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Home My WebLink About930127.tiff n RESOLUTION A132.40.1JSl3 RE: VACATION OF PORTION OF WELD COUNTY ROAD 23, SOUTH OF WELD COUNTY ROAD 18 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado Statutes and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, § 43-2-303, C.R.S. , allows the Board of County Commissioners to vacate any roadway or any part thereof located entirely within the County if such roadway is not within the limits of any city or town, and WHEREAS, in the Fall of 1991 the Weld County Road and Bridge Department straightened Weld County Road 23, south of Weld County Road 18, so that it is now entirely within the previously reserved road right-of-way being 30 feet on either side of the section line between Sections 25 and 26, Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, said straightening of said portion of Weld County Road 23 has left a triangular-shaped property of roadway vacant and unused for roadway purposes, and WHEREAS, the Public Service Company of Colorado has requested that the triangular-shaped property be vacated, reserving, however, a right-of-way or easement for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances, and WHEREAS, after due consideration and deliberation, the Board of County Commissioners now deems it desirable to vacate said triangular-shaped property which is located on the east side of the now existing road right-of-way for Weld County Road 23, and which property is generally described in the attached Exhibit "A", with the reservations mentioned. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado that it now vacates the property which is described in the attached Exhibit "A", reserving, however, a right-of-way or easement for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances, as authorized pursuant to § 43-2- 303(3) , C.R.S. 930127 B 1370 REC 02321558 02/11/93 15:47 $0 .00 1/003 F 0999 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EGOOO2 ex: ` .3 (i KC cj, Cam. VACATE WELD COUNTY ROAD 23 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of February, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: PL COUNTY, COLORADO Weld County Clerk to th Board WEL � �.r<rv3�` '"��f�^.uf Constance L. arbert,e {/� Chairman BY: Nit 6 2 Qn Deputy er `f* the Bow" W. H. bster, Pro- em hl� APPROVED ASS, p l a. 27 -� . V4 eorge . Baxte County"Attorney Dal K. 'Hal-,l Barbara J. Kirkmeyer B 1370 REC 02321558 02/11/93 15:47 $0.00 2/003 F 1000 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930127 PROPERTY DESCRIPTION Vacation of Weld County Road #23 Right-Of-Way All that part of the Right-Of-Way (ROW) of Weld County Road (WCR) #23 as contained within the Northwest Quarter (NW1/4) of Section Twenty-five (25), Township Two (2)North, Range Sixty-seven (67) West of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado lying East and South of the following described line: BEGINNING at the Quarter Corner common to Sections 25/26-T.2N.-R.67W. as monumented by a found BLM monument and considering the West line of the said NW1/4 to bear North 00°28' East as indicated on the Dependent Resurvey of part of this township as performed by the Bureau of Land Management (BLM), approved and dated September 16, 1953 with all other bearings contained herein relative thereto: #1: THENCE South 89°28'30" East a distance of 30.00 feet to a point on the Easterly ROW line of WCR #23. Said point being the TRUE POINT OF BEGINNING of said line description: #2: THENCE North 00°28' East along a line parallel with and Thirty feet (30') Easterly of as measured at right angles to the West line of said NW1/4 a distance of 1604.71 feet to the point of intersection with the Southerly ROW line of the existing WCR #18; THENCE along the Southerly ROW line of the existing WCR #18 by the following two (2) courses and distances: #3: South 80°59'22" East a distance of 37.76 feet; #4: South 83°11'01" East a distance of 201.55 feet to the TERMINUS POINT of said line description. SURVEYOR'S CERTIFICATE I, Charles B. Jones, a Colorado Registered Professional Land Surveyor, do hereby state that this Property Description was prepared under my personal supervision and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. at .. ' Charles B. Jones ; "`' % ' . / / 9 93 2209 7 Colorado Registered P onal vi i 1 / Land Surveyor #22098 AL LAO JONES - WININGER Professional Surveyors, Inc. 713 4th Street EXHIBIT "A" 930127 Greeley, Colorado 80631 (303) 352-4700 B 1370 REC 02321558 02/11/93 15 :47 $0.00 3/003 o inn.' M7DV SMM FRiiWRSTF.TN rT.F.RK F PP.rnRnp.R WRT.T) rn . co fits mEmORAnDUm Board of County Commissioners February 1, 1993 To Date Bruce T. Barker, Assistant County Attorney COLORADO From SubiOtYacation of a Portion of the Right-of-Way of WCR 23, Immediately South of WCR 18 In the Fall of 1991, the Weld County Road and Bridge Department straightened the roadway for Weld County Road 23, as it proceeds north toward its intersection with WCR 18. The realignment placed the roadway 30' on either side of the section line between Sections 25 and 26, T2N, R67W. In the process of the realignment, the roadway was moved to the west approximately 50' at its intersection with WCR 18. This then created a small triangle of property which the County is no longer in need of. Attached is a copy of a letter dated July 2, 1992 and a Work Session Request dated August 28, 1992 regarding the vacation of this triangle property. The Public Service Company of Colorado desires to have the triangle vacated. I recommend that the Board vacate the triangle area. It provides no benefit to the County. The triangle area is described in the attached legal description produced by Chuck Jones, Surveyor for Weld County. BTB/gb:wcr2318 Attachments 930127 erN BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST DEPARTMENT: COUNTY ATTORNEY DATE: August 28, 1992 PERSON REQUESTING: Bruce T. Barker, Assistant Weld County Attorney Brief description of the problem/issue: Attached please find a copy of a letter which was sent to me by the Public Service Company of Colorado regarding Weld County Road 23, south of WCR 18 . Also attached is a copy of a map which shows the roadway prior to its being realigned along the section line. George Goodell straightened the roadway in the fall of 1991. Mr. Robert Stamm was very upset about the roadway realignment at that time. Mr. Stamm and his wife own the property located on the southwest corner of that intersection. Mr. Stamm' s concern didn't make any sense at the time, given that the realignment of the roadway provided him with additional area for pasture. George even went so far as to move the fence for Mr. Stamm. The Public Service Company would like the County to vacate that portion of the old roadway which is east of the realignment. In the process, however, Public Service would like the County to reserve rights-of-way for gas, electric, and telephone lines which are currently located beneath the old roadway. I have asked Chuck Jones to provide us with a description of the triangle shaped area which will be vacated. It should not take much time, effort, or expense for him to do the work, because he performed some of the surveying work when the realignment took place back in 1991 . What options exist for the Board? The Board has two options : A. Vacate the portion of the old roadway which is off of the realigned right-of-way. B. Don't vacate the old roadway. Recommendation to the Board: I recommend that the Board put the matter on the agenda to consider • the vacation. I also recommend that the Board approve the vacation. 33012'7' O Public Service® Public Service Company of Colorado 2701 W.7th Avenue Denver,CO 80204-4114 July 2 , 1992 Bruce Barker 1!\ \I JUL U 1992 �u Assistant Weld County Attorney ,!i\i ' P.O. Box 1948 LD Greeley, CO 80632 YS OrFICE ATTORNE 'ti Cr. Re: Weld County Road 23 Mr. Barker: As per our conversation we would like to request that Weld County proceed with the vacation of that portion of Weld County Road 23 which was relocated South of Weld County Road 18 approximately 1600 feet in length. Also as you are aware, we have existing facilities within this area and would like Weld County to maintain reservation for these utilities. If you have any further questions or comments, my number is 571- 3522 . 44-a-Cge% Edward M. Barella Right of Way Agent EMB: lm 92012'7' PROPERTY DESCRIPTION Vacation of Weld County Road #23 Right-Of-Way All that part of the Right-Of-Way (ROW) of Weld County Road (WCR) #23 as contained within the Northwest Quarter (NW1/4) of Section Twenty-five (25), Township Two (2)North, Range Sixty-seven (67) West of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado lying East and South of the following described line: BEGINNING at the Quarter Corner common to Sections 25/26-T.2N.-R.67W. as monumented by a found BLM monument and considering the West line of the said NW1/4 to bear North 00°28' East as indicated on the Dependent Resurvey of part of this township as performed by the Bureau of Land Management (BLM), approved and dated September 16, 1953 with all other bearings contained herein relative thereto: #1: THENCE South 89°28'30" East a distance of 30.00 feet to a point on the Easterly ROW line of WCR #23. Said point being the TRUE POINT OF BEGINNING of said line description: #2: THENCE North 00°28' East along a line parallel with and Thirty feet (30') Easterly of as measured at right angles to the West line of said NW1/4 a distance of 1604.71 feet to the point of intersection with the Southerly ROW line of the existing WCR #18; THENCE along the Southerly ROW line of the existing WCR #18 by the following two (2) courses and distances: #3: South 80°59'22" East a distance of 37.76 feet; #4: South 83°11'01" East a distance of 201.55 feet to the TERMINUS POINT of said line description. SURVEYOR'S CERTIFICATE I, Charles B. Jones, a Colorado Registered Professional Land Surveyor, do hereby state that this Property Description was prepared under my personal supervision and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. REGis en Charles B. 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