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SCI 92 CORRECTED RESOLUTION
RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF WELD
COUNTY RIGHT-OF-WAY SUBJECT TO DEDICATED AND RECORDED
EASEMENTS AND RIGHTS-OF-WAY (SW4 OF S1 AND SE4 OF 52, T4N, R68) -
ROCKY MOUNTAIN DISTRICT OF THE LUTHERAN CHURCH
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 request from The Rocky Mountain
District of the Lutheran Church-Missouri Synod, a Colorado Non-Profit Corporation, c/o Icenogle,
Norton, and Seter, to vacate a portion of Weld County right-of-way subject to dedicated and
recorded easements and rights-of-way, being fully described in corrected Exhibit "A", a copy of
which is attached hereto and incorporated herein by reference, and
WHEREAS, the Public Works Department recommends approval of said request since
that portion of right-of-way is not needed for the safety and welfare of the traveling public, and
WHEREAS, by notice dated June 22, 1999, and mailed on June 24, 1999, the adjoining
landowners were notified by the Clerk to the Board of a public hearing set for July 7, 1999, to
consider the vacation, in accordance with the requirements of Section 43-2-303(2)(b), C.R.S.,
of that portion of right-of-way which is described above, and
WHEREAS, the Board of County Commissioners convened a public hearing on July 7,
1999, 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 right-
of-way 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 right-of-way, with said vacation to become effective upon recording as
required below, and
WHEREAS, the original Exhibit "A" included information unrelated to the vacated
roadway which may cause confusion.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Road Petition from The Rocky Mountain District of the
Lutheran Church-Missouri Synod, a Colorado Non-Profit Corporation, % Icenogle, Norton, and
Seter, be, and hereby is, accepted with a corrected Exhibit "A."
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riNt lll1 2732962 11/15/1999 04:37P JA Suki Tsukamoto E
1 ni fl a ruin 0 0.00 Weld County CO
RE: VACATION OF A PORTION OF RIGHT-OF-WAY (SW4 S1; SE4 S2, T4N, R68W) -
ROCKY MOUNTAIN DISTRICT OF THE LUTHERAN CHURCH
PAGE 2
BE IT FURTHER RESOLVED by the Board that the portion of Weld County right-of-way
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 8th day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
� COUNTY, C• ORADO
ATTEST: 444/1
Dal: K. Hall, Chairman
Weld County Clerk to t r B
/ ..
, p�, // arbara J. Kirkmeyer, Pr.-Tem /
BY: o� w
Deputy Clerk to the U\M f
f. eorge . ter
APPROVED AS TO FORM:
M. J. eile
my Attorney G
Glenn V
11111111111111 111111111III1111111III11111IIIIIIII 992699
2732962 11/15/1999 04:37P JA Suki Tsukamoto EG0002
2 of 3 R 0.00 D 0.00 Weld County CO
Exhibit A
Any right-of-way for County roads thirty (30) feet on either side of the section line as
established by Order of the Weld County Board of Commissioners recorded October 14, 1889,
Book 86, Page 273, lying within the following described parcel:
Parcel 2 of Subdivision Exemption 518, Recorded December 28, 1994 in Book
1473 as Reception No. 24204-75.-, records o€ sa-id- County,- being_ leant-ad in
the SW1/4 of Section 1 and the SE1/4 of Section 2, all in Township 4
North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado,
more particularly described as follows:
Considering the South line of said SW1/4 of Section 1 as bearing North 88
degrees 34 minutes 00 seconds East and with all bearings contained herein
realtive thereto;
Beginning at the Southwest corner of said SW1/4 of said Section 1;
thence along the West line of said SW1/4 North 01 degrees 19 minutes 30
seconds West 38-.80 feet to a_ point on the Northerly right of way of
Colorado State Highway 60 as described in instrument recorded May 3, 195T
in Book 1477 at Page 12, records of said County, said point being the
True Point of Beginning;
thence along said Northerly right of way North 88 degrees 34 minutes 00
seconds East 667.40 feet to a point on the Southerly prolongation of the
Easterly line of that certain parcel of land surveyed for the Town of
Johnstown, Colorado as shown on map prepared by Zoyiopoulos and
Associates dated November 15, 1982 and on record with the Town of
Johnstown;
thence along said Southerly prolongation of said Easterly line North 03
decrees 41 minutes 00 seconds West 380.17 feet to the Southeast corner of
said parcel;
thence along the South line of said Parcel South 88 degrees 41 minutes 10
seconds West 969. 15 feet;
thence leaving said South line South 382.02 feet to a point on the said
Northerly right of way of Colorado State Highway 60;
thence along said Northerly right of way North 88 degrees 34 minutes 00
seconds East 326.23 feet to a point on the West line of said SW1/4 and
the True Point of Beginning.
EXCEPTING THEREFROM a parcel of land as described as follows:
(v
o ' - Beginning at the Southwest corner of Section 1, Township 4 North, Range
40= 68 West of -the 6th P.M. , County of Weld, State of Colorado;
CO ro a thence along the West line of said Southwest 1/4 North 01 degrees 19
'3_Alla minutes 30 seconds West 38.80 feet to a point on the Northerly right of
C C`— way of Colorado- State- Highway- 60- as- describe& in instrumentrecorded May
3-,- 19-57 in_ Book 1477 at Page 12 records of said County;
e thence along said Northerly right of way North 88 degrees- 3-4 minutes 00 •
o co seconds East 217.53 feet to the True Point of Beginning;
a oom thence continuing along said Northerly right of way North 88 degrees 34
—2= minutes 00 seconds East 449.87 feet;
*k,— thence leaving_ saidright of way North 03 degrees 41 minutes 00 seconds
flt-ei West 126.68 feet•
`= thence- South 7-4 degrees 34 minutes 55 secondsWest 254.06- feet;-
ce a_ thence South 70 degrees 22 minutes 31 seconds West 208.80 feet to the
S c True Point of Beginning.
o00
ALSO EXCEPTING THEREFROM any ortion thereof located within
ls
granted to the Town of Johnstown by instruments recorded in Be
ook 541 at
3 me. Page 243, Book 1361 at Page 17, Book 1369 at Page 417, and Book 732 at
o — Page 545.
ALSO EXCEPTING THEREFROM a parcel of land conveyed to the Department of
Highways, State of Colorado- by deed- recorded May 3-, 1957- in Book 1477 at
Page 12.
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