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Home My WebLink About20032555.tiff ,L CORRECTED RESOLUTION �/ RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF RIGHT-OF-WAY ON WELD COUNTY ROAD 18 - GOMER HILL LIVING TRUST 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 was presented with a Road Petition from the Gomer Hill Living Trust, 12526 Weld County road 18, Fort Lupton, Colorado 80621, a copy of which is attached hereto and included by reference, requesting vacation of a portion of right-of-way on Weld County Road 18, being more fully described as follows: The public road right-of-way lying south of the north 30 feet of Section 30, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the County Attorney's Office and Public Works Department recommended approval of said request since that portion of Weld County road right-of-way is not needed for the safety and welfare of the traveling public, and WHEREAS, the adjoining landowners were mailed ten days notice by the Clerk to the Board of a public hearing set for September 3, 2003, to consider the vacation of that portion of Weld County road right-of-way which is described above, and WHEREAS, any persons owning dedicated and recorded easements and rights-of-way for the use of the right-of-way to be vacated, if any, may continue such use after formal vacation by Weld County, and WHEREAS, the Board of County Commissioners heard testimony and reviewed all other evidence presented therein by staff and the public, and WHEREAS, the evidence showed that the vacation of that portion of Weld County road right-of-way which is described above will not leave any land adjoining the roadway without an established public road or private access easement connecting the land with another established public road, and WHEREAS, at the public hearing on September 3, 2003, the Board of County Commissioners deemed it advisable to vacate said portion of Weld County road right-of-way, with said vacation to become effective upon recording as required below, and WHEREAS, this Corrected Resolution is necessary to correct the legal description of the Board's prior Resolution, dated September 3, 2003, and recorded in the Office of the Weld County Clerk and Recorder at Reception Number 3165374 on March 29, 2004. 111111111111 IIIII 111111111111 III/ 111111 III 101/III 3190542 06/18/2004 11:10A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2003-2555 EG0043 RE: VACATION OF A PORTION OF WCR RIGHT-OF-WAY - GOMER HILL LIVING TRUST PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from the Gomer Hill Living Trust be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the portion of Weld County right-of-way which is described above be, and hereby is, vacated. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to record this Resolution in the records of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of September, A.D., 2003. E B ARD OF COUNTY COMMISSIONERS COU TYnCOLORADO � 1861 David E. Long, C^1 it IU '� Clerk to the Board (\t>b. 111 Robert asden, Pro-Te • Deputy Cler to the Board . . Geile APPROV€. AS TO FORM: Willis H. Jerke 2(untyAttor ey Atuitl� ./tceS Glenn Vaad Date of Signature: 111111111111 11111111111 111111 1111 111//1111 11111 'till 3190542 06/18/2004 11:10A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2003-2555 EG0043 NOTICE Pursuant to Section 43-2-303, C.R.S., and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, during its regular Board meeting. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. DATE: September 3, 2003 TIME: 9:00 a.m. APPLICANT: Gomer Hill Living Trust 12526 WCR 18 Fort Lupton, CO 80621 REQUEST: Petition to Vacate a portion of Weld County Road 18 subject to dedicated and recorded easements and rights-of-way LEGAL DESCRIPTION: The public road right-of-way lying south of the north 30 feet of Section 30, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 15, 2003 2003-2555 ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS DATE: August 12, 2003 WELD COUNTY, COLORADO P.O. BOX 758 GREELEY, COLORADO 80632 FROM: (Petitioners): Name Property Gomer Hill Living Trust Parcels #'s 130930000053, 130930000073, and 12526 WCR 18 130930000074. Fort Lupton, CO 80621 See descriptions in the attached Exhibit"A." I, the undersigned citizen and part owner of real properties located in Weld County, Colorado, hereby petition that the road right-of-way described in the attached Exhibit "1" for the former Weld County Road 18, located south of the north 30 feet of Section 30-2-66, be declared abandoned and vacated by Weld County. The properties and owners of said properties adjoining said right-of-way are as follows: Gomer Hill Living Trust and Parcels#'s 130930000053, 130930000073, and Gomer Hill and Julane M. Hill 130930000074. See descriptions in the Living Trust attached Exhibit "A." 12526 WCR 18 Fort Lupton, CO 80621 Existing utilities within the right-of-way or holding a recorded interest to use or cross this right-of-way, may include, but are not limited to, oil and gas pipelines, sewer, gas, water, or similar pipelines and appurtenances, ditches or canals and appurtenances, and electric, telephone, and similar lines and appurtenances. As support for this petition, Petitioners state that the right-of-way has not been maintained by Weld County since WCR 18 was straightened in 1993 or 1994; that no part is within a City or Town or a County other than the County of Weld, that no portion of the right-of- way is shown as part of an approved or recorded subdivision plat, map, or unincorporated community legally filed prior to any regulations controlling subdivisions; that the right-of-way is not used by the public; that vacation of the right-of-way will not leave any land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road. Page 1 of 2 Pages J SI / ADDRESS 12526 WCR 18 Gomer/t Fort Lupton, CO 80621 S SWORN to by Gomer Hill, before me this 12th day of August, 2003. 1 0 t. • _f DONNA J..n IM§gfiid d official seal. �*F OF Opp OQp43 �-1 ,4if 2>� MyCommhriaEr inApiS 42004 Notary Public My commission expires: mil--/Q— M:\WPPILES\P WORKS\EDORR.WPD Page 2 of 2 Pages Weld County, Colorado Page 1 of 2 Weld County, Colorado { m fl 25 m4,4 I r ` � ? {r -- t"'L-� 0 watzummanumu, 5a...s 3 50ft �4 , http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=weldovr&Form... 8/12/2003 Weld County, Colorado Page 2 of 2 Legend Seleded_Features nCounty Border Clty Limits ems.a ® + , N saemide 1 Eden Erre EU Prom • FwYme l4Miaow Freelance ElGsdsn Cay Greeley El Garay • Hnical ETIMarino '4; icreereourg Kweel O LaSalle Loderkaa tfnimal �� Mead :: Mfian rlNew Rarymer • INcrftalem Num VASerenade Trod ® weirdo Parcek l l Qtr.Section Gad Photography{high Res.) Photography(low Res.) 130930000073 HILL GOMER LIVING TRUST(50% INT) & 12526 WELD CO RD 18 Total Taxes: $65.20 Amount Due: $0.00 FT LUPTON,CO 80621 http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=weldovr&Form... 8/12/2003 Weld County, Color Page 1 of 2 Weld County, Color ko a - » ' E: « : • CD«� \ < 2�I �y�x ' CD ° � y � , /d }° \ it, , : \^ \ © . :\ «/ • }. « . }\ � °\ \ . \ I— ' y / ° t\ ^ \ ° y \ , . , : 2 * . ' © ;.it <\ /\ / ) y\ y .��° \ � � \ y \ : . 4 \ \ . » . \ ^ \ : \\ _ < \ \ ! . « •«» . . . . . \ \ 22} � . \ . 4 .,-/•.''t < ° : Rm> aEmery bZm®esri. r a+service Amy moo». q! 2Zolo Weld County, Colorado Page 2 of 2 Legend Selected Faaturea nCounty Border City Limits [:1 Baia Bra, `\ Brown feed KADecay Ellin Et* EMU FiaNar Fra irk C, Cey Gamest Grover Nudof dohreben KeaRg &\ Kersey LaSalle EiLeah= ® Neal ® Neer Raymer R9 Narern ED N. kA Pena MAPisani* KiSeverance T1rarast QWittier Parcels O .Section Grid Photography(high Res.) Photography(low Rea.) 130930000053 HILL GOMER LIVING TRUST(50% INT) & Total Taxes: $1,271.32 12526 WELD CO RD 18 Amount Due: $0.00 FT LUPTON, CO 80621 http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?ServiceName=weldovr&Form... 8/12/2003 EASEMENT THIS EASEMENT,granted this ..2/ 'gay of August,2003, between GOMER HILL LIVING TRUST dated May 25,2000 for the benefit of GOMER HILL and JULANE M. HILL LIVING TRUST dated May 25,2000. for the benefit of JULANE M. HILL whose legal address is: 12556 Weld County Road,#18,Fort Lupton, Colorado 80621 of the *County of Weld,and State of Colorado,the Grantee. WITNESSETH,the Grantor,for and in consideration of the sum of $1.00 dollars, paid to the Grantor by the Grantee,the receipt and sufficiency of which is hereby acknowledged,does hereby grant, bargain,sell, and convey to the Grantee an easement for the purposes of: Access to the property owned by the Goldens that is due south of Lot 5,NW4NE4,T2N, R66W, Section 30. Over and across the following described parcel of real property situate in the County of Weld and State of Colorado to wit: 250'due south from the survey pin at the N '/4 corner of section 30 to join to existing easement (road)granted in the past. This easement will exist on Lot 5.N W4, NE4,Ten, R66W,530. This Easement is for the benefit of and appurtenant to that land,or any part thereof,situate in the County of Weld and State of Colorado, and describes as: Same as above. This Easement shall expire upon the happening of the following event or at the time set forth below, whichever is earlier: In perpetuity. The Grantee agrees to repair and maintain the easement granted herein at the cost and expense of the Grantee, and that said Grantee will in no way hinder or prevent the proper and reasonable use and enjoyment of the property through which the easement is granted. GOMER IVINCyTRUST JULANE M. HILL LIVING TRUST dated 2000O// dated d May 25,2000 by L 91�d "" by IVGt-�CL!(/ 1/, / z/ Comer Hil , rustee Jul ne M. Hill rustee by( icrc�xE �. it-Le by Julane M. Hill,Trustee er Hill,Trustee STATE OF COLORADO ss. COUNTY OF n The foregoing instrument was acknowledged before me this e2 1St day of /�Vsosr ,20�3by m Goer Hill,Trustee and Julane M. Hill,Trustee. U Witness my hand and official seal. My commission expires: °Vol TIMOTHY G. HILL 1 Notary Public Notary Public 1 State of Colorado EXHIBIT IIPWIPrrnnerril Hello