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Home My WebLink About810183.tiff S ~ , C2) id o ' BOOK950 RECEPTION 1872388 DATE a S Set. TIMEA±!E?1 r--r... MARY ANN FEUERSTEIN, Clerk and Recorder, Weld County, Colored* RESOLUTION I RE: ACCEPTANCE OF BURGER STREET, TO BE KNOWN AS TURNER BOULEVARD, 8 INTO THE COUNTY ROAD SYSTEM FOR MAINTENANCE c WHEREAS, the Board of County Commissioners of weld county, ° Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the • O affairs of Weld County, Colorado, and © WHEREAS, the Weld County Department of Engineering has o` recommended that Burger Street be added to the County Road System 0 o for full maintenance. o WHEREAS, the terms and conditions of said right-of-way deed ri c? .-I states; "Grant is made upon condition that parcel shall never be odenominated anything other than Truner Boulevard, and if the name is changed, parcel shall revert to Grantors. " NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that Burger Street be, and hereby is, denominated Turner Boulevard and and added to the County Road System for maintenance. A copy of the deed for same is attached hereto, incorporated herein and made a pant hereof. -_ The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D. , 1981. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Pi ABSENT Chuck Carlson, Chairman I I Cc‘k G C (Aye) Norman Carlson, Pro Tem j ( 41.17 (Aye) C. Ki by ' `i .?w <. (A e) ATTEST: ° SIC-ti `- '-,„ 4.1,44 r ,.. ,✓ern n T. Martin I Weld County-Clerk and Recorder e , %to t • - B. . d (A e) .s. e K. St inmark 1 UA/LCA.,— .►'y•.. ounty lerk V UPS ‘ I APPROVED AS TO FORM: j County Attorney slate b) lc/ % iar ,5— oC"J Eta ' S � ,JZ�� DATE PRESENTED: September 30, 1981 Boon 950 Recorded at a... M., OCT l 1981, Reception No """ ...Recorder. a County Colomein4 THIS DEED, Made this 24th day of July , 19 81 between Carl L. Turner, Darrel M. Turner and Arnold E. C> Turner of the County of Weld and state of s Colorado,of the first part,and The County of Weld, State of Colorado, a Body Corporate and Politic o of the County of Weld and state of Colorado,of the second part, WITNESSETH, That the said part ies of the first part,for and in consideration of the sum of 0 Ten Dollars ($10.00) and other good and valuable considerations — — — DOLLARS, to the said part ies of the first part in hand paid by the said part y of the second part, the receipt whereof rn is hereby confessed and acknowledged, ha ve remised, released, sold, conveyed and QUIT CLAIMED, and by � these presents do remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, o its heirs, successors and assigns,forever, all the right, title, interest, claim and demand which the said part ies of the first part ha ve in and to the following described lot or parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit: r-t 0.3 See Addendum A Grant is made upon condition that parcel shall never be denominated anything other than Turner Boulevard, and if the name is changed, parcel shall revert to Grantors. Grant is subject to utilities in place. Addendum A That part of the Eh NEI of Section 10, Township 2 North, Range 68 West of the 6th P.M., described as follows: Beginning at the East Quarter corner of said Section 10; thence North 89°49' West 451.4 feet along the South line of said ElNEh to the Southwest corner of a certain tract of land conveyed to R.H. Daggett and Janet L. Daggett by Warranty Deed recorded under Reception No.1446636, in Book 525, Weld County Records; thence North 00° 24' East along the Westerly boundary of said last described tract of land 1323.4 feet to the Southwest corner of the North 1304.5 feet of the East 450 feet of the NEB of Section 10 and the TRUE POINT OF BEGINNING; thence continuing North 000 24' East along the West line of the North 1304.5 feet of the East 450 feet of the NEh of said Section 10 a distance of 1255.3 feet to a point on the Southerly line of that certain tract or parcel of land described in deed to Weld County, Colorado, recorded in Book 1358 at Page 46, Weld County Records; thence South 89° 49' East 40 feet along the Southerly line of said last described tract or parcel of land; thence South 00° 24' West 1255.3 feet to the Southerly line of the North 1304.5 feet of the East 450 feet of the NE' of said Section 10; thence North 89° 15' West 40 feet along said Southerly line of the North 1304.5 feet of the East 450 feet of the NE' of said Section 10 to the TRUE POINT OF BEGINNING, also known as Turner .Boulevard. Weld County, Colorado. -411 *If by natural person or persons hero insert name or names:it by yereon acting In representative or official rtpac Ity or as attorney yy-inh fact, then Insert name of person Thereon attorne 1n-tact of other capacity or deecrlptlon'naming by ofnoer of cot• -Aol%aoio'dhmentsertec. 1a18 8 1 such officer o or odStatutes 1868 igent or other officers of such corporation,naming it—etotutorp No.933. WIT CLAIM DEED.—aradford Publishing Co.,18244E Stout Street.Denver,Colorado-11-73 18'72389 B001(1-5QRECEPTION... a- 4 TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title, interest and claim whatsoever, of the said part ies of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part Y if the second put, its heirs and assigns forever. IN WITNESS WHt1kEOF,The said part ies of the first part ha ve hereuntooset their hand s and seal s the day and year first above written. ' CoLitit.- j ... cgisia) Signed,Sealed and Delivered in the Presence of 1 L. Auer : c, ,, / ;1 f� , f AL] ar r M. 1ur . r o d E. Turner �j . a d14t.:,t " 9' OF OOLgLADO. �as. tin dump efliti.sAjd...& J The ingIruate t !admewl dgeg rnme t hi '. . l��ti� dal D 0e -1 . ti 1[y compilation e ‘,6,11,,i, cV , 19 .Witness by band and official seal. — 1 Notary Public. I. • on nil natural pennon or persons bare Mart name or names;tf by tblif In le or s ntaorive n�or official If icia ccapaci of r as atfn°210 _itnhetanct, rhm burnt name of Y essoutoriwawttorui ent or other officers o[such cotpomt on,nmina tt.—Staff cry yp elnamotnAneet Boa 11ana-�1 Colorado r or o Statutestnoar. 1 S.. No.933. QUIT CLAIM nszo.—m,sdrerd NUM**Ca.18244a stoat swat,Dmnr,Colorado-11-73 . y.Il'_"ais"`i it 'lit ',....Lt`'�lA ",..1",A `al/`ali ,1/41",,1/41", `a it aLalt •le '_alA "al{""a l/ ald'alf ale'ale 'al_'_a lea�'1 �,� ki 'Air --,4 4I CHICAGO TITLE INSURANCE COMPANY AA a i it COMMITMENT FOR TITLE INSURANCE IA Ns, a A: e' CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for I` wj a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in I Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or it interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and .. charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. h. N II This Commitment shall be effective only when the identity of the proposed Insured and the amount of- a il the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the NI �e time of the issuance of this Commitment or by subsequent endorsement. e a s This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability I/ and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy • w• or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or e policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by •.. • an authorized officer or agent. /I a M IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become C1 valid when countersigned by an authorized officer or agent of the Company,all in accordance with its By-Laws. ad a e i This Commitment is effective as of the date shown in Schedule A as"Effective Date." w.I a /' a ei 4 :4,4I l e ii A a ti:il ie. a. 2 CHICAGO TITLE INSURANCE COMPANY [ IA Issued by: WELD COUNTY TITLE COMPANY By: C 1221 -8th Avenue • =1 Greeley,Colorado 80631 / �/ ICI °'i (303) 356-3232 /� le a,I i Metro (303) 623-3232 �►`i • President. Imo' ,,. ATTEST: h! IIN a i i, a A e I'a Secretary. -.I K2 /� a I� „. vl Au orized Of er or Agent I HI I,-. Ssl r�afxi/Ta./a..!iasr"...•va_•rN../r‘.sxti✓fi"...es'1/4i1 N.:1re✓ra srre,."1‘.Fri.rTTh. .ere.,!xN...."1"...11 ,71 F.2880 CTIRB: 5-1-75 CONDITIONS AND STIPULATIONS 1. The term"mortgage,"when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability preyjously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby, or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. i a © Chi(.agoI itle Insutant.I.Companc COMMITMENT FOR TITLE INSURANCE- SCHEDULE A 1. Effective Date: May 29, 1981 @ 7:00 A.M. Case No. WA-2098 2. Policy or Policies to be issued: A. ALTA Owner's Policy Amount$ In Ann n0 Proposed Insured: THE COUNTY OF WELD, STATE OF COLORADO, A BODY CORPORATE AND POLITIC B. ALTA Loan Policy Amount$ Proposed Insured: C. Amount$ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple,and title thereto is at the effective date hereof vested in: CARL L. TURNER, DARREL M. TURNER AND ARNOLD E. TURNER 4. The land referred to in the Commitment is described as follows: That part of the E1/2 NE1 of Section 10, Township 2 North, Range 68 West of the 6th P.M. , described as follows: Beginning at the East Quarter corner of said Section 10; thence North 89°49' West 451.4 feet along the South line of said ELI NE'1 to the Southwest corner of a certain tract of land conveyed to R. H. Daggett and Janet L. Daggett by Warranty Deed recorded under Reception No. 1446636, in Book 525, Weld County Records; thence North 00°24' East along the Westerly boundary of said last described tract of land 1323.4 feet to the Southwest corner of the North 1304.5 feet of the East 450 feet of the NEI1 of said Section 10 and the TRUE POINT OF BEGINNING; thence continuing North 00°24' East along thtest_lineof the North 1304.5 feet of the East 450 feet of the NE14 of said Section 10 a distance of 1255.3 feet to a point on the Southerly line of that certain tract or parcel of land described in deed to Weld County, Colorado, recorded in Book 1358 at Page 46, Weld County Records; thence South 89°49' East 40 feet along the Southerly line of said last described tract or parcel of land; thence South 00°24' West 1255.3 feet to the Southerly line of the North 1304.5 feet of the East 450 feet of the NE1 of said Section 10; thence North 89°15' West 40 feet along said Southerly line of the North 1304.5 feet of the East 450 feet of the NE1 of said Section 10 to the TRUE POINT OF BEGINNING, Weld County, Colorado. SCHEDULE A-PAGE 1 -NO. F. 2881 OChicago Mlle IrrtiuranceCompanl' COMMITMENT FOR TITLE INSURANCE SCHEDULE B SECTION 1 WA-2098 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item(b) Proper instrument(s)creating the estate or interest to be insured must be executed and duly fled for record, to wit: 1. Quit Claim Deed from Carl L. Turner, Darrel M. Turner and Arnold E. Turner to The County of Weld, State of Colorado, a Body Corporate and Politic conveying the land described herein. 2. Acceptance by the Board of County Commissioners of Weld County, of the Declaration of Street Dedication by Del Camino Corporation recorded September 17, 1971 in Book 653 as Reception No. 1575358. Item(c)Payment of all taxes,charges or assessments,levied and assessed against the subject premises which are due and payable. Item(d)Additional requirements,if any,disclosed.below: 4 1 SCHEDULE B -SECTION 1 -PAGE 1 -NO. F. 2882 R.9/76 . Chit ago Title InsuranceCon1pane COMMITMENT FOR TITLE INSURANCE SCHEDULE B SECTION 2 WA-2109 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements,or claims of easements,not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments,and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 5. Defects,liens,encumbrances,adverse claims or other matters,if any,created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. In addition,the owner's policy will be subject to the mortgage,if any,noted under item one of Section 1 of Schedule B hereof. 8. Taxes for the year 1981, a lien, but not yet due or payable. NOTE: Please see Requirement Item C, Schedule B, Section 1. SCHEDULE 8-SECTION 2-PAGE 1 -NO. F.2883 R.9/76 4licet mEmoRAnDum Whit ro Weld County Commissioners Date September 15, 1981 COLORADO From Wayne S. Smyth, Director of Engineering subject; Acceptance of Burger Street for County Maintenance Last May the Board met with Guy Simone of Del Camino, with regards to a petition from the local property owners with regard to the County taking over maintenance of Burger Street in the Del Camino area. The petition alleged that the road had been dedicated to the County in 1971. The Board agreed to accept the road provided that the petitioners furnish an ownership and encumberance search by a Title Company as of August 13, 1971 and September 10, 1971 showing documentation that the Del Camino Corporation did in fact own the parcel of land upon which the road lies at the time the easement was recorded. The petitioners have since furnished this documentation and it has been examined by the County attorney's office and found to be acceptable. It is recommended that the Board take action to accept the dedication of the road to the County and take over the road for maintenance. The road is approximatel 1200 feet long by 40 feet wide and is paved with asphalt. WSS:s CC: Weld County Attorney L jl T •'•'�^ THIS FORM IS USED TO EXPEDITE MATTERS THAT MIGHT RE D D IN NORMAL OFFICE ROUTINE Fil4M,., 7.i.....d ..1 Va.244,1A0V"Ont.i...101 SECURITY FINANCIAL PLANNING, INC. P. 0. BOX 53 EL RANCHO DATE n- 7_1- 2 1 GOLDEN, COLORADO 80401 SUBJECT Mir-TO ¢Q .-._._.- . .- eto 6-).),"e.__S. �1M. 0 ) 'be..‘ CA-w•: co . Mir a TvSa.` :a.._ are e,\it. ...__ •....80 t. 1 . FOLD 1 e.a...,_ .koinr._sw, v_k i _____(a) at.,, . . )64 A....\ k‘ . .2 x . 4,:tiK_ p.1A rvt ' ri- • o .v-eA -_yAlit. SIt to kssc_1,. _0_,41-.... .... , VJ} 1k. $1 . 8_.Cam• - .,.. ...._ _ +.-- Ci ) . 0. - Gt u. .. , ...- l L. ....Jr _ .iA g - —d $ c"- a_g..et.4_• AA. - ... . .eV.,.1., AI BIM COUNTY CarMO= isa.0-4-t. 1,, s„_..___________ T 7,- a-114-4A cjx- . SEP231991 .,j # . - } - - - - --ORE EL!•'1(. COLD. __ __ ___.__ 3 2 I I, �� ' � d �C DEPARTMENT OF ENGINE=ERIN( �.� PHONE(303)3564000 EXT.7` 7 P.O. BOX 7: GREELEY,COLORADO 806:fl Tft C) COLORADO September 23, 1981 Jimmie JceHonaker, P.C. Attorney At Law P.O. Box 1777 Longmont, Colorado 80501 Dear Mr. Honaker: I have discussed with our attorney's office,the requirements for granting an easemrent to the Left Hand Water Supply Company for utility lines under- neath Burger Road. According to their office, the only requirerrent they would have to finalize the easement would be for you to furnish a legal description of the area concerned. As soon as we have that, it would just be a matter of formality for the Board to grant the easement. If you have any questions on this, please contact our office. Sincerely, 4' yne S. Smyth Director of Engineering WSS:sd CC: rClerk to the Board DERA". iMCNT OF ENGINE::: NG ( �' T , .. - P1ONE f3L3 _._ i.: --' � G C ':.E GREELEY. COLC z.FY COLORADO September 15, 1981 Mr. Guy Simone P.O. Box 53 El Rancho Golden, Colorado 80401 Dear Mr. Simone: The County attorney' s office has advised me that the documentation which you furnished to support the dedication of Burger Street to the Weld County Commissioners is acceptable. The Board of Commissioners is scheduled to hear this case at their regular meeting on Monday, September 21 , 1981 at 9 :00 a.m. , in the County Commissioners Board Room. I do not think it is necessary for you or any one else interested to be there for this hearing, since the Board had previously agreed to accept Burger Street upon receipt of proper documentation. I do not anticipate there will be any problem, but I did want you to know that it is scheduled and perhaps you could inform other interested parties that they are welcome to attend the meeting if they so choose. If you have any questions, please contact our office. Sincerely, wad yne S. Smyth Director of Engineering WSS:sd rs t"1'' , (- (if [ ..,, 7 ‘;.... T._. 1/4,, ,,sf , 4„. ,, , --, t ,:_,-, , i , , . , . , . , ....., \c. , t. , . L. .,. A , ,...._ , . r l' ®�✓ To Russ Anson _ oate_Auoust__6,__ 1981_ COLORADO From Wayne Smyth Director of__Engi neering Subject:_ Burger Street Last May the Commissioners agreed to take Burger Street in Del Camino for maintenance after being petitioned by the residents of the area. Their only provision was that the petitioner must furnish an ownership and encumberance search by a title company of August 13, 1971 and September 10, 1971 showing documentation that the Del Camino corporation did in fact own the parcel of land at the time that the easement was recorded. (see attached memo from Bob Lowenbach of April 13, 1981. ) Could you look this package over and give me an opinion as to whether or not the petitioners have complied with this requirement? Attached are co ies of the documentation furnished to us by the petitioners. WSS:sd Attachments li J /, {/ _7 , A -,t. --uip,Vni (^„ �� ._ 4 t 77 _ pp�••0 n PHONE (3031 3564000 EXT 4?A - P.O. 3D).75E GREELEY,COLORAD 8353- w l"3 .. _ • O LBc COLORADO June 3, 1981 Jimmy Joe Honaker, P.C. Attorney-at-Law 647 Seventeenth Avenue Longmont, Colorado 80501 Dear Sir: Your recent letter pertaining to the water service in the Del Camino area was referred to this office for a reply. The Board of Commissioners is aware of the existence of certain utilities serving the residents of the Del Camino area. It is assumed that you are referring to Burger Road, which the Board has tentatively agreed to accept for maintenance, pending approval of the dedication of this road from the original developer. Your request for the protection of any existing easements is noted. It is recommended that the Left Hand Water Supply Company furnish the Weld County Department of Engineering with the location of all water lines along Burger Road, for which an easement would be required. After the road is accepted for maintenance, any necessary easements can be granted. Sincere! , yne S. Smyth - Director of Engineering WSS:sd cc: ►.Clerk to the Board CS - Jimmie Jot**natter, .�C.��y ~ - ft norm at lam �*' 647Sebentemthflbenut 'ASS tongmont,tolmabo s? �"'l°�mar Moot Office pox 1777 ^, %Y�1g®'� �, Calorific 90501 May 20, 1981 4 )� yq2 Jva, Anap 303 •4‘ 0)o !'wngmmd 772-2000 Board of Weld County Commissioners `OTC° -7777 Post Office Box 758 cr` Greeley, CO 80631 RE: DOMESTIC WATER SERVICE PROVIDED BY THE LEFT HAND WATER SUPPLY COMPANY TO THE DEL CAMINO CENTER AREA, COUNTY OF WELD; STATE OF COLORADO. Dear Commissioners: Please be advised that I represent the Left Hand Water Supply Company as its general legal counsel. As we all may recall, the situation concerning roads, easements, and access in and around the Del Camino Center area has been a problem for some time, and probably is the result of the initial developer's failures to properly follow through with certain details, such as road and utility easements dedications. However, it is my understanding that through the efforts of Turner Realty, of Longmont, Colorado, certain pending road and/or other dedications to Weld County are being considered that may finally resolve these matters. The Left Hand Water Supply Company has served this area with domestic water for more than ten years. Upon a recent review of the status of these water lines, it has been determined that dedicated easements for such water lines were also never actually acquired. I believe that it is obvious that such water lines are desirable if not essential to the area, and the purpose of this correspondence is to request that easements for such existing water lines be protected and/or required as a part of the dedication process with Weld County. Please contact me at your convenience if I may be of any assistance whatsoever. Please keep me advised as to your disposition of this request. With highest regards, JIMMIE JOE HONAKER, P.C. i'efs • Joe H er cc: James M. Dickey, Manager Left Hand Water Supply Company Post Office Box D Niwot, CO 80544 cc: Kenneth R. Rollin, P.E. Rocky Mountain Consultants, Inc. 500 Coffman Street, Suite 107 9 Longmont, CO 80501 Cie �; y �c ; oe: tc,L,TAAJRaf F • DEPARTMENT OF ENGINEERING PHONE(303)3564000 EXT.421 P.O.BOX 758 GREELEY,COLORADO 80631 COLORADO May 11, 1981 ' Mr. Guy Simone P.O. Box 53 El Rancho Substation Golden, Colorado 80401 Dear Mr. Simone: This letter is to confirm the results of your meeting with the Board of Commissioners on May 11, 1981 at Greeley, in regard to the status of Burger Road in Del Camino. The petition which you discussed with the Board was submitted September 17, 1978 and it conveyed a Declaration of Easement, dated August 23, 1971 and a Declaration of Street Dedication, dated September 10, 1971 for a 40 foot right-of-way for Burger Street for a distance of approx- imately 1200 feet south of State Highway 119. The petition asked the County to accept Burger Street for maintenance and repair based on the location and number of business establishments and residences in the area using the road. It was the opinion of the Board of Commissioners that the County should accept the first 1200 feet of Burger Street for maintenance considering the facts that were brought forth during the meeting. It was also the opinion of the Board that this acceptance should be contingent upon the petitioners furnishing an Ownership and Encumberance Search by a Title Company as of August 13, 1971 and September 10, 1971. The Board also was of the opinion that the road should be surface-treated by chip and sealing as soon as possible to maintain the integrity of the. pavement. It is requested that you furnish to this office, as soon as you can, the documentation mentioned in the previous paragraph. If the documentation is acceptable to the County, i .e. if Del Camino Corporation did in-fact own the parcel of land at the time the easement was recorded and if there are no other legal problems evident, the acceptance of Burger Street will be placed on the Commissioners Agenda for official action. It will probably be necessary for you or a representative of the petitioners to be present at that meeting. We will inform you of the time and date. • 4 Mr. Guy Simone May 11, 1981 Page 2 If you have any other questions, please contact our office. Sincere y Wayne S. Sm th Director of Engineering WSS:sd cc: Bob Lowenbach Clerk to the Board ♦` n DEPARTMENT OF ENGINEERING '/ PHONE 1303) 3564000 EXT.42 P.O. BOX 757 GREELEY,COLORAUO 8063 VII �] COLORADO April 30 , 1981 Mr. Guy Simone P. 0. Box 53 El Rancho Substation Golden , Colorado 80401 Dear Mr. Simone : I have talked to the Board of Commissioners about your visit to my office regarding the County ' s acceptance of • Burger road in Del Camino. They have set up a work session at which time you will be able to discuss the matter with them and bring along any representatives that you wish . This work session is scheduled for 3:00 P. M. , Monday, May 11 , 1981 in Room 316 of the Centennial Center , 915 10th Street in Greeley. Approximately one-half hour is allocated for this meeting . I had asked the County Attorney to give me an opinion as to whether the documentation you furnished with the original petition was adequate for acceptance of the road by the County. The attorney has advised that the documentation is adequate assuming that Del Camino Cooperation did in fact own the parcel of land at the time that the easement was recorded. It was the attorney ' s feeling that the petitioners should furnish documentation of an ownership and encumbrance search by a title company as of August 13 , 1971 and September 10, 1971 , prior to acceptance of the dedication by the Board of County Commissioners , should that be the desire of the Board. Mr. Guy Simone 2 April 30, 1981 Perhaps you would wish to discuss this with your attorney before coming to the work session. If you have any questions on this please contact my office. Sincerely, RAlififir Wayne S. Smyth Director of Engineering mm CC: Bob Lowenbach Commissioner Steinmark a 11:1111, 1' IT 1 • Wayne Smyth To Weld County Engineer o7te_ April 13, 1981 :' e J. Robert Lowenbach, Assistant County Attorney -�O agt,Do From Su!,jE_t:— Acceptance of Burger Street. in Del Camino Tom has asked me to respond to your memorandum of February 6, 1981 in which you asked this office to give you an opinion as to whether or not the documentation furnished with your memorandum is adequate for acceptance by the County. The answer to this question is yes, assuming that Del Camino Corporation did, in fact, own the parcel of land at the time that the easement was recorded. In order to make this determination, I would think that the County would want an ownership and encumbrance search by a title company as of August 13, 1971 and September 10, 1971. It is my feeling that the Petitioner should furnish such a document prior to acceptance of the dedication by the Board of County Commissioners, should that be the desire of the Board. • If you have any further questions in this regard, please contact me. Sincerely, J. ROBERT LOWENBACH Assistant County Attorney sks Ifni P p I }'ll 1.744 r) ca`rtnant `...J , DEPARTMENT OF ENGINEERIt _ PHONE (303) 3561000 EXT.! F.O. BOX n r A P i GREELEY,COLORADO 80' . (7 COLORADO • February 6, 1981 • Mr. Guy Simone P.O. Box 53 El Rancho Substation Golden, Colorado 8O401 Dear Mr. Sinone: This is in regard to your petition for the County to accept Burger Street at Del Camino for maintenance. I have examined the petition and legal description and discussed the matter with our Planning Department. At the present tine I have the deed over in our legal department for than to make a determination as to its adequacy. After I receive it back from than, I will discuss the matter with the Board of Caanissioners. I did visit the road yesterday with two of our Ccandssioners, so that they wcrild bemire familiar with it when the subject does cane up. I will get back in touch with you just as soon as I find out what the Commissioners want to do about the petition. If you have any other questions, please call me. Thank you for your patience. • Sincere' , Rayne Smth Director of Engineering WSS:sd sd i A\ �� ?}; To Sandy Hunter Date January 29, 1981 I COLORADO From Tom Honn C) V`? —.-- I Subject: Wayne Smyth memo of January 21 1981 Re Del Camino This matter was apparently discussed in the fall of 1978. As memory I serves, it was based upon a desire to open a street from State Highway 119, south z mile to the "proposed" I-25 Subdivision. ' `' ' Research indicated a dedication of "Burger Street" was made for approxi- mately 1,200 feet south from State Highway 119 in the late 1960's and ', easement declarations were filed in the early 1970's for the southern 1 1,200 feet of the NEB Section 10, T2N, R68W of the 6th P.M. , Weld County, ', Colorado. A variety of widths were established through this process. f The Board has not accepted any right-of-way or easement from the above referenced paragraphs. Relying upon recolletion, I believe the Board expressed to "Burger Street" petitioners that If consistent right-of-ways and 'improvement districts" were formed, the Board would be interested in the project. It may be appropriate to contact Gil Olsen, former member of County Engineer's staff for other clarification on the matter. I believe he was the lead staffer on the project. • ( TEH:rjg •i _l + n x L' ; �iLit ' //7� ' l/ n. / f l I , C / / �y� ikie I 1 i Hello