HomeMy WebLinkAbout911461.tiff • )'"\
B REC 02275622 01/20/92 1 .06 $0 .00 1/001
02275122 F 1124 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
RESOLUTION
RE: APPROVE VACATION OF ALLEY IN CONJUNCTIOS WITH TOWN OF LASALLE - LOT 15 OF
MCCUTCHEON'S SECOND ADDITION
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 been presented with a request to vacate the entire
width of the alley as described by plat as recorded in the office of the Clerk
and Recorder of Weld County, Colorado, on June 23, 1919 as Document No. 202785,
and
WHEREAS, said alley is described as a part of Block 15 of McCutcheon's
Second Addition, Town of LaSalle, Weld County, Colorado being more particularly
described as follows:
Beginning at the Northwesterly corner of Lot 1, Block
15. Thence Easterly along said Block Line, 355.73 feet;
Thence Northerly 20.0 feet; Thence Westerly, parallel to
the aforesaid Block Line, 355.73 feet; Thence Southerly
20.0 feet to the point of beginning.
WHEREAS, after study and review, the Board of County Commissioners, in
conjunction with the Town of LaSalle, has deemed it advisable to vacate the
entire width of the alley, as drawn in the drawing attached to Ordinance No. 7-
1991 of the Town of LaSalle, said Ordinance being attached hereto and
incorporated herein by reference as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the entire width of said alley hereinabove described be,
and hereby is, vacated.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of December, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST: " ' WELD COUN , , OLORADO
Weld Coun to elle Board
i' Gord.. =cy, C rman
-i
Deputy' ,to the Board eo a Ke dy, Pro-Temm
APPROVED A FORM: ./�f��i��Cji';`S'�"`"
Constance L. Harbert
feltif
County Attorney C. W. Kirby 29-412-11:(7
W. H. ebster
911461
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B 1323 REC 02275466 01/17/92 10 : 37 $25 . 00 1/005
pH2275W66 F 078�IARY ANN FEUERSTEIN CLERK "ThRECORDER WELD CO, CO
TOWN OF LASALLE, COLORADO
ORDINANCE N0 . 7-1991
AN ORDINANCE TO VACATE AND RELINQUISH THE ENTIRE WIDTH
AND LENGTH OF AN ALLEY AND TO ZONE SUCH ALLEY,
PART OF WHICH CONSTITUTES THE NORTHERN BOUNDARY
OF THE TOWN OF LASALLE , COLORADO .
WHEREAS , the Board of Trustees of the Town of LaSalle ,
Colorado , after due investigation and consideration , has
determined that the nature and extent of the public use and the
public interest to be subserved is such as to warrant the
vacation of the entire width and length of an alley described in
the following ordinance .
NOW, THEREFORE , BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF LASALLE , COLORADO:
Section 1 . That the entire width of the alley as described
by plat as recorded in the office of the Clerk and Recorder of
Weld County, Colorado , on June 23 , 1919 as document No . 202785
and described as follows :
A part of Block 15 of McCutcheons Second Addition , Town of
LaSalle , Weld County , Colorado being more particularly
described as follows :
Beginning at the Northwesterly corner of Lot 1 , Block 15 .
Thence Easterly along said Block Line , 355 . 73 feet : Thence
Northerly 20 .0 feet : Thence Westerly, parallel to the
aforesaid Block Line , 355 . 73 feet : Thence Southerly 20 .0 feet
to the point of beginning .
Said alley herein vacated as colored in red and indicated by the
words "to be vacated on the drawing hereto attached , which
drawing for greater certainty is hereby made a part of this
ordinance , be and the same is no longer required for public use
and the public interest will be subserved by such vacation .
Section 2 . Reservation of Easement .
The owners of said property agree to dedicate all necessary
unobstructed rights-of-way for utility easements needed for water
and sewer lines to serve the area described herein , or for
transmission through the area described herein .
Section 3 . Hold Harmless Agreement .
The owners of the property abutting the alley vacated by
virtue of this Ordinance shall execute the Agreement , attached
hereto and made a part hereof as Exhibit A, providing that such
owners shall defend the Town of LaSalle , Colorado and hold it
harmless from any claims or damages resulting from the vacation
accomplished by virtue of this Ordinance .
911.461
B 1323 REC 02275466 01/17/92 10 : 37 $25 ._00 2/005
F 0782 MARY ANN �'UERSTEIN CLERK & RECORDER ELD CO, CO
Section 4 . Plat of Vacation .
A plat of vacation accurately displaying the above-described
portion of the alley to be vacated is hereby made a part of this
Ordinance by attachment .
Section 5 . Ownership and Zoning .
Ownership of the vacated public rights-of-way described in
Section 1 above shall inure to the benefit of the property
located within the corporate limits of the Town of LaSalle ,
Colorado and abutting such rights-of-way on the north ; zoning of
the vacated property shall be C Commercial .
Section 6 . Recordation .
The Town Clerk is hereby directed to cause a certified copy
of this Ordinance , together with the Plat of Vacation and Hold
Harmless Agreement , to be recorded with the Weld County Clerk and
Recorder upon satisfaction of the provisions set forth in Section
7 .
Section 7 . Effective Date .
This Ordinance shall be in full force and effect after
thirty (30) days from the date of final passage , approval and
publication and the execution of the Hold Harmless Agreement
described in Section 3 .
PASSED AND ADOPTED , SIGNED AND APPROVED THIS 10th day of
December , 1991 .
TOWN OF LASALLE , COLORADO
ATTEST: Doyle rst - Mayor
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Dana K. Stencel - Town Clerk
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B 1323 REC 02275466 01/17/92 10 : 37 $25 . 00 3/005
F 0783 MARY At^ FEUERSTEIN CLERK & RECORD WELD CO, CO
EXHIBIT A
HOLD HARMLESS AGREEMENT
This Agreement is made and entered into this 10th day of
December , 1991 by and between the Town of LaSalle (hereinafter
referred to as "Town" ) , a municipal corporation of the State of
Colorado , Lott of Cars , Incorporated (hereinafter referred to as
"Corporation" ) , David Keiser (hereinafter referred to as
"Keiser" ) , and Rodney Hoffner (hereinafter referred to as
"Hoffner" ) .
RECITALS
1 . 1 . Corporation owns certain property outlined in yellow on
Exhibit B attached hereto and incorporated herein by
reference (hereinafter referred to as "the property" ) .
Adjacent to the property is an alley colored in red and
indicated by the words "to be vacated" (hereinafter referred
to as "the alley" ) . The Corporation desires the Town to
vacate the alley .
1 . 2 . The parties wish to agree to certain items relating to
easements and indemnification of the Town by the Corporation ,
Keiser and Hoffner .
AGREEMENT
NOW THEREFORE , in consideration of the mutual promises and
covenants of the parties , it is mutually agreed by and between
the parties as follows :
1 . The Recitals above set forth are incorporated herein by
reference for all purposes as though set forth in full .
2 . The Town will approve the vacation of the alley upon
execution of this Agreement by the Corporation , Keiser , and
Hoffner .
3 . The Corporation . Keiser , and Hoffner agree to dedicate
all necessary unobstructed rights-of-way for utility easements
needed for water and sewer lines to serve the area described
herein , or for transmission through the area described herein .
4 . The Corporation , Keiser , and Hoffner shall indemnify and
hold harmless the Town and any other companies or individuals
used by the Town , its officers , agents and employees , against and
from any and all liability , loss , damage , claims , demands , costs
and expenses of whatsoever nature , including court costs and
attorney fees , which may result from injury to or death of
persons whomsoever or against and from damage to or destruction
of property whatsoever ( including damage to any structures owned
by the Corporation , Keiser , or Hoffner or other property of the
Corporation , Keiser , or Hoffner and such other property in its
care or custody) , including those claimed by Keiser , Hoffner , or
the Corporation ' s employees , agents or other companies or
individuals used by the Corporation , Keiser , or Hoffner and all
other third parties , when such injury, death, loss , destruction
CAN le'l
b 1323 RLC 02275466 01/17/92 10 . 3; 525 . 00 4/005
F 0784 MARY ANN FEUERSTEIN CLERK & RECORDER -'5LD CO, CO
or damages are due to , or arise because of the vacation of the
alley or the use of the property or the alley by Keiser . Hoffner ,
or the Corporation or any other third party or the erection , use ,
operation , occupation , failure , existence , maintenance , repair ,
modification , reconstruction . relocation or removal of any
structures , improvements or alterations to the property or the
alley .
5 . The waiver by the Town of the breach of any condition ,
covenant or agreement herein contained to be kept , observed and
performed by the Keiser , Hoffner , or the Corporation shall in no
way impair the right of the Town to avail itself of any
subsequent breach thereof .
6 . Subject to the provisions of Paragraph 5 , hereof , this
Agreement shall be binding upon and inure to the benefit of the
parties hereto , their heirs , executors , administrators ,
successors and assigns .
7 . Keiser , Hoffner , and the Corporation shall not assign
this Agreement , in whole , in part , or any rights herein granted ,
without the written consent of the Town , and it is agreed that
any transfer or assignment or attempt to transfer or assign of
this Agreement or any other rights herein granted , whether
voluntary , by operation in law or otherwise , without such consent
in writing , shall be absolutely void and , at the option of the
Town , shall terminate this Agreement .
8 . The parties acknowledge that this Agreement to vacate
the alley shall be enforceable by an action for specific
performance filed in the District Court of Weld County and that
this Agreement may , upon execution , be recorded in the office of
the Clerk and Recorder of Weld County , State of Colorado , and
shall be binding as provided by law.
IN WITNESS WHEREOF , the parties hereto have caused this
Agreement to be executed in triplicate as of the date first
herein written .
LOTT OF CARS , INCORPORATED
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ATTEST:
By: �uw
David Keiser , President j Rod o fner,;� ecreta y
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David Keiser , Individually RodnerH fne , ndividually
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TOWN OF LASALLE , COLORADO ATTEST:ISL) 610%hek) By: Ncit n a � �'V F� i.t
Mayor Town Clerk
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B 1323 REC 0227^ 56 01/17/92 10 : 37 $25-10 5/005
F 0785 MARY ANN r'EUERSTEIN CLERK & RECORDEh tiELD CO, CO
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PUBLIC NOTICE
Docket No. 91-66
NOTICE IS HEREBY GIVEN that a hearing will be held before the Board of
County Commissioners of Weld County, Colorado, to consider vacating an alley
described as a part of Block 15 of McCutcheon's Second Addition to the Town of
LaSalle, being more particularly described as:
Beginning at the Northwesterly corner of Lot 1, Block
15. Thence Easterly along said Block Line, 1391.0 feet;
Thence Northerly 20.0 feet; Thence Westerly, parallel to
the aforesaid Block Line, 1391.0 feet; Thence Southerly
20.0 feet to the point of beginning.
Said alley is described by plat as recorded in the
Office of the Clerk and Recorder of Weld County,
Colorado, on June 23, 1919, as document No. 202785.
Said action is in conjunction with the Town of LaSalle to vacate a roadway which
constitutes the boundary between LaSalle and unincorporated Weld County and will
be subject to the reservation of an easement for drainage purposes. Said matter
will be considered at a regular meeting of the Board of County Commissioners to
be held in the First Floor Assembly Room, 915 10th Street, Greeley, Colorado, on
December 16, 1991, at 9:00 a.m.
Any interested citizen may attend and be heard, or register any objections
thereto at any time prior to said hearing.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
CLERK TO THE BOARD
BY: Carol A. Harding, Deputy
DATED: December 2, 1991
PUBLISHED: December 5, 1991, in The New News
9114b1
STATE OF COLORADO ) •
)s' .s.
COUNTY OF WELD )
David B. Reynolds, being duly sworn,
says that he is publisher of
The New News, a weekly newspaper
published in Keenesburg in said County
and State; that said newspaper has a
general circulation in said County
and has been continous1y and •
uninterruptedly . published therein,
during a period of at least
fifty-two consecutive weeks prior to
the first publication of the annexed
notice= that said newspaper is a PUBLIC NOTICE
newspaper within the meaning of the Docket No.slss
act of the General Assembly of the NOTICE LS HEREBY GIVEN that ahearing w be held bHorc the Board
State of Colorado,, entitled "An Act of Coun Connesiones d Weld
to regulate the printing of legal and as`a�ofBl
notices and advertisements, " and ts�rasee"d�tion re
the Town of LaSalle, being more
amendments thereto] that the notice xBewaru .
Beguuun at B Northwesterly
comer
r��y ak,rg Said Block Wr d5.
ire 1191))
of which the annexed is a printed feet; Thence NorUrerly ao.0 feet,
Thence Westerly, parallel to the
Copy taken from said newspaper, was • aforesaid Block line, 1391.0 feet
Thence published in said newspaper, and in p�w�"� 20.0 hex to the pointla alley u described by plat as
the regular and entire issue of �wdmmmeo�aeatdec�t.ad
every number thereof , h=amlet a w� aya INO. "
Jute G,ralY,as oawr two.L21n.
Said va in rani���q�, with t1e
which a ditutee he bound a bdwee}
waSal a and
me boundary between
once a week for I LaSalle and unincorporated Weld
County and will ben subject to the
GUCCeL11Ve weeks; that said notice reservation of an. easememarnt for
he
was so published in 'said newspaper e a canstFy will
proper and not in any supplement held in slse Fiat strer seeely
Roothereof , and that the first Coked*onDecdr, w,1991,at9:00
puolieation of said notice as antra thte,ested dliren may attend
and be heard, or register any
aforesaid, was on the Arid �ing. oat any dieti°''m
BOARD UNTY
COMIV➢ O
YSIONNEFtS
_Z day of �. a� 19 11 , svCONALDD.Wn�EN
CLERK TO THE BOARD
and the last on the day of DATED:
Caro] A. Harding,191 Deputy
DATID ED:December
c 1 1991
Y PUBLISHED:News
De a her 5, 991, u
� 1te New News
��� 1 � 19�e .. �..�.. ...-..
,.
Subscribed and sworn to before
me this ,21kday cot-
19
��of�_ %ram ,L�CZ Sale,�/�i �s7e„\, TOWN HALL
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,��••�� •i 119 MAIN P.O.BOX 717 LA SALLE, COLORADO 80845
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\�O�y'.,u:a,,,.. - � PHONE: 303-284-8931
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December 6 , 1991 r_l(,1771 of
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Lee Morrison , County Attorney jE:`{'r ( " -�f
__.
Weld County ��. ___ ____...---__ _._._.
915 10th Street
Greeley , Colorado $0631
Dear Mr . Morrison ,
Enclosed is the final draft of Ordinance 7-1991 vacating an
alley . The Board will act on this ordinance on Tuesday , December
10 , their action will be contingent upon the Commissioners ' . I
will deliver , to the clerk to the Board , a copy of the ordinance
and other documentation Wednesday afternoon .
Late Friday , Brad Laue , our attorney, recommended that we vacate
only . the: parties. edilkihear'tewitelt '1°"64rli'te!ek 13i I,:',k►ireve,'--ardletited
the .1.e # iJi"ej4keo*er4., ►444e44D., 4 541 3 .nett , tieit oaf
the-1 eijY 40,wwwitmennillIMINIMPIIIS
Thank you for your assistance in this .
Sincerely ,
11 >.i� � S�#r�( �('
Dana K . Stencel
Town Clerk
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��nof(,gf9l!\\ 47:1.4444 44 Sallef &Mad° TOWN HALL
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1����•• � 119 MAIN P.O.BOX 717 LA SALLE,COLORADO 80845
gia O ` ,Wd" PHONE: 303-284-6931
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177
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November 29 , 1991
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Lee Morrison, County Attorney ,Weld County � .
915 10th Street t`
Greeley, Colorado 80631
Dear Mr. Morrison,
Enclosed is a draft of the ordinance to vacate an alley as
requested in my letter to you dated November 6, 1991 . Our
attorney, Brad Laue, has not reviewed this ordinance, however,
Mr. Laue indicated that you wanted to be notified prior to it ' s
adoption so that property owners could be notified. The
ordinance is scheduled for consideration by the Board of Trustees
at their regular meeting December 10 , at 8 : 00 p.m. at Town Hall ,
119 Main Street.
I will send a final copy of the ordinance once it has been
approved by the Board.
Sincerely,
V
4 mac, -)\I (?-
Dana K. Stencel
Town Clerk
enclosures
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