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Home My WebLink About981615.tiff RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF WELD COUNTY ROAD 51 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 Road Petition from Front Range Feedlots, LLC, and Greeley LDS Farms, a copy of which is attached hereto and included by reference, requesting vacation of a portion of Weld County Road 51, being fully described as follows: A roadway 60 feet in width centered on a line which commences on the northeast corner of Section 18, Township 3 North, Range 64 West, 6th Prime Meridian, and which runs thence due south to the southeast corner of Section 18, and which is connected by intersections to both Weld County Road 32 and Weld County Road 34. WHEREAS, the Public Works Department has recommended approval of said request since that portion of Weld County Road 51 is not needed for the safety and welfare of the traveling public, and WHEREAS, by notice dated August 17, 1998, and mailed on that date, the adjoining landowners were notified by the Clerk to the Board of a public hearing set for August 31, 1998, to consider the vacation, in accordance with the requirements of Section 43-2-303(2)(b), C.R.S., as amended, of that portion of Weld County Road 51 which is described above, and WHEREAS, the Board of County Commissioners convened a public hearing on August 31, 1998, and heard testimony and reviewed all other evidence presented therein by staff and the public, and WHEREAS, the evidence showed that the vacation of that portion of Weld County Road 51 which is described above 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 deems it advisable to vacate said portion of Weld County Road 51, with said vacation to become effective upon recording as required below. cc TG, c✓4, 111111111 31111111111111111111111 GeV/c,f' 2640471 09/16/1998 09:118 Weld County CO , 1 of 2 R 0.00 D 0.00 JA Suki Tsukameto 981615 �� fiat, (sf2e/e `�� For m5 RE: VACATION OF A PORTION OF WCR 51 PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from from Front Range Feedlots, LLC, and Greeley LDS Farms, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the portion of Weld County Road 51 which is described above be, and hereby is, vacated. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 1998. BOARD OF COUNTY COMMISSIONERS W COUNTY, COLORADO - ATTEST: Constance L. Harbert, Chairman Weld County Clerk' '• t iu \ a a� W. H. bste , o- te /I�Tem Deputy Clerk tot?? er. / 1� orge.t. Baxter APPR S TO FO Dale K. Hall ount tto n 4_. Barbara J. Kirkmeyer 1111111 11111 111111 11111 11111 III H II 111111 III' I I I I 2640471 09/16/1998 09:118 Weld County CO 2 of 2 R 0.00 D 0.00 JR Suit! Tsukamoto 981615 EG0037 Q�I (., ' hl AL- `_ ROAD PETITION TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO P.O. BOX 758 GREELEY, COLORADO 80632 -' FROM: FRONT RANGE FEEDLOTS, LLC GREELEY LDS FARMS, PETITIONERS We, the undersigned citizens and real property owners of Weld County, Colorado, hereby petition that the road described herein be declared abandoned and vacated by Weld County. The line of road is more fully shown by the dirt road highlighted in yellow on the topographic map attached hereto, marked as Exhibit A. This road is described as that certain unpaved dirt road, County Road 51, running from County Road 32 north to County Road 34. This road does not extend south of Road 32, nor does it extend north from County Road 34. As support of this petition, Petitioners state that the majority of traffic on County Road 51 is generated by the petitioners who own the land on either side of Road 51. County Road 51 is currently maintained by Weld County. Petitioners agree that the owner of the E 1/2 of Sec. 18 - 3N - 64W will maintain the road in the future. The vacation of County Road 51 will not leave any land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road. Petitioners also agree that they will permit any persons owning dedicated and recorded easements and rights-of-way for the use of County Road 51 to continue such use after formal vacation by Weld County. Further, Petitioners agree to pay any and all costs of publication of Weld County attributable to the vacation of the aforementioned County Road 51. Petitioners agree that the terms and conditions of this action are binding to the owners, their heirs and assignees. %Y/lam/ J As witness, our signatures hereunto annexed and followed by a description of our land this 10 day of I 1998. SIGNATURES ADDRESS PROPERTY SEC. TP. RANGE FRONT RANGE FEEDLOTS, LLC PO BOX 517 E 1/2 18-3-64, Eaton, CO 80615 Prt. NW 1/4 17-3-64. B • /�_ GREELEY LDS FARM c�tv io.. csf 25101 WCR 32 W 1/2 17-3-64 expt. F Corporation of Ito Presiding El op a Chore`of LaSalle, CO 80645 prt. NW 1/4 17-3-64 Jesus Christ of Letter-any 8 te,c h csrps-tion ssle. BY: NJTH D A SENT 7/33/s RECEIVED JULL 2 0 1sci yVV Reciprocal Easement and Road Maintenance Agreement GREELEY LDS FARM a division of Corporation of The Presiding Bishop of the Church of Jesus Christ of Latter-day Saints,a Utah Corporation sole,("Church")and FRONT RANGE FEEDLOTS,LLC,a Colorado Limited Liability Company("Front Range")make the following agreement 1. Addresses of the parties for notice purposes. The names and addresses of the parties for notice purposes are as follows: Church: Front Range: Greeley LDS Farm,Property No. 516-3757 Front Range Feedlots,LLC Corporation of the Presiding Bishop of The P.O.Box 517 Church of Jesus Christ of Latter-day Saints,a Eaton,Colorado 80615 Utah corporation sole 12th Floor, Church Office Building Salt Lake City UT 84150-0012 Attention: Lamont R.Kingston Copy to Greeley LDS Farm 25101 WCR 32 LaSalle,Colorado 80645 2. Background. Front Range owns the East Half of Section 18,Township 3 North Range 64 West,6th Prime Meridian and part of the Northwest Quarter of Section 17,Township 3 North,Range 64 West,along the west section line of said section 17,and the Church owns the rest of the Northwest Quarter of the said Section 17 including a portion along the section line,and the Church owns all of the Southwest Quarter of the said Section 17. A portion of County Road 51 (the"Roadway Parcel")runs between the property of Church and Front Range and is a parcel of land in Weld County Colorado, described with particularity as follows: A roadway 60 feet in width centered on a line which commences on the northeast corner of Section 18,Township 3 North Range 64 West,6th Prime Meridian,and which runs thence due south to the southeast corner of Section 18,and which is connected by intersections to both Weld County Road 32 and Weld County Road 34. Front Range and Church have requested that the Board of County Commissioners of Weld County vacate the portion of County Road 51 between County Road 34 and 32 which constitutes the Roadway Parcel. A copy of the proposed petition for vacation is annexed hereto as Exhibit"A". The parties desire to maintain the Roadway Parcel as a private road and driveway for their own use after the vacation for the benefit of their respective adjoining lands. 1 -..r..n-. -,i.-,v ..J .n• i T VON QR-fl7-lflf' 3. Consideration. The parties acknowledge the receipt and sufficiency of consideration for this agreement including mutual promises and other good and valuable consideration. 4. Reciprocal Easement. The parties hereby grant to one another an easement for ingress and egress over the Roadway Parcel described above for the benefit of their respective adjoining lands. 5. Runs with land. The easement created by this agreement is superior and paramount to the rights of either of the parties to this agreement in the respective servient estates benefited by the easement, and the parties Anther agree that it is a covenant that shall run with the land and shall be appurtenant to the respective lands of the parties benefited by this agreement. 6. Maintenance and level of use. The parties agree that as between themselves the level of use to which each has rights hereunder is the same as it would be to the former Weld County Road 51. The parties agree that the easement shall be a nonexclusive road and utility easement for the general use of the parties, their successors and assigns,without limitation,including all utilities,and for vehicular and pedestrian traffic for industrial,commercial,agricultural,business and residential uses. Front Range agrees to maintain the Roadway Parcel including repair of the road and maintenance and repair of gates to keep the road for private use by the parties. Front Range agrees that the standards applicable to the maintenance will be the same as the standards applicable to County Road 51 before closure and restriction to private use. 7. Notices. The parties agree when this agreement requires or authorizes a party to give notice to another party that the notice will be effective when in written form and when communicated personally or at the address established by this agreement. A party may send a notice by personal delivery,by transmission of a facsimile of the notice document by telephone,or by United States mail, certified or registered, postage prepaid. A party may establish a new address for purposes of notice to itself by giving notice ofthe new address in accordance with this section.Notice given personally will be effective upon receipt. Notice given by mail will be effective dues days after deposit in the mail. 8. Interpretation. Where appropriate to the context,the singular number shall include the plural,the plural number shall include the singular,and any gender shall include any other gender. Captions. The captions at the beginning of paragraphs are for the convenience of the parties and the parties do not rely on the captions as a basis for interpretation of this Agreement. The parties use the word "or" in this Agreement to mean"and/or." The parties use the phrase"without limitation"between a general statement and a list of instances of the general statement to mean that they do not intend the list to be an exclusive enumeration of instances of the general statement and that they intend that other instances within the general statement could be included in the list. 9. Best Efforts. The parties hereto mutually agree to exercise their best efforts in good faith to fulfill the purposes of this Agreement,and to fully cooperate with each other to that end;and if and to the extent that the consent a cooperation of any third party is required to fulfill the purposes of this Agreement, the parties hem agree to exercise their best efforts to obtain such consent or, if such consent is not obtainable,to cooperate in any reasonable arrangements designed to provide the parties with the benefits or equivalent result of such consent by other reasonable and lawful means. 10. Authorization. The individuals signing below in their official capacities represent(a) that they are fully and lawfully authorized by the Articles, Bylaws or resolutions of their respective corporations to execute this Agreement for and in behalf of their respective corporations or partnership and that said corporations orpartnerships are fully bound thereby;(b)that said corporations' or 2 _ __ _" "' .,,.. .... —17T 07 Tarr 1111 in in 11 !dry' Q.n,-,7-lnr partnerships'performance hereunder will not breach any other contractual obligations which it may have to third parties nor infringe upon any third party's rights;and(c)that there are no actions,suits or proceedings pending or threatened against or affecting said corporations or partnerships which would have any material adverse affect upon the rights granted or property sold by said corporations or partnerships under this Agreement,or in any way adversely affect this Agreements legality or enforceability. 11. Non-Fiduciary or Agency Relationship. The parties hereto expressly disclaim and disavow any partnership,joint venture,fiduciary,agency or employment status or relationship between them and expressly affirm that they have entered into this Agreement as independent contractors and that the same is in all respects an "arms-length"transaction. No party hereto has the authority to make any representation or warranty or incur any obligation or liability on behalf of any other party hereto,nor shall they make any representation to any third party inconsistent with this section, except to the extent expressly permitted elsewhere in this Agreement. 12. Respective Costs.All costs and expenses,including attorneys fees,incurred by each party in conjunction with the negotiation,preparation and execution of this Agreement shall be paid solely by the party incurring such costs and expenses. 13. Further Instruments. The parties hereto agree that they will execute any and all other documents or legal instruments,and take any other action,that may be necessary or reasonably required by any party to effectuate the purposes and provisions of this Agreement. 14. Governing Law and Jurisdiction. This Agreement,and all matters relating to or disputes arising out of this Agreement, shall be interpreted,governed,and enforced according to the laws of the State in which the property is located,without reference to conflict of laws principles. 15. Approval. The terms and conditions of this agreement shall not become binding until it has received final approval of Church's Appropriation Committee. 16. Survival. The parties'respective obligations,covenants indemnities, representations and warranties in this Agreement shall survive the closing unless indicated otherwise by their express terms. 17. Amendments. This Agreement may be amended at any time upon unanimous agreement of the parties hereto, which amendment(s)must be reduced to writing and signed by all parties in order to become effective. 18. Severability. In the event that any provision of this Agreement, or any operation contemplated hereunder,is found by arbitration or a court of competent jurisdiction to be inconsistent with or contrary to any applicable law,ordinance,or regulation,the latter shall be deemed to control and the Agreement shall be regarded as modified accordingly,and the remainder of this Agreement shall continue in full force and effect. 19. Entire Agreement. This Agreement,including all exhibits and schedules attached hereto, constitutes and represents the entire agreement of the parties hereto with respect to the subject matter hereof,and all other prior agreements,covenants, promises and conditions,oral or written,between these parties are incorporated herein or superseded in their entirety by this Agreement. No party hereto has relied upon any other promise,representation or warranty, other than those contained herein, in executing this Agreement. 3 -U711 HU 7f1' ii Nf`J PR-n7-70r 20. Counterparts. This Agreement may be executed in any number of duplicate counterparts, each of which shall be deemed an original. All counterparts taken together shall constitute one and the same original Agreement,which shall be fully binding upon each party who executes any counterpart. 21. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties hereto,their heirs,personal representatives,successors and permitted assigns. 22. Effective Date. This agreement shall take effect on the date the last party signs, provided,however,that if the road vacation of the Roadway Parcel shall not be approved by the Board of County Commissioners of Weld County,then this agreement shall not become effective. 23. Attorney's Fees:In the event of any action at law or in equity between the parties to enforce any provisions or rights hereunder, the court shall award to the prevailing party all its costs and expenses incurred therein,including reasonable attorneys fees. Greeley LDS Farm,a division of Corporation of Front Range Feedlots,LLC,a Colorado Limited the Presiding Bishop of The Church of Jesus Liability Company Christ of Latter-day Saints, tah corporation sole By �--- Name: os h A. Hof pa By Title: Authorized Agent Name: k Date: 7_90-08 Title: A T LZED ^ Date: 4 STATE OF UTAH ) : ss COUNTY OF SALT__// LAKE ) 4.9n this3 d y of 1998,personally appeared before me I1/4- "S. k1 t ,personally kn n to me to be the Authorized Agent of the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints,a Utah Corporation Sole, who acknowledged to me that he signed the foregoing instrument as Authorized Agent for said Corporation, that the seal impressed on the within instrument is the seal of said Corporation,and the said 6444,r {gyp�c d.- acknowledged to me that the said Corporation executed the same. "cii/cLorc-cac„..c__ Notary Public fO My commission expires: Residing at: 414- &Z GU t'OTARY PUBLIC OTEDDIE SUE JENSEN siso E.No.Temple,12th R. Sett lake City,UT 84150 My Commission Expire November 12,2001 STAR Or 11TAM 4 3 on/en a cTP7 0b? in9 nN YW4 a.lylS2 197N WV £0: II NN 86-OZ �(lT STATE OF COLORADO ) :ss COUNTY OF WELD ) On the Q4ay of July , 1998,personally appeared beibre me Joseph A. Hoff who acknowledged that he executed the foregoing as Authorized Agent of Front Range Feedlots,LLC. l' L It Notary Publi My commission expires: 3)7 J a oo a Residing at: TiaaatWAISOMI •r 17...0 Rj6 CALLEHla Co g O 5 ittplPugustic • 5 9 /Er" __ .__ . . rTf'l nr.D tnn inxt w.t 71RICa 71-PN L11 bfl: il NON 86-OZ-h1C si AUG 0 CORRESPONDENCE RESPONSE DEPARTMENT Pu-G-4- - (0Cri l_ _ ****PLEASE RESPOND BY: 213.019`6 **** RECOMMENDED ACTION: Va---ctt-� Narrative: / D v/ ` �d+,rS QG� �• 2 METHOD OF RESPONSE: Board Action Worksession Letter (Attached) Telephone Call No Response Staff Sig ture K:\opman\rdcompl1 05/28/98 NOTICE Pursuant to Section 43-2-303, C.R.S., as amended, an agenda item to vacate a County road right-of-way will be considered at the regularly scheduled public meeting of the Board of County Commissioners of Weld County, Colorado in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the vacation of Weld County Road 51 between Weld County Roads 32 and 34 are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. BE IT ALSO KNOWN that the Petition to Vacate and maps submitted by the Petitioner may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANTS: Front Range Feedlots, LLC Greeley LDS Farm, Property #516-3757 P.O. Box 517 Corporation of the Presiding Bishop of The Eaton, Colorado 80651 Church of Jesus Christ of Latter-day Saints, a Utah Corporation sole 12th Floor, Church Office Building Salt Lake City UT 84150-0012 Attn: Lamont R. Kingston DATE: August 31, 1998 TIME: 9:00 a.m. REQUEST: Petition to Vacate Weld County Road 51 between Weld County Roads 32 and 34 subject to dedicated and recorded easements and rights-of-way. LEGAL DESCRIPTION: The public road right-of-way lying 30 feet on either side of the section line between Sections 17 and 18, Township 3 North, Range 64 West, of the 6th P.M., Weld County, Colorado, lying between a point 30 feet north of the southeast corner of Section 18 and a point 30 feet south of the northeast corner of Section 18. LOCATION: Weld County Road 51 between Weld County Roads 32 and 34 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 17, 1998 981615 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 17th day of August, 1998. FRONT RANGE FEEDLOTS LLC P.O. BOX 517 EATON CO 80651 GREELEY LDS FARM PROPERTY #516-3757 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE 12TH FLOOR CHURCH OFFICE BUILDING SALT LAKE CITY UT 84150-0012 ATTN: LAMONT R. KINGSTON HORTON CATTLE COMPANIES INC 134 OAK AVENUE EATON CO 80615 GREELEY LDS FARM 25101 WELD COUNTY ROAD 32 LASALLE CO 80645 Deputy Clerk to the Board Hello