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.
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/ /1 � j �� ///J BOARD OF COUNTY COMMISSIONERS
ATTEST: i ,A ✓,'. C,,f��G.�, � WELD COUNTY RAD
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Weld County Clerk to the Board
Gordo acy, a' n
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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
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W. H. Webster
910058
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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
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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
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Port of IM Northws. Quarter of SeCllon 25 end pert•of M tadUeresl I1- 1
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_____________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
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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
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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
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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 ��
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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,
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