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HomeMy WebLinkAbout950784.tiff AR2082151 EMERGENCY ORDINANCE NO. 2-A IN THE MATTER OF AMENDING AND CORRECTING ORDINANCE NO. 2-1976 CONCERNING THE VACATION AND CONVEYANCE OF PORTIONS OF COUNTY-OWNED ROADS TO THE TOWN OF PLATTEVILLE, COLORADO, A COLORADO MUNICIPAL CORPORATION BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, 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, by Ordinance No. 2-1976 and Quit Claim, intended to vacate and convey the west 30 feet of Division Street between Goodrich Avenue and State Highway 66 adjacent to the Town '1W of Platteville as it existed at the time of enactment of Ordinance o I-. No. 2-1976 , and o41. � o WHEREAS, an error was made in the description in the first 7d tract of land described in Exhibit B of Ordinance No. 2-1976 , n which resulted in the description of a 30 foot strip of land on o the west 30 feet of the described quarter quarter rather than the y N appropriate description of a vacation of property on the east 30 z co feet of the quarter quarter, and • ^� bits+ WHEREAS , the Board desires to make the correction to comply j I-. with the original intent of the parties, and lA yN WHEREAS, there exists an emergency situation in that title to H the area in question should be cleared as soon as possible in order to avoid confusion with respect to a State Highway (] co Department improvement project on Highway 66 . O1 NOW, THEREFORE , BE IT ORDAINED by the Board of County • th Commissioners that the first description in Exhibit B in Ordinance a �, No. 2-1976 , be amended to read: 7c, rn n The east 30 feet of the Southwest Quarter of o the Northwest Quarter of Section 19 , Township iv 3 North, Range 66 West of the 6th Principal x o Meridian, and the east 30 feet of the Northwest Quarter of the Southwest Quarter of r o Section 19 , Township 3 North , Range 66 West of the 6th Principal. Meridian. The C] above-described tract is the west 30 feet of o H Division Street between Highway 66 and o Goodrich Avenue, adjacent to the Town of A o O N Platteville as it existed in May of 1976. 950784 i+ nt n PAGE 2 RE: ORDINANCE NO. 2-A BE IT FURTHER ORDAINED that, pursuant to §3-14 (6) of the Weld County Home Rule Charter, the Board finds and declares this Ordinance to be an emergency and that the effective date of this Ordinance shall be the date of its enactment. The above and foregoing Ordinance No. 2-A was on motion duly made and seconded , adopted by the following vote on the 24th day of December, A.D. , 1986 . BOARD OF COUNTY COMMISSIONERS ATTEST: `r L. " WELD COUNTY, CO ORADO Weld Counter C"iepk and Recorder and. C2ezk t Board Ja que� ' e o hairman Q to BY Gordo ."Lacy , -Tem m con y 'County erk _: . EXCUSED APPROf'D AS' TO FORM: Gene R. Brantner N -- l 7C.W. Kirby z � y Attorney do n Yamagu i c to cn f-] m ts]\ H Read and Approved: December 24, 1986 n CO Published: January 1 , 1987 , in the Johnstown Breeze ri x Effective: December 24 , 1986 4 •• t9 O 0 Eli-CO Di o Eo t- o r ry n ON 0 aO 950784 CORRECTION QUIT CLAIM DEED THIS DEED, made this 24th day of December, 1986 , between Weld County, Colorado, a municipal corporation and political subdivision of the State of Colorado, by the Board of County Commissioners, for the respective interests of the County of Weld and State of Colorado, of the first part, and the Town of Platteville, a Colorado municipal corporation , of the second part; WITNESSETH, that the said party of the first part did, by Quit Claim Deed recorded June 29 , 1976 , in Book 770, Reception No. 1692483 , of the records of the Weld County Clerk and Recorder, convey certain properties in the County of Weld, State of Colorado, to the party of the second part, which Quit Claim Deed contained a legal description of a certain tract of land described as follows: A tract of land located in Weld County, Colorado, more particularly described as rn m follows: o H N F+ CO i o The west 30 feet of the Southwest Quarter of n the Northwest Quarter of Section 19 , Township 3 North , Range 66 West of the 6th Principal Meridian, and the west 30 feet of the Northwest Quarter of the Southwest Quarter of 'fJ N Section 19 , Township 3 North, Range 66 West of z o the 6th Principal Meridian . The above z described tract is the west 30 feet of miH„ Division Street between Highway 66 and a Goodrich Avenue, adjacent to the Town of H Platteville as it now exists. y N tuj - H WHEREAS , it was the intent of the parties that the following described tract of land located in Weld County, Colorado, be n remised , released, sold, conveyed and r y Quit Claimed as of the party r of the first part' s interest to the party of the second part as more particularly described as follows: A tract of land located in Weld County, Colorado, more particularly described as o follows : t7 The east 30 feet of the Southwest Quarter of • o the Northwest Quarter of Section 19 , Township 3 North, Range 66 West of the 6th Principal r o Meridian, and the east 30 feet of the Northwest Quarter of the Southwest Quarter of o ff o n• o 950784 PURPORTED COPY Section 19 , Township 3 North , Range 66 West of the 6th Principal Meridian. The above described tract is the west 30 feet of Division Street between Highway 66 and Goodrich Avenue, adjacent to the Town of Platteville as it existed in May of 1976. TO HAVE AND TO HOLD the same , together with all and singular the appurtenances and privileges hereunto belonging or in anywise thereunto appertaining, and all the estate , right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the second party of the second part and its assigns forever. Signed and delivered this 24th day of December, 1986 , by Weld County, a municipal corporation and political subdivision of the State of Co hradO, by the Board of County Commissioners for its respective interests. '4-4%1A %I .4- • BOARD OF COUNTY COMMISSIONERS ATTEST: i4%1 tr..q '� , ,6'/>Aiss ,i WELD COUNTY, COL R DO Weld County Clerk and Recorder �,�� \ _ and Clerk to the and Jac uel ' e 9 o Chairman Deputy,County `lerk Go d LaL"p , Pi` em EXCUSED Gene R. yBBrrantner e C. W,.. Kirby Frank Yamaguct) G { r SENDER: alreeMaa■rel.2,s.04. 1 Put your shims btttt Iefliall 7b'am on the Tana'Ida Pamir*to do that wal pnnntthkeard from ktWindrotwmd to you.7Rlss4lRl.9t4�?�4Py4HP-507 110 432 you ds of dm Onion nand to and the darer diN�wlr ., Or`, ( . tonormit«vieaar• M amok ok poon�— for tosandcMeh hods) forvwotpb)nprwwd. • g 1. O Show to whom,dos endoddi+s ofJS-1. 8 z CI Restrkwd savant TOWN OF PLATTEVILLE 1 PO DRAWER 70 PLATTEVILLE, CO 80651 TOWN OF PLATTEVILLE PO DRAWER 70 PLATTEVILLE, CO 80615 .rw...a... • Inured I'El(;8 cl'Hicirmsl o COD //D-YS2 Aiways obtain sipnetaih of dddrmae9U8mtand 4N DATE DELIVERED; 6. Sl 0. . 6re',L�1 Ad -Agate 71 '7C. Dab of DNiea3Aw) ry o �� �/ i 8. Addraro4 Addr.ig(/AYLY3(I81811014811121MIN2 9 e y EMERGENCY ORDINAY IN THE MAT TER OF AMENDING AND INANCE NO. 2-11976ECONCERt�ITING DNG THE VACATION AND CONVEYANCE OF PORTIONS OF COUNTY- OWNED ROADS TO,THE TOWN OF PLATTEVILLE,COLORADO A AFFIDAVIT OF PUBLICATION COLORADO MUNICIPAL COR- PORATION BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF WELD COUNTY, COLORADO: STATE OF COLORADO ) WHEREAS, the Board of ) SS County Commissioners of the COUNTY OF WELD ) County of Weld,Colorado,pursu- ant to Colorado Statute and the I, Clyde Briggs, do solemnly swear that I Weld County Home Rule Charter, am publisher of The Johnstown Breeze; is vested with the authority_ of administering the affairs of WeldColo that the same is a weekly newspaper County, the and printed, in whole or in part, and published WHEREAS, the Board, by Ord- inance in the County of Weld, State of Colorado, No. 2-1976 and Quit Claim, Intended to vacate and and has a general circulation therein; that convey the west 30 feet of said newspaper has been published Division Street between Good- rich Avenue and State Highway scent to the Town of 66 ad continuously and uninterruptedly in said Platteville ash existed at the County of Weld for a period of more than time of enactment of Ordinance fifty-two consecutive weeks prior to the Na 2-1976, and WHEREAS,an error was made first publication of the annexed legal notice in the description in the first tract or advertisement; that said newspaper has of land described in Exhibit B of been admitted to the United States mails as Ordinance No. 2-1976, which resulted in the description of a second-class matter under the provisions of 30 foot strip of land on the west 30 feet of the described quarter the Act of March 3, 1879, or any quarter rather than the appropri- ate amendments thereof, and that said description of a vacation of property on the east 30 feet of newspaper is a weekly newspaper duly the quarter quarter, and qualified for publishing legal notices and WHEREAS. THE Board desires advertisements within the meaning of the, towith make the correction analn to t ofco the laws of the State of Colorado. the original intent of the parties, and That the annexed legal notice or advertise- WHEREAS, there exists an ment was published in the regular and tothe emergency situation in that title entire issue of every number of said weekly cleared the area in soon as should n der as confusion in newspaper for the period of ...L. consecu- respect spr to a State i with to s Highway live insertions; and that the first Department nighwaimprovement 6 project publication of said notice was in the issueilf on Highway 66. NOW, THEREFORE, BE IT said newspaper dated (2,-7.3/. A.I). Ir ORDAINED by the Board of and that the last publication of said notice County Commissioners that the was in the issue of said newspaper dated first description in Exhibit B in Ordinance N. 2,1976, be A.D. 19 amended to read: In witness whereof I have hereunto set The east 30 feet of the South- west Quarter of the Northwest my hand this ....RI day of . e' 4-- 3 o of Section 1 of t ie A.D. 11$34n 3 North, 4-- Quarter Range 66 West nShip / 6th Principal Meridian, and the east 30 feet of the Northwest Quarter of the Southwest Quarter of Section 19, Township 3 North, Range 66 West of the Publisher 6th Principe Meridian. The .-,Ctri 30 abo feet ofribD vision ed tract Is the wegt Highway 66 and Goodrich Avenue, adjacent to the Town of Subscribed and sworn to before me, a Platteville as it existed in May of 1976. Notary Public in and for thethe....Cqunty of that, pursuant IT pursuant to R ORDAINED C the We2¢I State of Colorado this r.�../.. day of ,(f/-C.c.... • WA.D. 19kk::. Weld County Home Rule harter, 'the Board finds and declares this Ordinance to be an emergency ,, and that the effective date of this riA ',�i� /Ze c,6/iZv*z,_ Ordinance shall be the date of its .�f-u-7� R ✓ enactment. Notary Public. The above and foregoing Ordinance 2-A on motion duly made and was seconded, - adopted by the following vote on •My commission @XR1:CC8+s.)'+ne let f the 24th day of December, A.D., - 1966- - a-=n'''¢ BOARDCOMMISSIONERS WELD COLORA COUNTY, Jacqueline Johnson Gordon E. Lacy Excused, Gene R. Brantner ll C. W. Kirby 950784 Frank Yamaguchi -. ATTCST Weld County Clerk and Recorder and Clerk to the Board BY: Mary Reiff Deputy County Clerk APPROVED AS TO FORM. Lee D. Morns Asst. County Attorney Read and Approved: December 24, 1986 Published: January 1, 1987, in the Johnstown Breeze Effective: December 24. 1986 STATE OF COLORADO DIVISION OF HIGHWAYS g P.O. Box 850 fo 4,44A Greeley, Colorado 80632-0850 1 ' r/ �o (303) 353-1232 - Y "4;c:4 F c o o December 5, 1986 DEC 9 1986 = Bridge Replacement S.H. 66 -- - W. of Platteville DOH File x+3100 Weld County Board of County Commissioners 915 10th Street Greeley, CO 80631 Dear Commissioners: The State of Colorado is in the process of a bridge replacement and minor widening project on S.H. 66, West of Platteville. Upon preparation of our Right of Way plans, it was discovered that there is an apparent error in the Deed that conveys Division Street right of way from Weld County to the City of Platteville. Enclosed is a copy of the Deed and a print of our ownership map. The area colored in red is the location of Division Street right of way, according to the Deed. The area colored in orange is the location of Division Street. You may wish to file a corrective Deed to eliminate any confusion that may exist. If you have any questions, please call Stan Vermilyea at the telephone number shown above, Ext. 4+9• Very truly yours, ALBERT CHOTVACS DISTRICT ENGINEER _ ' Stan Vermilyea Engineering Technician SV:mbc Enclosures cc: Town of Platteville File 950784 Hello