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RESOLUTION
RE: ACTION OF BOARD CONCERNING PETITION TO VACATE RIGHT-OF-WAY - NE 1/4
SW 1/4, S12, T5N, R65W
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, on the 9th day of January, 1995, the Board was presented with a petition to
vacate a Weld County road right-of-way, being more specifically described as follows:
A right-of-way approximately 50 -feet wide following
the general line of the south bank of the Platte River
in the NE 1/4 SW 1/4 of Section 12, Township 5
North, Range 65 West of the 6th P.M., and extending
from the west boundary line of said 40 -acre tract
northeasterly to the north boundary line of said
40 -acre tract.
WHEREAS, at said hearing on January 9, 1995, the Board deemed it advisable to continue
said matter to January 25, 1995, at 9:00 a.m., and
WHEREAS, at said hearing on January 25, 1995, the Board deemed it advisable to again
continue said matter to February 27, 1995, at 9:00 a.m., and
WHEREAS, at said hearing on February 27, 1995, the County Attorney advised the Board
that Dennis Hoshiko, President of Hoshiko Farms, Incorporated, and successor to William
Wickersham, who originally requested said vacation, has requested said matter be withdrawn, and
WHEREAS, the Board deemed it advisable to approve said request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the petition requesting the vacation of the above mentioned Weld County
road right-of-way be, and hereby is, withdrawn.
2431025 R-1484 P-196 03/21/95 04:41P PG 1 OF 2 RFC D0C
Weld County CO Clerk R Recorder 0.00
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950262
EG0033
ACTION OF BOARD - VACATION OF R -O -W S12, T5N, R65W
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of February, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
V\IE.LD COUNTY, COL RADQO
Dale K. Hall, Chairma
ATTEST:
Ia
Weld CoUnty Clerk to the %oard
BY.
Deputy Clerk Y h&Board
APP R.OklFrD AS TO FOR
W. H. Webster
FXCI isFn
Barba
. Kirkmeyer, pro -Tern
•
,George Er. Baxter
Constance L. Harbert,
2431025 8-1484 P-196 03/21/95 04:41P PG 2 OF 2
950262
EG0033
FEB 25 '95 22:40 NORTH WELD PRODIrc 3033566566 P.1
Hoshiko Farms
Incorporated
28607 weld County Road 50
Kersey, Colorado 80644
Phone (303) 330.8780
Fax (303) 330-1482
February 24, 1995
Mr. Bruce T. Barker
Weld County Attorney
P.O. Box 1948
Greeley, CO 80632
RE: Petition to vacate Right -of -Way - NE1/4 SWl/4 S12, T5N, R65W
Dear Mr. Barker:
This letter constitutes our written request that the Board of
County Commissioners of Weld County, Colorado discontinue all
actions concerning the subject petition.
If you have any questions regarding this matter, please contact
me.
incerely,
4
Dennis J. shako
President
cc: Clerk to Board of County Commissioners
FEB 25 '95 22:45
3033566566 PRGE.001
950262
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950252
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2. Any witnesses needed for rebuttal or impeachment
purposes.
3. Any witnesses listed or called by petitioners.
4. Norman L. Dalsted, Ph.D.
Extension Economist/Farm and Ranch Management Professor
Colorado State University
Fort Collins, Colorado 80523
To testify concerning Selected Crop Enterprise Budgets for
Colorado.
EXHIBITS
1. Any exhibits needed for rebuttal or impeachment
purposes.
2. Any exhibits listed or offered by petitioners.
3. Memorandum dated November 29, 1993 from Mr. Dennis
Hoshiko, Hoshiko Farms, Inc. to Mr. Rex Touslee, Colorado
Department of Transportation.
4. Letter dated January 31, 1994 from Dennis Hoshiko to Rex
Touslee.
5. Letter dated November 23, 1994 from Mr. R. Russell
Anson, attorney for Respondent to Mr. Thomas W. Gibb, Attorney for
the Petitioner.
6. Selected Crop Enterprise Budgets for Colorado published
by the Department of Agricultural and Resource Economics, Colorado
State University, for the years 1982 through 1991.
EXPERTS
1. Norman L. Dalsted, Ph.D.
DISCOVERY PLAN
None.
-3-
950252
NOTICE
Pursuant to Section 43-2-303, CRS, as amended, notice is hereby given that a hearing will be held
before the Board of County Commissioners of Weld County, Colorado, on the 9th day of January,
1995, at or about 9:00 a.m., in the First Floor Hearing Room, Weld County Centennial Center, 915
10th Street, Greeley, Colorado, at which time the Board will consider a petition to vacate a Weld
County road right-of-way, being more specifically described below. All interested persons should
appear at said hearing and give testimony as to whether or not said portion of said Weld County
road right-of-way should be vacated.
LEGAL DESCRIPTION:
A right-of-way approximately 50 feet wide following the general line
of the south bank of the Platte River in the Northeast Quarter of the
Southwest Quarter of Section 12, Township 5 North, Range 65 West
of the 6th P.M., and extending from the west boundary line of said
40 -acre tract northeasterly to the north boundary line of said 40 -acre
tract.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Carol A. Harding, Deputy
DATED: December 29, 1994
950252
1
COLORADO
D.P.G. Bird Farm, Inc.
12150 E. Briarwood, Suite 200
Englewood, CO 80111
Dear Sirs:
D"
II
CL'ER'ic
2: 53
December 27, 1994
OFFICE OF COUNTY ATTORNEI
PHONE (303) 356-4000 EXT. 439-
P.O. BOX 194£
GREELEY, COLORADO 8063:
RE: Petition for Vacation of Right -of -Way
The Board of County Commissioners of Weld County, Colorado, has received a Petition from
William Wickersham to vacate a road right-of-way located in the Northeast Quarter, Southwest
Quarter, Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado.
This right-of-way was conveyed to Weld County by Helen Patton in 1935 by deed recorded at Book
977, Reception 712060 in the office of the Weld County Clerk and Recorder. A copy of the deed
is enclosed. The right-of-way is shown in yellow on the enclosed map.
The right-of-way in question appears to have been conveyed to Weld County along with other rights -
of -way to give the Boy Scouts access to property located within the floodway of the South Platte
River commonly known as "Scout Island." By Resolutions approved by the Board of County
Commissioners in September, 1990 and January, 1991, the majority of the roadway to Scout Island
was either vacated or sold. The right-of-way described above was not vacated. Those portions of
the roadway which were vacated or sold are marked in blue on the enclosed map.
Please be advised that the Board of County Commissioners of Weld County will consider a
Resolution to vacate the above -referenced road right-of-way at its regularly scheduled board meeting
at 9 a.m. on Monday, January 9, 1995. The meeting will take place in the Board's first floor meeting
room, 915 Tenth Street, Greeley, Colorado. Please plan to attend the meeting if you desire to offer
any testimony regarding the proposed vacation of the right-of-way. If you wish to provide your
comments to the Board of County Commissioners in writing, please do so by writing to the Board
at P.O. Box 758, Greeley, Colorado 80632.
950047
Lori j I/a PS
950252
D.P.G. Bird Farm, Inc.
Page 2
December 27, 1994
If you have any questions regarding the proposed vacation, please feel free to call me at (303)
356-4000, Extension 4390.
Very truly yours,
Bruce T. Barker
Weld County Attorney
BTB/gb:wickersham
Enclosure
pc George Cicoff
Clerk to the Board
9502S2
COLORADO
r.
Hoshiko Farms
28607 WCR 50
Kersey, CO 80644
Dear Sirs:
r! 9: 53
December 27, 1994
OFFICE OF COUNTY ATTORNE
PHONE (303) 356-4000 EXT. 439
P.O. BOX 194
GREELEY, COLORADO 806:
RE: Petition for Vacation of Right -of -Way
The Board of County Commissioners of Weld County, Colorado, has received a Petition from
William Wickersham to vacate a road right-of-way located in the Northeast Quarter, Southwest
Quarter, Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado.
This right-of-way was conveyed to Weld County by Helen Patton in 1935 by deed recorded at Book
977, Reception 712060 in the office of the Weld County Clerk and Recorder. A copy of the deed
is enclosed. The right-of-way is shown in yellow on the enclosed map.
The right-of-way in question appears to have been conveyed to Weld County along with other rights -
of -way to give the Boy Scouts access to property located within the floodway of the South Platte
River commonly known as "Scout Island." By Resolutions approved by the Board of County
Commissioners in September, 1990 and January, 1991, the majority of the roadway to Scout Island
was either vacated or sold. The right-of-way described above was not vacated. Those portions of
the roadway which were vacated or sold are marked in blue on the enclosed map.
Please be advised that the Board of County Commissioners of Weld County will consider a
Resolution to vacate the above -referenced road right-of-way at its regularly scheduled board meeting
at 9 a.m. on Monday, January 9, 1995. The meeting will take place in the Board's first floor meeting
room, 915 Tenth Street, Greeley, Colorado. Please plan to attend the meeting if you desire to offer
any testimony regarding the proposed vacation of the right-of-way. If you wish to provide your
comments to the Board of County Commissioners in writing, please do so by writing to the Board
at P.O. Box 758, Greeley, Colorado 80632.
950252
Hoshiko Farms
Page 2
December 27, 1994
If you have any questions regarding the proposed vacation, please feel free to call me at (303)
356-4000, Extension 4390.
Very truly yours,
ruce T. Barker
Weld County Attorney
BTB/gb:wickersham
Enclosure
pc George Cicoff
Clerk to the Board
9502'2
t‘s :11O4
IIIlk.
COLORADO
Mr. William Wickersham
3908 Wood Meadow Drive
Bryan, TX 77802
OFFICE OF COUNTY ATTORNEY
PHONE (303) 356-4000 EXT. 4391
P.O. BOX 1948
GREELEY, COLORADO 80632
December 27, 1994
RE: Petition for Vacation of Right -of -Way
Dear Mr. Wickersham:
The Board of County Commissioners of Weld County, Colorado. has received a Petition from
William Wickersham to vacate a road right-of-way located in the Northeast Quarter, Southwest
Quarter, Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado.
This right-of-way was conveyed to Weld County by Helen Patton in 1935 by deed recorded at Book
977, Reception 712060 in the office of the Weld County Clerk and Recorder. A copy of the deed
is enclosed. The right-of-way is shown in yellow on the enclosed map.
The right-of-way in question appears to have been conveyed to Weld County along with other rights -
of -way to give the Boy Scouts access to property located within the floodway of the South Platte
River commonly known as "Scout Island." By Resolutions approved by the Board of County
Commissioners in September, 1990 and January, 1991, the majority of the roadway to Scout Island
was either vacated or sold. The right-of-way described above was not vacated. Those portions of
the roadway which were vacated or sold are marked in blue on the enclosed map.
Please be advised that the Board of County Commissioners of Weld County will consider a
Resolution to vacate the above -referenced road right-of-way at its regularly scheduled board meeting
at 9 a.m. on Monday, January 9, 1995. The meeting will take place in the Board's first floor meeting
room, 915 Tenth Street, Greeley, Colorado. Please plan to attend the meeting if you desire to offer
any testimony regarding the proposed vacation of the right-of-way. If you wish to provide your
comments to the Board of County Commissioners in writing, please do so by writing to the Board
at P.O. Box 758, Greeley, Colorado 80632.
950252
Mr. William Wickersham
Page 2
December 27, 1994
If you have any questions regarding the proposed vacation, please feel free to call me at (303)
356-4000, Extension 4390.
Very truly yours,
uce T. Barker
Weld County Attorney
BTB/gb:wickersham
Enclosure
pc George Cicoff
Clerk to the Board
950252
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