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Home My WebLink About880062.tiff RESOLUTION RE: APPROVE ACTION OF THE BOARD CONCERNING PETITION REQUESTING VACATION OF CERTAIN COUNTY RIGHT-OF-WAY 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, Richard E. Bump, Attorney, on behalf of Cowan Concrete Products, Inc. , dba Mobile Premix of Greeley, has submitted a petition to the Board requesting that Weld County vacate certain right-of-way near 35th Avenue, and WHEREAS , after review, the Board deems it advisable to refer said request to the Road and Bridge Department for its recommendation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the petition requesting that Weld County vacate certain right-of-way be, and hereby is , referred to the Road and Bridge Department for its recommendation. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D. , 1988 . ^ cf BOARD OF COUNTY COMMISSIONERS ATTEST: �` ` L"�f J WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Gene R. Brantner,tn Chairman C.W. t irrjby, Prom $Y: brit-ln � �,- .wx.-l�. eputy County lerk APPROVED AS TO FORM: ace 1 ' so C ----*S2 i GY Attorney County Frank Yamaguchi ,'„ r 880062 CAPLAN AND EARNEST ATTORNEYS AT LAW GERALD A. CAPLAN COURT SQUARE BUILDING LYNN DAVID BIRD G. LANE EARNEST 1301 SPRUCE STREET,SUITE 300 WILLIAM J. KOWALSKI EDWARD R. KELLENBERGER JOY FITZG ERALD LYNN G. KUYKENDALL BOULDER,COLORADO 80302 J. MARCUS PAINTER RICHARD E. BUMP SUSAN S.SCHERMERHORN WILLIAM A.AHLSTRAND (303)443-8010 ALEXANDER HALPERN HARL G. DOUGLASS(1914-1985) FRANK A. BUCHANAN(1920-19861 January 20 , 1988 Tom David, Esq. k'nN'2 " 1ss8 Weld County Attorney P. O. Box 758 Greeley, Colorado 80632 • Re: Petition to Vacate County Right-of-Way Dear Tom: This office represents Cowan Concrete Products , Inc . , d/b/a Mobile Premix of Greeley. As you may recall , some time ago I spoke with you by telephone concerning the potential vacation of some easements which affect the Company' s property located on 35th Avenue in Greeley. About a year ago, the Company undertook the project of surveying its property and updating the title work asso- ciated with it . As part of that review, it became apparent that the County held title to a number of easements affecting the property. Enclosed is a survey with the easements highlighted. Also enclosed are copies of the relevant instruments from the Weld County Records by which the County obtained its interests . On behalf of the Company, we are respectfully requesting that the Board of County Commissioners consider these easements for vacation . By vacating the easements , it will promote security at the parcel , prevent casual trespassers and the associated liability as well as clean-up problems . It also appears that at least in the case of two of the easements , given the terrain and location of the river , it would be unlikely that any roads would actually be built within the easement areas . Should you have any questions concerning this request, please feel free to contact me or John F. Hickman , 880062 CAPLAN AND EARNEST Tom David, Esq. January 20 , 1988 Page Two Land & Resources Manager , telephone 534-3165 . Thank you very much for your consideration. Very truly yours , CAPLAN AND EARNEST - Richard E. Bump REB:mjj Enclosures 880062 • • • THE WELD COUNTY ABSTRACT AND INVESTMENT COMPANY. GREELEY. COLO. SHEET NO. G'Oe' -e'Oe- e-c e06be e e'obSi ' 4laSL6"beO&t,&t C ..c-e-ue e ORDER DECLARING ALL SECTION AND TOWNSHIP LINES ON THE PUBLIC DOMAIN OF THE UNITED STATES IN WELD COUNTY. TO BE 9 PUBLIC HIGHWAYS, ETC. PASSED BY THE BOARD OF COUNTY COMMISSIONERS OCTOBER 12, 1889. 6 WHEREAS. Section 2477 of the Revised Statutes of the United States provide,: 'The right of way for the construction of highways over public lands not s j reserved for public uses is hereby granted.' and, 6 WHEREAS, By virtue of an act of the General Assembly of the State of Colorado. entitled: 'An act to Amend Section 4 of Chapter 95 of the General Statutes of the State of Colorado, entitled, "Roads and Highways," approved April 7, 1885. it is provided, 'The Commissioners of the County may at any regular a v meeting by an order of the Board declare any section or township line on the public domain a public highway, and on and after the date of such order, it shall C• be attested by the Clerk, under the seal of the County, and recorded in the office of the Recorder of Deeds. The road so laid out shall be a public highway.' And. WHEREAS, The public interests require that there be public highways on all section and township lines on the United States public domain, within the Oj limits of the County of Weld. It "IT IS HEREBY ORDERED. By the Board of County Commissioners of the County of Weld, that all section and township lines on the public domain s A of the United States, within the County of Weld and State of Colorado. to-wit: In Townships 7. 8. 9, 10 and 11 north in ranges 56, 57, 58. 59 aid 60 west of • the sixth principal meridian; townships 1, 2. 8, 4, 5, 6, 7 6, 9, 10 and 11 north in ranges 61. 62, 68, 64, 65. 66, and 67 west of the sixth principal meridian; and townships 1, 2 3 and 4 north in range 68 west of the sixth principal meridian; and in sections 19 to 36 inclusive. in township 12 north in ranges 56 to 67 O inclusive. west of the sixth principal meridian, be and the same hereby are declared to be the center of public highways or County roads, which said roads shall L G be and hereby are declared to be roads 60 feet wide, being 30 feet on each side of said section and township lines. And, "BE IT FURTHER ORDERED, That a duly certified transcript of the order and action of the Board concerning said public highways, duly attested by 0 6 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 County, Colorado. And. "BE IT FURTHER ORDERED, That the County Clerk and Recorder of Weld County, Colorado. be and he is hereby instructed when said certified 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 Hon- s G orable United States Surveyor General for the State of Colorado; another to the Honorable Register and Receiver of the Land Office at Denver. Colorado, and A F another to the Honorable Commissioner of the General Land Office at Washington. D. C.. and that said County Clerk and Recorder shall make report of his Q acts and doings hereunder at the next meeting of this Board." On the first day of the next session of said Board of County Commissioners, to-wit, on the 6th day of November, A. D. 1889, the County Clerk of Weld County reported of his acts and doings under the above order to the effect that he had duly executed the order of the Board above specified in detail. Recorded in Book 5, page 2Se. records in the officethy a ty Commissioners, Weld County, Colorado. Re&8red tnher 14 1889 at of : a_O P.M. in Book Sts Page 273 ,weld County Record. # tamp 4 4s4G' ..s4O4s0.G4A4s4sa.sai4S4s4G0-d4ids4s4e400.G41s.s44C`is4s4O 880062 ammo DEC 1419341 ,fo rA.... n 971 ma 96 indlisal333a_flint i..eamsc14bawd. Nona means aew.asaeaaees..+rr0.r.at MIS 1St eur..o►a....a.tawy E 'f a lalith. Ytlt t6Y "^t dpi d Aaawlae is tie 7w'd are Lacier Seeaddes laced aadtMre7_faar ,late !O Len AID MD alone!. •,.. r im the rpdnd sad•Mina order ad b7 Arne of Use laws d the sea d Cldwdo,et the .; Aea pen,and • d tM tar,d ,and State of Cobaade,d the man:;n-4 AitJl ' ntYs acid pas d the sat part, kr ad la ariiwatiw d the an d • ONt Wait Aso amra vaLnahu aim= ttLI a: to the add part,d the bat pat in had paid by the acid part,' d the read pat,ths leant dewed • l booby age ad ad awM.h-d,loth nand,riered,add,tended ad QUITCLAIM,sad by the prowls ddb radar rolerr,ad,tare,ad QUITCLAIM®to the aid party of the head pate, its leis and angle forever,as the sight,title,Sanwa,St aad deal ethic the aid pat a e d as Y pat bale la ad tone following described land Math,bag and nag la fee' Oaat7 eI :old and state d Colorado,to wit: a strip at That eighty (601- feat in width lying iaodlatel, North owlet to the right of wary of Coloraao sad Southern Was thy Coopaq o0eaelag at a point where said right of way iaterseata the Zortklias of the lowthrest quarter of the Southwest quarter (sal * ) of Seetles'lhir'V♦is (s6) township Six (6) North, of bans• sinty-sis (66) hest of the Sixth Pelt., 1a Weld County*olorauo. running thence Nord:seater- -=#'ate^the test leas of•tbs southeast quarter of tun iortlaest quorums. > at Rondo, thirtretour (34) towaship Six (6) North, of beads 51aty- f1x 4*tSi * of the Sixth t.r., !a Pelt aoonty. Coloawdo. IM11N@ M rights of q for Irrigation ditches sad laterals. • t ir +t a. rt 1 V. "7-- n • "•!p RY-. Ji.L. . , tit Y - e l�'tib.,. ,..�v•`N �:.:- ..,t..,-.. ..r_ s., _ -`.,°` w..e+...' 'r Y.'�+ -r.'�`ti it, ,F X.• 7. aJ Yes y w i sy, 880062 r i f Mt TO SAVE AND TO BOLD the acme, together with all ad aline, the yrpureeeuse,s and pawl-leges tiren•unto la•bngimg, or in anywise thereunto appertaining,and all the estate, right,title,Steal and claim whatsoever, of the said party of the first past,ether is law or equity,to the Sy proper a,beds and!,l.00f of the said party of the second part, its hors and amigos forever. rat wrrxims rumor, The said party of the fins part huh caused its entente leans to be bercunto sulw•ribe,i by its President, and its corporate d to be bactmto s&asd, attested by its Seommemahe day and year first above written. . -. � , �i • y .latest: Ay_.e."4/1 Avw,liwt. Cat Secretary. STATE OF COLORADO, ) $5. ... . •. .. COUNTY OF.Lit tlaer I • I. Benjamin I. Brack in amt fur said I tiger Comity, in the State aforesaid,do hereby certify that Roy A. Partner and M. A. Portaters who are personally known to me to be the same persons whose names are subscribed to the forgoing deed as having executed the same respectively as President and Secreta ry of a corporatism, and who are known to me to be such officers,respectively,Y appeared-heiore we this day in person,and severally acknowledged: That the awl eased to the fo regoing instrument is the corporate seal of said camellia: that the same was thereto affixed by the authority of said corporation: that mid - instrument wee by like authority subeerined with its corporate name;that the mid Roy A. aortae, is the President of said corporation, and I the said !. R. Partner is the Secretary tiers.,(; Met Ly tLe authority of mid corporation they respectively subscribed their names thereto as President and fla .etary,and that they signed,mall and delivered the said instrument of writing as their free and voluntary sat aed deed,and es a free and volaetary set and deed or mid eoeparatles for the cam and purposes therein set forth /^/ ray hand and notarial seal,this 3 day of ryY • r ."'paY ..�z YCTAlef POBLIC - 880062 FILE CONTAINS TRANSCRIPT OF PROCEEDINGS OF BOARD OF COUNTY COMMISSIONERS 2 PAGES ILLEGIBLE PRINT Hello