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Home My WebLink About880244.tiff RESOLUTION RE: APPROVE ACTION OF THE BOARD CONCERNING PETITION TO VACATE PORTION OF WELD COUNTY ROAD 4 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 received a petition from Rocky Mountain Consultants, Inc. , on behalf of C&M Ready Mix Concrete Company, requesting that a portion of Weld County Road 4 located between Sections 30 and 31 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, be vacated, and WHEREAS, the Board deems it advisable to refer said petition to the Weld County Engineering and Planning Departments for their recommendations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the petition from Rocky Mountain Consultants, Inc. , on behalf of C&M Ready Mix Concrete Company, requesting that a portion of Weld County Road 4 be vacated be, and hereby is, referred to the Weld County Engineering and Planning Departments for their recommendations . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D. , 1988 . i BOARD OF COUNTY COMMISSIONERS ATTEST: '" "i ' ^ (� COUNTY, COLORADO Weld County Qlerk and Recorder WE O K and Clerk to the Board enLe,-{7R. Bran w ner, Chairman )1O22'(--fit-cQo , ,. ,c,c) C.W. / Pr -Tem eputy Count Clerk _ APPROVED AS TO FORM: cqueine hnson �� EXCUSED L � ) Gordan F., Lacy 4 County Attorney � Frank 14mag' chi E6c',';9/n 7'>v,. 4.,:17, 880244 engineers • planners • surveyors March 29, 1988 Weld County Planning Department �AR 2 9 19$$ 915 10th Street ! Greeley, CO 80631 RE: Rezoning, Case No. Z-406 Gentlemen : As required by the conditions of rezoning C&M Companies ' property in Section 30, T1N, R66W, Weld County (per resolution of the County Commissioners dated August 29, 1984) , enclosed is the petition requesting that Weld County vacate the road that would be an extension to the west of Weld County Road 4 if such' extension existed. Also enclosed are the easement deed and agreement for future conveyance signed by the adjacent property owners giving C & M legal claim to the land needed to build the access road according to the sketch plan submitted in the rezoning process. Please feel free to contact me if you have any questions in this matter or if I can be of further service. Sincerely yours, ROCKY MOUNTAIN CONSULTANTS, INC. 21—C/7(7 Verna L. Sigg Resource Planner Rocky Mountain Consultants, Inc. 1960 Industrial Circle, Suite A Longmont, Colorado 80501 303-772-5282 Offices also in Denver • Boulder • and Estes Park, CO Metro line: 665-6283 880244 Page 2 RE: COZ - C & M READY MIX CONCRETE COMPANY c. The subject site does contain a gravel resource . It is not considered to be a commercial mineral deposit because the high percentage of fine aggre- gates (85% fine to 15% coarse grain) makes it uneconomical to mine the deposit. d. The subject site will be served by septic sewer system. e. The subject site will be served by well water system. f. A private drive from U .S . Highway 85 will provide adequate access to the site. g. The proposed Change of Zone is not located within any overlay district. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado , that the application of C & M Ready Mix Concrete Company for a Change of Zone from A (Agricultural) to I-2 (Industrial Two) on the above referenced parcels of land be, and hereby is , granted subject to the follow- ing conditions : 1) prior to recording the final plat Weld County Road 4 right-of-way west of U.S . Highway 85 to the Platte River shall be vacated. The property owner shall acquire a private easement from U.S . Highway 85 to the subject property; 2) prior to any building permits being issued for the subject site, the property owner (s) shall have approved an erosion control plan from the West Adams Soil Conservation District. A copy of said plan shall be submitted to the Department of Planning Services ; 3) building foundations shall be designed by a registered engineer; and 4) any plans or designs for fill sections shall be supervised by a registered engineer before commencing with a use on the subject site. 880244 -----.°.V ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS DATE: WELD COUNTY, COLORADO P. 0. BOX 758 GREELEY, COLORADO 80632 FROM: C&M Ready Mix Concrete Co. of TELEPHONE B 443-1099 (Petition Circulator) Boulder — 7916 Niwot Road AREA CODE 0 303 P.O. Box 490 (Address) Niwot, CO 80544-0490 We, the undersigned, Citizens of Weld County, Colorado, hereby petition that the following road be vacated by Weld County The said proposed line of road is more fully shown by the following map to which reference is herein made, the same being in: SECTION 30 and 31 TOWNSHIP 1 N RANGE 66 W I 3,u 31 32 33 3I 35 3r 31 I 6 5 4 3 _ 1 0 12 7 8 9 10 11 12 7 13 1$ 17 16 15 14 13 IS 24 10 20 21 22 23 24 19 to g ;, 29 2S 27 ,(, 25 30 3u 31 32 33 34 35 30 31 1 6 o 4 3 2 1 6 880244 SECTION 30 and 31 TOWNSHIP 1 N RANGE 66 W As witness our signatures hereunto annexed, and followed by a description of our land this day of , 19 SIGNATURES PROPERTY OWNED ADDRESS SEC. TP. RANGE C & M Ready Mix Concrete Co. 7916 Niwot Rd. , 30 1N 66W P.O. Box 490 ilk Boulder Niwot, CO 80544-0490 By : Ili wan Concrete Products ' 1021 N. Hwy 8S c/o Mobile Premix Brighton, CO 30 1N 66W Main ()trice - By; �llt� P.O. Box 5183 T.A. . AnDenver, CO 80217 i C. re'�: Con •r In . P • B. . By: shaapa... _osier i Brighton, CO 80601 see map attached 880244 : ` /;. . ,,% / • ( I I/ I ; ' (1/ ` \1 i r r . \ ', 3O \ ) ; i ,_---, C AM- 1\ i Lo Jltlf • >- W OMi , .., NIi . ) \ , i Q • \l- D I \s , , \ • 1 i 1 I `; \ isowA:\- • \\ jo......46TEE7,_ MOBILE Fr, - S ATE BANK • L , 880244 EASEMENT DEED SINGLE EAGLE COMPANY, INC ._., a Colorado corporation, in consideration of TEN DOLLARS, and other good and valuable consideration , in hand paid, hereby sells and quitclaims to C 8. M READY MIX CONCRETE CO. OF BOULDER, a Colorado corporation, whose address is 7916 Niwot Road, P.O. Box 490 , Niwot , Colorado 80544-0490 , a non-exclusive perpetual easement for roadway and right-of-way purposes over and across the real property described in exhibit A attached hereto. This easement is for the benefit of and appurtenant to that real property, or any portion thereof , described in Exhibit B attached hereto. DATED: this /7Y4 day of /CA , 1988. SINGLE EAGLE COMPANY, INC. By : >l�cJ ! L 41, - ,. � ./'=z (7 Tit e :/./) / STATE OF COLORADO ) ) SS COUNTY OF BOULDER ) The foregoing Instrument was acknowledged before me in the county of )boulder , eStat,e of Colorado, this , ^_day of %.r ' , 198$, by>'1 , //7-/' , %. , . , , as f . , of SINGLE Eagle Company, Inc . ,,>a Colorado corporation . WITNESS MY HAND AND OFFICIAL SEAL. MY COMISSION EXPIRES: ' ) / NOTARY PUBLIC 880244 EXHIBIT A That part of the North 32 feet of Section 31 , T1N, R66W of the 6th P.M. , Weld County, Colorado, described as follows : Beginning at the North one-quarter corner of said Section 31 ; thence along the North line of said Section North 90°00'00" East 340.78 feet more or less to a point on the Westerly Right-of-Way line of U.S. Highway 85; thence along said Right-of-Way line the following two courses: South 01 °58'05" West 30.00 feet; thence South 12°35'55" East 2.07 feet; thence parallel with the North line of said Section 31 , South 90°00'00" West 440.54 feet; thence along a line 100.00 feet West of and parallel with the North-South centerline of said Section 31 North 00°36 '05" East 32.00 feet to the North line of said Section 31 ; thence North 90°00'00" East 100.00 feet to Liie Point of Beginning, containing 0.32 acres more or less. 880244 EXHIBIT B All that portion of the following described real property located West of the Westerly R.O.W. line of United States Highway No. 85. PARCEL 1 A strip of ground 370 feet wide off the West side of the SW1/4 of the SE1/4 of Section 30 , Township 1 North . Range 66 West of the 6th P.M . PARCEL 2 E1/2 NW1/4 Section 30 , Township 1 North , Range 66 West of the 6th P.M. , EXCEPT the Tract described as follows: Beginning at the Northwest corner of the NE1/4 ; thence West 550 feet ; thence South 1980 feet ; thence East 550 feet : thence North 1980 feet to the point of beginning (being 25 acres more or less) . PARCEL 3 NE1/4 SW1/4 Section 30 , Township 1 North , Range 66 West of the 6th P.M. PARCEL 4 NW1/4 of SE1/4 of Section 30 , Township 1 North , Range 66 West of the 6th P.M. PARCEL 5 SE1/4 SW1/4 Section 30 , Township 1 North , Range 66 West of the 6th P.M. EXCEPT 5 acre tract conveyed to Cowan Concrete Products , Inc . by Deed recorded Book 826, Reception No. 1747702 . PARCEL 6 N1/2 of the NE1/4 of the NW1/4 of Section 31 , Township 1 North , Range 66 West of the 6th P.M. except the East 100 feet thereof . PARCEL 7 SW1/4 of the SE1/4 Section 30 , Township 1 North , Range 66 West of the 6th P.M. , EXCEPT the West 370 feet thereof and except the South 413 feet thereof . PARCEL 8 That part of the South one-half of Section 30 , Township 1 North , Range 66 West of the 6th Principal Meridian , Weld County , Colorado , described as: Beginning at the South one-quarter corner of said Section 30 : thence S89 54' 00" E on an assumed bearing along the South line of said Section 30 . a distance of 290 .54 feet to a point 50 feet West of the Westerly R.O.W. line of United States Highway No. 85, being the true point of beginning; thence Northerly , parallel to said Westerly R .O .W. line as follows: NO1 39'00" E, 31 .44 feet ; N14 12'32" E, 108. 12 feet ; NO0 09'00"W, 352. 75 feet to a point ; thence S89 54'00" E a distance of 50 .00 feet to the Westerly R.O.W. line of U.S. Highway 85 , thence Southerly along the said Westerly R.O .W. line as follows: SOO 09'00"W, 352. 75 feet : 514 12'32"W, 108. 12 feet ; S01 39'00"W, 31 . 44 feet to a point on the South line of said Section 30 ; thence West along said South line of Section 30 a distance of 50 feet to that true point of beginning. ) .? Except parcels conveyed to State Highway Department . I Weld County , Colorado 880244 AGREEMENT FOR FUTURE CONVEYANCE 1 . PARTIES. The parties to this Agreement are Cowan Concrete Products . Inc . . a Colorado Corporation . P.O. Box 5138 T.A . . Denver . CO 80217. and C & M READY MIX CONCRETE CO. OF BOULDER. a Colorado corporation , whose address is 7916 Niwot Rd. . P.O. Box 490 . Niwot . CO 80544-0490 . 2. RECITAL AND PURPOSE. Both parties own real property in Weld County . Colorado which they wish to trade. C & M Companies wishes to trade their property for the property held by Cowan , thereby gaining access to a proposed future developement . Cowan Concrete Products. Inc . would gain ownership to land on which they have had an easement and which would add value by owning. 3. PURCHASE PRICE. The Agreement price will be an equal trade . where both parcels of real property would have the same value . 4. PROPERTY TO BE CONVEYED. The real property to be conveyed by C & M to Cowan is the real property described as follows: That part of the South one-half of Section 30 . Township 1 North . Range 66 West of the 6th Principal Meridian. Weld County , Colorado . described as: Beginning at the South one-quarter corner of said Section 30 : thence 689°54'00" E on an assumed bearing along the South line of said Section 30 . a distance of 290 .54 feet to a point 50 feet West of the Westerly R.O.W. line of United States Highway No. 85, thence Northerly , parallel to said Westerly R.O.W. line as follows: NO1°39'00" E. 31 .44 feet : to the true point of beginning then N14° 12'32" E. 108. 12 feet : NOO°09'00"W. 352.75 feet to a point ; thence 889°54'00"E a distance of 50 .00 feet to the Westerly R.O.W. line of U.S. Highway No . 85, thence Southerly alone the said • Westerly R.O.W. line as follows: • SOO°09'00"E• 352.75 feet : 514° 12'32"W. 108. 12 feet : thence West a distance of 50 feet to the true point of beginning. Except parcels conveyed to State Highway Department . The real property to be conveyed by Cowan to C & M is the real property described as follows: That part of the South 28 feet of Section 30 . TIN. R66W of the 6th P.M . . Weld County . Colorado described as follows: Beginning at the South one-quarter corner of said Section 30 : • thence along the South line of said Section 30 tYc.rth 89° 54'00" West 131 .66 feet to the West line of that parcel described in deed recorded as Reception Number 1747702; thence along said West line North 00° 09'00" West 28.00 feet : thence parallel with • the South line of said Section 30 Sea.ih 89° 54'00" East 473.08; thence South 01° 33' 00" West 28.00 feet to the South line of • said Section 30 ; thence A: c th 89° 54'00" West 340 .54 feet to the Point of Beginning, containing 0 .30 acres more or less. SUBJECT to a reservation to Cowan Concrete . its successors and assigns of a non-exclusive easement for the purposes of ingress and egress, on . along, over and across the above described property . 5. CONDITIONS OF PERFORMANCE.The parties have the obligation to convey the properties described in on ► y in the event that C & M Is granted approval for Exhibit A property for a planned unit development by the appropriate governmental authorities without any requirement that the property described as to conveyed to 880244 Cowan Concrete by C & M be Included in such development . The parties will exchange Warranty Deeds when such approval is granted. 6. SUCCESSORS IN INTEREST. It is understood that the rights of Cowan contained herein are not personal but Inure only to the owners of the described property and their successors in title and the obligations of C & M are not personal , but are the obligations of the owners of the described property . 7. TERMINATION OF OBLIGATION. If not previously performed, the obligations to convey hereunder shall terminate on April 1 , 1988. IN WITNESS WHEREOF, the parties hereto have signed this agreement as of this IO" day of ,v i,,,t 1987. C & M READY MIX CONCRETE CO. OF BOULDER COWAN CONCRETE PRODUCTS. INC. By :g9Laikk � . c Byje-t 4 Title : C+ � c . kl)lisL Fsr tea Title : it_ e ?, . STATE OF COLORADO ) SS COUNTY OF BOULDER ) The foregoing Instrument was acknowledged before me In the county of .$ou l der, State of Colorado, this LZ " day of Qc-co,-'tEl , 1987, by t4ti-crt -h . cs1)Zh , as itiaL. snLQ f ^ tes of C & M READY MIX CONCRETE CO. OF BOULDER, a Colorado corporation . WITNESS MY HAND AND OFFICIAL SEAL. MY COMISSION EXPIRES: NOTARY PUBLIC STATE OF COLORADO ) ) SS COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me in the county of Boulder , State of Colorado, this 2' day 1987, by t.kitLyttof (A ) , as 1),0 4_, <1}co J of COWAN CONCRETE PRODUCTS, INC. , a Colorado corporation. WITNESS MY HAND AND OFFICIAL SEAL. MY COMISSION EXPIRES: J)/A., r! NOTARY PUBLIC 880244 EXHIBIT A All that portion of the following described real property located West of the Westerly R.O.W. line of United States Highway No. 85. PARCEL 1 A strip of ground 370 feet wide off the West side of the SW1/4 of the SE1/4 of Section 30 , Township 1 North , Range 66 West of the 6th P.M. PARCEL E1/2 NW1/4 Section 30 , Township 1 North , Range 66 West of the 6th P.M. , EXCEPT the Tract described as follows: Beginning at the Northwest corner of the NE1/4; thence West 550 feet ; thence South 1980 feet ; thence East 550 feet ; thence North 1980 feet to the point of beginning (being 25 acres more or less) . PARCEL 3 NE1/4 SW1/4 Section 30 , Township 1 North , Range 66 West of the 6th P.M. PARCEL 4 NW1/4 of SE1/4 of Section 30 , Township 1 North , Range 66 West of the 6th P.M. PARCEL 5 SE1/4 SW1/4 Section 30 , Township 1 North , Range 66 West of the 6th P.M. EXCEPT 5 acre tract conveyed to Cowan Concrete Products, Inc. by Deed recorded Book 826, Reception No. 1747702. PARCEL 6 N1/2 of the NE1/4 of the NW1/4 of Section 31 , Township 1 North , Range 66 West of the 6th P.M. except the East 100 feet thereof . PARCEL 7 SW1/4 of the SE1/4 Section 30 , Township 1 North, Range 66 West of the 6th P.M. , EXCEPT the West 370 feet thereof and except the South 413 feet thereof . PARCEL 8 That part of the South one-half of Section 30 , Township 1 North , Range 66 West of the 6th Principal Meridian , Weld County , Colorado, described as: Beginning at the South one-quarter corner of said Section 30 ; thence S89°54'00"E on an assumed bearing along the South line of said Section 30 , a distance of 290 .54 feet to a point 50 feet West of the Westerly R.O.W. line of United States Highway No. 85, being the true point of beginning; thence Northerly , parallel to said Westerly R.O.W. line as follows: N01 °39'00" E, 31 .44 feet ; N14 °12'32" E, 108. 12 feet ; N00 °09'00"W, 352.75 feet to a point ; thence S89 °54'00"E a distance of 50.00 feet to the Westerly R.O.W. line of U.S. Highway 85, thence Southerly along the said Westerly R.O.W. line as follows: S00 °09'00"W, 352.75 feet ; S14 °12'32"W. 108. 12 feet ; S01 °39'00"W, 31 .44 feet to a point on the South line of said Section 30 ; thence West along said South line of Section 30 a distance of 50 feet to that true point of beginning. Except parcels conveyed to State Highway Department . 88244 Weld County , Colorado. Hello