HomeMy WebLinkAbout20070173.tiff RESOLUTION
RE: ACCEPT DEED OF DEDICATION FOR WELD COUNTY ROAD 23 AND AUTHORIZE
CHAIR TO SIGN -ALICE PEHR
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Deed of Dedication for Weld County
Road 23 between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and Alice Pehr,
11422 Colorado State Highway 52, Fort Lupton, Colorado 80621,with terms and conditions being
as stated in said Deed of Dedication, and
WHEREAS, after review, the Board deems it advisable to accept said Deed of Dedication,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Deed of Dedication for Weld County Road 23 between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, and Alice Pehr be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Deed of Dedication.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of January, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: " 1
11 vid E. Long, Chair
Weld County Clerk to the B
// � fC ''.1111i lidm . Jer r Tem„
BY: k7 �/2/Y7/ 7
Deputy Clerk to the Board
Willi F. Garcia
APPROVE AS TO FOR :
Robert D. Masden
my orney c2i, .-4))--
I/-2-2/1,.7 Douglas Rademachk
Date of signature:
2007-0173
EG0056
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MEMORANDUM
WIlieTO: Clerk to the Board DATE: 1/9/2007
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Consent Agenda Item
Item for Chair's signature and recording:
Deed of Dedication for road right-of-way along WCR 23 with Alice E. Pehr.
Enclosures
M:Tranc ie'Agend-Leon.doc
2007-0173
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: Acceptance of Right of Way Deed
DEPARTMENT: PUBLIC WORKS DATE: January 4, 2007
PERSON REQUESTING: Leon Sievers, Public Works, Right of Way Agent
Brief description of the problem/issue:
The Public Works Department is presenting a Deed of Dedication for road right of way along WCR 23 south of
Highway 52. The road exists without the benefit of a recorded or documented right of way. The land owner is
beginning the Recorded Exemption process and discovered this oversight. This Deed is being presented to
correct the problem by providing documentation of the right of way and is being offered without any
compensation to the land owner.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The options are to accept or not accept this right of way. If the Board chooses to not accept this right of way, the
road will continue to exist but the land owner will have a cloud on the title to the land and the road will unjustly
encumber the property.
Recommendation to the Board:
To correct the problem, eliminate any future questions of right of way and to assist the land owner in removing
this encumbrance, it is recommended this Deed of Dedication be accepted and recorded. Thank you for your
consideration.
Approve Schedule
Recommendation Work Session Other
Long V
Jerke
Garcia /4/ 6
Masden
Rademacher
Attachments
ntleon/misc/pehr
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that ALICE PEHR, also known as
ALICE E. PEHR, also known as ALICE ELIZABETH PEHR, whose address is 11422 Colorado
State Highway 52, Fort Lupton, Colorado 80621, being the sole owner of that certain property
described in Exhibit A, attached, does hereby dedicate forever said property as part of a public
highway pursuant to Colorado revise Statutes 43-2-201(1)(a), free and clear of all liens and
encumbrances except existing easements and hereby warrants title to the same.
EXCEPT RESERVING UNTO SAID OWNER, ALICE PEHR,the mineral estate
under the highway, including all oil and gas and all water rights currently attached to or associated
with the right of way.
Alice Pehr, a.k.a. Alice E. Pehr, a.k.a Alice Elizabeth Pehr
STATE OF COLORADO )
) ss
COUNTY OF WELD )
The foregoing was subscribed and sworn to before me December 19,2006 by Alice Pehr,
a.k.a. Alice E. Pehr, a.k.a Alice Elizabeth Pehr.
My Commission expires �littniaJ ao Dy OS.
�pBY PV •
MARIANNE
Not. Public S N`. p
OF Ca.
ACCEPTANCE
THE COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners,hereby accepts the above dedication of property as a public right of way
pursuant to Colorado Revised Statutes 43-2-201(1)(a)this g≤'day of January, 2007.
THE COUNTY OF WELD, A BODY CORPORATE
AND POLITIC OF THE STATE OF COLORADO
1 UM 11111 11111 11111 1111111 I I 11111111 III 1111111111111
/' 3450597 01/24/2007 02:26P Weld Counry, CO
/ 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
By: ca;� E-4-di
David E. Long, Chairman, B and of County
Commissioners of the Coun of Weld
01/15/2006
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ATTEST: bent k 4u_ n IE La
CLERK TO THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY W
C':•
,i
By: figgZ eih -7'17"L7? G o
flilDeputy Clerk to the Board
STATE OF COLORADO )
) ss
COUNTY OF WELD )
The foregoing was subs ,,j.,. d sworn to before me this t 5th day of January, 2007 by
David E. Long, Chairman, Board of •t.,. :( :� issioners of the County of Weld.
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3450597 01/24/2007 02:26P Weld County, CO
2 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
Exhibit A
Two parcels of land located in Section 1, Township 1 North, Range 67 West of
the Sixth Principal Meridian, County of Weld and State of Colorado, more particularly described
as follows:
Parcel 1:
The West 30 feet of the Southwest Quarter of said Section 1.
Parcel 2:
The East 10 feet of the West 40 feet of the South 1691 feet of the
Southwest quarter of said Section 1
111111111th 01211411121 010117 t\tttilt
3450597
3 0l 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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