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Home My WebLink About20050319.tiff RESOLUTION RE: VACATION AND DISCLAIMER OF RIGHT, TITLE AND INTEREST IN AND TO DRAINAGE EASEMENT -TOWN OF FREDERICK 683 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 request on behalf of the Town of Frederick, Colorado, for the Board to vacate and disclaim its right, title and interest in and to a drainage easement ("Drainage Easement") located in the NE'/ of the NE% of Section 25, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, a copy of said request is attached hereto and referred to herein as Exhibit "A," with said request including as an attachment thereto a survey plat prepared by Gillans Incorporated showing Drainage Easement, and WHEREAS, Weld County was granted Drainage Easement by instrument recorded in the Office of the Weld County Clerk and Recorder on June 18, 1979, at Book 872, Reception Number 1794086, a copy of which is attached hereto and referred to herein as Exhibit "B," and WHEREAS, Drainage Easement has been annexed into the Town of Frederick ("Frederick"), and Frederick now desires that Drainage Easement be replaced with a smaller, more direct drainage easement which will be owned by Frederick, and WHEREAS, Weld County has no further need for Drainage Easement and the Board now deems it appropriate to grant Frederick's request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Drainage Easement shown on the survey plat in the attached Exhibit A and granted to Weld County by instrument recorded in the Office of the Weld County Clerk and Recorder on June 18, 1979, at Book 872, Reception Number 1794086 (Exhibit B), be and hereby is vacated. BE IT FURTHER RESOLVED by the Board that the Board hereby disclaims any and all right, title and interest Weld County may have in and to Drainage Easement. 3E\VIII VIII IIIIII!Ill llllll llllll 111 lull llll it 3260683 0211112005 1 of 5 R 0.00 D 0.00 Steve Moreno Clereld Conn , 2005-0319 EG0052 VACATION AND DISCLAIMER OF RIGHT, TITLE AND INTEREST IN AND TO DRAINAGE EASEMENT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ' 1861 (r�l� `1- x , i ` William H. Jerke, Chair :u Clerk to the Board ®UNI EXCUSED 41/11.", M . Geile, Pr -Te Deputy Cler o the Board David E. Long APP AS TO FO . EXCUSED Robe D. Masden County Attoh y 11O-6-el Glenn Vaad Date of signature: O�/09/o s- 111111111111111111111111111111111111111 III 3260683 02/11/2005 04:11P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0319 EG0052 t, TO: Board of County Commissioners FROM: Bruce T. Barker, Weld County Attorney WilD DATE: January 17, 2005 . RE: Request to Vacate and Disclaim Right, Title and Interest COLORADO in and to Drainage Easement The Town of Frederick has requested that the Board vacate and disclaim any and all right, title and interest in and to a drainage easement located on the southwest corner of the intersection of WCR's 13 and 18. A copy of a survey plat showing the drainage easement is attached. The County got this drainage easement by grant from Joseph E. Jones in June, 1979. I suspect that it was to deal with drainage issues for the two roads at that intersection. Apparently, Frederick intends to install a new box culvert as shown on the plat. The roads and property where the drainage easement is located have been annexed by Frederick. Back in September, 2004, Commissioner Masden signed the attached letter, saying that Weld County had no objection to Frederick vacating the drainage easement. A week ago, I received a phone call from Dick Leffler on behalf of Frederick, asking that the Board vacate Please feel free to let me know if you have any question., regarding this Memorandum. ce T. BarkerG � Weld County Attorney L"L'J1"flJ'J'J'L"N" 2683 2005 4 D 0.00 Steve Moreno Clerk 3 $ Recorder DRAINAGE EASEMENT VACATION EXHIBIT LINE TABLE EXHIBIT "A" LINE LENGTH BEARING - ;ftr` El 30.00' N00'03'11"E CURVE TABLE SCALE: 1" = 50' E2 5.19' NOO'03'11"E CURVE LENGTH RADIUS , E3 6.08' S73'40'46"E Cl 218.77' 170.00' NE CORNER 50' 0 25' 50' SEC. 25t EAST LINE NE 1/4 SEC. 25 25'x25' iNATURAL CO. ROAD 13 - GAS EASEMENT R=98.60' (REC. #1729326) L=38.43' � w/ 1 PROPOSED 30' / R.O.W. DEDICATION I - _J SO. 33'45'W o F,O 77. 99.9 / / Z cap Q�OP�P ''S / Sp, / . 0 0 O0(3"o 47- / / w � p. u3 d o 0• �` / / / o Gc>, co o / / 71 / / PERPETUAL ESMT. GRANTED i+� TO WELD COUNTY TRI AREA E1 N. E2 y'I . SANITATION DISTRICT FOR - ��:1% / DRAINAGE CHANNEL ND _ / (REC. #02078338) 70. )0' cO _ — 49 �Q p —w — — Oea C. O+ a0 o _ QOQ�F\J�+p• o ofCC of k' ° z � QJPJO�G cn N • z Z O � it°n t0 0 co M Ee H a a�i M a) w � oE0 LOTA Z ono 0w RETAIL Z 1- 0 U (, (3 Ln EnN (n p a w 104,4462 SF± O wwa 2.40 AC± N a) w a �' E co o z O O O w IIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII p a 0 w a. w 3260683 02/11/2005 04:11P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder -a. , Gillans Incorporated w _ 8471 Turnpike Drive,Suite 200 Z Westminster,CO 8003I w303-426-1731 Z (�'►�'p'�I' �1 Y� Fax:303-426-1732 Z v "`xi,`� www.gillans.com I.-- I(0 0299.98' z ` ©carman tow 4038pIats.dwg DATE PREPARED: 8/20/04 ° Iit • ' ' 1 a' "II ` 'stilt s_ 1 t : :It ,t t ;;1/4., - _ - t 4; • :v .„, ., 1/2 „ . . . „J.. . . . •• s . „ • • ;. r flZ;i • ant • • • • •1111111111111111111111IIII111111111111III11111IIIIIiii • •• • • k ,,I �{ f 3260683 02/11/2005 04:11P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder F. ��G4« �a a'Mien30 ask P ,.JUN 1 81979 �i ;2.. ( 6 VT F : ►'tiS rra.wag rauMY.Q�k' gm,* J _ aging; 'f . ..1 , GRANT OP-PERPETUAL EASEMENT T OF PERPETUAL EASEMENT made w this '/s ondayes of �' ' .� , -1979, by and between.Jo•ep�E.3onaa and. x o ',..A,14.' , hereinafter referred to as grantors to the County p+. '? of Weld, a body corporate and politic, hereinafter referred to as t- grantee: - W WITNESS ET > ' . • Grantors, in consideration of TEN AND NO/100 ($10.00) DOL- N RS and other valuable consideration, receipt of which is MRS -o acknowledged and in consideration of the respective benefits to be derived by. reason of locating, establishing, constructing and maintaining a certain drainage channel, a portion of which -shall traverse the Northeast quarter of Section 25, Township 2 Ft North, Range-68 West of the Sixth Principal. Meridian in Weld �+ County, Colorado, do hereby convey, grant and release to the grantee, an easement and right-of-way for a certain portion of the drainage channel, over and across lands owned by us and more particularly described as follows: • A tract of land in the Northeast 1/4 of the Northeast + : 1/4 of Section 25, Township 2 North, Range 68 West of .r:: the Sixth Principal Meridian, in Weld County, Colorado, lying 25 feet either side of a centerline described as " . follows: - e Beginning at a point on the north line of Section 25, i' said point being 185.0 feet west of the northeast corner of Section 25, and running south perpendicular to the north line of Section 25, 70.0 feet to a point; thence 237.5 feet along the acr of a curve to the - _ ' left having a radius of 160.0 feet to a point; thence 38.9 feet along the arc of a curve to the right having a radius of 98.6 feet to a point on the east line of c-. Section 25, said point being 240.2 feet south of the .Z(c northeast corner of Section 25. Said easement contains - _ 0.40 acres more or less. Excepting there from right- of-ways for road purposes on the north and east lines of Section 25. I The easement and right-of-way hereby conveyed, granted and released is for the sole purpose of locating, establishing, constructing and maintaining a drainage channel over and across , . ' the above described land, said drainage channel being a part of • the drainage system for the municipalities of Firestone, Frederick, and Dacono, all in Weld County, Colorado, and for unincorporated areas ,if Weld County within the proximity to the t aforedescribed municipalities. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and year first set forth above. P1 JOSEPH 6. JONES i G5..Ita ..:eNa6 6f STATE OF COLORADO ) ) 66. County of Weld ) —- -- - The foregoing instrument was acknowledged before me this + ,: t,' r ! "uey' .-..r , . t< r :.•- t/ 5r...::. . . ,,kd,y}9+nvf.,yµ F c :et •11 a 1? ;F• t . -- h i r �S�.. dav:of ` ' ,• 3.97.91;.-by Joseph E.: Jones and ,- fr : Witness my,hand and official seal. $'i -‘ z.t1 D l i, �, '.l�q�commiseion expires . .f -5•1:21;,_27.1. ' fir t'l OO t ` u, NF r c'�o• �r talY i r;b -. a ti r y:M Y -,',,1-1:, •i :f Jo e i4 , . rr ii`. i„. . ti j • vg 4Pg u 14:,"..-; F /{ e4 471k z� n4, „ s citea OFFICE OF THE COUNTY COMMISSIONERS P 915 10thP.O. SOX ET 758 .O. BOX 758 ID GREELEY, COLORADO 80632 WEBSITE: www.co.weld.co.us C. PHONE: (970) 36-4000, EXT. 4200 FSAX: (970) 352-0242 COLORADO September 27, 2004 Eric Doering, Mayor Town of Frederick 401 Locust Street P.O. Box 435 Frederick, CO 80530 Re: Proposed Vacation of Drainage Easement Dear Mayor Doering: Pursuant to a letter received from Robert Harris, Director of Surveying, Borne Engineering, dated September 15, 2004, the Board of County Commissioners of Weld County understands that Frederick proposes to vacate a drainage easement located in the NE'/4NE'/4 of Section 25-2-68, which was granted to Weld County by Joseph E. Jones in May, 1979. The Grant of Perpetual Easement was recorded in the office of the Weld County Clerk and Recorder on June 18, 1979, at Reception No. 1794086. The Town has annexed the property where the drainage easement is located and intends to install a box culvert about 40 feet north of the easement to accommodate the necessary drainage. It is the Board's further understanding that the Town desires to obtain from Weld County a letter of support for the vacation. Enclosed are copies of Mr. Harris' letter, the Grant of Perpetual Easement, and the Drainage Easement Vacation Exhibit. Weld County has no objection to the Town's vacation of the drainage easement and supports the same. Please feel free to call me at (970) 356-4000, ext. 4200, or Don Carroll, Weld County Public Works Department, at (970) 304-6496, if we may be of any further assistance. Sincerely, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, C LORADO Robert D. Masden, Chairman pc: Bruce T. Barker Robert Harris Borne1GINEER,NGW Performance Reborn. September 15, 2004 Bruce Barker, County Attorney Weld Count/ PO Box 758 915 101h Street Greeley, CO 80632 Re: Vandeventer Subdivision Filing No. 1 Drainage Easement Vacation Dear Bruce: We are requesting that Weld County vacate an existing Drainage Channel Easement recorded June 18, 1979 in Book 872 at Reception No. 1794086. This easement is located in the proposed Vandeventer Subdivision Filing No. 1 which is currently under review by the Town of Frederick. More specifically, the site is at the southwest quadrant of Weld County Roads 18& 13, located in the Northeast 1/4 of the Northeast 1/4 of Section 25, Township 2 North, Range 68 West of the 6Th P.M. The existing drainage channel located in the easement will be removed and replaced by a box culvert in a different location. The proposed box culvert will have a new easement dedicated to the Town of Frederick. Per the Town of Frederick Easement Vacation Process, they are requesting a Letter of Support from affected agencies. I have enclosed the following for your review: 1) Document recorded June 18, 1979 in Book 872 at Reception No. 1794086 2) Drainage Easement Vacation Exhibit 3) 11'X 17' Review copies of Preliminary Map and Final Plat of Vandeventer Subdivision Filing No. 1 4) Review copies of construction drawings for WCR 13 &WCR 18 Bridge Replacement Project 5) Section 4.16 Vacation of Right-of-way or Easement Process from Town of Frederick Land Use Code Please feel free to contact me if you have any questions or concerns. Sincerely, BORNENGIN RING �n t Robert E. Harris, PLS Director of Surveying REH:reh cc: M2004\04038 trederick annexation properly\124 annexation map\welc co drain esmt vacate 9-15-O4.doc 8471 TURNPIKE DRIVE SUITE 200 WESTMINSTER, CO 80031 TEL 303/426 1731 FAX 303/426 1732 BORNENGINEERING.COM Hello