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mEmoRAnDum
Whit Tom David
To County Attorney __. oats _Aaril�1$`1,_ 1988
�COLORADO From Drew L. Scheltinga, County Engineer-
Vacation of Right-of-Way,
subject: Cowan Concrete Products. Inc._____
In a letter dated January 20, 1988, Mr. Richard Bump of Caplan
and Earnest, Attorneys-at-Law, requested Weld County consider a
vacation of certain rights-of-way on land owned by their client, Cowan
Concrete Procucts, Inc. I have reviewed the material submitted with
Mr. Bump's letter and have some observations.
The survey indicates a 30-foot right-of-way, either side of all
section lines, based on the Board of Weld County Commissioners
Resolution of October 14, 1889. However, as you well know, this
Resolution affected only those lands that lie on the public domain of
the United States. I would be very surprised if this parcel of land
was not patented prior to the 1889 Resolution. It would be a simple
matter to check the abstract for the properties involved to verify my
suspicion. If the easment does exist, I have no objections to
vacating the rights-of-way on the north and west line of Section 35,
Township 6 North, Range 66 West.
There is an 80-foot wide strip of land laying along the entire
southern boundry of the Cowan property adjacent to the Colorado
Southern Railroad right-of-way. This strip of land is not a
right-of-way. It was aquired in 1934 by Weld County from the Larimer
and Weld Investment Company through a Quit Claim Deed. I suspect the
strip of land was intended for a roadway, but the Quit Claim Deed does
not refer to a road or a right-of-way. Therefore, I suspect something
other than a right-of-way vacation would be appropriate. It is my
opinion, Weld County does not need to retain the 80-foot strip of land
for roadway purposes.
Please advise me how you would like to proceed with this matter.
DLS/rs:
xc: Richard E. Bump, Esq.
Caplan and Earnest Attorneys at Law
Court Square Building
1301 Spruce Street, Suite 300 K9 /
Boulder, Colorado 80302 6/V -
Commissioner Frank Yamaguchi
Commissioner Jackie Johnson
Clerk to the Board
IIU13A4
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