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Home My WebLink About920312.tiff RESOLUTION RE: APPROVE QUIT CLAIM DEED FROM WELD COUNTY TO LARRY J. AND LOIS F. GRACIK AND AUTHORIZE CHAIRMAN TO SIGN 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 Quit Claim Deed from Weld County, Colorado, to Larry J. and Lois F. Gracik, 38504 Weld County Road 122, Grover, Colorado 80729, with the further terms and conditions being as stated in said, and WHEREAS, said deed concerns property described as part of Section 24, Township 7 North, Range 63 West of the 6th P.M. , Weld County, Colorado, being more fully described in Exhibit A to said deed, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said deed, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Quit Claim Deed from Weld County, Colorado, to Larry J. and Lois F. Gracik for the above described property be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said deed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by thefollowing ;/vote , on the 6th day of April, A.D. , 1992. �UiI�IL�� WBOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board Ge ge Kenn dy, Chairman BY: _O= � 5171/N EXCUSED Deputy C� / rk to the Board Constance L. Harbert, Pro-Tem APPROVED AS 3'0 'FORM: [+/3 /--- C. W. Kirby ` ounty Attorney Gordon E. Lacy JidA M 10,12 - W. H. Webster 920312 ", HCN1kSi t fi17 rlic.i i}i(31Q- �`I G-kfiCIK fJnrtTnG) C • OFFICE OF COUNTY ATTORNEY PHONE(303).356-4000 EXT. 4391 P.O. BOX 1948 GREELEY,COLORADO 80632 C. COLORADO March 30, 1992 Homestead Title of Greeley c/o Cleona Nelson 930 11th Avenue Greeley, CO 80631 RE : Quit Claim Deed for Larry and Lois Gracik Dear Cleona: Enclosed herein please find the Quit Claim Deed from the Board of County Commissioners to Larry and Lois Gracik for the property along the north side of State Hwy. 392 . This Quit Claim Deed may only be recorded after the closing for the property in Section 24 , Township 7 North, Range 63 West and proper transfer by deed of the property from Daniel Ochsner and Pamela Sturges to Larry and Lois Gracik. If you should have any questions regarding this letter or the Quit Claim Deed, please feel free to call me at 356-4000, Ext. 4391 . Yours truly, rruce T. Balker l � _ Assistant Weld County Attorney BTB:bp Enc . pc: William Southard, Esq. Recorded at oc..,ck_—M; on__ _Boc __. Page Reception No. —.--------------- -- -------- Recorder c C/llit (lain iketl THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are. Grantor: (Give names(sl and place(s) of residence: it the spouse of the owner-granter is lining in this Deed to release homestead rights identify grantors as husband and wile.) COUNTY OF WELD, STATE OF COLORADO Grantee: (Give name(s) and address(es), statements of address. including available road or street number. is required.) LARRY J. GRACIK and LOIS F. GRACIK 38504 Weld County Road 122 Grover, Colorado 80729 Form of Co-Ownership: (If there are two or more grantees named. they will be considered to take as tenants in common unless the words"in joint tenancy'in words of the same meaning are added in the space below.) IN JOINT TENANCY Property Description: (Include comfy and state.) See attached Exhibit A • D_ a-"," A Property Address: Vacant land O n Reservations-Restrictions: (ii the GRANTOR intends to reserve any interest in the property or to convey less than he 3 owns. or of the GRANTOR is restricting the GRANTEES right in the property. make b appropriate indication.) E ig 92_ Executed by the Grantor nn — APRIL 6, Signature Clause for Corporation.Partnership or Association: > Signature Clause tor Indlyldusl(s): • WELD COUNTY, COLORADO _ n_ Name of Grantor Corporation. Partnership or Association 0 GE KENN "CH 04 2Gramor By WELD COUNTY BOARD OF COMMISSIONERS ATTEST: WE D COUNTY CLERK- TO BOARD Grantor By EY: ht.(Lpp2 , 1 L/ 1i,( 11 CI(1J DEPUTY CL /ERK TO BOARD Grantor Attest STATE OF COLORADO SS COUNTY OF 1 The loregomg instrument was acknowledged before me this day of - 19 By • WITNESS my hand and olliciai seat My commission empires: Notary Public STATE OF 55 COUNTY OF ) The foregoing instrument was acknowledged before me this day or 19 By• t•name individual Grantorls)or if Grantor is Corporation.Partnership or Association then identity signers as president or vice president end secretary or assistant secretary of corporation.or as partner(S)of partnership,or as authorized memberls)of association I WITNESS my hand and official seal My commission aspires: Notary Public 1911 UPDATE LEGAL FORMS O P O Box 1815-Greeley. Colorado 80632 (303) 356.6360 NO 203 920312 / '/'OL1U() OrIG4-tJnL T!IAE To HL,/wESTAKE) T[Tt,� To sZF(-do MIER CLoSi4, EXHIBIT "A" Part of Section Twenty-four (24 ) , Township Seven ( 7) North, Range Sixty-three (63) West of the 6th Principal Meridian (6th P.M. ) , County of Weld, State of Colorado, being more particularly described as follows : A strip of land One Hundred and Thirty feet ( 130 ' ) in width and being all that part of the abandoned Right-of- Way (ROW) of the Union Pacific Railroad (UPRR) lying Northwesterly of a line parallel with and Fifty-five feet ( 55 ' ) Southeasterly of as measured at right angles to the centerline of the former main track, as was previously surveyed, staked out and located upon and across said Section Twenty-four (24) : Said centerline of main track crosses the south line of said Section 24 at a point 85 feet West of the Southeast Corner thereof, and extends on a tangent North 38° 22 ' east to a point 70 feet North of the Southeast Corner of said Section 24 in the East line thereof . RESERVING UNTO ITSELF a right-of-way for road purposes thirty feet ( 30 ' ) in width for Weld County Road No. 78 and Weld County Road No. 73 along the South and East lines respectively of said Section 24 within the aforesaid described 130 ' strip of abandoned ROW of the UPRR. exrowuprr.bap BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST DEPARTMENT: COUNTY ATTORNEY DATE : March 30, 1992 PERSON REQUESTING: Bruce T. Barker, Assistant Weld County Attorney Brief description of the problem/issue: On June 17 , 1991, the Board of County Commissioners vacated portions of the abandoned railroad right-of-way along the north side of State Hwy. 392 . Attached is a copy of the resolution which accomplished the vacation. The abandoned railroad right-of-way had originally been purchased by Weld County in order to expand Hwy. 392 from Cornish to Briggsdale. The Board vacated the right-of-way in 1991 at the request of Virginia Harvey, and with the concurrence of the State Highway Department. On March 19, 1992, I received a telephone call from Bill Southard, attorney for Larry Gracik. It seems that Mr. Gracik wishes to purchase property located in Section 24, Township 7 North, Range 63 West of the 6th P.M. from Daniel Ochsner. This parcel lies immediately north of a small portion of the abandoned railroad right-of-way which was vacated by the resolution dated June 17 , 1991 . Mr. Southard explained that Homestead Title desires to have Mr. Gracik obtain a Quit Claim Deed from the Board of County Commissioners for that portion of the abandoned railroad right-of- way which is immediately adjacent to the property. Pursuant to Section 43-2-303, C.R.S. , this vacated right-of-way is to go to the adjacent landowner to the north, because the public is reserving a thirty foot ( 30 ' ) right-of-way along the two section lines unto itself . Mr. Gracik further explained that the Quit Claim Deed will resolve any uncertainties in the title which may have occurred by reason of the vacation and further clarifies the intent of the Board at the time, i .e. , to transfer ownership of the abandoned right-of-way to the landowners on the north side of State Hwy. 392 . Attached is a copy of the Quit Claim Deed which the Graciks wish to have signed by the Board' s Chairman. Recommendation to the Board: I recommend that the Board authorize the Chairman' s signature on the attached Quit Claim Deed after it has been presented at one of the Board's regular Board meetings . I see no problem with Mr. Southard' s request. The County Attorney' s Office formerly provided Quit Claim Deeds to all adjacent landowners any time a roadway was vacated. Somewhere along the line we stopped following this O""° "l2 procedure, and now we provide Quit Claim Deeds only at the request of the adjacent landowners . Initial : Approve Schedule Recommendation Work Session Other Lacy Kennedy 51/ Kirby {/ Harbert Webster C' WROW392 .BAP 2 r Hello