HomeMy WebLinkAbout820819.tiff •
0 0
0 0
AR1889043 RESOLUTION
z
0 0 RE: VACATION OF THE SOUTH 30 FEET OF BRUNO AVENUE, THIRD FILING,
O 0 FT. LUPTON, COLORADO
o
_
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Now,
' ,0r Rule Charter, is vested with the authority of administering the
L c
0 Ci
affairs of Weld County, Colorado, and
1
CO 4.6 WHEREAS, the Board of County Commissioners of Weld County,
N LEI Colorado has received a request to vacate 30 feet of Bruno Avenue,
C
Third Filing, Ft. Lupton, Colorado, and
z
WHEREAS, it has been found that the domestic well has been
CO CC drilled 27. 1 feet off the property into Bruno Avenue, and
m- 144
WHEREAS, that part of Bruno Avenue, which adjoins Lot 1,
U u.
'" z Block 2, Country Estates, Fourth Filing, is more particularly
¢
-47)
} described as follows :
ccc
z Part of Bruno Avenue located in the south-
east quarter of Section 23, Township 1 North,
Range 66 West of the 6th Principal Meridian,
Weld County, Colorado,
The southern 30 feet of Bruno Avenue between
the east line of Tate Avenue and the west
line of County Road 35, all as platted in
Country Estates, Third Filing and recorded
in the records of the Weld County Clerk and
Recorder.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado has studied this matter and deems it advisable to vacate
the south 30 feet of Bruno Avenue, Third Filing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the south 30 feet of
Bruno Avenue, Third Filing be, and hereby is, vacated.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of
April, A. D. , 1982.
�y� BOARD OF COUNTY COMMISSIONERS
ATTEST: /I 6/.:^0.40Citlyttiatitt WELD COUNTY, COLORADO
Weld County lerk and Recorder !., , ?/, ,
ancClerk to the Boar ., T. Martin, Chairman
Bc \ � 1
t- . J (v A/L v y �CX,L ABSENT
( Deputy County Clerk Chuck Carlson, Pro-Tem
' l Li
APPROVED AS TO FORM: ABSENT
Norman Carlson
-
County Attorney C . Kirby
DATE PRESENTED: 4/14/82 e K. Steinmark 820819
� t
,..... , 6
41,t,
.....,...
MEMORAnDU
WilkTo Jeannie Ordway, Clerk to the Boat; a April 7, 19
COLORADO From Drew L. Schel ti noa, Director of Engineering (1` 1
Subject: Vacation of part of Bruno Avenue
The following legal description should be used in the Commissioners ' Resolution
of April 5, 1982, vacating part of Bruno Avenue.
Part of Bruno Avenue located in the southeast quarter of section 23, township 1
north, range 66 west of the 6th principal meridian, Weld County, Colorado.
The southern 30 feet of Bruno Avenue between the east line of Tate Avenue and
the west line of County Road 35, all as platted in Country Estates third
filing and recorded in the records of the Weld County Clerk and Recorder.
DS/dm
THE COUNTY ENGINEER, DREW SCHELTINGA, DID REVIEW
THIS RESOLUTION REGARDING A VACATION OF A
PORTION OF BRUNO AVENUE. IN HIS OPINION, THE
ONLY ERROR IN THIS RESOLUTION WAS IN THE TITLE
AND IT SHOULD HAVE READ AS FOLLOWS: RE: VACATION
OF THE SOUTH 30 FEET OF BRUNO AVENUE, THIRD FILING,
EAST OF FT. LUPTON, COLORADO. HE STATED THAT IT
IS NOT NECESSARY TO PREPARE A CORRECTED RESOLUTION.
CLERK TO THE BOARD OFFICE
Of f
scut coat *mama
� �
C :
1
L 4I,
SHADE, DOYLE, KLEIN, OTIS, SHAHA & FREY ) 1982 �
ATTORNEYS AT LAW
SUITE 300 GREELEY. COLD
RICHARD N.DOYLE GREELEY NATIONAL BANK PLAZA GREELEY TELEPHONE
HENRY C.FREY GREELEY,COLORADO 80631
ROGER A.KLEIN (303)353$700
FRED L.OTIS
WILLIAM E.SHADE DENVER METRO TELEPHONE
BRYAN D.SHAMA (303)659-7576
March 30, 1982
Weld County Commissioners
Centennial Center
915 10th Street
Greeley, Colorado 80631
RE: The South 30 feet of Bruno Avenue, which adjoins Lot 1,
Block 2, Country Estates, Fourth Filing
Gentlemen:
Please be advised that I represent Raymond W. and Helen Clark
who own the following property:
Lot 1, Block 2, Country Estates, Fourth Filing,
County of Weld, State of Colorado.
Also known as 16704 Bruno Avenue, Fort Lupton, Colorado
That the Clarks bought the above described property by Warranty
Deed on or about April 27, 1981 from David and Carol Wood. The
purchase involved some owner financing and consequently, the
Clarks were not required to obtain financing from an outside
lender for approximately four months after the sale. After
applying for a permanent loan and having the property surveyed,
the Clarks found that the domestic well, which had been drilled
by the request of the Woods, had been located 27. 1 feet off the
property into Bruno Avenue. The lenders that the Clarks have
contacted have refused to grant them a loan until they correct the
problem with the well. Naturally, lenders are not happy to extend
financing where there is no legal water supply on the property.
The Clarks are hereby requesting the County Commissioners to
vacate thirty feet of Bruno Avenue that adjoins their property. If
you vacate the said road, Colorado Revised Statutes, 43-2-302(b)
would apply which would vest title to the vacated portion in my
clients. It would, accordingly, permit them to obtain long-term
financing and solve a very difficult problem.
•
Weld County Commissioners
March 30, 1982
Page 2
You should know that Bruno Avenue was dedicated by the developer,
Roy C. Matthews, by a plat which was recorded on March 25, 1969
in Book 11, Reception No. 1529181 of the Weld County records.
The road at the present time is undeveloped and there does not
appear to be a plan or even a purpose in ever developing the
road. The road appears at this time to be nothing more than
grassland. Naturally, if a road ever was proposed, there would
still be a remaining fifty feet upon which to build the road, after
taking the thirty feet we are requesting.
You should also know that my clients have looked to find a way
to solve this problem in a number of different ways and this
appears to be the most desirable at the present time. The only
other way it could be solved is to move the well at a cost of
approximately $15,000.00.
My clients would appreciate your reviewing this matter at your
earliest opportunity. In the event that you schedule the matter
for a hearing, we would be happy to present evidence. Further,
in the event that you approve this matter, we will submit a correct
legal description of the part of Bruno Avenue that is being
vacated.
Sincerely,
'Fred"L. Otis
Attorney at Law
FLO:skn
Enclosure
cc: Raymond and Helen Clark
George M. Graber
•
FRED L. OTIS
ATTORNEY AT LAW
GREELEY NATIONAL PLAZA
SUITE 300
GREELEY, COLORADO 80631
DENVER METRO TELEPHONE NUMBER TELEPHONE:
(303) 659-7576 (303)353-6700
To Clerk to Board DATE March 30, 1982
Weld County Commissioners
915 10th Street suBjEcTLetter for Presentation Re:
Greeley, CO 80631 Clark
Der Clerk to Board:
Please find attached a letter for presentation to the Board of County Commissioners.
I would appreciate it if you would adivse me when this is scheduled for hearing.
Sincerely,
Fred L. Otis
Attorney at Law
FLO:skn
Attachment
i o.m u.L5 NJ'[BAs Dm...ntl BooA inc.Bo.505,DNlvi �eov
Hello