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RESOLUTION
AR247E3771
RE: VACATION OF PORTION OF WELD COUNTY ROAD 98 AT INTERSECTION WITH WELD
COUNTY ROAD 129 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
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, by Resolution dated December 4, 1995, the Board accepted a Grant of Public
Road Easement to the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, from the U.S. Forest
Service, Department of Agriculture, and referred same to the Public Works Department, and
WHEREAS, said easement concerns the realignment of the intersection at Weld County
Roads 98 and 129, on the Pawnee National Grassland in Section 3, Township 8 North, Range 58
West of the 6th P.M., Weld County, Colorado, and
WHEREAS,with the completion of the realignment of said intersection, there were portions
of Weld County Road 98 at its intersection with Weld County Road 129 which are no longer
necessary and may be vacated, said portions being described in the attached Exhibits "1" and "2"
and shown on the plat, which is attached as Exhibit "3", as Parcels "A" and "B" and shown in yellow
and blue, respectively, and
WHEREAS, on January 22, 1996, the Board of County Commissioners considered the
vacation of said portions, heard all of the testimony and statements of those present, studied the
recommendations of the Weld County Attorney and the Weld County Engineer and all of the exhibits
and evidence presented in this matter and, having been fully informed, deemed it advisable to vacate
said portions as designated on the attached plat, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that those portions of Weld County Road 98 at its intersection with Weld County
Road 129, which are described in the attached Exhibits "1" and "2" and shown on the attached
Exhibit "3" as Parcels "A" and "B", be, and hereby are, vacated.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any and all necessary documents pertaining to said vacation.
2478771 B-1535 P-123 03/01/96 12:57P PG 1 OF 2 REC DOC 960096
Weld County CO Clerk & Recorder 0.00 EG0035
pa: /zsNJ Val/gfl-cf 5J L )t pt.,?
VACATION OF PORTIONS OF WCR 98 AT INTERSECTION WITH WCR 129
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of January, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
S /glia44yM9 zr 1fr�f�IC'. )i,�,, Barbar J. Kirkmeyer, hair .�1
L 'E`'y 11 ri ou y Clerk to the Board ' %t,_2
9
(O',„\-,,,F.:),/
Q O�y ekite,Baxter, Pro Tem
Y'� 11 --- •
eputy Clerk the Board
Dale K. Hall
APPROVED AS TO FORM: , 6//2 . r��- as/b.-/t
Constance L. Harbert
unty Atfo4 / — P /� �. 1.y^� 1
W. H Webster
2478771 B-1535 P-123 03/01/96 12:57P PG 2 OF 2
960096
EG0035
AR2475594
QUIT CLAIM DEED
THIS DEED is made this a day of ✓�frU , 1996, between Weld County,
Colorado, a body politic and corporate of the State of Cold{ado of the first part, and to the United
States of America, do Pawnee National Grassland, 660 O Street, Greeley, Colorado 80631, of the
second part.
WITNESSETH,that the said party of the first part,for good and valuable consideration,to
the said party of the first part in hand paid by the said party of the second part,the receipt whereof
is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT
CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the
said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest,
claim and demand which the said party of the first part has in and to the following described lots or
parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit:
A parcel of land being more particularly described in the attached
Exhibit"A".
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 said party of the first part, either in law or equity, to the only
proper use, benefit and behoof of the said party of the second part, heirs and assigns forever.
IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and seal
the day and year first above written.
IN WITNESS WHEREOF, I, Barbara J. Kirkmeyer, Chair of the Board of County
Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue
of the Order conta ned in the Resolution made by said Board of County Commissioners on the
day of j&na 4rzy , 19 9c, ,have hereunto set my hand and affixed the seal of
said County this 2Ji.-2d d y of n u&r y! , 19 /v , for the uses and purposes therein
set forth. Awe
o
T: Ma a% COUNTY OF WELD, STATE OF
COLORADO, A BODY POLITIC AND
f � CORPORATE OF THE STATE OF
COMMISSIONERS e,- O THE BOARD OF
ise� '{r O}r� COLORADO
t.d ,),1.1�
•
airpe\ BY:
Deputy C14 to the Board Barbara J. Kirkmeyer, Chair,
Board of County Commissioners of the
County of Weld
STATE OF COLORADO )
County of Weld ) ss.
) • 111
The foregoing instrument was acknowledged before me this day of
, 19 %, by Barbara J. Kirkmeyer, as Chair of the Board of County
C issioners the County of Weld, a body corporate and politic of the State of Colorado.
Witness my hand and official seal this day of A.D., 19
Nolaiy P blic
MY c expires:
Y
MY �Af1>11.:,Y,y •a9 .f;_.i
ib, 9
2475594 B-1531 P-448 02/08/96 01:43P PG 1 OF 2 REC DOC 960096
Weld County CO Clerk & Recorder 0.00
PROPERTY DESCRIPTION
Parcel "A"
A parcel of land being part of of the Southwest Quarter (SW1/4) of Section Thirty-four
(34), Township Nine North (T.9N.),Range Fifty-eight West (R.58W.) of the Sixth Principal
Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly
described as follows;
BEGINNING at the Closing Section Corner common to Sections 3/4-T.8N.-R.58W. as
monumented by a found 2" Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey
1917 with the Closing Section Corner common to Sections 2/3-T.8N.-R.58W. as
monumented by a found 2"Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey
1917 to bear North 89°28'00"East, as reported within the GLO 1917 Dependent Resurvey,
a distance of 5206.87 feet (Recorded 5208.72 feet) with all other bearings contained herein
relative thereto:
#1: THENCE North 89°28'00" East along the South line of said Section 34 a distance
of 948.48 feet to the point of intersection with the Easterly Right-Of-Way (ROW)
line of the existing Weld County Road (WCR) #129. Said point being the TRUE
POINT OF BEGINNING:
#2: THENCE North 45°17'01"West along said Easterly ROW line a distance of 42.24
feet to the point of intersection with the Northerly ROW line of WCR #98;
#3: THENCE North 89°28'00"East along said Northerly ROW line a distance of 219.06
feet;
#4: THENCE South 44°42'59"West a distance of 42.61 feet to a point on the South line
of said Section 34;
#5: THENCE South 89°28'00"West along said South line a distance of 159.06 feet to the
TRUE POINT OF BEGINNING.
Said described parcel of land contains 5,672 Square Feet (±), or 0.139 Acres (±), and is
subject to any rights-of-way or other easements as granted or reserved by instruments of
record or as now existing on said described parcel of land.
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.
• EGIsre
Charles B. Jones Or. Q
•
Colorado Registered Professional -.Ler
o ' • o
Land Surveyor #22098 �s •,.. .-•°•R )'
y 'PO() LA,tO S J•�
KING SURVEYORS,INC.
1200 W. Ash Street, Suite C
Windsor, Colorado 80550
(303) 686-5011
Project Number: 95026
2475594 B-1531 P-448 02/08/96 01:43P PG 2 OF 2
EXHIBIT "A"
960096
A r2.e47554J
QUIT CLAIM DEED
THIS DEED is made this o2?vld day of .%r zt 2'# , 19%, between Weld County,
Colorado, a body politic and corporate of the State of Colorado of the first part, and to Doris
Vangraefschepe, P.O. Box 139,New Raymer, Colorado 80742, of the se: r1 part.
WITNESSETH,that the said party of the first part, for in consideratin of good and valuable
consideration, to the said party of the first part in hand paid by the said party of the second part,the
receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and
QUIT CLAIMED,and by these presents does remise,release, sell,convey and QUIT CLAIM unto
the said party of the second part, its heirs, successors and assigns, forever,all the right,title, interest,
claim and demand which the said party of the first part has in and to the following described lots or
parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit:
A parcel of land being more particularly described in the attached
Exhibit "A".
TO HAVE AND TO HOI;P ti,.r same, together with all and singular the a.:ourtenances and
privileges thereunto belonging r, e thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only
proper use, benefit and behoof of the said party of the second part, heirs and assigns forever.
IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and seal
the day and year first above written.
IN WITNESS WHEREOF, I, Barbara J. Kirkmeyer, Chair of the Board of County
Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue
of the Resolution to vacate that portion of WCR 98 which is described in the 7 t''"hed Exhibit"A",
made by said Board of County Commissioners on the 22nd day of Jiy.. nave hereunto set
my hand and affixed the seal of said County this . dnd day of Lit,_ ca r9 , 1996 , for
— the uses and purposes therein set forth. O
��( �Li 4 T: COUNTY OF WELD, A BODY POLITIC
ell ��" �' AND CORPORATE OF THE STATE OF
1 �,.
' gaJIP O THE BOARD OF COLORADO
(,r;-)yCO COMMISSIONERS
v '1 % 'a, kl b BY: r=J , t c.,:, . ., , . / - ',..
Deputy Clerk o the Board Barbara J Kirkmeyer, Chair Of
Board of County Commissioners of the
County of Weld
STATE OF COLORADO )
County of Weld ) ss.
)
The foregoing instrument was acknowledged before me ft , ,26211--4 day of
In
na a tu/"
,_ , 19 9 . , by Barbara J. Kirkmeyer, as Chair of :ne Board of County
Co issipYters:61 the County of Weld, a body corporate and politic of the State of Colorado.
J S h xU.'.. �ai tti /
'1grtnegs my hand and official seal this —day of �c . A.D., 19 q�
VGic tr) '
•i } ,
Notafy Pu lic
My commission expires:
MY COM9"11SS:Ji! E'•P,I,LS
JANUARY 10, 1999
2475595 B-1531 P-449 02/08/96 01:44P PG 1 OF 2 pCOO DOC
Weld County CO Clerk & Recorder 960096
PROPERTY DESCRIPTION
Parcel "B"
A parcel of land being part of Lot Four (4) of Section Three (3), Township Eight North
(T.8N.),Range Fifty-eight West (R.58W.) of the Sixth Principal Meridian (6th P.M.),County
of Weld, State of Colorado and being more particularly described as follows;
BEGINNING at the Closing Section Corner common to Sections 3/4-T.8N.-R.58W. as
monumented by a found 2" Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey
1917 with the Closing Section Corner common to Sections 2/3-T.8N.-R.58W. as
monumented by a found 2" Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey
1917 to bear North 89°28'00"East. as reported within the GLO 1917 Dependent Resurvey,
a distance of 5206.87 feet (Recorded 5208.72 feet) with all other bearings contained herein
relative thereto:
#1: THENCE North 89°28'00"East along the North line of said Section 3 a distance of
948.48 feet to the point of intersection with the Easterly Right-Of-Way (ROW) line
of the existing Weld County Road (NCR) #129. Said point being the TRUE POINT
OF BEGINNING:
#2: THENCE continuing North 89°28'00"East along said North line a distance of 159.06
feet;
#3: THENCE South 44°42'59"West a distance of 42.61 feet to a point on the Southerly
ROW line of WCR #98;
#4: THENCE South 89°28'00"West along said Southerly ROW line a distance of 99.06
feet to a point on the existing Easterly ROW line of said WCR #129;
#5: THENCE North 45°1T01 "West along said Easterly ROW line a distance of 42.24
feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 3,872 Square Feet (±), or 0.089 Acres (±), and is
subject to any rights-of-way or other easements as granted or reserved by instruments of
record or as now existing on said described parcel of land.
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.
0 REGIS/.
/g7- ' ' • fCi
Charles B. Jones / n / 9lJ
Colorado Registered Professional A c(�7� 0
o
f
Land Surveyor #22098 Jo44L _ •
KING SURVEYORS,INC.
1200 W. Ash Street, Suite C
Windsor, Colorado 80550
(303) 686-5011
Project Number: 95026
2475595 B-1531 P-449 02/08/96 01:44P PG 2 OF 2
EXHIBIT "A"
960096
KitQ OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT 4391
FAX (970) 352-0242
P.O. BOX 1948
GREELEY, CO 80632
COLORADO January 12, 1996
Doris Vangraefschepe
c/o Earl and Pauline Steffen
P.O. Box 139
New Raymer, CO 80742
RE: Proposed Vacation of a Portion of Weld
County Road (WCR) 98, at its Intersection
with WCR 129
Dear Ms. Vangraefschepe and Mr. and Mrs. Steffen:
The United States Air Force has requested and paid for the realignment of Weld County Road
(WCR) 98, as it intersects with WCR 129. The realignment of the intersection is made necessary
by the tight turning radius of the missile vehicles which travel on those roadways and utilize the
intersection. Enclosed is a drawing which shows the realigned intersection.
The realignment required a granting of easement by the United States Forest Service. That grant
of easement has been accomplished. The portion of the property which has been granted as an
easement to Weld County is designated a parcel "C" and is shown in pink.
With the realignment of the intersection there are a few feet of WCR 98 which are no longer
necessary and which may be vacated. The portion of WCR 98 available for vacation is
designated on the enclosed plat as Parcels "A" and"B" and are shown in yellow and blue
respectively.
Please by advised that the Board of County Commissioners will consider the vacation of those
portions of WCR 98 designated as Parcels "A" and "B" on the enclosed plat at its regularly
scheduled meeting on Monday, January 22, 1996. The meeting will take place at 9:00 a.m. in the
first floor meeting room in the Weld Centennial Center Complex, 915 10th Street, Greeley,
Colorado. You may be present to give testimony if you so desire. This letter is intended to give
you notice of the hearing and therefore to comply with requirements of§43-2-303(2)(b), C.R.S.
960096
WCR 98 Letter
Page 2
January 12, 1996
If you should have any questions or comments regarding this letter, the request for vacation of
roadway, or the hearing set for January 22, 1996, please feel free to call me at (970) 356-4000,
Ext. 4390.
Sincrely,
l
14ruce 'f. Barker'
Weld County Attorney,'
Enclosure
BTB/wi:wcr98
pc Drew Scheltinga
Dale Hall
960096
6 OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT_4391
16(1.1
FAX (970) 352-0242
P.O. BOX 1948
GREELEY, CO 80632
C. January 12, 1996
COLORADO
Bud Phillips
United States Department of Agricultural Forest Service
660 "O" Street
Greeley, CO 80631
RE: Proposed Vacation of Portion of Weld
County Road (WCR) 98, at its Intersection
with WCR 129
Dear Mr. Phillips:
As per our telephone conversation of January 3, 1996, the Board of County Commissioners of
Weld County, Colorado will consider the vacation of a portion of Weld County Road (WCR) 98,
at its intersection with WCR 129, on the Board's January 22, 1996, regular agenda. '[he hearing
regarding this matter will take place in the Board's first floor meeting room in the Weld
Centennial Center Complex, 915 10th Street, Greeley, Colorado at 9:00 a.m. on that date.
Enclosed is a copy of the plat which you sent to my office_ Those portions of WCR 98 which are
to be vacated are designated as Parcels "A" and "13" and are shown in yellow and blue
respectively_
If you should have any questions or comments regarding this letter or the hearing on
January 22,1996, please feel free to call me at (970) 356-4000, Ext. 4390.
Sincerely,
L 2 /2Ef �
ruce T Barker C
Weld County Attorney
BTB/wi:phillips
pc Drew Scheltinga
Dale Hall
960096
PROPERTY DESCRIPTION
Parcel "A"
A parcel of land being part of of the Southwest Quarter (SW1/4) of Section Thirty-four
(34), Township Nine North (T.9N.),Range Fifty-eight West (R.58W.) of the Sixth Principal
Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly
described as follows;
BEGINNING at the Closing Section Corner common to Sections 3/4-T.8N.-R.58W. as
monumented by a found 2" Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey
1917 with the Closing Section Corner common to Sections 2/3-T.8N.-R.58W. as
monumented by a found 2"Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey
1917 to bear North 89°28'00"East, as reported within the GLO 1917 Dependent Resurvey,
a distance of 5206.87 feet (Recorded 5208.72 feet) with all other bearings contained herein
relative thereto:
#1: THENCE North 89°28'00" East along the South line of said Section 34 a distance
of 948.48 feet to the point of intersection with the Easterly Right-Of-Way (ROW)
line of the existing Weld County Road (WCR) #129. Said point being the TRUE
POINT OF BEGINNING:
#2: THENCE North 45°17'01"West along said Easterly ROW line a distance of 42.24
feet to the point of intersection with the Northerly ROW line of WCR #98;
#3: THENCE North 89°28'00"East along said Northerly ROW line a distance of 219.06
feet;
#4: THENCE South 44°42'59"West a distance of 42.61 feet to a point on the South line
of said Section 34;
#5: THENCE South 89°28'00"West along said South line a distance of 159.06 feet to the
TRUE POINT OF BEGINNING.
Said described parcel of land contains 5,672 Square Feet (±), or 0.139 Acres (±), and is
subject to any rights-of-way or other easements as granted or reserved by instruments of
record or as now existing on said described parcel of land.
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.
p0 REI
Charles B. Jones O'
/ 9 9-5`
Colorado Registered Professional • o
9
Land Surveyor #22098
KING SURVEYORS,INC.
1200 W. Ash Street, Suite C
Windsor, Colorado 80550
(303) 686-5011
Project Number: 95026
960096
PROPERTY DESCRIPTION
Parcel "B"
A parcel of land being part of Lot Four (4) of Section Three (3), Township Eight North
(T.8N.),Range Fifty-eight West (R.58W.) of the Sixth Principal Meridian (6th P.M.),County
of Weld, State of Colorado and being more particularly described as follows;
BEGINNING at the Closing Section Corner common to Sections 3/4-T.8N.-R.58W. as
monumented by a found 2" Diam. pipe with a 2 1/2" Diam. brass cap stamped GLO Survey
1917 with the Closing Section Corner common to Sections 2/3-T.8N.-R.58W. as
monumented by a found 2" Diam. pipe with a 2 1/2" Diam brass cap stamped GLO Survey
1917 to bear North 89°28'00"East, as reported within the GLO 1917 Dependent Resurvey,
a distance of 5206.87 feet (Recorded 5208.72 feet) with all other bearings contained herein
relative thereto:
#1: THENCE North 89°28'00"East along the North line of said Section 3 a distance of
948.48 feet to the point of intersection with the Easterly Right-Of-Way (ROW) line
of the existing Weld County Road (WCR) #129. Said point being the TRUE POINT
OF BEGINNING:
#2: THENCE continuing North 89°28'00"East along said North line a distance of 159.06
feet;
#3: THENCE South 44°42'59"West a distance of 42.61 feet to a point on the Southerly
ROW line of WCR #98;
#4: THENCE South 89°28'00"West along said Southerly ROW line a distance of 99.06
feet to a point on the existing Easterly ROW line of said WCR #129;
#5: THENCE North 45°17'01"West along said Easterly ROW line a distance of 42.24
feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 3,872 Square Feet (t), or 0.089 Acres (±), and is
subject to any rights-of-way or other easements as granted or reserved by instruments of
record or as now existing on said described parcel of land.
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.
441 \
.,•0 REGIfTe4
Charles B. Jones •
Colorado Registered Professional •
i
Land Surveyor #22098 o\;;'�ANo
KING SURVEYORS,INC.
1200 W. Ash Street, Suite C
Windsor, Colorado 80550
(303) 686-5011
Project Number: 95026
960096
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