HomeMy WebLinkAbout20073657 RESOLUTION
RE: ACCEPTANCE OF ROADS FROM COLORADO DEPARTMENT OF TRANSPORTATION
AND TRANSFER OF ROAD FROM WELD COUNTY TO COLORADO DEPARTMENT OF
TRANSPORTATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Colorado Department of Transportation (CDOT) is a Department of the
State of Colorado, having authority to acquire, to maintain, and to abandon roads, and
WHEREAS, under Section 43-2-102 of the Colorado Revised Statutes(C.R.S.), CDOT has
the responsibility to maintain State Highways 263,256,and 37,and the Transportation Commission
of Colorado has the responsibility, under Section 43-1-106, C.R.S., to formulate the general policy
with respect to such maintenance, and
WHEREAS, the Transportation Commission also has the authority, pursuant to
Section 43-2-106, C.R.S., to abandon the following portions of roads:
State Highway 263, from Mile Post 0.00 to Mile Post .35, and from Mile Post 2.62 to Mile
Post 6.747
State Highway 256, from Mile Post 0.00 to Mile Post 2.999
State Highway 37, from Mile Post 0.00 to Mile Post 6.933
WHEREAS,the Transportation Commission also has the authority under Section 43-2-106,
C.R.S., to accept portions of County Road 392 between State Highway 37 and State Highway 14,
and
WHEREAS, in August, 2006, the County of Weld, by and through the Board of County
Commissioners of the County of Weld, (County), and the Colorado Department of Transportation,
(CDOT), agreed in principal that the County would convey County Road 392, from State
Highway 37 to State Highway 14, to CDOT ; and CDOT would convey State Highway 263, from
Mile Post 0.00 to Mile Post .35, and Mile Post 2.62 to Mile Post 6.747; State Highway 256, from
Mile Post 0.00 to Mile Post 2.999; and State Highway 37, from Mile Post 0.00 to Mile Post 6.933,
to the County, all as more specifically set forth in the attached Exhibit "A", and
WHEREAS, each entity further agreed to maintain the road or highway conveyed to it by
the other from the date of the conveyance, and
WHEREAS, the County and CDOT agree that each shall bear its own costs in effectuating
the conveyances set forth above, and
WHEREAS, by Resolution, CDOT has transferred the roads described above, to the
County, and
2007-3657
EG0056
ACCEPTANCE OF ROADS FROM COLORADO DEPARTMENT OF TRANSPORTATION AND
TRANSFER OF ROAD FROM WELD COUNTY TO DEPARTMENT OF TRANSPORTATION
PAGE 2
WHEREAS, the County must now transfer to CDOT that portion of County Road 392
contemplated by the August 2006, understanding.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the transfer of the property from the State of Colorado is hereby accepted,
BE IT FURTHER RESOLVED, that the County Road 392, between State Highway 37 and
State Highway 14 be, and hereby is, abandoned by Weld County, and is transferred to the
Colorado Department of Transportation.
BE IT FURTHER RESOLVED by the Board that this Resolution shall be recorded in the
Office of the Weld County Clerk and Recorder, and then presented to the Office of the Clerk to the
Board.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of December, 2007.
7- BOARD OF COUNTY COMMISSIONERS
P ?=' . ' L COUNTY, COLORADO
ATTEST: ()1/1/ 6. 4 c
1861 '.. ' )�'�� vid E. Long, Chair
Weld County Clerk to the B 'µ /rr
:,. William. Jgrk ro-Tem
De ty Cle to the Boar (_-(
W iljtarr�F:�G�i
AP ED AS "FO
Robert D. Masden
ounty ttorney
/ ougla Rademach r'
Date of signature: ill/b3
2007-3657
EG0056
LEGAL DESCRIPTION
ROAD 392
BETWEEN WELD COUNTY
AND
COLORADO DEPARTMENT OF TRANSPORTATION
Weld County Road 392, from the intersection with Highway 37, which is also known as
Weld County Road 55 and thence in an Easterly, Northeasterly, Easterly and Northerly
direction to the intersection with State Highway 14 and through the following Sections of
land, located in Weld County, Colorado:
In Township 6 North, Range 64 West of the Sixth Principle Meridian; Sections
13, 14, 15, 22, 23 and 24
In Township 6 North, Range 63 West of the Sixth Principle Meridian; Sections 3,
4, 8, 9, 17 and 18
In Township 7 North, Range 63 West of the Sixth Principle Meridian; Sections
24, 25, 26, 34, 35 and 36
In Township 7 North, Range 62 West of the Sixth Principle Meridian; Sections
4, 5, 8, 9, 17, 18, 19 and 30
In Township 8 North, Range 62 West of the Sixth Principle Meridian; Sections
28, 29, 32 and 33
The above legal description was prepared on October 24, 2007 by Leon W. Sievers,
Right of Way Agent, in and for Weld County, Colorado and is based on the attached road
map.
2007-3657
13 18 1] 16 15 14 to .a -
24 19 20 21 22 23 24 19 20 21 22 23 24 19 20 21 22 23
24 19
25 30 29 28 2] 26 25 30 29 28 27 26 25 30 29 28 27 26 25 30
..-
38 31 32 33 34 35 36 31 32 33 34 35 38 31 32 33 34 35 38 31
6 5 4 8 5 4 3 2 1 6
1 8 5 0 3
4
12 7 8 9 10 11 12 I
8 9 10 11 12 7 6 9 10 11 12 7
•
13 18 17 16 15 14 13 18 17 16 15 14 13 18 1] 16 15 14 13 18
4
2/ 19 20 21 22 23 24 19 20 21 22 23 24 19 20 ` 21
2 23 24 19 Fli 25 30 29 28
26 25 30 29 28 27 26 25 30 29 -^ 27 28 25 30
38 31 32 34 35 38 31 32 33 34 35 36 31 32 1 33 34 35 38
31
1 6 5 4 3 2 1 6 5 4 3 2 1 6 5 392 4 3 2 1 6
J .. '••12 7 8 9
10 11 12 7 6 9 10 11 12 7 8 9 10 ' 11 12 I
T••
13 18�; 1] 16 15 14 13 18 17 16 15 14 13 18 17 16 15 14 13
6
.• A
Y
24 19 20 21 22 23 24
19 20 21 22 23 24 20 21 22 23 24 19
25 30 29 28 2] 26 25
30 29 28 27 26 30 29 28 27 26 25 30
I. 1
36 31 32 33 34 35 36 31
36 31 32 33 34 35 36 31 32 33 34 4 ....
1 '1
I. 5 0 3 2 1 6
1 6 5 4 3 2 1 6 5 4 2 1 6
... ..
•..... 8 9 10 11 12 7
12 7 8 9 10 11 • 12 I 8 10 11 12 1
•
•
13 18 17 16 15 14 13 • 17 16 15 14 13 18 11 16 15 14 13 18
a
392 • •
▪ • 20 2
24 19 . 20 21 22 23 24 i-•20'•• 21 22 23 24 19 1 .22 23 24 19.•-
• , 28 2] 26 25 30
25 30 29 28 27 •t•-.28-•-, 25 30 29 28 27 26 25 30 29
. Riot
• • 32 33 34 35 38 31
�}•- ••BP-• ••BP-. 34 � 35 38 31 32 33 34 35 36
31•
• 1 6
4 ..13...x.•4•••! 1 6 5 4 3 2 1
6 5 4 3 2
•
' •12 7 8 - {0 44•-• 12 ] 8 9 10 11 12 ]
8 9 10 11 12 7
i ta 1] 16 • 15 fl ` 18 17 16 15 14 13 18
17 16 15 14 13 18
34' _ __ S, ! ••••
24 19 "� 23 24 19•••• 20 21 22 23 24 19 20 21 22 23 24 19
•
•
• .• 29 28 27 26 25 30
25 30 29 28 27 t•-Pb.. ♦,5 •'30••}..29. 28 27 26 25 30
• : ••I.
y • •
Elizabeth Strong
From: Stephanie Arries
Sent: Monday, November 19, 2007 1:42 PM
To: Elizabeth Strong
Subject: CDOT-WELD ROAD SWAP
Attachments: CDOT QCD - ROAD SWAP DEC 2007.doc; RESO FOR CDOT&COUNTY ROAD SWAP
QCDS DEC 2007.doc
CDOT QCD-ROAD RESO FOR
SWAP DEC 2007....&COUNTY ROAD SV
Elizabeth,
The attached are the deed and the Reso for the Road Swap . I have made a copy of
everything as well.
The Exhibit A for the Resolution is the legal description Leon prepared. It has a map of
the sections of road attached to it.
Let me know if you have any questions.
This should be on the agenda for December 5.
Thanks!
Stephanie
1
10
QUIT CLAIM DEED
THIS DEED is made this 5th day of December, 2007, between Weld County, Colorado, a
body politic and corporate of the State of Colorado of the first part, and the State of Colorado,
Department of Transportation, whose address is 4201 E. Arkansas, Denver CO 80222, of the
second part.
WITNESSETH, that the said party of the first part, for and in consideration of the sum
of$1.00, and other good and valuable consideration, to the said party of the first part in hand
paid by the said party of the second part, the receipt whereof is hereby confessed and
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second
part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand
which the said party of the first part has in and to the following described lots or parcels of land
situate, lying and being in the County of Weld and State of Colorado, to wit:
All of that property described in"Exhibit A" attached hereto.
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 party of the first part, either in law or equity, to
the only proper use, benefit and behoof of the said party of the second part, heirs and assigns
forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
IN WITNESS WHEREOF, I, David E. Long, Chair of the Board of County
Commissioners of said County of Weld, State of Colorado, on behalf of said County and by
virtue of the Order contained in the Resolution made by said Board of County Commissioners on
the 5th day of December, 2007, have hereunto set my hand and affixed the seal of said County
this 5th day of December,a
for the uses and purposes therein set forth.
ATTEST: lr%�G ,,- ,n
. ', i:1,Rf� COUNTY OF WELD, a body politic and
CLERK TO THE BOARD OF n orporate of the STATE OF
COU TY COMMISSIONERS. OLORADO
BY: /C12 f!--1-41.
Y:
De ty Cle to the Boar H:.c'„>;r,C-7
,. " David E. Long, Chair
`ciI ncr 0 5 2001
STATE OF COLORADO )
County of Weld ) ss.
)
The foregoing instrument was acknowledged before me this 5th day of December 2007,
1111111 11111 111111111 I i l l 11111111111 I I 1111111111 I I I I
3530130 01/21/2008 03:50P Weld County, CO
1 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder gip,-3657
by David E. Long, as Chair of the Board of County Commissioners of the County of Weld in the
State of Colorado.
Witness my hand and official seal this 5th day of December, A.D., 2O07.
My commission expires: ?.• '^:yt'
o: N RY
,-.6e-We4/(ty-346/16,12
M WPFILESDEEDS'CDOTdeed_wpd 1.5%PUBtiC
Ply COMM
HIED 11111 111111 111111 Hint HMO 11111 IIII IIII
3530130 01/21/2008 03:50P Weld County, CO
2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Exhibit "A"
Weld County Road 392, from the intersection with Highway 37, which is also known as Weld
County Road 55 and thence in an Easterly, Northeasterly, Easterly and Northerly direction to the
intersection with State Highway 14 and through the following Sections of land, located in Weld
County, Colorado:
In Township 6 North, Range 64 West of the Sixth Principle Meridian; Sections 13, 14, 15,
22, 23, and 24
In Township 6 North,Range 63 West of the Sixth Principle Meridian; Sections 3,4, 8,9, 17
and 18
In Township 7 North, Range 63 West of the Sixth Principle Meridian; Sections 24, 25, 26,
34, 35 and 36
In Township 7 North,Range 62 West of the Sixth Principle Meridian; Sections 4, 5, 8,9, 17,
18, 19 and 30
In Township 8 North, Range 62 West of the Sixth Principle Meridian; Sections 28, 29, 32
and 33
111111111111111111111111111111111111111111 11111 I I I I Hi
l
3530130 01/21/2008 03:50P Weld County, CO
3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION �• . O�
Region Four
1420 2n°Street
Greeley,CO 80631
(970)350-2103 Fax(970)350-2177 DEPARTMENT OF TRANSPORTATION
March 14, 2007
Mr. Drew Scheltinga
Weld County Engineer
P.O. Box 758
Greeley, CO 80632-0758
Dear Mr. Scheltinga,
Attached is a copy of CDOT's abandonment resolution for State Highway 263 from Mile Post 2.67 to Mile
Post 6.747, State Highway 37 from Mile Post 0.00 to Mile Post 6.933, State Highway 256 from Mile Post
0.00 to Mile Post 2.99, and a portion of the 1-25 East Frontage Road from Mile Post 240.50 to Mile Post
241.40. This resolution also accepts portions of County Road 392 from State Highway 392 to State
Highway 14.
This is classified as a simplified transfer since funds are not involved and there are no extenuating
circumstances that would make this difficult or complicated. As a simplified transfer the need for an
intergovernmental agreement between Weld County and CDOT is therefore eliminated, and the transfer
process is streamlined and simplified by having only letters and resolutions/ordinances exchanged
between entities.
Below is the list of actions needed to complete the transfer process:
• Upon receipt of CDOT's letter and abandonment resolution Weld County will pass a resolution (or
ordinance)accepting portions of State Highway 263, State Highway 37, State Highway 256, the I-
25 East Frontage Road and abandoning portions of County Road 392 from State Highway 392 to
State Highway 14.
• Weld County will send a letter and a signed copy of their resolution (or ordinance)to:
Julie Powers
CDOT—Region 4
1420 2nd Street
Greeley, CO 80631
• CDOT—Region 4 will send a final letter to Weld County stating the roadways have been
transferred.
• CDOT will file the transfer with the County Clerk and Recorder's Office in Weld County.
If you have any questions, please call me at 970-350-2109.
Sincerely,
Julie Poweers(/n
Rion 4 Business Manager
cc: Karla Harding/Regional Director Region 4
Dennis Allen/Maintenance Superintendent Region 4
James Flohr/Traffic Engineer Region 4
Rick Gabel/ Program Engineer Region 4
"Taking Care To Get You There"
OFFICE OF BOARD OF COUNTY COMMISSIONER
a 915 10th Street
P.O. Box 632
8 GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
' PHONE: (970) 356-4000, EXT. 4200
C. FAX: (970) 352-0242
COLORADO
October 9, 2006
Karla Harding, Regional Director
Colorado Department of Transportation
Region 4
1420 2nd Street
Greeley, CO 80631
RE: Intent to Accept Transfer of I-25 East Frontage Road from M.P. 240.50 to M.P. 241.40
into the Weld County Road System
Dear Ms. Harding:
This letter documents Weld County's intent to accept the portion of the I-25 East Frontage Road
from M.P. 240.50 (Northern limits of Town of Firestone) to M.P. 241.40 into the Weld County
Road system.
This letter of intent is being forwarded to allow for the East Frontage Road Abandonment
process to begin, which will include the development of an Intergovernmental Agreement (IGA)
to further define the roles and responsibilities associated with the abandonment between CDOT,
Weld County, the Town of Firestone, and the Town of Mead.
The transfer of the roadway will require CDOT to transfer$3.7 million to Weld County for the
purpose of reconstructing Weld County Road 9.5 and reestablishing access to the frontage road.
Thank you for CDOT's assistance in transferring jurisdiction of this roadway facility.
Sincerely,
27
M.J. eile, Chairman
Board of County Commissioners of
Weld County, Colorado
pc: Richard Gabel, CDOT Region 4
Wayne Howard
Resolution Number TC-1477
WHEREAS, State Highway 263, 256, 37, 66, 56 and Interstate 25
East Frontage Road are part of the State Highway System; and
WHEREAS, County Road 392 is part of the Weld County road
system; and
WHEREAS, County Road 32 (Carpenter Road) is part of the Larimer
County and City of Fort Collins road system; and
WHEREAS, under Section 43-2-102, Colorado Revised Statutes
(C.R.S.), the Colorado Department of Transportation (CDOT) has the
responsibility to maintain State Highway 263, 256, 37, 66, 56 and
the Interstate 25 East Frontage Road, and the Transportation
Commission of Colorado has the responsibility, under Section 43-1-
106, C.R.S. to formulate the general policy with respect to such
maintenance; and
WHEREAS, the Transportation Commission also has the authority,
under Section 43-2-106, C.R.S., to abandon that portions of SII 263
from Mile Post 0.00 to Mile Post 0.35 and from Mile Post 2.62 to
Mile Post 6.747 (Exhibit A). SH 256 from Mile Post 0.00 to Mile Post
2.999 (Exhibit A), SH 37 from Mile Post 0.00 to Mile Post 6.933
(Exhibit A), SH 66 from Mile Post 0.00 to Mile Post 1.416 (Exhibit
A), SH 56 from Mile Post 0.00 to Mile Post 2.999 (Exhibit A)and the
1-25 East Frontage Road from Mile Post 240.20 to Mile Post 243.20
which are no longer needed as a State Highway; and
WHEREAS, the Transportation Commission also has the authority,
under Section 43-2-106, C.R.S., to accept portions of County Road
392 between State Highway 392 and State Highway 14 and portions
of County Road 32 (Carpenter Road) between US 287 and I-25; and
WHEREAS, the Transportation Commission received from the City
of Greeley, the Town of Firestone, Weld County and Larimer County
letters accepting the abandoned portions of State Highway 263,
256, 37, 66, 56 and the I-25 east Frontage Road to their road
system (Exhibit B); and
WHEREAS, no land owner will suffer damages due to this action
provided the Cities and Counties accept the abandoned roads as
part of their road system; and
;
WHEREAS, the City of Greeley will assume full responsibility and
ownership of State Highway 263 from Mile Post 0.00 to Mile Post
0.635.
WHEREAS, the Town of Firestone will assume full responsibility and
ownership of the Interstate 25 East Frontage Road from Mile Post
240.20 to Mile Post 240.50.
Whereas, Weld County will assume full responsibility and ownership
of State Highway 263 from Mile Post 2.67 to Mile Post 6.747 and
State Highway 37 from Mile Post 0.00 to 6.933 and the I-25 East
Frontage Road from Mile Post 240.50 to Mile Post 241.40 and State
Highway 256 from Mile Post 0.00 to Mile Post 2.999.
WHEREAS, Larimer County will assume full responsibility and
ownership of State Highway 66 from Mile Post 0 to Mile Post 1.416
and State Highway 56 from Mile Post 0 to Mile Post 2.999.
NOW THEREFORE BE IT RESOLVED, that the Transportation
Commission of Colorado abandons portions of State Highway 263
from Mile Post 0.00 to Mile Post 6.747, State Highway 256 from
Mile Post 0.00 to Mile Post 2.99, State Highway 37 from Mile Post
0.00 to Mile Post 6.933, State Highway 66 from Mile Post 0.00 to
Mile Post 1.416 , and State Highway 56 from Mile Post 0.00 to Mile
Post 2.999, and the Interstate 25 East Frontage Road from Mile Post
240.20 to 241.40, and accept portions of County Road 392 between
State Highway 392 and State Highway 14 and portions of County
Road 32 (Carpenter Road) between US 287 and Interstate 25.
I hereby certify that this Resolution Number TC-1477 is a true and
exact copy of the resolution adopted by the Transportation
Commission on December 14, 2006.
inifer W Webster, Secretary
Transportation Commission of Colorado
Hello