-3-101. Freeways - how declared -
commercial enterprises pro-
hibited.
43-3-102.
Engineer to divide freeway.
43-3-103.
Engineer may close street or
road.
43-3-104.
Street not to open into free-
43-3-105.
way.
When local service roads laid
out.
43-3-106.
Acquiring land and right-of-
way.
43-3-107.
Acquisition by commissioners
and state department of
highways jointly.
PART 2
TURNPIKES
43-3-201.
Legislative declaration.
43-3-202.
Powers granted to department.
43-3-203.
Bonds authorized.
43-3-204.
Bond details.
43-3-205.
Trust indentures.
43-3-206.
-
Payment of bonds.
43-3-207.
Bond lien.
43-3-208.
Bond proceeds.
43-3-209.
Tax exemption.
43-3-210.
Refunding bonds.
43-3-211.
Rights of bondholders.
43-3-212.
Effect of payment of bonds.
43-3-213.
No debt authorized.
43-3-214.
Succession of powers and
duties.
43-3-215.
Legislative declaration.
43-3-216.
Additional powers.
43-3-217.
Execution.
43-3-218.
Bonds legal investments.
43-3-219.
Interest earnings.
TO
43-3-301.
43-3-302.
43-3-303.
43-3-304.
PART3
LL ROADS-PRIVATE
Grade - width - turnouts.
County surveyor to examine.
Lien for tolls.
Owners to act as peace off,
43-3-305.
cers.
Unlawful collection of tolls -
penalty.
43-3-306.
Refusing to pay toll - penalty.
43-3-307.
Complaint if road not repaired.
43-3-308.
Penalty for failure to keep
road in repair.
43-3-309.
County to repair - receive
toll.
43-3-310.
Pay of commissioners.
43-3-311.
County may sell road.
43-3-312.
Appeal to district court.
43-3-313.
Toll roads must be kept in
43-3-314.
repair.
Complaint to court if road out
of repair.
43-3-315.
Judgment abates toll charge.
43-3-316.
Judgment certified to commis-
sioners.
43-3-317.
Appeals.
43-3-318.
Penalty for illegal toll.
43-3-319.
Execution against toll road.
705
43-3-321
43-3-32
43-3-32:
43-3-401
EXHIBIT M
Vacation of Public Right-of-Way
Land Descriptions
Land description scif icati onveyed,easements, easement releases, rights-of-way
other and properties I. Submit an original typewritten Legal Description. no xero est
with the following information (See Specimen):
1. INTRODUCTION: The introduction shall state the purpose of the document,
location. If it is
the s toudivision it and shRange. all be a stated County of
also.
part of a S to a 2 eOsOtablisheddlandicornersorltocansubdivisioniplatfthatiisitgied ton '
an established land corner. Curves shall show radius, delta
and arc length, and angle to radius point if curve is non-tangent.
Area to be included in square feet and acres. While we encourage
meets and bounds descriptions, centerline descriptions will be
accepted provided that the Point of Beginning and the Point of Terminus
are connected to separate, specifically described control monuments.
3. BEARING BASIS: If bearings are used, a statement as to how the bearings
were determined.
4. PROPERTY ADDRESS: Show property address; if no address exists, indicate
vacant land.
>6. Name and mailing address of grantor.
6. Land descriptions not in conformance with City requirements will be
returned for correction and/or revision.
II. An Exhibit shall accompany the legal description conforming to the following
specifications. (See Specimen).
1. A mylar drawing in ink with the format as shown on the attached specimen.
2. Lettering to be Leroy Lettering or professional grade hand lettering.
3. Size to be 83Y" x 14".
III. Beginning on July 1, 1982, the City of Aurora will require the signature and
seal to be shown on all land descriptions in accordance with Article 25
title 12-25-214(4) of the Colorado Revised Statutes.
IV. Please include the name and phone number of the surveying firm submitting
land descriptions (i.e. business card).
I 5e"~~ ~v~"
H. C. LaBonde
Director of Public Works REVISED 9-1-82 S::x
55
Exhibit M (Continued) SAMPLE
A parcel of land situated in the SE; of Section 7, T4S, R66W,
6th P.M., Arapahoe County, Colorado, being a part of Oxbow
Park Subdivision Filing No. 1, more particularly described
as follows:
All of the street right-of-way by the name of S. Elkhart Street
dedicated to the City of Aurora by the plat of Oxbow Park
Subdivision Filing No. 1 as recorded in Book 37 at Page 74,
Arapahoe County, Colorado, containing 10,926 square feet
(0.251 acres)more or less.
Reserving unto the City of Aurora that portion of a 60 foot
utility easement as recorded in Book 2281 Page 221 of the
Arapahoe County Records, lying over, through, along and across
the above described parcel.
Property is vacant land, no address
Ownership: City of Aurora
1470 S. Havana Street
Aurora, Colorado 80012
TKO v
t
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56
Exhi (Continued) \ _ \ i eV C
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OXBOW PARK SUB. FILING NO-1,
I LOT1
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Street being vacated.
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c. Whether the amended plat is designed so that the
l/ proposed subdivision will be in harmony with the
character of the surrounding neighborhood.
The amended plat submittal, along with the recom-
mendations of staff and the Planning and Zoning
Commission shall be presented to the Parks, Trails and
Recreation commission which shall make a recommendation
regarding the need for additional land or cash dedi-
cations, and if further dedications are needed, the
amount of cash or land, the location of any dedicated
land areas and the permitted uses, basing its recom-
mendations on the criteria set forth in subsection 2.370
of the Subdivison Regulations.
(3) The amended plat submittal, along with the recom-
mendation of staff, the Planning and Zoning Commission,
and the Parks, Trails and Recreation Commission, shall
be presented at a public meeting to the City Council,
which shall consider the following criteria in making
its decision as to the approval or denial of the amended
plat:
a. Whether the amended plat is in conformity with the
general intent of the Master Plan;
b. Whether the amended plat is in conformity with the
Zoning Ordinance and the Subdivison Regulations; and
c. Whether the amended plat is designed so that the
proposed subdivision will be in harmony with the
character of the surround neighborhood.
(4) Amended plats are subject to all fees and Public land
dedications.
2.500 VACATION OF PLAT, RIGHT-OF-WAY, OR PUBLIC EASEMENT
2.510 Submittal Requirements
The following items shall be submitted in connection with an
application for the vacation of a Plat, Right-of-way, or
Public easement:
(1) Legal desc~,i on of Plat ght-of-way or Public
EasementIto be v , prepared and signed by a land
\surveypr registered in the State of Colorado.
(2) Map showing the location and boundary of area to be
vacated.
(3) Evidence that all affected public utilities have
reviewed the proposal and have no objections.
- 27 -
2.520 Approval
(1) The submittal items shall be reviewed by staff in order
to assess the impact of the proposal on the goals of the
Master Plan and on the infrastructure of the City.
(2) At least 15 days before the date of the City Council
hearing at which the vacation request will be con-
sidered, the applicant shall notify all property owners
adjacent to the affected area by certified mail of the
vacation request. The notification shall contain the
time, date and location of the City Council meeting at
which the vacation will be considered and an explanation
of the request.
(3) The vacation submittal, along with the recommendation of
staff shall be presented at a public meeting to the City
Council, which shall consider the following criteria in
making its decision regarding the proposed vacation:
a. Whether the proposed vacation of a right-of-way will
leave any land adjoining said right-of-way without
an established public road connecting said land with
another established public road;
b. Whether the proposed vacation is in conformity with
the goals and policies of the Master Plan;
c. Whether the proposed vacation will have an impact on
the infrastructure of the City.
If approved, the City Council shall adopt an ordinance
vacating the plat, right-of-way, or easement in question.
2.600 FEES
The application fee for all procedures covered under these regula-
tions shall be established by city Council by resolution. All
fees are payable prior to consideration by the staff with the
exception of the Public land dedication which is payable prior to
final plat recordation.
2.700 PROCEDURES FOR SUBDIVISION OF DENVER TECHNOLOGICAL CENTER
PROPERTY, THAT PORTION WHICH IS SUBJECT TO THE JULY 17, 1986
AGREEMENT.
These procedures shall apply through December 31, 1990, after
which the procedure as set forth in Sections 2.100, 2.200, and
2.300 of these regulations shall apply to said property.
28 -