HomeMy WebLinkAbout950259.tiffAK2Y29217
RESOLUTION
RE: APPROVE REQUEST TO VACATE CERTAIN PORTION OF RIGHT-OF-WAY AND
AUTHORIZE CHAIRMAN TO SIGN QUIT CLAIM DEED AS VACATED CONVEYING IT
TO MARK HILL, PURSUANT TO 43-2-302, CRS
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, Mark Hill has presented the Board with a letter requesting the vacation of
right-of-way located immediately south of the platted area for Roggen, Colorado, which was
conveyed to Weld County by Right -of -Way Deed on May 29, 1935, said deed being recorded at
Book 978, Reception 713316, in the Weld County Clerk and Recorder's Office, a copy of which is
attached hereto and incorporated herein by reference, and
WHEREAS, said right-of-way is 20 -feet wide and 300 -feet long and is immediately adjacent
to and may be a part of Front Street, Roggen, Colorado, and
and
WHEREAS, at a hearing held on the 22nd day of February, 1995, Mark Hill was present,
WHEREAS, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendations of the Department
of Public Works, Planning and Zoning, and County Attorney staff and all of the exhibits and
evidence presented in this matter and, having been fully informed, deems it advisable to approve
said vacation, and
WHEREAS, pursuant to provisions of Section 43-2-302, CRS, title for this vacated
right-of-way will vest in Mark Hill, given that his lot currently surrounds the road right-of-way, and
the Chairman must sign a Quit Claim Deed as vacated conveying said right-of-way to Mark Hill.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the right-of-way located immediately south of the platted area for Roggen
Colorado, which was conveyed to Weld County by Right -of -Way Deed on May 29, 1935, said deed
being recorded at Book 978, Reception 713316, in the Weld County Clerk and Recorder's Office,
and herein described, be, and hereby is, vacated.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign a Quit Claim Deed as vacated conveying said right-of-way to Mark Hill, pursuant to
43-2-302, CRS.
ee: Nil lPwPc_
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Weld County CO Clerk & Recorder
0.00 033
RE: VACATION OF RIGHT-OF-WAY - MARK HILL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of February, A.D., 1995.
Weld County Clerk to the
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, ' O • " DO
Dale K. Hall, Chairman
:arb- :.. Kirkmeye,/Pro-Te
e
Georg- E. Baxter
FXC;11SFn
Constance L. Harbert
22)7
W. H.
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950259
EG0033
AR24e6636
QUIT CLAIM DEED
THIS DEED is made this of totnct
— day of \_11_14.V. , 1995, between Weld County,
Colorado, a body politic and corporate of the State of Colorado, of the first part, and to Mark A. Hill,
of the second part.
WITNESSETH, that the said party of the first part, for and in consideration of the 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 strip or parcel of ground 20' wide within the boundaries of the Northwest Quarter
of Section 6 in Township 2 North, Range 62 West of the 6th Principal Meridian and
described as follows: Commencing at a point 60' south and 100' east of the
Southwest corner of Block 1 of the Town of Roggen; thence, east 300'; thence, south
20'; thence, west 300'; thence, north 20' to the point of beginning; it being the intent
to convey by this instrument the north 20' of the east 300' of the property conveyed
to this grantor by deed dated October 22, 1915, recorded on November 22, 1915 in
Book 509 at page 87 of the records of Weld County, Colorado.
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, Dale K. Hall, Chairman of the Board of County
Commissioners of said County of Weld, a body politic and corporate of the State of Colorado, on
behalf of said County and by virtue of the Order contained �,`-in the Resolution made by said Board of
County Commissioners on the .2 '4 day of �.t�Ytta.) 1995, have hereunto set my hand
and affixed the seal of said County this 7 t± day of Jyu2, y 1995, for the uses and
purposes therein set forth. 0
2428836 B-1482 P-508 03/03/95 04:33P PG 1 OF 2 REC DOC
Weld County CO Clerk & Recorder
0.00 950259
ATTEST:
CLERK TO THE:BOAFP
COUNTY CDMMIS IU`
BY:
Deputy ClerlslJto the Board
COUNTY OF WELD, STATE OF
COLORADO, A BODY POLITIC AND
CORPORATE OF THE STATE OF
COLORADO
BY Ja _
Dale K. Hall, Chairman, %2/qs
Board of County Commissioners of the
County of Weld, State of Colorado
STATE OF COLORADO )
) ss.
County of Weld )
The foregoing instrument was acknowledged before me this 721-4 day of
�C GM .Uj , 1995, by Dale K. Hall, Chairman, Board of County Commissioners of the
County of Weld, State of Colorado.
,..W.;'tness my hand and official seal this
MY CO •' l.7`.
My commission expires: 1A NU.
deed\hill.gjb
0?74-6
3
day of l &L/44ArA.D., 1995.
Page 2 of 2
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950259
b�rUUiy that the :ti�i,`;ir� in trament is
+Lxs�
du:)!i::?':.e of the Original filed in my office.6
V'itness my hand and official seal this
de; ofN 1 f.
Weld County Clerk and Recorder
We County, Co-:;rado
By
950259
WIIDC
COLORADO
mEmoRAnDuM
t., H.
-- u
To Board of County Commissioners Date February 8, 1995
From Bruce T. Barker, County Attorney -% H
Subject: Request for Vacation of Right -of -Way by Mark Hill
Attached is a letter from Mark Hill which requests that a right-of-way located immediately south of
the platted area for Roggen, Colorado, be vacated. This right-of-way was conveyed to Weld County
by "Right -of -Way Deed" on May 29, 1935. The Deed is recorded at Book 978, Reception 713316.
A copy of the Deed is attached.
Attached is a copy of a map which shows highlighted in yellow that area which Mr. Hill is
requesting be vacated. As you can see, it is located south of Front Street in Roggen. I have checked
with Chuck Cunliffe, Director, Weld County Department of Planning and Zoning, regarding the need
for a minor resubdivision. Mr. Cunliffe believes that there is no need for a minor resubdivision,
because the property is located outside of the platted area for Roggen.
Also attached is a copy of a Memorandum which I received from George Cicoff regarding the
request for vacation. Mr. Cicoff recommends that the Board grant the request.
Pursuant to provisions of § 43-2-303, C.R.S., title for this vacated right-of-way will vest in Mark
Hill, given that his lot currently surrounds the road right-of-way.
Although by statute Weld County is normally required to notify adjacent landowners of the public
hearing when the Board considers the request for vacation, in this case the surrounding landowner
is Mr. Hill. As I see it, there is only one other landowner with any possible interest in the vacation,
that being the Roggen Farmers Elevator Association. I have noticed the Association of this public
hearing.
I recommend that the Board grant Mr. Hill's request and vacate the right-of-way which is described
in the Right -of -Way Deed.
BTB/gb:bocchill
Attachments
pc George Cicoff
Clerk to the Board
S502t9
tAt
COLORADO
Roggen Farmers Elevator Association
P.O. Box 8
Roggen, CO 80652
Dear Sirs:
1
- C .:\
TO li
February 8, 1995
OFFICE OF COUNTY ATTORNEY
PHONE (303) 3564000 EXT. 439-
P.O. BOX 194±
GREELEY. COLORADO 8063£
RE: Request by Mark Hill for Vacation of Road
Right -of -Way
By letter dated October 28, 1994, Mark A. Hill has requested that a road right-of-way located
immediately south of Front Street in Roggen, Colorado, be vacated. The property was conveyed to
Weld County, Colorado, by Right -of -Way Deed dated May 29, 1935 and recorded at Book 978,
Reception 713316. A copy of the Right -of -Way Deed is enclosed. Also enclosed is a copy of a
drawing produced by Mr. Hill which shows the location of the right-of-way in question.
On February 22, 1995 at 9 a.m. the Board of County Commissioners of Weld County. Colorado, will
consider Mr. Hill's request. The hearing will take place in the Board of County Commissioners' First
Floor Meeting Room, Weld Centennial Center Complex, 915 Tenth Street, Greeley, Colorado.
Please be advised that you are welcome to attend the public hearing and give any testimony which
you may wish to provide for the Board relative to this request.
If you have any questions regarding this letter or Mr. Hill's request, please feel free to call me at
(303) 356-4000, Extension 4390.
ruly yours,
/Z-
ce T. Barker
Weld County Attorney
Enclosures
pc George Cicoff
Clerk to the Board
950259
Age
mEmoRAnDum
To Geor e Cicoff
Date
From Bruce T. Barker, Count
Attorne
Subject:
November 994
Request for Abandonment of Right -of -Way From Mark Hill
Attached to this Memorandum is a co onA November 1, 1 from Mis copy of a request for abandonment
located en be o Hill. The right-of-way which desires right-of-way
have b abandoned
immediately adjacent to and may bee laht-of-way is apparently 20' wide
and 300' long.andoned is
part of Front Street. It is
Please let me know if theproperty
future for me kri in question is currently being used for or is necessary
Y purposes. The Board of County Commissioners will need this info
order to determine whether it is appropriatem the
to vacate the right -of --way, information in
attached
ac ec materials.
erials.
at Extension 4390 if you have any questions regarding
call
bazding this Memorandum and the
BTB/gb:gcicoff
Attachment
950259
COLORADO
itsit'44v
To Date
From George A. Cicoff, Public Works Directo
mEmoRAnDum
Bruce T. Barker, County Attorney
subint: Request for Abandonment of Right -of -Way Mark Hill
From the sketch titled "Building Permit Proposal", Front Street has an established right-of-way
width of 60 feet. This existing width is more than adequate to meet the requirements of a local
street. The additional right-of-way deeded to the County and recorded in Book 978, Page 199 may
have been intended for some functional purpose at the time of the recording; however, the road no
longer serves as the primary traffic route through the area. After reviewing the parcel in question,
we have determined that the 20' x 300' parcel could serve the County no useful purpose either
presently or in the future. The Department recommends for abandonment of this portion of the
right-of-way to the applicant, Mark Hill, by whatever means is deemed appropriate.
cc: Commissioner W.H. Webster
Front Street file
:front.gc
950259
Mark Hill
10115 W25th Ave., '5
Lakewood. CO 80215
(303) 238-4939
10-28-94
Bruce T. Barker, Weld County Attorney
915 Tenth Street
Greeley, Colorado 60632
(303) 356-4000
RE; Request for Abandonment of Right — of — Way.
Dear Mr. Barker:
NOV-11994 F
ELD COUNTY
TORN C;
Pursuant to our conversation in your office 10-26-94, attached herewith are pertinent plats and
documents illustrating and describing a small parcel of land that I own adjacent to the Town of Roggen,
Colorado.
As mentioned in the legal description of said parcel, there is excepted therefrom a certain Right -
of -Way Deed from the Colorado Milling and Elevator Company to Weld County, Colorado dated 5-28-1935,
and recorded 5-29-1935 in Book 978 at Page 199 of the Clerk and Recorders records in and for Weld
County, Colorado.
Due to "setback and offset" rules and regulations, said Right -of -Way Deed 978-199 virtually
prohibits any residential type building on the East 300 feet of my property.
If possible, I would like to acquire the said right-of-way area back from Weld County, Colorado
as there now appears to be no need or use for it.
Thank you very much for presenting this request to the Weld County Board of County
Commissioners and please give me a call if you need any further information.
950259
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BUILDING PERMIT PROPOSAL
950259
R.eordod h1AY 29 1935 .I O'clockl__: M,__
�jT �2.��. souk
Reeeptioe Re P !�5� WALTER (, MIRHISDt1, Recorder
KNOW ALL Mfl:BT;TJIEt3X ITNIOA(TO. that The
Colorado Milling g tlevator.,L1ooepqipul..,a,corporation
duly organised.and eileting unde the..lava of the
State of Colorado. for and_ oq}{! p�srstion..of the
atm of One dollar ($1.00) p� otb r qpsiderstiona,
raoaipt of whl.ob.is hereby;;ab�pew gdf •s, hereby-. sill
and center to Weld.esunty.,-Ofloil ligslt! right of
way for a publle,hiphassyooer.a}nd;,sorsae the„follow-
ins real property 'Musa in,:the County.,of Weld..
State of Colorado, to -mitt,
A strip pi pparbel,,d}, tented. than {40j
feet Olds within the bennideri[p of..tps Nittheeit.
Quarter (NW}) of Elation gik t6):ipq,,_Tbiroihip tao.(L)
North. Range eixtyTtwo (6s) W`et St$Oiinoipel Mar-
Idlat. and desdribed ai follobe; 06..b4bAeing et n
polot Bitity (60).flit'eoifth and 000?hdndred,(100)
feat seat of ,the. soup ,sat ddtt$P:,O'l (SlO8k;gn4 x1) •
of town of Aogsen) theddi'Seit,tIuh bpuMdrted.(1S00)
felt; thence south firs1y:(S0) „eat :thenoi Kett.
Three hdndred (SOD) feell'thenbe:NO th Twenty (20)
feet 'to the point Of pf7,! ixdivainti,it;biihg 'the intent
to convey by this tactt`fi(int %b*t noYtb Twenty (20)
feet of the teat Three'htiddred'(S00) test of the'
property oenlfiedto this,grantgr Ji deed dated Cote.
set; 22nd, 1916. iioorded:en,Movenbir $2nd. 1916
in Book 609 at page.87 of the reoorde.ofif
eld-County,
Colorado.
The consideration horidn'statid
full ooppensation for all dMeages which would be
considered and atieleed in-ssti�p-�*ia(d.ot **Fillet'
in a prooeedin tp Car the Otalttteo of Colorado,
to oetntosn eai4'•�p:•et lend tar pubito road.
Signed and delivered •this
;,u3 QD, 4T,af v. t ie . A. D..
NOTE: This Deed only appears to cover the North 20 Feet of
the East 300 feet of Subject Parcel.
950259
OURL1NSTON STREET
HARRISON STREET
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950259
AR2JtLJ9I
02326391
F 0679 ,..rCYANN 33EUERSTEI5/93 15,$5.00 1/001
N CLERK & RECORDER WELD CO, CO
QUIT CLAIM DEED
No. 933. Rer. 491, QUIT CLAIM Deeo
0rxdford Publishing. 114) Ware Si., Denver. CO 80202 .— (303)292-2500 — 2.91
THIS DEED, Made this 15th day of
March
between Helen Brown, , 19 93
• formerly known as Helen
McNaney, a single woman
P.O. Box 99, Lowman, New York 14861-0099
of the `County of
Colorado, grantors), and and State of
Mark A. Hill, a married man dealing in his
sole and separate property by virtue of that
certain Marital Agreement dated 9-27-1991;
whose legal address is P.O. Box 140184, Denver, CO 80214
of the
County of
and State of Colorado, grantec(s),
-WI INESSE (' H, That the grantor(s), for and in consideration of the sum of
the receipt and sufficiency of which is hereby acknowledged, HUNDRED sAND 00/100THS
these presents do remised, released, sold andDOLLARS '
forever, all the entitle, interest, release,
e,asell
and demand QUIT which CLAIM
Mgntto the grantee(s).
and to the heirs,
, successors
CLAIMED, g assigns, by I
foImrever,
all th if anyt situate, lying and being min the Roggen,the ha She as, successors and erwith
Colorado, described County of Weld property, together with �I
as follows. and State of
ALL THAT TRACT OR PARCEL OF LAND situated in the County of
Weld, State of Colorado,ii
Sec 6 te6 of Beg. 0 S bounded and described as follows:
Sec0' T2N 62to beg. of SW cor. 0t NWa:!1
(Tr 15) Also be tla. Roggen ' E&l S50'
SW cor. Blk. 1 Roggen E300' S50' W300' a o beg. S (Tr 110', of
r/w for Hwy, as recorded in Book N50' to 10), Exc.
978 Page 199. Cs,4c Acraei ALSO ALL THAT TRACT OR PARCEL OF LAND situated in the County
of Weld, State of Colorado, bounded and described as follows:
Lot 11 Block 1 Roggen.
ALSO ALL THAT TRACT OR PARCEL OF LAND situated in the County
of Weld, State of Colorado, bounded and described as follows:
Lot 12 Block 1 Roggen.
also known by street and.nuntber as: -
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges anywise thereunto appertaining, and all the estate• right, title, interest and claim whatsoever, of the grantor(s),( eitherin law oreereunto tquity to
the only proper use, benefit and behoof of the grantee(s), his heirs and assigns forever.
IN WITNESS WHEREOF, The grantor(s) ha S executed this deed on the date set forth above.
X,
Helen Brown, formerly known as
Helen McNane a sin le woman
STATE of QOl lXIX(2( NEW YORK
County of ) ss.
CHEh
The foregoing instrument wasacknow led r this
by Helen Brown cdbclorcmeX day of March
formerly known as Helen McNaney, a
. 19 9 3,
single woman.
My commission expires }{
19 93 Witness my hand and official seal.
'If in Denver, insert "City and." Address, City, State & Zip Code
Mark A. Hill, ab
e
N.me .nd nd— or P<rwocrun«, fJcwl
Y Crated Ixgaf Daniptio« 10 Jb)6-106,7, CRs.)
JUNE (ILLIES
Notary Public, Slah of New Yolk
NO. 1435285
Chemung C. Inty
110 Commission Expiresex3d, 18 3
950259
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