HomeMy WebLinkAbout871107.tiff RESOLUTION
RE: APPROVE VACATION OF RIGHT-OF-WAY ON CERTAIN PORTIONS OF WELD m to
COUNTY ROAD 44
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WHEREAS , the Board of County Commissioners of Weld County, a. o
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the yt
affairs of Weld County, Colorado, and i n
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WHEREAS, the Board received a request from Ed Orr to vacate z
the right-of-way on certain portions of Weld County Road 44 , and z a
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WHEREAS, Mr. Orr advised the Board that he has entered into a c m
Private Road Easement Agreement with Louise, Robert H. and Marie m
Stroh; Ronald O. and Robert E. Ehrlich; and Kenneth L. Moore , and cn O
H 1/40
WHEREAS , after review, the Board deems it advisable to grant
the request to vacate the right-of-way on Weld County Road 44 on z
that portion described as follows: r -co
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to
The right-of-way 30 feet wide off the west x
side of the W} of the NWI , Section 24 , a, ..
Township 4 North, Range 67 West of the 6th w
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P.M. , Weld County, Colorado m
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NOW, THEREFORE, BE IT RESOLVED by the Board of County W
Commissioners of Weld County, Colorado , that the right-of-way on to+�
Weld County Road 44 as hereinabove described be, and hereby is, • 0
vacated. • o
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The above and foregoing Resolution was, on motion duly made d
and seconded, adopted by the following vote on the 12th day of n• '-'
August, A.D. , 1987 . .
O
nI-,
�u¢n,.! �{�„ BOARD OF COUNTY COMMISSIONERS O �'
ATTEST: WELD COU TY - OL DO
Weld County Clerk and Recorder
and Clerk to the Board Go ,a „ airman
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C .W. Kirb , Pro em
eputy County C rk
EXCUSED
APPROVED AS TO FORM: Gene R. Bral1t er •
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p,f�,`�y,.. � ,,. -:;';x`11;`,.' -a
C �� JaC eli Jdison
i7Ve
County Attorney
Frank Y maguchi
i <_a,.�a3 871107
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871107
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AR21141386
• RIGHT OF WAY AND EASEMENT AGREEMENT
THIS AGREEMENT Made and entered into this 6th day of July, 1987,
by and between LOUISE STROH, ROBERT H. STROH and MARIE STROH, Parties of
the First Part, 19463 Weld County Road 19, Johnstown, Colorado 80534, goy
hereinafter referred to as Stroh or First Parties, and RONALD 0. EHRLICH 0
and ROBERT E. EHRLICH as Agents, a Colorado General Partnership, Parties ro
of the Second Part, 1301 Broad Street, Milliken, Colorado 80543, N>o
hereinafter referred to as Ehrlich or Second Parties, and ED ORR, Party
of the Third Part , 801-8th Street, Suite 230, Greeley, Colorado 80631 ,
hereinafter referred to as Orr or Third Party, and KENNETH L. MOORE,
Party of the Fourth Part, P. 0. Box 40, Grand Junction, Colorado 81502, o
'y N
hereinafter referred to as Moore or Fourth Party,
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WITNESSETH: PIJ o
M CO
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WHEREAS, First Parties are the owners of the following described ryy
property located in Weld County, Colorado: y 1/40
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tam
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SW} of Section 13, Township 4 North, Range 67 Z o
West of the 6th P.M. , Weld County, Colorado, flop
excepting therefrom that certain tract
to
described in the Decree of the County Court
of Weld County, Colorado recorded in Book 296 a
at page 463 of the Weld County records, and
the Ni of the NW} and the SW} of the NW} of Wpp
Section 24, all in Township 4 North, Range 67 fl
West of the 6th P.M. , Weld County, Colorado, O
and a triangular tract or parcel of land Mcr
containing 1 .95 acres, more or less, in the ;Do
Ski of the NW} of Section 24, Township 4 •
North, Range 67 Went of the 6th P.M. , Weld Mc)
County, Colorado, being all that part o1 said b
Ski of [he NW} lying westerly of the westerly fl
boundary of the Union Pacific Railroad O'
Company's Right of Way, and more fully fl or
described as follows: Beginning at the 01-'
northwest corner of said SE} of the NW} ;
thence South along the West line thereof 405
feet, more or less, to a point on said
westerly right of way boundary line; thence
North 44°55' East along said westerly
boundary line 593 feet, more or less, to the
North line of said SE} of the NW} ; thence
West on said North line 420 feet, more or
less, to the place of beginning; being the
same tract or parcel conveyed by deed
recorded in hook :'87, page 356, Weld County
records
and
AT THE TIME OF SRECOERDATION, THIS 110. S711
STRUMENT WAS FOUND TO BE INADEQUATT
FOR THE BEST PHOTOGRAPHIC REPRODUCTION 07
ennvBECAUSE OF Ir„.,E ?1!J TY• CARBON OR PHOTO
WHEREAS, Second Parties are the owners of the following described
property located in Weld County, Colorado:
Ni and the SW} and the NW} of the SE} , all in oy
Section 23, Township 4 North, Range 67 West o r
of the 6th P.M. , Weld County, Colorado, r r
All that part of the SE} of Section 23, Ni
to o
Township 4 North, Range 67 West of the 6th
P.M. , lying North and West of the Union t
Pacific Railroad right of way as presently k n
existing on the premises, together with all
that part of the NW} of the NE} of Section Z
26, Township 4 North, Range 67 West of the Z as
6th P.M. lying North and West of the Union M co
Pacific Railroad right of way as presently
existing on the premises and North of a
surveyed fence line described as follows: y w
Considering the North line of the NW} of said
Section 26 as bearing South 88°04'50" East Z o
and with all bearings contained herein n co
relative thereto; commencing at the northwest
t7
corner of said Section 26; thence South
01°42' East, 36.2 feet to the Point of Na
Beginning, said point being a fence corner;
thence along the fence line, South 80°39' W co
East , 31.9 feet; thence South 67°55' East, n
1 ,036.2 feet; thence South 87°09' East, 676.3
feet; thence South 55°00' East, 168.8 feet; C7
t9-cc
thence South 65°40' East, 245.2 feet ; thence ;u o
South 82°05' East , 947.8 feet to the terminus S o
of said fence line, said point being SOuth ti
19'14'19°14' East, 937.3 feet from the North t7
quarter corner of said Section 26 n
o
and o
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WHEREAS, Third Party is the owner of the following described
property located in Weld County, Colorado:
The Si and the SE} of the NW} of Section 24,
Township 4 North, Range 67 West of the 6th
P.M. , Weld County, Colorado, LESS AND EXCEPT
that parcel conveyed in deed recorded
February 11 , 1959 in Book 1524 at page 326,
Weld County records, more particularly
described as follows:
Beginning at the southeast corner of Section
24, Township 4 North, Range 67 West of the
6th P.M. , Weld County, Colorado; thence North
89°00' West 3,977 feet along the South line
of said Section; thence North 16°27' East
459.6 feet; thence North 31°32' East 253
feet; thence North 48°57' East 840 feet;
thence North 68°51 ' East 389.8 feet; thence
2 871197
North 81°30' East 1 ,270 feet; thence North
43°03' East 1,399.2 feet to the North line of
the Si of said Section 24; thence North
89°55' East 503.3 feet to the northeast
corner of said Si of Section 24; thence South
00°03' East 2,629 feet along the East line of W
the Si of Section 24 to the Place of o
Beginning, also EXCEPT that parcel conveyed N J
in deed recorded November 23, 1908 in Book O1
287 at page 356, Weld County records, more t
particularly described as follows: xi (
A triangular tract or parcel of land in the K o
SE} of NW} of Section 24, Township 4 North, Z
Range 67 West of the 6th Y.M. , being all of Z
that part of said SE} of NWI lying westerly by o
of the westerly boundary line of the Union t,70D
Pacific Company's right of way and more fully
described as follows: yra 1/4O
Beginning at the northwest corner of said SE}
of NW} ; thence South along the West line z o
thereof 405 feet, more or less, to a point on
co
said westerly boundary line; thence North
44°55' East along said westerly boundary line
593 feet, more or less, to the North line of
said SE} of NW} ; thence WWest of said North a, ••
line 420 feet , more or less, to the 'Place of w
Wm
Beginning,
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and
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WHEREAS, Fourth Party is the owner of the following described
property located in Weld County, Colorado: • o
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Part of the NW} of Section 25, Township 4
North, Range 67 West of the 6th Y.M. , Weld Ow
County, Colorado, being more particularly
described as follows: n �'
o r
Beginning at the northwest corner of said
Section 25, and considering the North line of
the NW} of said Section 25 as bearing North
89°51 ' 12" East, with all other bearings
contained• herein relative thereto; thence
North 89°51 ' 12" East, along said North line,
1459.45 feet to the northwest corner of a
tract conveyed to Charles A. Thompson and
Sabra C. Thompson by deed recorded December
20, 1977 in Book 817 under Reception No.
1739202; thence South 35°32'47" West, 2572.52
feet to a point on the West line of the NW}
of said Section 25; thence North 00°59'25"
East, along said West line, 2089. 70 feet to
the northwest corner of said Section 25, said
point being the Point of Beginning,
3 871107
and
WHEREAS, Third and Fourth Parties hereto are in need of a right of
way and easement to the properties owned by them, respectively, as
hereinabove described, in order to have means of access, ingress and
egress thereto, and
m to
WHEREAS, First Parties and Second Parties, r:�spectivel o ~
Y, are NJ
willing to grant to Third and Fourth Parties, respectively, a perpetual
and permanent 60 foot right of way and easement over and across the
hi
properties owned by them as hereinabove described, being 30 feet in n
width over their respective properties as hereinabove described, and K
WHEREAS, First Parties and Second Parties are further willing to z N grant to Third and Fourth Parties the right to construct and maintain
said right of way and easement for road purposes and for construction by m
and installation of utility lines, and a a)
b7
WHEREAS, the property owned by Second Parties as hereinabove H l0
described has now been annexed to the Town of Milliken, Weld County, H
Colorado. Z
nm
NOW THEREFORE, in consideration of the sum of Ten Dollars and other J
good and valuable considerations, and in further consideration of the
promises, covenants and conditions as herein contained, the parties
hereby do hereby mutually promise and agree as follows:
Moo
1. That the recitals as hereinabove contained are incorporated by O
reference herein.
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to it
2. First Parties do hereby agree to and do hereby grant and conveym c5
to Third Party and Fourth Party, respectively, a perpetual and permanent E o
right of way and easement over and across the property owned by First t0 o
Parties as hereinabove described, said right of way and easement being C7
described as follows: 30 feet off of the west side of the NWI of
Section 24, Township 4 North, Range 67 West of the 6th P.M. , Weldo
County, Colorado.
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3. That Second Parties do hereby agree to and do hereby grant and
convey to Third Party and Fourth Party, respectively, a perpetual and
permanent easement over and across the property owned by the Second
Parties, said right of way and easement being described as follows: 30
feet off of the east side of the NE} of Section 23, Township 4 North,
Range 67 West of the 6th P.M. , Weld County, Colorado.
4. It is further understood and recognized by the parties hereto
that said right of way and easement as hereinabove described shall be
utilized as a roadway and further for the construction and installation
of such utilities as shall be deemed necessary and desirable by the
Third Party and Fourth Party hereto.
5. It is further understood and recognized by the parties hereto
that Weld County, by virtue of document dated October 12, 1889, recorded
October 14, 1889 in Book 86 at page 273 of the Weld County records, has
4 &/1107
the authority to open and construct a public highway over and across the
area described herein for the purpose of creating a right of way and
easement for roadway and utility purposes. It is further understood
that on April 7, 1892, the following property was declared to be a
public highway: 30 foot wide off of the West side of the W} of NW} and
the SW} of Section 24, Township 4 North, Range 67 West of the 6th P.M. ,
Weld County, Colorado (along the section lines between Sections 23 and ' w
24, Township 4 North, Range 67 West of the 6th P.M. , Weld County, o w
Colorado) , which said right of way has never been vacated by the Board N' ,
of County Commissioners of Weld County, Colorado, although said right of w o
way is not currently upgraded or maintained by Weld County.
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6. The right of way and easement described above and the roadway
shall be constructed and maintained in good repair by Third Party and y w
Fourth Party at their sole cost and expense. It is further understood z
and agreed that prior to the commencement of any construction of said
roadway that Third Party will have the right of way and easement m m
surveyed and marked for the benefit of the parties prior to commencement C O1
of construction. X
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7. That the grant of right of way and easement as hereinabove
described shall run with the land and shall be binding on and shall z
inure to the benefit of the parties hereto and their respective heirs, p m
legal representatives, successors and assigns.
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8. That it is further recognized and understood by the parties
hereto that the right of way and easement hereby granted by First
Parties and Second Parties to Third Party and Fourth Party, °D
respectively, is intended to be a private right of way and easement 2
designed for their use and the use of their families, their invitees and X
licensees but is not granted for public use. That in event the Town of ttijv
Milliken, Weld County, Colorado, desires to utilize said right of way Pi
and easement, Third Party and Fourth Party, respectively, shall make O
said right of way and easement as hereinabove described available for r
use by the Town of Milliken for the public in general, provided, t7
however, that the Town of Milliken shall assume all obligations and n ui
responsibilities relative to maintenance and repair and construction, if .
needed, of said right of way and easement.
9. That Third Party and Fourth Party will indemnify and save
harmless First and Second Parties from any damage or loss sustained by
them arising by reason of usage of said right of way and easement by
Third Party and/or Fourth Party.
10. That Third Party will construct a gate with locking device at
his own expense, at the entrance to said Right of Way and Easement at
the intersection of Weld County Roads 23 and 44. That Third Party will
thereafter maintain said gate and lock in good operating condition at
his own expense, until such time as the County (Weld County) shall open
said roadway, at which time, Third Party shall remove the gate and lock.
In event the County (Weld County) shall vacate the roadway between
Sections 23 and 24, or parts thereof affecting the Right of Way and
Easement hereinabove described, then in such event, Third Party will be
required to continue the operation, care and maintenance of said gate
5
•
and lock until such time in the future that someone shall reside on the
Orr property or the Moore property as above described, at which time the
gate and lock may be removed at the option of the owner(s) of the Orr
property or the Moore property. In the event the Town of Milliken
desires to utilize said Right of Way and Easement, then Third Party will
remove the gate and lock, and Third Party and Fourth Party shall be
relieved of any and all further obligations and responsibilities in
connection with the care or maintenance of said Right of Way and
Easement, and shall further be relieved of any obligations or
responsibilities to First Parties or Second Parties arising from usage
of said Right of Way and Easement.
IN WITNESS WHEREOF, the parties hereinabove named have executed
this agreement the date hereinabove named.
Robert H. Stroh
Louise Stroh
7M1 ct tc ' 2j.C'L4J
Marie Stroh
FIRST PARTIES 0
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Ronald 0 ' li
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Robert E. Ehrlich z
as Agents, a Colorado General Z
Partnership o
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cErRIEs
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Ed Orr
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THIRD PARTY
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Kenneth L. Moore
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FOURTH PARTY p
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871107 Or
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STATE OF COLORADO )
) SS.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this /1-`— day
of / , 1987, by Robert H. Stroh, Louise Stroh and Marie Stroh. m
j o r
WITNESS My hand and official seal. '' F'
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My commission expires: Wi
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7ttleeci d: > N
Notagy Public 'A
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m.,,.wi ..nNitoS"anal R4, 1a,1 t9 Co
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c.a r'ai,gn AVtnae M
STATE OF COLORADO ) v��i! lbn)wn.CO sOSIA '� W O
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COUNTY OF WELD ) z o
The foregoing instrument was acknowledged before me this 121'th n 0
day of % 1 , 1987, by Ronald 0. Ehrlich and Robert E. Ehrlich as m J
Agents, a Co rado General Partnership. W
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WITNESS My hand and official seal. u+
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My commission expires: l kg- , 0
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16 P0 O
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(Diary Public x r
(Diary
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STATE OF COLORADO )
SS. n
COUNTY OF WELD ) 0 I—
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The foregoing instrument was acknowledged before me this /.j day
of%, i j , 1987, by Ed Orr.
WITNESS My hand and official seal.
My commission expires: 42i� iii qo
0
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Notary Public
7 871107
S
STATE OF COLORADO )
) SS.
COUNTY OF GUNNISON )
The foregoing instrument was acknowledged before me this 23rd day
of July , 1987, by Kenneth L. Moore.
Pai
WITNESS My hand and official seal.
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My commission expires: June 18, 1991 rfi
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P.O. Box 669 z
Gunnison, CO 81230 o
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7;0107 41 u'J
Board of County Commissioners
Clerk of the Recorder
P.O. Box 758
Greeley, CO 80632
August 7, 1987
Dear Commissioners:
Regarding the County Road right-of-way from W.C.R. 44 south
for 1/2 mile to the boundary of the property which I own.
There has been a satisfactory private road easement established
and all parties involved are requesting that the Board vacate
said county road right-of way.
Sincerely,
9>---
Ed Orr
lsg/eo
"Let us help you put your brand
on a ranch or farm."
ORR LAND
COMPANY
801 8th Street, Suite 230
Greeley,Colorado 80631y�) 871107
y •� (303)351.8777
r /
lows of Ailliken
587-4331 and 587-2340 1109 Broad Street Drawer 290 Milliken, Colorado 80543
Board of County Commissioners
Clerk to the Recorder
P.O. Box 758
Greeley CO 80632
April 20, 1987
Dear Sir:
It has come to the Town of Milliken's attention that the Orr Land
Company has requested the County to open up a sixty (60) foot
right-of-way along the section line between Sections 23 & 24 T4 N, R
67 W, of the 6th P.M.
This request affects land annexed by Milliken and the Town's ability
to provide adequate services to those now vacant parcels of land. The
Town is not willing to maintain any additional roads. The issues
raised by the Wildcat Development Project also strike us as valid,
though Milliken has not had time to review them indepth.
Futhermore the Town is concerned with maintaining the archaeological
integrity of the Wildcat Mound. This road would make the mound more
accessible from the back side and make it more difficult for the
police force to protect. The Wooley Mammouth at Denver's Museum of
Natural History was excavated from this location and the Town is
committed to protecting it's significance as an archaeological site.
To do this the Town needs to limit access so that it can be easily
monitered. This proposal radically increases our monitoring process.
The Town requests that you deny this request or, minimally, obtain
additional information and consult with the Town before a final
desision is reached.
Sincerely, /-1 �L__.9,4,Gayle ackard-Seeburger
Milliken Town Manager ) 7
871107
April 15, 1987
f r
Th r
Clerk to the Board I APR 1 51987 X..
P.O. Box 758
Greeley, CO 80632 L'
CREEL@Y, COCA.
Dear Sirs:
I am requesting a licence to upgrade and maintain the County
Road Right of Way located at the West 30 feet off the West 2 of the
North West ; and the South West < of Section 24, Township 4 North,
Range 67 West; and 30 feet off the East side of the East 2 of the
North East $ and the South East 'a of Section 23, Township 4 North,
Range 67 West of the 6th P.M.
I understand that the road will be constructed and maintained
at no expense to Weld County.
This is the sole acess to the property which I own in Section
24, Township 4 North, Range 67 West of the 6th P.M. Therefore, your
immediate attention to this matter is appreciated.
Sincerely,
fth a
Ed Orr
EO/lbh
"Let us help you put your brand
on a ranch or farm."
':. jY
•
OaR L4N
801 8th Street,Suite 230 E1
Greeley, Colorado 80631
it 'I (303)351.8777
871107
ELEVATOR FEEDLOT
5874312 EHRLICH FEEDLOT, INC. 587-2048
COMMERCIAL CATTLE FEEDERS
P.O. BOX 60 .
MILLIKEN COLORADO
April 13 , 1987
Mal C{-`peT}
Board of County Commissioners }}} ;e7
Clerk of the Record ft APR1 41 "„1'
P.O. Box 758 ( �'•
Greeley, Colo. 80632 > ./S
Gentlemen:
Regarding your letter of April 7, 1987 , we wish to register
our objections to paragraph one of your letter. Paragraph
as follows : following property was declared a public
highway 30 feet wide off the West side of the West ' of the
Northwest and Southwest ; ' s of Section 24, Township 4 North,
Range 67 West of the 6th P.M. and 30 feet of the East side
of the East 1 of the Northeast a and the Southeast a of
Section 23 , Township 4 North, Range 67 West of the 6th P.M. ,
all in Weld County.
We have questions as to the right declared in your letter
in that said property was privately owned prior to April 7,
1892 .
We have questions as to whether the county is to build this
road or is Mr. Ed Orr using public right-of-way for private
road. If so, is this a transaction that can take place in
that the public right-of way would be granted for private
use.
We would like you to clarify all of these points . You may
contact us by calling 587-4312 or writing to us at 1301
Broad Street, Milliken.
We are,
EHRLICH FEEDLOT, INC.
Ronald O. & Robert E. Ehrlich,
As Agents
Ronald O. & Robert E. Ehrlich
BY 272-e---LAW"----
Ronald O. Ehrlich
871107
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871107
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REDPEIK ENGINEERING
P.O. Box 566 • Windsor, CO 80550 • (303) 686-9717
April 13, 1987
Vlitiatt
Board of County Commissioners {^^t ',
Clerk to the Record
P.O. Box 758
Greeley, CO 80632 APR 1 51987
7, -7c it
RE: R/W South of Milliken
To Whom It May Concern:
Ehrlich Feedlots have asked me to review the request by Orr Land Company to
open up a sixty (60) foot right-of-way along the section line between Sections
23 & 24, T4N, R67W, of the 6th P.M. We have strong opposition to this roadway
proposal in that we have completed master plans of the Ehrlich and Stroh
properties in this area which is proposed for residential development. The
proposed roadway does not conform well to these master plans and obstructs
layouts which have been completed.
There will be, then, considerable design questions concerning this roadway.
Roads which have historically been built on section lines do not necessarily
fit well with the existing topography. This roadway will cross two large draws
which are intended to be used as drainageways for development to the west. The
proposed roadway would have to negotiate a cliff on the southernmost draw which
drops directly onto a Union Pacific Railroad line. It is my opinion that this
could not be done within a sixty (60) foot right-of-way.
We would, therefore, like to see road construction plans and specifications.
These plans should provide survey information, road grades, proposed culvert
types and sizes , including hydraulic calculations, etc. We feel that this
information is necessary to ensure any construction would meet Weld County Road
Specifications.
In addition, we would like to see a crossing permit from the Union Pacific
Railroad and a maintenance agreement with Weld County, as well as agreements
with the existing landowners addressing construction easements and fence
relocations.
We would be glad to sit down with you at your convenience and discuss these
concerns. Please feel free to contact me should you have any questions.
Sin e 1 ,
791/
f Couch, P.E.
ildcat Development Project Engineer
JC/jk
871107
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EY
April 7, 19,7 ;!.
d
1 Ronald 0. & Richard E. Erlich
P.O. Box 60
Milliken, CO 80543
g Dear Ronald & Richard:
„ q1on April 7, 1892, the following property was declared a public
° highway 30 feet wide off the West side of the West 2 of the Northwest
i and Southwest I's of Section 24, Township 4 North, Range 67 West of
the 6th P.M. and 30 feet of the East side of the East ? of the
Northeast 4 and the Southeast 4 of Section 23 . Townsh ftt 4 North, Range
67 West of the 6th P.M. , all in Weld County, uolorado.
I will be opening up said Public Right of Way and maintain ng '�11
same and said right of way will remain a Public Right of Way. t,
If you have any objections to this, contact the Board of f
Count- Commissioners in writing within seven days of receipt of this
letter at: 11
Clerk -to the Record 1t
I P.O. Box 758
Greeley, Colorado 80632.
Sincerely,
C__12(j2:4---
Ed Orr
EO/lbh
"Let us help you put your brand
on a ranch or farm." li
4. Py
4' 801 8th Street,Suite 230
Greeley, Colorado 80631 871107
it . (303)351-8777 ,.�
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