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RESOLUTION
RE: APPROVE VACATION OF PORTION OF WELD COUNTY ROAD 55
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, in 1994, the Colorado Department of Transportation made substantial
improvements to a portion of U.S. Highway 34, east of Kersey, Colorado, which then left a
portion of Weld County Road ("WCR") 55 unnecessary for inclusion in the Weld County
Secondary Road System, and
WHEREAS, the Public Works Department has recommended the vacation of that
portion of said WCR 55 which is located between WCR 56 and U.S. Highway 34, and which is
shown in the attached Exhibit "A," and
WHEREAS, by notice dated October 17, 1997, and mailed on that date, the adjoining
landowners were notified by the Clerk to the Board of a public hearing set for October 27, 1997,
to consider said recommended vacation, in accordance with the requirements of C.R.S.
§ 43-2-303(2)(b), of said portion of WCR 55, and
WHEREAS, the Board of County Commissioners convened said public hearing on
October 27, 1997, and heard testimony and reviewed all other evidence presented therein by
staff and the public, and
WHEREAS, the evidence showed that the vacation of said portion of WCR 55 will not
leave any land adjoining the roadway without an established public road or private access
easement connecting the land with another established public road, and
WHEREAS, the Board of County Commissioners now deems it advisable to vacate said
portion of WCR 55, with said vacation to become effective upon recording of this Resolution as
required below.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the portion of Weld County Road 55 which is located between
WCR 56 and U.S. Highway 34, and which is shown in the attached Exhibit "A," be, and hereby
is, vacated, with said vacation being effective upon the recording of this Resolution.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to record this Resolution in the records of the Weld County Clerk and Recorder, but
not until after one of the following occurrances:
2578912 B-1635 P-16 11/13/1997 10:42A PG 1 OF 3 REC DOC
Weld County CO JA Suki Tsukamoto Clerk & Rec .dor 0.00
972335
EG0036
RE: APPROVE VACATION OF A PORTION OF WCR 55
PAGE 2
(A) The receipt of a signed hold harmless agreement by Dennis Hoshiko and Allen
Iwata for the benefit of Weld County, covering work to be performed by Weld
County in digging a ditch to direct water northward along the west side of the
roadway to be vacated by this Resolution, and the completion of said work by
Weld County; or
(B) Upon receiving information that either Mr. Hoshiko or Mr. Iwata, or both,
do not intend to execute the hold harmless agreement as referred to in
paragraph (A), above, or December 31, 1997, if no information regarding the
hold harmless agreement is received, whichever occurs sooner.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of October, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
ATTES
Weld
BY:
Deputy
oard
APPR• - = S TO FORM:
Attorney
WELD UNTY,CO ADO
Chai
rman
irman
. Baxter,
Dale K. Hall
EXCUSED DATE OF SIGNING
Barbara J. Kirkmeyer
W. H. ester
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(AYE)
972335
EG0036
2578912 B-1635 P-16 11/13/1997 10:42A PG 3 OF 3
4x:
WII'De.
COLORADO
CERTIFIED MAIL
Eleanore E. Kohler
P.O. Box 6
Kersey, CO 80644
Platte Valley School District RE -7
P.O. Box 485
Kersey, CO 80644
October 17, 1997
WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
P.O. BOX 1948
FAX: (970) 352-0242
915 TENTH STREET
GREELEY, COLORADO 80632
Writer's Ext.: 4395
Hoshiko Bright
c/o June Iwata
P.O. Box 281767
San Francisco, CA 91248-1767
Dennis Hoshiko
1811 38th Avenue
Greeley, CO 80634
RE: Hearing for Vacation of a Portion of Weld
County Road 55, Lying South of WCR 56 and
North of U.S. Highway 34
Dear Property Owner or Occupant:
On Monday, October 27, 1997, the Board of County Commissioners will consider the recommendation
of the Weld County Public Works Department to vacate that portion of Weld County Road ("WCR") 55,
between WCR 56 and U.S. Highway 34. This stretch of WCR 55 is no longer necessary for the Weld
County public road system because of improvements made to U.S. Highway 34 in the past three years.
The portion of the roadway intended for vacation is shown on the enclosed map, highlighted in yellow.
The Board of County Commissioners hearing on the vacation will take place at its regularly scheduled
Board meeting at 9:00 a.m. in the Board's first floor meeting room, Weld Centennial Center Complex,
915 Tenth Street, Greeley, Colorado. You may give testimony to the Board regarding the requested
vacation at that time.
If you should have any questions regarding this letter or the enclosed, please feel free to call me at (970)
356-4000, extension 4390.
BTB/db:Let/WCR55
Enclosure
pc: Dave Becker
Drew Scheltinga
Connie Harbert
Sincerely,
Bruce T. Barker
Weld County Attorney
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