HomeMy WebLinkAbout810692.tiff Recorded at .._..1L 06-.—_,,. 'clock _.4c_M. APR ___.-91981
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eoo 933 Rea.No. 1854624 OYi �eutaxe
State of Colorado, Weld County Clerk & Recorder
RESOLUTION
I
RE: APPROVAL TO VACATE A PORTION OF WELD COUNTY ROAD 46
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
O affairs of Weld County, Colorado, and
WHEREAS, the Department of Planning Services has informed
ufl the Board of County Commissioners that Weld County Road 46 between
O
Weld County Roads 17 and 19 may be vacated, and
WHEREAS, the Department of Engineering Services has informed
the Board that there is no intention to open a new road in the
! foreseeable future, and
WHEREAS, the Board of County Commissioners desires to vacate
Weld County Road 46 between Weld County Roads 17 and 19 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
, missioners of Weld County, Colorado that Weld County Road 46
between Weld County Roads 17 and 19 be, and hereby is, vacated.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
April, A.D. , 1981.
�/9 f' ^" '" BOARD OF COUNTY COMMISSIONERS
ATTEST: / r ( �� li 2� o ! `" ``S t"` WELD COUNTY, COLORADO
Weld County Clerk and Recorder � .�,,„ OraE _ (Aye)
.and Jerk to the Boar Chuck'� Carlson, Chairman
( x , ., ( {/� 0 t� . / y�„u +-sue (Aye)
puty County' lerk / Norman Carlson, Pro-Tem
IPP VF AS TO FORM: t(/,/< < (Aye)
C.\ C. W. Kirby
C4 hg-is-- O 1
County Attorney ?. , _i (Aye)
n T. Martln4
ye)
ne . St inmark
810692
DATE PRESENTED: APRIL 8 , 1981
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' s `R Cathy Gerstberger April 1 , 1981
0 To Date
'' �=J Drew Schel-tinga --
COLORADO From
Vacation of Road 46 between 17 & 19
Subject:
The Engineering Department has reviewed this question. Since
there is no public traffic on this mile, and no intention to
open a new road in the foreseeable future , we have no objection
to releasing any right-of-way we may have.
Drew Schelting
mm
fEf®Rfl ®Ufl1
6a CLERK TO THE BOARD -OF COUNTY — a , January 25, 1978
� � ,-- To COMMISSIONERS - •. .
COLORADO From P. Kay Norton, Assistant County Attorney
subject: Public Right to Use Unimproved Section Lines as Roads.
rOn October 12, 1889, the Board of County Commissioners of Weld County,
Colorado, pursuant to Section 24-77 of the Revised Statutes of the
United States and Section 4 of Chapter 95 of the General Statutes of
the State of Colorado, declared all section and township lines in the
County of Weld, which were in the United States public domain at the
time of the resolution, to be roads 60 feet wide being 30 feet on each
side of the section and township lines. The resolution did not merely
reserve a right of way, but actually declared the subject section and
township lines to be roads. Therefore, the public has a right to
traverse any of those section and township lines whether or not the
County of Weld has physically opened a road on the site or has accepted
such road as a part of the County road system for maintenance and
repair. No person may legally deny access by another party to such
a public road, nor does the fact that a particular section line may
never have been developed as a road invest the owner of the abutting
property with any special or exclusive rights to the property covered
by the road.
P. KAY NORTON
•
Assistant Cslunt tto ney
PKN:cc
S cOLORAD
t tine COUATENTYOF OF viELD
"God
vuin iCommissioners �odt71
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- . . EXHIBIT "A„
•
=£xcerpt trots' theWeld County record map- of October -1907 which indicates the ..
right-of-way obtained by Weld County per •the section line law of Octoher_12, 1889 ,-
. Township moo. _ of Range 1�0.__ .: Or/,. '• - • lyest `c
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EXHIBIT "B"
,a - SECTION LINE LAW
•
State of Colorado
ss: - -
: ' County of weld
J.
Be it rereabered that on the /"2 day of Cetober,/A. D. ,
.1S89, the same being one of the regular days of the October meeting
of the Board of County Commissioners of the Ccunty of Weld, In the
Ste.te of Colorado, which regular meeting was duly convened upon
Mcnday, the 7th day of October, A. D. , 1889, and duly adjourned froth
day to day until said . �.2 JX
day of October , 1PP9, the fol-
lowing proc'ecdines inter alia were duly had and entered of record,
upon the minutes of the proceedings of said board, that Is to say:
l ,
Or. Motion of cr..t/s�sio/r.er r" va>_e=�TxP�, • . .saconded by
Coamissiocer� e-/- ataiv� the following order was unanimously
adopted: -
•
WHEREAS, Section 2477 of the Revised Statutes of -the United States
provides:
'The right- of way for the ccnetruction of highways over .public ^.n,
Lands not reserved for _public uses, is hereby granted. '
ARD WHEREAS, by virtue of an Act of tee General - Assembly -of the
State of Colorado, entitled:.
'An Act to Arend Section 4 of Chapter 96 of the General Statutes of
. • the State of Colorado, entitled 'Roads and Highways ',' approved April
7, 1286, it Is prcvidcd:.
'The Commissioners of the County day. at any regular meeting by an
order of the Board declare any section or tcwnst•lp line on the public,
domain, a public hfginey, and or ant; after ;he date of such or:•:r, it
shall be attestedlby the Clerk, under the seal of toe County, and ro-
corded in the office. of the R.ocordnr of Deeds . Ths road so laid out
shall be a public highway. '
AHD WHEREAS, the public interests require that there be a public
highwayson all section and township lines on the United States public
•
domain, within The limits of the County of Weld,
IT IS HEHESY ORDERED, by the Board of County Cc2u:issioners of the
• County of Weld tnat all section and township lines on toe public do- '
main of the United States , .within :ha County of Weld and State of
Colorado, to wit: In Townships 7, 9. 9. 10, and 11, North , in Ranges
65. 67, 68. 62, and DO, West, of the Sixth Principal Meridian; 1
Townships 1, 2, 3, 4 . 6, 5, 7, 8. 9. . 10, and 11 , north, In Ranges 61,
52, 53, 54, 66, 65, and 67, West of the S1xtn Principal Meridian,
and Townships 1, 2, 3, and 4, North , In Range 68, west of the Sixth
Principal Meridian, and in Sections 19 to 35, inclusive , . In Township
12, North, In Ranges 66 to 67. Inclusive , West of the sixth Principal
Meridian, be and the same hereby are declared to be _the centre of pub-
lie highways or Co•tnt, roads , which said roads shall be rnd hereby
are declared tc be roads 50 feet wide. . being 30 feet on each side of
said Section and Township lines .
And be it further Ordered that a duly certlflod transcript of the
order and action of tnis board concerning said public highways , duly
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2.
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attested by the Clerk .of this board, under the seal of the County of
Weld, shall be forthwith prepared and recorded In the office of the
• County Clerk and Recorder of deeds , 'of Weld Countyl Colorado • •
•
And be it further ordered that the County Clerk and Recorder of
Weld Ccunty., Colorado, be and he is hereby instructed, when said car
titled order is so recorded, to prepare three certified transcripts
of such recorded order, one of which transcripts shall be mailed by
him, by registered letter, to the Honorable United States Surveyor . '
General for the State of Colorado; another to the Honorable Register -
'
and Receiver of the Land Office s: Denver, Colorado, and another to
the Honorable Commissioner of the General Land Office, at Washington
• D. C. , and that said County Clerk and Recorder shell make report of his
acts and doings hereunder, to the next meeting of this board. If
•
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I, FRARK F. FHOSS, County Clerk of the County of yield, and ex officio
Clerk of the- Board of Ccunty Commissioners of the County of Weld and
State of Colorado, • - _
DO HEREBY. CERTIFY the above and foregoing to be a true and correct
copy from the minutes and record of the proceedings of the Board of-
. 1. �
Ccunty Commissioners of the County of Weld, on the . . . . . day of
October , 1E39, the same being one of the regular days of ire regular
October A. D. , iF=9 renting of cnld Hoard of County Commtn, foners .
• IN WIt9CSS WHEaf.OF, I do hereby affix my hand as said Ccunty Clerk,
and attach the official seal of the County of Weld, this . . / �
�i. . : . day
of October, A. D. , 1SE9.•
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