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RESOLUTION
RE: VACATION OF A PORTION OF WELD COUNTY ROAD 77 BETWEEN WELD
COUNTY ROAD 392 AND STATE HIGHWAY 14
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 Public Works Department has recommended that a portion of Weld County
Road 77, being fully described as follows:
A tract of land located in the SW'/ of Section 21, Township 8
North, Range 62 West of the 6th P.M., Weld County, Colorado
WHEREAS, by notice dated October 27, 1998, and mailed on that date, the adjoining
landowners were notified by the Clerk to the Board of a public hearing set for November 16,
1998, to consider the vacation, in accordance with the requirements of Section 43-2-303(2)(b),
C.R.S., of that portion of Weld County Road 77, a copy of the legal description is attached
hereto and included by reference, and
WHEREAS, the Board of County Commissioners convened a public hearing on
November 16, 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 77 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 77, with said vacation to become effective upon recording 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 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.
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982210
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RE: VACATION OF A PORTION OF WCR 77
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of November, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
9 WELD COUNTY, COLORADO
lATTEST: / �/, y ) l
r 04419
Constance L. Har ert, Chairman
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Weld County Clerk tot r -
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W. H. ebs er, Pro-Tern.
Deputy Clerk to the Boa :��►� `-
eorge E. Baxter
APPROV AS TO FORM:
Dale K. Hall
o my Atto ey EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
HIV 11111 111111 III' 1111111 IIII 111111 III BE IM IIII
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982210
EG0037
E .1 EXHIBIT
A
LEGAL DESCRIPTION
A tract of land located in the Southwest 1/4 of Section 21, Township 8
North, Range 62 West of the 6th Principle Meridian, County of Weld, State
of Colorado, described as follows:
COMMENCING at the Southwest Corner of said Section 21,from which
the West 1/4 Corner of said Section 21 bears N02°01'16"E, 2676.59 feet
(Basis of Bearing); Thence N02°01'16"E, 50.00 feet along the West line of
the Southwest 1/4 of said Section21 to the North right-of-way line of State
Highway 14 conveyed to Weld County, Colorado, as described in Right-of-
way Deed recorded May 3, 1939, in Book 1041 at Page 471 of the records
of Weld County, Colorado, to the TRUE POINT OF BEGINNING;
Thence S90°00'00" W, 30.00 along said North Right-of-way line of State
Highway 14 to the West right-of-way line of Weld County Road 77; Thence
continuing along said West line N02°,01'16"E, 812.75'; Thence N64° 11'39"
E, 67.80' to a point on the East right-of-way the of Weld County Road 77;
Thence S02°01'16" W, 842.29 feet to the North right-of-way of State
Highway 14; Thence along said North right-of-way line, S9(P00'00" W, 30.0
feet to the TRUE POINT OF BEGINNING.
Area = 1 . 13 acres, more or less
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2657034 12/01/1998 02:02P Weld County CO
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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 a portion of Weld County Road 77 between Weld County Road 392 and State
Highway 14 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 maps submitted by the Weld County Public Works
Department 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.
DOCKET NO. 98-64 APPLICANT
Weld County Public Works Department
933 North 11th Avenue
Greeley, CO 80631
DATE: November 16, 1998
TIME: 9:00 a.m.
REQUEST: Whether to vacate Weld County Road 77 between Weld County Road 392 and
State Highway.
LEGAL DESCRIPTION: A tract of land located in the SWY of Section 21, Township 8 North,
Range 62 West of the 6th P.M., Weld County, Colorado (Precise
Legal Description available in the office of the Clerk to the Board.)
LOCATION: Weld County Road 77 between Weld County Road 392 and State Highway 14
(Precise Legal Description available in the office of the Clerk to the Board.)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 27, 1998
PUBLISHED: November 4, 1998
982210
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing,
Docket#98-64, was placed in the United States mail, first class mail, postage prepaid, addressed
to the following property owners.
DATED this 30th day of October, 1998.
WAYNE AND JOYCE GILLILAND
38535 HIGHWAY 14
BRIGGSDALE CO 80611
MAXINE VIEFHAUS
% ROBERT HARDING
5435 FIELD COURT
ARVADA CO 80002
Deputy Clerk to the Board
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COLORAD
TO: Clerk to the Board DATE: October 22, 1998
FROM: Frank B. Hempen, Jr.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please place the following item on the Board's next agenda:
Request for Board to approve the vacation of right-of-way on WCR 77 and WCR 392
at St. Hwy 14 road alignment.
The appropriate documentation is attached.
Enclosures
cc: Dave Becker, Operations Director(budget line item)
Marc Street, Maintenance-Support Supervisor
Bruce Barker, County Attorney
WCR 77 file
m:wpfiles\engineer\agenda]
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C. MEMORANDUM
COLORADO
TO: Frank B. Hempen, Jr. DATE: October 22, 1998
Director of Public Works/County Engineer
FROM: Don Somer, Utility/Right-of-way Agent VR5L
SUBJECT: WCR 77 and WCR 392 at St. Hwy 14
Road Alignment
This summer, the Public Works Department reconstructed the alignment of WCR 77 and
WCR 392 at State Highway 14. Since the realignment, a portion of WCR 77 will be of no
further value to the County.
This section of road right-of-way starts on the north side of State Highway 14 and
continues north approximately 842.00 feet. The right-of-way is 60 feet in width. There are
a number of utilities that will need to remain in the right-of-way. The utility companies have
been notified of the right-of-way vacation. There was no problem with this as long as each
may remain in their present location and as long as they have the right to access the
property to maintain their utilities.
There are two property owners that will be involved: Wayne and Joyce Gilliland, 38535
Hwy 14, Briggsdale, CO 80611 on the east side, and Maxine Viefhaus, c/o Robert Harding
5435 Field Ct., Arvada, CO 80002 on the west side.
It is, therefore, my recommendation that the Board of Weld County Commissioners
approve the vacation of this portion of right-of-way.
Attached is a legal description and drawing of roadway to be vacated.
cc: Dave Becker, Operations Director
Marc Street, Maintenance-Support Supervisor
Bruce Barker, County Attorney
in:wpfi les\dons\wcr77vac
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