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HomeMy WebLinkAbout970134.tiffRESOLUTION RE: VACATION OF FORMER UNION PACIFIC RAILROAD RIGHT-OF-WAY IN SE'/. SE'/+ OF SECTION 32, TOWNSHIP 8 NORTH, RANGE 62 WEST OF THE 6TH P.M., WELD 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, by Resolution #950532 dated March 20, 1995, the Board of County Commissioners entered into an agreement with Stan Cass, dba Cass Farms Company, and WHEREAS, pursuant to said agreement, and in accordance with the provisions of Section 43-2-301, et seq., CRS, the County conducted a hearing on January 27, 1997, to consider vacation of the former Union Pacific Railroad right-of-way located in the SE% SE% of Section 32, Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado, further described in Exhibit A, a copy of which is attached hereteo and incorporated herein by reference, and WHEREAS, Stan Cass, dba Cass Farms Company, is the sole owner of property on both sides of said right-of-way and, therefore, the only property owner to which notice of said hearing was mailed ten days prior to said hearing, and WHEREAS, having completed construction of Weld County Road 392 and finding no further use for said right-of-way, the Board of County Commissioners deems it advisable to vacate said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said former Union Pacific Railroad right-of-way, as described herein be, and hereby is, vacated. BE IT FURTHER RESOLVED by the Board that this Resolution shall be recorded so as to comply with the requirements of Section 43-2-303, CRS. BE IT FURTHER RESOLVED by the Board that once this Resolution is duly recorded, the ownership of said right-of-way of the former railroad right-of-way shall be determined in accordance with the provisions of Section 43-2-302, CRS. CG : PuJ,'GH ; CA 5s Ci m 5 2533359 B-1591 P-794 02/13/1997 01:23P PG 1 OF 3 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 970134 EG0036 RE: VACATION OF RIGHT-OF-WAY - SE%SE%, S32, T8N R62W PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld Cou BY eputy Clerk to the Board APPRO 7- £ounty Attorney D AS TO EQRM: George t≤. Baxter, Chair tance L. Harbe ; Pro- em Dale K. Hall EXCUSED Barbara J. Kirkmeyer /� > W. H: ebst r 2533359 B-1591 P-794 02/13/1997 01:23P PG 2 OF 3 970134 EG0036 EXHIBIT A A strip, parcel, or piece of land situate in the SE4SE4 of Section 32, Township 8 North, Range 62 West of the 6th P.M., County of Weld, State of Colorado, to wit: A strip of land 200 feet in width being 100 feet in width on each side of the ce#ter line of the former main track of the Union Pacific Railroad Company's Greeley Branch as the same was previously surveyed, located, and staked out through, upon, over, and across said SE4SE4 of said Section 32. Containing an area of 5.25 acres, more or less. Said center line crosses the south line of said SE4SE4 at a point 310.3 feet west of the southeast corner thereof; Thence, northeasterly 1,143.4 feet, more or less, to a point on the east line of said Section 32 that is 1,074.4 feet, more or less, north from the southeast corner thereof. 2533359 B-1591 P-794 02/13/1997 01:23P PG 3 OF 3 9'0134 4St4s( WUDe COLORADO Cass Farms Co. c/o Stan Cass, President 43251 WCR 77 Briggsdale, CO 80611 WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 915 TENTH STREET GREELEY, COLORADO 80632 January 17, 1997 RE: Vacation of Old Union Pacific Railroad Right -of - Way in Southeast Quarter Southeast Quarter of Section 32, Township 8 North, Range 62 West of the 6th P.M., Weld County, Colorado Dear Stan: This letter is to inform you that Weld County, Colorado, pursuant to its agreement with Cass Farms, Inc., dated March 20, 1995, intends to vacate the former Union Pacific Railroad right-of-way located in the Southeast Quarter Southeast Quarter of Section 32, Township 8 North, Range 62 West of the 6th P.M., Weld County, Colorado. The abandoned railroad right-of-way was transferred in 1978 to Weld County for the purpose of building Weld County Road 392. As you are well aware, Weld County Road 392 was recently improved. The former railroad right-of-way is no longer necessary for road purposes and, therefore, it is necessary to vacate the same. Pursuant to the provisions of C.R.S., 43-2-301, et seq., the Board of County Commissioners will consider the matter of vacation of the former railroad right-of-way at its regularly scheduled meeting on Monday, January 27, 1997. The meeting will take place in the Board's first floor hearing room at the Weld County Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. The meeting will begin at 9:00 a.m. and this matter should be heard by the Board no later than 9:15 a.m. If�ou should have any questions regarding this letter, please feel free to call me at (970) 356-4000, e ension 4390. BTB/db:Let/Cass pc: Don Somer Drew Scheltinga Sin uce T. ker Weld County Attorney 970134 m SENDER: V 'Complete items 1 and/or 2 for additional services. ▪ 'Complete items 3, 4a, and 4b. o •Print your name and address on the reverse of this form SO the we can return this card to you. ' Attach this form to the front of the mellplece, or on the back if space does not ' Writ penult. Receipt Requested'on the meilpiece below the article number. e lite Return Receipt wfti show to whom the article was delivered and the date delivered. 3. Article Addressed to: m C O 0 E President Cash Farms Co. c/o Stan Cass, 43251 WCR 77 Briggsdale, CO 80611 tint Name) I also wish to receive the following services (for an extra fee): 1. O Addressee's Address 2. in Restricted Delivery Consult postmaster for fee. 4a. Article Number P 077 961 600 4b. Service Type ❑ Registered $) Certified ❑ Express Mail 0 Insured ❑ Return Receipt for Merchandise 0 COD 7. Date of Delivery 1 8. Addressee's Address (Only if requested and fee is paid) PS Form 3811, December 1994 Domestic Return Receipt es/ens) sag 1!e l iyuoliewalul rot ow lou 0O 'pepinmd e6eteno0 eouemsut oN 1e P91111.190.10; idleoea PIN 93!MOS lelsod Sfl 009 196 Lt0 d 970134 Hello