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Home My WebLink About940998 RESOLUTION RE: APPROVE THREE QUIT CLAIM DEEDS TO CITY OF EVANS - LOTS 6, 7, 8, AND 9, BLOCK 173 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 three Quit Claim Deeds for portions of Lots 6, 7, 8, and 9, Block 173, Evans, Colorado, being more fully described in said deeds, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and to the City of Evans, with terms and conditions being as stated in said deeds, and WHEREAS, after review, the Board deems it advisable to approve said deeds, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the three Quit Claim Deeds for portions of Lots 6, 7, 8, and 9, Block 173, Evans, Colorado, being more fully described in said deeds, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and to the City of Evans, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said deeds. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of October, A.D. , 1994. a �"e / �'[�eet,ttw/( BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board //Li ?1W. Webster, ha' rman BY: 1121/4 k. alia Deputy C erk to the Board Dale K. Hall, Pro- em//�(�J APPRO AS TO FORM: *� .e �J�JiA Geo e ,L� Baxter Ld oun y t or ey stance L. Harbert k � i t Barbara J. k y'r' of . 940998 Wit 13MI6 QUIT CLAIM DEED THIS DEED, made this /6' rSe day of ,c-,,,41,Oe4,_19 q'/ , between Weld County, Colorado, a body politic and corporate of the State of Colorado, of the first part, and the City of Evans, Colorado, a municipal corporation, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged,has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise,release,sell,convey and QUIT CLAIM unto the said party of the second part,its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: A strip of land fifty feet (50') in width across Lots 6 and 7, Block 173 in the Town of Evans, according to the recorded map or plat thereof, lying between lines parallel and distant at right angles respectively one hundred feet(100')and one hundred fifty feet(150')westerly from the center line of the main track of Union Pacific Railroad. Said strip of land to be used for public highway purposes. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto 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 said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and seal the day and year first above written. In Witness Whereof, I, William H. Webster, Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the /©lay of oa -c,,, — , 1994, have hereunto set my hand and affixed the seal of said County this /p --"It-day of eye,oft,,.t«, 1994, for the uses and purposes therein set forth. ATTEST: / ^' /4i// �J COUNTY OF WELD, STATE OF vj/ COLORADO, A BODY POLITIC AND CLERK TO BOARD,OF CORPORATE OF THE STATE OF COUNTY COMMISSIONERS COLORADO t e. •Deputy Cle c o e Board W. H. Webs er, hairman '413106 B-1465 P-436 10/28/94 03:54P PG 1 OF 2 REC DOC `dare Ann Feuerstein Weld Co. , Clerk & Recorder 0.00 STATE OF COLORADO ) ss. COUNTY OF WELD ) th The foregoing instrument was acknowledged before me this JD day of , 19 y41, by William H. Webster, as Chairman of the Board of County Commissioners of the County of Weld in the State of Colorado. (� Witness my hand and official seal this //0}� day of (9C&ha.ef?,D, 19 NY COMMISSION EXPIRES JAN. 1, 1996 0 � My commission expires: • y,teM <x� U gcdevans.gjb 2413106 3-1465 P-436 10/28/94 03:54P Po 2 OF 2 • nercS: cer►ity that the within 1:=tr`Wont is a true 3uplicete of the Original filed in my office. Wi►ness my hand and official seal this day of_ , 19 r2 el a r<<y crk 2n corder Weld County, Colorado By peouty AR2 4131[37 QUIT CLASNi DEED OPI3= S DEED, made this 3j - day of &Ja-t2 4-- , 19 O117 , between the County of Weld, a body politic and corporate of the State of Colorado, of the first part, and to the City of Evans, Colorado, a municipal corporation, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN DOLLARS ( $10. 00) , and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: All the part of Lot 9 , in Block 173, in the Town of Evans, Colorado; excluding therefrom a portion of said Lot 9 , Block 173, conveyed from Weld County, Colorado, to A. B. Carlson by Quit Claim Deed dated May 16, 1931, and recorded at Book 914, Page 356 in the office of the Weld County Clerk and Recorder on May 28 1931, being "all that part of Lot 9 , in Block 173, in the Town of Evans, lying west of a line 50 feet West of and parallel to the center line of the pavement of the state highway, measured at right angles to the center line of said highway. " TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto 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 said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. In Witness Whereof, I, William H. Webster, Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resol ion made by maid Board of County Commissioners on the , — day of ( , have hereunto set hand and affixeffil ple seal of said County this 3 day of (3T`fQ/iL�J , 19 Wk. , for the uses and purposes therein set forth. _41310- B-1465 P-43- 10/22/94 03:54P PG 1 OF 2 RFC DOC Mary Ann Feuerstein Weld Co. . Clerk & Recorder 0.00 ATTESTt ' COUNTY OF WELD, A BODY POLITIC CLERK APO THE"'s O Rp) F AND CORPORATE OF THE STATE OF COUNTiOMXI SSISJNS COLORADO 1 BY '/ fl4 j+ 2t,u ? BY: 4" \ / ( j` 7 /A., ) r Deputy 'e to the Board W. H. Webster, Chairman /0/0549 STATE OF COLORADO ) ss . County of Weld d The fore oing instrument was cknowledged before me this .3 ' day of ©c• is - , 19�j� , by William H. Webster, as Chairman of the Board of County Commissioners of the County of Weld in the State of Colorado. Witn:eOL my hand and official seal this 3 c(1- day of A.D. , 19 g ' V ` My -cpMmission expires : to - q -9 CV 9 . Orel QCCABL8.DB 2413107 B-1465 P-4'3' 10/28/94 03:54P PG 2 OF 2 here; certify that the within in:tr:=mcnt is a true duplicate of the Original filed in my office. Witness my hand and official seal this f/.-a'( day of bit za` , 19 9 /'raw el n y lerk and ,ecorder W County, Colorado By ��ti� )74—/e<'-- Deputy At2 4131U8 QUIT C2I,AJENI DEED1, THIS DEED, made this -- day of (.eilr'�.L^i , 194/ 1 between the County of Weld, a body politic and corporate of the State of Colorado, of the first part, and to the City of Evans, Colorado, a municipal corporation, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of TEN DOLLARS ( $10 . 00) , and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: All the part of Lot 8, in Block 173, in the Town of Evans, Colorado; excluding therefrom a portion of said Lot 8, Block 173, conveyed from Weld County, Colorado, to J. Clifford Carlson by Quit Claim Deed dated May 16, 1931, and recorded at Book 927, Page 480 in the office of the Weld County Clerk and Recorder on February 1, 1932 , being "all that part of Lot 8, in Block 173, in the Town of Evans, lying west of a line 50 feet West of and parallel to the center line of the pavement of the state highway, measured at right angles to the center line of said highway. " TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto 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 said party of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. In Witness Whereof, I, William H. Webster, Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by aid Board of C9tY Commissioners on the day of [ , 19W have,/hereunto set my h and affixe4 he seal of said County this da of (y(' an 19 VI/ for the uses and purposes therein set forth. 3413108 B-1465 P-438 10/28/94 03:55P PC, 1 OF 2 REC DOC 0.00 Mary Ann Feuerstein Weld Co. . Clerk & Recorder # : `. ATTEST:`;'! - COUNTY OF WELD, A BODY POLITIC CLERK R F AND CORPORATE OF THE STATE OF COUNT` IbI3S COLORADO BY: (1-%1 )se iUf _4" IUc BY: // / Deputy C14{k;tb the Board W. H. Webster, Chairman /045/g STATE OF COLORADO ) ss . County of Weld The foregoing instrument was acknowledged before me this en— day of C -\,.- , 19 q Y' , by William H. Webster, as Chairman of the Board of County Commissioners of the County of Weld inothe 4tate of Colorado. •....• ... With ngs- my hand and official seal this day of , A.D. , 194" w y tantnission expires : G, t( p qT 4-.4 fpF0) QCCARLB.DB 2413108 B-1465 P-438 10/28/94 03:55P PG 2 OF 2 • • i „ ;,.., cui.ify that within in trmcnt is a true duplicate of the Original filed in my office. Witness my hand and official seal this /—�� day of ;9 , 1Cati -A44fti r W ,riles nty Clerk We4d Celd County, Colorado rde�- �y aP-Aznt-A-L ---- Deputy r:r 4 Air� l' °� .. � .... ,�, ,. I , ., 0,. . k . .‘, . - _sr,. . „, r s, • [„FF' .A 1 - .r•;.f d r-a _ - itt. 'Ili i , Q • 3 l!!!,___,- p 440. 1 ir cji0999 • z .. Wii f : e � L. • L-- utR'ox� I TIOUES J T c # ter- . 940399 w BLOCK 173 ii 36:, sr re-r— (/octet O/.4) kt. //o w I/o' (L — / g�K /� o ,-,0 \..) \-' c-, 41:day f9 Rig ii /1 4 r... sk C 30/9,/ J fr'44 p 13 6 / uJ t /,2. 7 ... it g n ty Ia.:. /0 ) 1 , \d 37+WS P C 9ez.d<D) / n . / V \ fb!i( 4- 4/ \t/ / v cinia,s, 13-A i IscrtiThr, mEmoRAnDum Wi`,P Board of County Commissioners September 27, 1994 To Date Bruce T. Barker, Weld County Attorney COLORADO From Request to Convey Portions of Lots 8 and 9 , Block Subject173, City of Evans In late August, 1994 I was contacted by Mike Ramstack of Pro Realty, Inc . , regarding his desire to have portions of Lots 8 and 9 , Block 173, City of Evans, conveyed to his clients by Weld County. The portions of the lots which are at issue are high- lighted in yellow on the attached map. Weld County apparently obtained ownership of these portions of Lots 8 and 9, Block 173 by deeds in June, 1921 . Attached is a copy of a letter which I sent to Mike Smith, City Manager, City of Evans, asking him to determine whether or not the City of Evans needs the portions of Lots 8 and 9, Block 173 which Mr. Ramstack desires to have conveyed to his clients . These properties are located along what is known as "State Street" in the City of Evans . I spoke with Mr. Smith on September 22 , 1994 about my inquiry. He told me that the City of Evans does wish to have portions of Lots 8 and 9 , Block 173 for expanded rights-of-way at a later date. He suggested that I ask the Board of County Commissioners to convey these properties to the City of Evans and the City would then keep the portions it desires and vacate the rest. Apparently, Mr. Ramstack' s clients own the lots immediately to the west of Lots 8 and 9, Block 173 . Therefore, Mr. Smith believes that through the vacation process his clients will obtain their desired portions of these properties . A copy of a letter from Mr. Smith which explains Evan' s position is also attached. I have spoken with Mr. Ramstack about this proposal . He agrees to the procedure. I recommend that the Board of County Commissioners authorize he Chairman' s signature on the Quit Claim Dee s which I hav epa ed for these transfers . Bpe T. Barker Weld County Attorney Attachments BTB/db:evans8fi9 940 99 8 940966 ,�X � The ify of COLORADO , ', SEP 23 1994 September 22 , 1994 C LLD Bruce T. Barker A COUNTY RN EY'n r. Weld County Attorney P.O. Box 1948 Greeley, CO 80632 RE: Lots 8 and 9 , Block 173 , City. of Evans Dear Mr. Barker: In response to your letter of September 13 , 1994 in regard to the above referenced lots, City staff has researched the issue and has come to the following conclusions. It appears that State Street is currently located on a portion of the lots that are owned by Weld County. In addition, a number of utilities also appear to be crossing the land. Therefore, the City of Evans would like to recommend that the following procedures be implemented to clarify the situation and allow Mr. Ramstack and his client to make use of the adjoining property. 1) Weld County Quit Claims the lots to the City of Evans. 2) The City of Evans establishes and dedicates needed right of way. 3) The City of Evans Quit Claims excess land to adjoining property owners. If the City can be of further service or if you would like more information regarding this matter please contact me or Jim Hewitson, Director of Public Works at 339-3475 . Sincerely, 7.>):y„). ( J( m th City Manager pc; James L. Hewitson, P. E. , Director of Public Works 3700 Golden Street • Evans, Colorado 80620-2724 • 303-339-5344 , a 4 OFFICE OF COUNTY ATTORNE` PHONE(303)356-4000 439 P.O BOX P.O. BOX 194: GREELEY,COLORADO 8063. C. COLORADO September 13, 1994 Mr. Mike Smith, City Manager City of Evans 3700 Golden Street Evans , CO 80620 RE : Lots 8 and 9 , Block 173 , City of Evans Dear Mr. Smith: Mr. Mike Ramstack of Pro Realty, Inc . , has informed me of some problems he has encountered relative to Lots 8 and 9 , Block 173, City of Evans . Portions of those lots were transferred to Weld County, Colorado, in 1931 . Copies of the Quit Claim Deeds , title information, and a map showing the location of the subject portions of those lots are enclosed. It appears these portions of Lots 8 and 9 were conveyed to Weld County for the purpose of expanding what I believe is known as "State Street. " Weld County has no purpose for the lots at the present time. The question really is whether the properties are necessary for right-of-way purposes . Please inform me as to whether or not the City of Evans has any need for these portions of Lots 8 and 9 , Block 173 for right-of- way. If not, I will recommend to the Board of County Commissioners that it place the properties up for bid and convey them as fee interests ( in the same manner they were conveyed to Weld County) . Mr. Ramstack has informed me that he is anxious to conclude this matter. Therefore, I respectfully request that you contact me as soon as possible to let me know the position of the City of Evans relative to these properties . I may be reached at 356-4000, Extension 4390 . /ale y ruly B e T. BaLker Weld County Attorney Enclosures pc Mike Ramstack Hello