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Home My WebLink About850151.tiff B 1081 REC 02021605 08/21/85 15: 21 $0. 00 1/002 F 0497 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2021605 ---- -- RESOLUTION RE: GRANT REQUEST TO VACATE FOX AVENUE EAST OF JOHNSON STREET IN EVANS ADDITION 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 of County Commissioners received a request to vacate a portion of Fox Avenue in the Evans Addition, and WHEREAS, this request was referred to the Weld County Engineering Department for its recommendation, and WHEREAS, the recommendation of the Engineering Department is to vacate all of Fox Avenue east of Johnson Street in the Evans Addition, being more particularly described as follows: All that portion of Fox Avenue lying east of Johnson Street, within the Evans Addition as recorded at 2 :30 o'clock p.m. , October 21 , 1907 . WHEREAS, after study and review, the Board deems it advisable to accept the recommendation of the Weld County Engineering Department, to vacate all of Fox Avenue east of Johnson Street in the Evans Addition, and WHEREAS, the Board further deems it advisable that the Weld County Attorney shall prepare Quit Claim Deeds conveying said property to the abutting landowers, said Quit Claim Deeds to be executed by the Chairman of the Board and recorded in the office of the Weld County Clerk and Recorder. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the recommendation of the Weld County Engineering Department concerning the vacation of Fox Avenue east of Johnson Street in the Evans Addition, be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board that the Weld County Attorney be, and hereby is, directed to prepare Quit Claim Deeds concerning the vacation of Fox Avenue, said Quit Claim Deeds to be executed by the Chairman of the Board of County Commissioners and recorded in the office of the Weld County Clerk and Recorder. Gocck' 850151 B 1081 REC 02021605 08/21/85 15 : 21 $0. 00 2/002 F 0498 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 2 RE: REQUEST TO VACATE FOX AVENUE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of August, A.D. , 1985 . \ y� n � BOARD OF COUNTY COMMISSIONERS ATTEST: 111a-44411/44(-^^^,1/4 WELD COUNTY, COIORADO Weld County 'Q,*ec a`id... Recorder J cqu ine J on, Chairman and Clerk ,to the rrd' 4 DQa ,/ a • EXCUSED BY: !i*yi .i .yr,� Gene R. Brantner, Pro-Tem a C.W. K b APPROVED '; ' � �� Gord . L c County Attorney ran c mEmoRAnDurn ta,t; Eke. T Board of Weld County CommissionersD810 August 12, 1985 COLORADO From Drew L. Scheltinga, County Engineer SubjectVacation of a portion of Fox Avenue This is in response to the July 26, 1985 request of George Rempel of Anchor Realty Inc. to vacate a portion of Fox Avenue in Evanston. I made an on-site inspection of the location and see no reason why Fox Avenue could not be vacated. There is a new subdivision immediately to the east of Evanston and the manner in which the streets have been constructed would not make the easterly extension of Fox Avenue practical . Mr. Rempel 's request is to vacate only a portion of Fox Avenue. The description is as follows: That portion of the South one-half (5z) of Fox Avenue, adjoining the West 38.98 feet of Lot 68, Block J, Evans Addition. • I would recommend vacating all of Fox Avenue, east of Johnson Street, at one time so that the record will be more clear. When the entire right-of-way is vacated, one-half of the right-of-way will automatically revert to the adjacent property owners. The legal description for vacating the entire right-of-way would be as follows : All that portion of Fox Avenue lying east of Johnson Street, within the Evans Addition as recorded at 2:30 o'clock P.M. October 21, 1907. DLS/bf -Tin__Ill _ "1i4 ANCHOR REALTY, INC. �/ N. Main Street �( o WELD COMM' COMMISSIONERS Longmont, Colorado 60501 Business 3)03)772-2121 ANCHOR REALTY, INC. 7-- 5-(1579� Residence�(303)776 1462 liar 1120 N. Main Street —�- A_'.,�% i' ENIREL Longmont, Colorado 80501 JULGEORGE Business (303) 772-2121 JU 3 0 1985 v,� Associate Metro (303) 442-2121 OUI Of State 1-800-421-5455 Each Office Is Independently Owned And Operated July 26, 1985 Weld County Commissioners P.O. Box 758 Greeley, Colorado 80632 Dear Sirs, I represent both the buyers and sellers in the sale of the home at 450 Johnson Street, Frederick, Colorado. The commitment for title insurance we received from Transamerica Title Company indicates that one of the requirements we need is a copy of a resolution from the Weld County Board of Commissioners vacating a portion of Fox Avenue before they can issue a title policy. I am enclosing a copy of Schedule A from the commitment. I am requesting that Fox Avenue be vacated so that we may proceed with this transaction. I'll also include a copy of the Improvement Location Certificate done recently by a registered land surveyor - the street in question is marked in red. I know that any action that might expedite this matter would be greatly appreciated by both the buyers and sellers since it has already been more than two months since the original contract to purchase. I would like to express my thanks to all persons involved in this matter and hopefully we'll be able to close this project before too long. Sincerely, GEORGE REMPEL GAR/bal Enc. 267. e/ Each Office Is Independently Owned And Operated 8018829 C-2 Sheet 3 of 4 SCHEDULE A—Continued ' REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted,all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Correction Deed from FRANK J. FIORI and ELIZABETH FIORI to JOHN B. FIORI and LELAH M. FIORI conveying Parcel 2 NOTE: This requirement is necessary because the company is unable to insure the description of Parcel 2 as it appeared in that Deed from FRANK J. FIORI and ELIZABETH FIORI to JOHN B. FIORI and LELAH M. FIORI , recorded October 19 , 1953 in Book 1371 at Page 607 . Said Correction geed should use the description of Parcel 2 herein. B. Duly certified copy of Resolution of the Board of County Commissioners of the County of Weld vacating the following described property: That portion of the S1 of Fox Avenue, adjoining the West 38 . 98 feet of Lot 68 , Block J, Evans Addition. NOTE : If said Resolution reserves easements or rights of way for utilities , or other purposes , the policy will make exception of the same. NOTE: This requirement is necessary because the one story frame dwelling is partially located on the 51 of Fox Avenue as evidenced by Improvement Location Certificate of Allen L. Royer, dated July 17 , 1985, Project No . 85-7-7-1940 . C. Deed from JOHN B. FIORI and LELAH M. FIORI to EDWARD A. ROLLMAN, JR. and KATHLEEN R. ROLLMAN D. Deed of Trust from EDWARD A. ROLLMAN, JR. and KATHLEEN R. ROLLMAN to the Public Trustee of the County of Weld for the use of THE PARK GROUP , LTD. to secure $58 ,050 . 00 Form No.C-142.3 `"'-� IMPRC MENT LOCATION CERTIFICATE • BIG HORN LAND SURVEYING 'LONGMONT, COLORADO L clad on back ,_iJ wB5 .4. zoo,T 4►. _ .---- .. FI m j ; RA 1-4 �► 39,99 - ' s _ . 2 w 36 n' 7 7,s5 '' 4 A 0 Ii 3310' Inp W d. C a l,,.v�'n'rs�� tri I` 1 1 33 x6 b 3 y O J i Iii^ 9,124sq ^. V . j o IA ; v a 4.4094e '" Z J I ,Q 31.32 '.I n. . - --73. . . ai t j r4 „, � •r: HMr1 e a. sons, S, tine--LOT' L ti h 5w[el, g wr 2. F/4.57-- 200 • The hereon shown property is not in a 100 year flood zone according to the FIA flood plain delineation map. • I hereby certify that this improvement location certificate was prepared for TRANSAMERICA TITLE 801 8829 (Survey charge 75.00 ). THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, and that it is rigt to be relied upon for the establishment of fence, building, or other future improvement lines. I further certify that the improvements on the above shown parcel on this date, July 16, 1985 , except utility connections are entirely within the boundaries of the parcel , except as ,shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent.evidence or sign of any easement crossing or burdening any part of said parcel, except as noted. LEGAL DESCRIPTION .: AS DESCRIBED ON THE ATTACHED SHEET. p�p18 tFq� 9 • // II682 ADDRESS- 450 Johnson St. �� " � � 4 PROJECT NO.- 85-7-7-1940 ALLEN L. ROYER 11682 '..-.,".0 v •�Q ' 40' DATE- -SCALE-1". 4 �0F to -?.c ~ Y-/7-BS - Land in the State of Colorado, County of Weld Described as: PARCEL 1: The West 39 .32 feet of Lot 65, The West 39. 21 feet of Lot 66, The West 39. 10 feet of Lot 67, and The West 38. 98 feet of Lot 68 , Block J, EVANS ADDITION PARCEL 2: A part of Lot 2, WOLFF GARDENS SUBDIVISION, being more particularly described as follows: BEGINNING at the Southwest corner of said Lot 2; thence East, along the South line of said kot 2, a distance of 200 feet; thence North, parallel to the West line of said Lot 2 a distance of 120 feet; thence West, parallel to the South line of said Lot 2, a distance of 200 feet to a point on the West line of said Lot 2; thence South, along the West line of said Lot 2, a distance of 120 feet to the POINT OF BEGINNING. Hello