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HomeMy WebLinkAbout910058.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING PETITION TO VACATE RIGHT-OF-WAY IN W/2 NW/4 OF SECTIONS 24 AND 25, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6TH P. M. , WELL) COUNTY, COLORADO 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 petition from Northern Front Range Farms, Inc. , to vacate the county road right-of-way located in the W/2 NW/4 cf Sections 24 and 25, Township 8 North, Range 66 West of the 6th P.M. , Weld County, Colorado, with said right-of-way located 30 feet wide on either side of the section lines common to Sections 24 and 25, and WHEREAS, a Quit Claim Deed to the County of Weld was also submitted, for a1L that portion of Weld County Road 90 lying within its ownership, a copy of which is attached hereto and incorporated hereto as Exhibit "A", and WHEREAS, after study and review, the Board of County Commissioners wishes to continue this matter until the City of Thornton has acted on a request to vacate tl.e adjacent roadway. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the petition to vacate said county road right-of-way is hereby continued indefinitely. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of January, A.D. , 1991. � / /1 � j �� ///J BOARD OF COUNTY COMMISSIONERS ATTEST: i ,A ✓,'. C,,f��G.�, � WELD COUNTY RAD �'vi[.a ,:/ / 6 Weld County Clerk to the Board Gordo acy, a' n / i a By: eL ,{3F//,/,. / rs t ''C7 Cr Xi/ tea- Deputy Clerk to the Boar ( George Ke nedy, Pro-Tem { APPROVED AS FORM: �_Je—ati-eI/ C/�7 onstance L.Harbert. `� , (EXCUSED) County Attorney C. W. Kirby ti f17J 122) W. H. Webster 910058 r I I I� Ivmh;A . (rictr\.(f)YI 1I HIi ii?''N7 Iy“ ioi.li?':I' TRANSAM ERICA TITLE INSURANCE COMPANY January 15, 1991 Board of County Commissioners % Weld County Attorney' s Office 915 10th Street Greeley, CO 80631 Attn: Mr. Lee Morrison Dear Mr. Morrison Please consider this letter as our Petition to Vacate the county road right of way located in the W1/2 of Sections 24 and 25 , said right of way located 30 feet wide on either side of the section lines common to Sections 24 and 25 , in Township 8 North, Range 66 West of the 6th P.M. , Weld County, Colorado. This vacation would be exclusive of any portion of said right of way lying within the boundaries of existing County Road 90 . The undersigned, Northern Front Range Farms, Inc. , a Colorado corporation, is the fee owner of the land lying on either side of the right of way to be vacated. This right of way was established by Resolution recorded October 14, 1889 in Book 86 at Page 273, Weld County Records, but is not now, nor has it ever been, used as a county road. This right of way is not in use due to the existence of County Road 90 lying to the North. The vacation of this right of way would not affect the access of the owners, or any other owners, as access is currently being provided by County Road 90 . It is the belief of the undersigned that County Road 90 was intended to be constructed on the common section line, but was not due to surveying errors. This Petition to Vacate is being requested in accordance with Colorado Revised Statute 43-2-303. The undersigned hereby submits a quit claim deed to the County of Weld, State of Colorado, for all that portion of County Road 90 lying within its ownership, and delivers the same for acceptance and recording, subject to the vacation as requested hereby. 9100sa Reliance n u,i, ..n„,,,n,dd ,)• i „mptt January 15, 1991 Board of County Commissioners Page -2- The undersigned has also requested that the property owner to the North, the City of Thornton, executed a auit claim deed in favor of the County of Weld, State of Colorado, conveying any portion of County Road 90 lving within its ownership in Section 24, Township 8 North, Range 66 West of the 6th P.M. , Weld County, Colorado. Enclosed for your reference is a copy of Recorded Exemption No. 0553-25-2-RE 1294, recorded January 7, 1991 in Book 1286 as Reception No. 02237854, Weld County Records, and a copy of Improvement Location Certificate prepared by Charles B. Jones, Colorado Registered Professional Land Surveyor. These documents reflect the location o£ County Road 90, as the same currently exists, and of the right of way for county road as the same was established by Resolution recorded in 1889 . Sincere y, /ant ,`// / t Noi4hern Front LRange Farms, Inc. , a Colorado corporation cc City of Thornton City Manager/City Attorney III? inch:\.c. (pat Itv.(l1 YlhiI itl1.1Y ≥`Ri TRANSAMERICA TITLE INSURANCE COMPANY January 15, 1991 City Manager City of Thornton 9500 Civic Center Drive P. O. Box 291220 Thornton, CO 80229-1220 Attn: Mr. Jack Ethridge Dear Mr. Ethridge: In accordance with the request of Northern Front Range Farms, Inc. , a Colorado corporation, you recently executed a quit claim deed conveying that portion of the SW1/4 of Section 24, Township 8 North, Range 66 West of the 6th P.M. , Weld County, Colorado, lying Southerly of the centerline of Weld County Road #90. This deed became necessary due to the existence of the said Weld County Road #90 lying North of, instead of on, the common section line to Sections 24 and 25 in the Township and Range mentioned herein. This helped resolve the ownership problem created by the locatation of the road, but we have now encountered another problem as a result of the right of way for a county road on the section line, notwithstanding that it currently exists north of this location. We have requested Weld County to vacate the county road right of way which is not in use, due to the existence of County Road 90 in its current location. As requested by the Weld County Attorney's office, we have provided a quit claim deed to Weld County for that portion of County Road 90 lying within the ownership of Northern Front Range Farms, Inc. , as a part of our request to vacate the right of way not in use. By way of this letter, the undersigned would request that the City of Thornton provide a quit claim deed to Weld County, Colorado, conveying that portion of County Road 90 lying within its ownership. This will help establish record ownership of the road in favor of Weld County, Colorado, in addition to its perscriptive rights which currently exist. This will assist in the vacation being requested by Weld County, Colorado. (2) Reliance A Reliance Gmup Mdmp Cnm Nns • January 15, 1991 City of Thornton Page -2- We have included with this letter a copy of our Petition to Vacate the county road right of wav in accordance with Colorado Revised Statute 43-2-303. We have also included a copy of the fully executed quit claim deed from Northern Front Range Farms, Inc. , a Colorado corporation, to Weld County, Colorado, conveying Weld County Road 90. We understand from Mr. Brian Stokes, Assistant City Attorney, that this request may take as long as two months to accomplish. We would, however, appreciate anything you could do to comply with our request and assist in the vacation of this right of. way. We will be happy to provide any additional information which you might require in considering our request. Sincer ly, /y/}vi c�.lCJ.� _ .4717 NOrLhern Front Range Farms, Inc. , a Colorado corporation cc: City Attorney, Kevin Maggio Weld County Attorney' s Office Lee Morrison b lab lar t..211•21 U 1.4,1.1 :II +10.00 r/101 v( . :Ji ItI c. r }1111 Pan AN% C nnt.:n 1:.1.1. . NLroltori •Lto co. co Y'.• • 7IV = .. , RECORDED EIE T/ 3 t ... . t a,c a; • Port of IM Northws. Quarter of SeCllon 25 end pert•of M tadUeresl I1- 1 Quarter of Section 24 oh In Township II North, Reap ft Nat of tlla - _; .-- 6N, PAL, Mild County, Colorado. • - r 1 : 1. =. .rl..ed rr..rxlMe� c.i.f.Csriu. Mel U.N. 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Al Lot e o R -. n H O < S - Y e .c.••r M 13201 3 Norse 3•nlw! .t the reyont of our CI lint 1 ••earl•• •••.r.t• and r5.etr-ot..t Inn••t 7111.. 1t r••••rche•. nth "est..• •n •oo•t••t •••rlt• ant right.-et-wt art MR •bun h•rea.. According to Colors.. Irv, yet....ea oaoore gay t••el•etlN+bond y••t dal nit in this survey within throe pare•tW 1.•r<L•on.t son Oaten. b O "Ono ••t or attic. hens. yen OM ••1...R Ir W ey..t in sambas. *ore titan tab then otter to rte et the aorta note San •.ra. Pri/1.1FrT NO IQQ/1-R9 flATF. AIIQIIPT 104() }..°` \I( . Ya` l,./JryfFt L(5 e. }7.s• 94 T4, �` i S ,� .t. dcl ✓tl}7. �•S4/7., 1 1, 4., �...y%r SC4.-_,,ctY !'. S S -Y '? i +7•1`4 x,107, ! t. I.�,4F3 -'e3 • "'My f/1* r r< the st Sett of the t a the eartar MA) at a Se biswt ROMS NJ'�e� � (Nei. Tessr Worth. LL 1p Stet 151 th. late hlYOat (M) bet at -Won T. tjY• pr/ulpel later las IeY ache) -' (';.. Mw•Cur foa Souks.*Me-a a{ a1* m& rs- All that part of the Cast Walt of the Northwest taster In/t linAl1'feet ;WHO hMr fns LS 4M2 17 fee on 2694). all la W lattaw�slp Sint lll ot the North. A itist/rla1 Sea MI O1 47 tY SIola Principal Serlbsa lilt'1.h.1. Oa 7•q ba aoetalsa5 Vital W tOllarlhp e \ deadhe W rld perm& of I ~ All le the County of Stela. State of ColerW '▪ aS•atarti et the Suttee Corner cameo to Swum 32/it/]1/N. tove�t • • •e th. Rape w Iloot of the mesa PS. as.O.a.,tet Y a/e realer with • ■ ... T.11... plastic up with 80 )Male onrtlaes• W Se mts oarlrlY the Sala of and SIC/4 of said Section&4 u bearing South 1717.01•tut as Setaralaed by a Solar Observation on August 17. IltO sita all ether burlaps Contained herein relative thereto. the pouter Corner Comm ta Sections SC/51. o Twwalp t North. 4,ye 44 Mt of the Oth P.M. Sold aanr,tad by JO• of 1 2 a/0. 0.0. wleonlaad eteel Pip*Rita• J 1/P d/0aotdr 4)ulaa del stayad b per W lnetractlae and L.S. /230181 r Ifeet.pCa Soots 0797.01* bat *long the South line of eforueld Sel/4, I11LSt - ff feet. Ulan South orla•Jan feet, 042.43 tut, r _�ejr3 1111420•012[5 North 1r41•IJ• at. 42o. feet, Al T 7x005 North eria•l7•Rest. Ia...0O Iwt to a point w the centerline of the o onthtlM so10 Count? R*•d (s0) Ito, ng I tT the fo1IwIN ad Ill ��41 1 i Thalia alwq the ctnttrl ins of the emitting YU 10 1 Course W distance South 17•41.13• snot, 14.43.41 feet to the POINT Or •61a(t•C. 240783' 307•>,0l'( _ j L ap5[ Yt ra n Tiray _____________e . I• CNrlu S. Java• • Colorado Soylsbred Professional Land Surveyor. do J hereby certify to; • N<.t• Cwn..' Northern front Range 11.10, Inc., A Colored*Corporation w,lV3Y Ldl Seim. a Su be',Nl0IH 1200 Carwul Drive Suite 100 • S. Yt.2e 46 tlndsor, Colored° SOJJO n SIC that under ay personal supervision that ✓.t •A' *f this Recorded beaptlon i u1* revs. accur•t•ly •urveyad, that Iron ter• were coned or wt b Indicated no n 5 12008 11r•I Inrushand that the (overmaY plat as an ecurste representation thereof te No Mt of ry knowledge. Inforwtlw. belief. W la uy professional minlw. 1 further tttu that this urtlfluta done not emceed to say onaead portion or the ucceswtlwnd/or assigns of Norther, bent Rage Isms. Inc., a Colorado Charles S. Jones Colored° Registered {d•lOml n • a Land Surveyor /33Ota � • W. the ,Wr•IpW, being gu tt/the-e a la users la tN Of the above deacrlhy � parcel )o at(,Na.. .../„.,..p./� �. ulehan Sermon. . .0,4 r Rang. Parr. Ind. A colored*•Corporation N n.. Stat.lof colored* 1 �00 u.....v are 1 sal County of sold I The foregoing certificate w s •cLw M b ledgfwt w tale i'� It'll .tra ... . DSC witness my hand and 0••1. t' �f lllt^a.t Yity YAP .a epte'T c f n ...+Opt thy Commission [moires, y.t•O. ITII 3• • ••Sp * . ..... omen or Oun't OmOhi is•t CarVlraa al A rob plat b ..p a..apt•d s.Y Wn.••.n na f11Sro. • y Oeadestev. 25 . ttn t.........lee ..y. 4r ea / .. 'd1•a• -• ;ail a1 aI.4 d am•=-f .;- ... h F.I f.O and I 041s /• 7.1/ . . 1. F ,213.e lions 11/27 • ,�; `.-•has✓� Y.. IIii IC �: �t • . ,e.' .. -i. •• a�. •." SHEET 1 OF l • IMPROVEMENT LOCATION CERTIFICATE 17288 Weld County Road # 90 PROPERTY DESCRIPTION Lot 'A' of Recorded Exemption No. 0553-25-2-RE1294 being part of the Nest Half of the Northwest Quarter DA NN;) of Section 25, and part of the West Nalf of the Southwest Quarter (N4 SW4) of Section 24, all in Township Eight (el North, Range Sixty-six (66) West of the Sixth Principal Meridian (6th P.M.), Weld County, Colorado as recorded January 7, 1991 in Rook 1286, as Reception Number 02237854 of .),p. the records of the Weld County Clerk and Recorders. Doi h IMPROVEMENT LOCATION CERTIFICATE I hereby certify that this improvement location certificate was prepared for Onion Colcoy Sank of Greeley, Colorado. that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines. 1 further certify that the improvements on the above described parcel on this date, January 9. 1991, except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements <.•�. e'w.e...s. ?- on any an)oining premises, except as indicated, and that there is no apparent , ,P) n'ea /If Oaivir evidence or sign of any easement crossing or burdening any part of said parcel, except as noted. x:. Charles B. Jones '>< Zj098 ' Colorado Registered Prof sipoll /V/ Land Surveyor 122098 ']q� �,/•/ xmeea Pro)ect Number: 1991-1 IERTIFICATE OP FLOODWAY LOCATION at the atcve property lies within Zune 0 as defined by the Map Community Panel Number 080266 0350 C. effective date prepared by the Federal Emergency Management Agency. Zone D f undetermined, but possible, flocd hazards. JONES -WININGER Professional Surveyors, Inc 713 4th Street Greeley, Colorado 80631 EET I OF 1 (303) 352. 4700 ca.Tad..,atzra7?., p;n i,7... _Aeocv.....T A.,,.p r'...e 4,T;( "rood Js 7 ee.Ti./. e••r. T,.f re wef/n N/7't/'J3".F• �,CO.DO' —�rFi..l stied., W,a s; ��:Ids,� � L n"i.R La. E �_ J! tee..[J ._/ ter. l NY>•J>Oi'Iv p . � flq/l' di Rw/[test.. �� \` Qy Ria✓✓n.✓s e « `- Ry..f �ff0. �...,eb (i1' o, , ao ' ,J1!1%G2 CO 5lifr Nr�'FI( paw;Ad";1 /✓ ��\ " f,J-'o J V .iv „f 1-+ .o -,c1 0 .1 -- /,P N o p it=/vv' o.4..., 1 n h k \• 0 O • 0 ti lo S. a7'1/J3-W tzv.co' This is to certil Flood Insurance I Septester 28, 1982 is defined as "Try PROJECT NUMBER: I99/-/ DATE JANUARY 9, 1991 EXHIBIT "A" The W1/2 of the NW1/4 of Section 25, Township 8 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado; ALSO All that part of the E1/2 of the NW1/4 of Section 25 and that part of the SW1/4 of Section 24 , Township 8 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, as may be contained within the following described parcel of land: Beginning at the Section Corner common to Sections 23/24/25/26, Township 8 North, Range 66 West of the 6th P.M. , as monumented by a #4 rebar with broken yellow plastic cap with no legible markings, and considering the South line of the SW1/4 of said Section 24 as bearing South 87 degrees 37 minutes 01 seconds East as determined by a Solar Observation on August 17 , 1990 with all other bearings contained herein relative thereto. The Quarter Corner common to Sections 24/25, Township 8 North, Range 66 West of the 6th P.M. being monumented by 30" of 2 3/8" O.D. galvanized steel pipe with a 3 1/4" diameter aluminum cap stamped as per BLM instructions and L. S. /22098: THENCE South 87 degrees 37 minutes 01 seconds East along the South line of aforesaid SW1/4 , 1192 . 89 feet; THENCE South 02 degrees 18 minutes 27 seconds East, 942 . 45 feet; THENCE North 87 degrees 41 minutes 33 seconds East, 420. 00 feet; THENCE North 02 degrees 18 minutes 27 seconds West, 1040. 00 feet to a point on the centerline of the existing Weld County Road #90; THENCE along the centerline of the existing Weld County Road #90 by the following one course and distance; South 87 degrees 41 minutes 33 seconds West, 1608.89 feet to the Point of Beginning. - Recorded at o'clock Reception No. Recorder. QUIT CLAIM DEED THIS DEED, Made this 16th day of January , 1991 , between NORTHERN FRONT RANGE FARMS, INC. , a Colorado corporation of the 'County of Weld and State of Colorado, grantor(s), and WELD COUNTY, COLORADO, a body corporate and politic of the State of Colorado whose legal address is 915 10th Street, Greeley, CO of the County of Weld and State of Colorado, grantee(s), WITNESSETH,That the grantor(s), for and in consideration of the sum of one dollar and other good and valueable consideration 13,66 .4 the receipt and sufficiency of which is hereby acknowledged,haS remised,released,sold,conveyed and QUIT CLAIMED,and by these presents does remise, release, sell,convey and QUIT CLAIM unto the grantee(s), 1tS heirs,successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: The North 30 feet of that property described in attached Exhibit "A" incorporated herein by reference. also known by street and number as: 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 grantor(s),either in law or equity,to the only proper use, benefit and behoof of the grantee(s), 11S heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)ha S executed this deed on the date set forth above. ( \ L . . C c ! t11.t.v �� .� r �{`r v !•t. hr lu 1 , .11 l �.�. , } r STATE OF COLORADO, ss. County of Weld The foregoing instrument was acknowledged before me this 16th day of January , 19 91, by Robert E. Ehrlich as President for Northern Front Range Farms, Inc. , a Colorado corporation My commission expires February 17 , 19 91. Witness my hand and official seal. NoJry Publk `If in Denver, insert"City and." No.933.Rev.3.85. QUIT CLAIM DEED Bradford Publishing,5825 W.61h Ave.,Lakewood,CO 80214—(303)233-6900 12-87 �illl y, Hello