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Home My WebLink About991198.tiff RESOLUTION o L: 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 S2, T4N, R68) - ROCKY MOUNTAIN DISTRICT OF THE LUTERAN 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 Road Petition from The Rocky Mountain District of the Lutheran Church-Missouri Synod, a Colorado Non-Profit Corporation, % Icenogle, Norton, and Seter, a copy of which is attached hereto and included by reference, requesting vacation of a portion of Weld County right-of-way subject to dedicated and recorded easements and rights-of-way, being fully described in 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. ry , a. (Lein INFIRM III EMI III MILE III III 991198 2709026 07/26/1909 09:57R Wald CeuntY CO EG00O.2 1 of 11 R 0.00 D 0.00 JA Suit! Tsukamoto RE: VACATION OF'A PORTION OF RIGHT-OF-WAY - SW4 S1; SE4 S2, T4N, R68W PAGE 2 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. 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 7th day of July, A.D., 1999. BOARD OF COUNTY COMMISSIONERS ,- rOUNTY, CO ORADO ATTEST: Lu I G Dal ?K. Hall, Chairm Weld County Clerk 10 t 614_,� 1,, L? Barbara J. Kirkmeyer, ro-Tem ,/ Deputy Clerk to the Bo�� EXCUSED George E. xter APPRO) D AS TO FORM: 7 J. Bile � ounty Attorney C2 Glenn Vaad 1211126111017/1121611191991111091111711111111111111111103 111111 IIIII 111111111111 IIII IIII 1111111 III 11111 IIII IIII 991198 2709020 07/26/1999 09:'S7P Msld Counly CD FG000.2 2 of 11 R 0.00 D 0.00 JA Suk1 Tsukamoto DELI vtht APR 2 2 i; 39 TRANSNATION TITLE INSURANCE COMPANY 1295 Main St. Windsor, CO 80550 Ankele Incenogle,Norton & Seter 5690 DTC Boulevard, Ste. 300 Greenwood Village, CO 80111-3231 Attn: Kim Seter Order No. 8046586W April 21, 1999 RE: Rocky Mountain District-Lutheran Church/Folker, Teri 4949 State Highway 60 In connection with the above matter, we are enclosing herewith the following: Title Insurance Commitment Certificate of Taxes Due We are pleased to have the opportunity to be of service. If you have any questions or changes, please contact Darella at 970-686-0867 cc: Teri Folker Rocky Mountain District of the Lutheran Attn: Office Manager Transnation Title Insurance Company Attn: Darella 111111 111111 IIII IIII 1111111 III IIIII IIII IIII 2709026 07/26/1999 09:67A Weld County CO 3 of 11 R 0.00 D 0.00 JA Suk! Teukamoto TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8046586W 1. Effective Date: April 13, 1999 at 7:00 A.M. 2. Policy or policies to be issued: Amount Premium A. ALTA Owner's Policy $ 318, 000.00 $953 .00 Proposed Insured: The Rocky Mountain District of the Lutheran Church-Missouri Synod, a Colorado Non-Profit Corporation B. ALTA Loan Policy $ $ Proposed Insured: Tax Certificate $15. 00 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Teri Folker 4 . The land referred to in this commitment is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSNATION TITLE INSURANCE COMPANY By Wanda L. Calhoon Authorized Signature Issued: April 21, 1999 WLC/bjm 121119011119„111111111211111111111119911 11111 19 1��1111��1111��1111��9911 tilt 4 of 11 R 0.00 0 0.00 JA Suki Taukamolo TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046586W - SCHEDULE A - Continued LEGAL DESCRIPTION Parcel 2 of Subdivision Exemption 518, Recorded December 28, 1994 in Book 1473 as Reception No. 2420475, records of said County, being located 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 , 1957 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: Beginning at the Southwest corner of Section 1, Township 4 North, Range 68 West of the 6th P.M. County of Weld, State of Colorado; thence along the West line of said Southwest 1/4 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, 1957 in Book 1477 at Page 12 records of said County; thence along said Northerly right of way North 88 degrees 34 minutes 00 seconds East 217.53 feet to the True Point of Beginning; thence continuing along said Northerly right of way North 88 degrees 34 minutes 00 seconds East 449.87 feet; Page 2 1 11111 11111 111111 111111 1111 1111 1111111I I 1111111111 III I S7of 11 R70?001D 0.00 JPpSuitt nuakamo eld Count CO to TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046586W SCHEDULE A - Continued LEGAL DESCRIPTION thence leaving said right of way North 03 degrees 41 minutes 00 seconds West 126.68 feet; thence South 74 degrees 34 minutes 55 seconds West 254 .06 feet; thence South 70 degrees 22 minutes 31 seconds West 208.80 feet to the True Point of Beginning. ALSO EXCEPTING THEREFROM any portion thereof located within parcels granted to the Town of Johnstown by instruments recorded in Book 541 at Page 243, Book 1361 at Page 17, Book 1369 at Page 417, and Book 732 at 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. Page 3 11111111111111111111111IIII 11111111111111 11111111 2709026 911 R 0.00 1D0.00 JA Suki Tsuksme 9 09:57A Weld County CO t. 8 of • TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046586W SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100,000.00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. A. Partial Release by the Public Trustee, releasing subject property from the lien of: Deed of Trust from Osmund B. Abrams and Mary Ann Abrams to the Public Trustee of the County of Larimer for the use of The Home State Bank to secure $245,000.00 dated April 29, 1991 recorded June 21, 1991 in Book 1302 as Reception No. 2254002. B. Release by the Public Trustee of: Deed of Trust from Rocky Folker and Teri Folker to the Public Trustee of the County of Weld for the use of The First National Bank of Johnstown to secure $80, 000. 00 dated June 26, 1995 recorded June 27, 1995 in Book 1498 as Reception No. 2444279. Page 4 111111111111111111111111 IIII IIII 1111111 III IIIII IIII IIII 2709028 07/26/1999 09:57A Weld County CO 7 of 11 R 0.00 D 0.00 JA Sukl Tsukamoto • TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046566W - SCHEDULE A - Continued REQUIREMENTS C. Release by the Public Trustee of: Deed of Trust from Rocky Folker and Teri Folker to the Public Trustee of the County of Weld for the use of The First National Bank of Johnstown to secure $50,000.00 dated June 26, 1995 recorded June 27, 1995 in Book 1498 as Reception No. 2444280. D. Certified copy of Certificate of Incorporation of The Rocky Mountain District of the Lutheran Church-Missouri Synod, a Non-Profit Corporation, issued by the Secretary of State, State of Colorado. E. Certified copy of Resolution of the governing board of the The Rocky Mountain District of the Lutheran Church-Missouri Synod, a Colorado Non-Profit Corporation authorizing the acquisition and reciting that the board has been duly authorized in the premises by the congregation. Said Resolution must be properly certified by an Officer of the corporation with Corporate Seal affixed. Said Resolution must be submitted to and approved by the Company, but need not be recorded. F. Proper showing as to the present discipline, by-laws or other rules and regulations of The Rocky Mountain District of the Lutheran Church-Missouri Synod, a Colorado Non-Profit Corporation insofar as the same pertains to and authorizes the above. contemplated transaction. The showing need only be to the Company and no documents need be recorded. NOTE: In the event that said discipline, by-laws or the rules and regulations do not authorize the contemplated real estate transaction, additional requirements may be necessary. G. Deed from Teri Folker to The Rocky Mountain District of the Lutheran Church-Missouri Synod, a Colorado Non-Profit Corporation. Page 5 111111111111111111111111 IIII IIII 1111111 III 11111 H IR 2709026 07/26/1999 09:57A Weld County CO 8 of 11 R 0.00 D 0.00 JA Sukl Teukamoto TRANSNATION TITLE INSURANCE COMPANY Commitment No. : E6046586W SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection 1pM�Jt of the premises would disclose and which are not shown by the public records. A Any lien, or right to a lien, for services, labor or material (e+%�} theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the �Q% proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6. a. Taxes due and payable; and any tax, special assessments, charge � or lien imposed for water or sewer service, or for any other cam"S special taxing district. b. Any and all unredeemed tax sales, if any. Note:Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 6 1 111111 11111 111111 111111 1111 1111 1111111 111111 1111 1111 29Tof026 11 R70.001D99 0.00 JAp Weld Count Duki Tauk mo 0 to TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046586W SCHEDULE B - Continued EXCEPTIONS 7. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 ,. 8. Reservations made by the Union Pacific Railway Company in deed recorded May 22, 1889 in Book 86 at Page 100 and any interests therein or rights thereunder. (Affects Section 1) 9. Right of way whether in fee or easement only for Hewlett Draw and drainage as evidence by deed recorded May 5, 1902 in Book 190 at Page 362, and Decree recorded February 23, 1937 in Book 1005 at Page 635, in which the specific location is not defined. (Affects Sections 1 and 2) 10. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded January 29, 1894 in Book 51 at Pace 245. (Affects Section 2) 11. Rights of way whether in fee or easement only as contained in Decree recorded November 29, 1924 in Book 732 at Page 265 and September 29, 1925 in Book 779 at Page 371. (Affects Section 2) 12 . Terms, agreements, provisions, conditions, obligations and easements as contained in Agreement recorded July 29, 1929 in Book 880 at Page 357. (Affects Section 2) 13 . Right of way, whether in fee or easement only, for various purposes, granted to The Consolidated Home Supply Ditch and Reservoir Company by Minerva B. Abrams and Osmund B. Abrams by instrument recorded November 24, 1972 in Book 680 as Reception No. 1602317, in which the specific location of the easement is not defined. (Affects Section 1) 14. Oil and gas lease between Osmund B. Abrams and Mary Ann Abrams and Carl F. Smith dated March 10, 1977, recorded May 23 , 1977 in Book 798 as Reception No. 1719848, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106( by Paul M. Mershon, Jr. , recorded July 10, 1981 in Book 941 as Page 7 ( 11111111111 111111 111111111111111111111 III 111111 III It 27100 of 11 0 R/0.00'0 0.00yIA Suk1 Tsukamote TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8046586W SCHEDULE B - Continued EXCEPTIONS Reception No. 1863051. (Affects Sections 1 and 2) 15. Right of way, whether in fee or easement only, to lay, construct, maintain, lower, inspect, repair, replace, relocated, change the size of, operate, and remove a pipe line and appurtenances, granted to Panhandle Eastern Pipe Line Company, a Delaware Corporation by Osmund B. Abrams and Mary Ann Abrams by instrument recorded August 8, 1983 in Book 1004 as Reception No. 1936299, in which the specific location of the easement is not defined. (Affects Sections 1 and 2) NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book 1229 as Reception No. 2175917 . (d) Western Gas Supply Company, Recorded April 2, 1985 in Book 1063 as Reception No. 2004300. (e) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 as Reception No. 2058722. (f) United Power, Inc. , formerly Union Rural Electric Association, Inc. , recorded January 24, 1991 in Book 1288 as Reception No. 02239296. Page 8 l llllll!Illl Illlll llllll IIII IIII Illl'll III illlll III 11144 -e �t R 0 A D 0 A JR Suit: to kemelo NOTICE Pursuant to Section 43-2-303, C.R.S., and Weld County Ordinances and Resolutions, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, during its regular Board meeting. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. DATE: July 7, 1999 TIME: 9:00 a.m. APPLICANT: The Rocky Mountain District of the Lutheran Church-Missouri Synod, a Colorado Non-Profit Corporation % Icenogle, Norton, and Seter 5690 DTC Boulevard, Suite 300 Greenwood Village, Colorado 80111-3232 REQUEST: Petition to Vacate a portion of Weld County right-of-way 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 the SW'/ of Section 1 and the SE'V4 of Section 2, all in Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 22, 1999 991198 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, Certified mail, postage prepaid, addressed to the following property cwners. DATED this 24th day of June, 1999. THE ROCKY MOIJNTAIN DISTRICT OF THE LUTHERAN CHURCH- MISSOURI SYNOD, A COLORADO NON-PROFIT CORPORATION, % ICENOGLE, NORTON, AND SETER 5690 DTC BOULEVARD, SUITE 300 GREENWOOD VILLAGE, COLORADO 80111-3232 TERI FOLKER 4949 STATE HIGHWAY 60 PO BOX 182 JOHNSTOWN CO 80534 TOWN OF JOHNSTOWN 101 CHARLOTTE STREET PO BOX 609 JOHNSTOWN CO 80534 Deputy Clerk to the Board ICENOGLE, NORTON & SETER _1 n r T. Edward Icenogle A Professional Corporation '' - ; Barbara K.Tenney Charles E. Norton Attorneys at Law C - Tamara K. Glllda Kim J. Seter 5690 DTC Boulevard 1„, ^ , n,t „a 7 Erin M. Smith Suite 300 •- ' ' ' / Alan D. Pogue Greenwood Village, Colorado 80111-3232 Shelley A. Sackett Edward J. Blieszner Telephone(303) 773-1666 r.' - Dawn C.Watkins of Counsel Facsimile(303) 773-1883 - Dianne D. Miller INS@inspc.com June 4, 1999 VIA FACSIMILE 970-352-0242 AND U.S. MAIL � r3Ti ,`, Bruce Barker, Esq. Weld County Attorney JUN 0 8 1999 P.O. Box 758 915 10th Street ' .. - ,_C Gout Greeley, Colorado 60632 - r c Re: Request for Vacation of Road Right-of-Way Easement Dear Mr. Barker: This firm represents the Rocky Mountain District of the Lutheran Church — Missouri Synod. The District currently has a piece of property under contract located in Johnstown, Colorado as described in the attached Title Commitment. The property is bisected by a right of way for county roads which was established by the county commissioners 30' on each side of all section lines and township lines in the county. The Commissioners' Order was recorded October 14, 1889 in Book 86 at page 273 of the real property records. The enclosed survey drawing shows the location of the easement on the property. The easement does not appear to provide any benefit to the county. The Johnstown Reservoir on the North side of the property is in the middle of the easement and would prevent any continuous roadway. As a party with an interest in the property, the District respectfully requests the Board of County Commissioners to vacate that portion of the easement that pertains to this property. We will provide you with the legal description of the easement as soon as it is available to us. Please let me know of any way in which I might expedite the process or assist you and the Board in considering this matter. Your assistance is greatly appreciated. Sincerely, ICENOGLE, NORTON & SETER A Professional Corporation Kim Jrheter J KJS/jvb Enclosure Cc: Bernie Braunschweig, w/enc. Roger Prenzlow, w/enc. RMDLC/LTRS KIS 1217 0452300[.K Report Date:04/19/99 11:28AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 6588 SCHEDULE NO:R0360394 ORDER NO: 8046586W ASSESSED TO: VENDOR NO: 12 - FOLKER TERI TRANSNATION TITLE P O BOX 182 1113 10TH AVE JOHNSTOWN, CO 80534 GREELEY CO 80631 LEGAL DESCRIPTION: 25671 PT SW4 14 68&PT SE4 2 4 68 BEG SW COR SEC 1 NOID19'W 38.8' TO N LN HWY 60&TRUE POB N88D34'E 667.4' NO3D41'W 380.17' TO SE COR OF PARCEL SURVEYED FOR JOHNSTOWN AS SHOWN ON MAP DATED 11!15/82 ON RECORD WITH THE TOWN S88D41'W 969.15' 5382.02' TO N LN HWY 60 N88D34'E 326.23' TO POB SUB EXEMPT SE-497 %4949 HWY 60% SITUS: 4949 60 HWY 001 COLORADO 00000 PARCEL: 106101000028 SITUS ADD: 4949 60 HWY WELD TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE 1998 TAX 1,818.60 0.00 0.00 1,818.60 TOTAL TAXES 1,818.60 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE GOOD THROUGH 04/19/1999 1,818.60 ORIGINAL TAX BILLING FOR 1998 TAX DISTRICT 0520- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 500.70 Land 3981 1160 SCHOOL DIST REST 42.948 975.78 Exempt 0 0 NCW WATER 1.000 22.72 Improve 221314 21560 LTW WATER 0.000 0.00 ------- --- -- JOHNSTOWN FIRE 4.856 110.33 Total 225295 22720 AIMS JUNIOR COL 6.253 142.07 THOMPSON RIVER REC 1.500 34.08 WELD LIBRARY 1.449 32.92 80.044 1,818.60 - TAXES FOR 1998 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 2, REAL PROPERTY-AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes, transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may� still anll be redeemed with the amount required for redemption ate as noted herein.In witness whereof,I have hereunto set y'/f L f` gal! 04/19/999.. TREASURER,WELD COLNTY, ARTHUR L.WILLIS H, BY l}i l ✓ • �eX w+ P.O.Box 458 Greeley, CO 80632 (970)353-3845 ext.3290 ISSUED BY TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment,Conditions and Stipulations attached,to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. TRANSNATION TITLE INSURANCE COMPANY (i : '1Attest: /7GdsNG� �Y v h BY1,Secretary President 4O. NARizoter Conditions and Stipulations 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations,and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or :ights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment-1966 Cover Page VJ \ \ \ I O N 1 \ \ I \ \ T- \ \ \ to to v N al �r\ — • I V $a \ r6y O "v) \ cA O ° 0- \ \ \ N v r = \ o E o` \ \ W o Io o N o a 3 n I =� m col of \ \ \ N c I O m \ rVI \ A � 1 v\ a N 0 vI VI s aa v C � °0 ICI c° \ oo 0_ N v v 2 O o ` u in coL (1, 0' 0 333 • Co c rn ‘ 1n -011930r 2654 91' m _ �°_^� w om L— oco a.-u-� U I N a a o ,_ S 1-'31 u -` s • i 3 v v u N O yE m v o d o ro Co F VC w oo in N o a .. 84 011 ___ u 3 a . a n 3 , U: 9 Is '�.' n L v • -^ 1 Ir FY ( I• .1- , , .� ' III L] np I / r� I I' f0 I Y 1 • 1 1 I �I I / I. x 1 \ `I I I n.( I\ I\1 ) ) 3q itA1 (F).O N� N f. �' �, ori b .1 d ! I , 1 -�� ... : 41 1'55''all, ,:':: 4 41 / ( . � II / x � R] O V':I':::r'''"i U r — O Q — n aQ ry O ze \ N ; o cu ` o I1, • C ,l ,:Q.cr N 3 u,ijli.::4,::, ii cr, U1 W p ; - O t m is v � __ t � E � o v o�xYp rw_—._.Q.—fin n5 , o o _ I -53.49' bbe ��D� W c EL.O JV I -' U N V '55 \ I _, aU • .t w \ I \ o 01 1 or, M1 n N H Y _ a w 0, EN ( , ,,if n a ` Cam ".3. a z II C 5 _ Ea cO li y' ;� Cr _do '�' ° t� _ - 1{,v °I. a Uo z o 0 o - ° a °a u, C o - _ _ a N C - o w r o a m'b 42 w E c- • ry lr .,O 2l> N _ a z Y i r i` 2 m - f, o _ o z V°' of v" , ° r, m \ z a m a,2 JN v ��... Eoc c' o - °ow , ° ° F i t�I- z <i ^ I. o f• inDo c Le= nD o0 S E <•• < 0 z m a c m o S V � z E " E V J u , V W 3 W .2, I I� / VI 7 Y I N ° I. :a 91 m o / 1 7 ° c om - o. w o 0 , U E a E os o;ii r t a o u. cc n, w Um v;Jr a, u `;i ,C Lei a ° .m , - - - o - w o C, C pcp ° tssC'' a °m ° R- ..a _ v U ° m,•5 C m a �I E 0 e v"+ T,m ,you c, ,,co a nn VO ' d o . c JU, < Ec ° ,1, ^ °Ca ,u r ro 2 r, 3 o `I c O Ln 2 0-2 at� im y D 00 DV' N C na a O l w a SX n� 1 E I C V1 „„ C L E '0 'IL. Jv ° m z E n rcN u a E Z at au I ad m. i cc I I z n u z u 1 io 0 i V N E From: FRANK HEMPEN To: CENTDOMAIN.CENTPOST.CGIAUQUE Date: 6/:L8/99 2 :43pm Subject: WCR 11 North of SH 60 Vacation The Public Works Department has no objections to this right of way vacation. We have also contacted Johnstown regarding access to their reservoir. They do not utilize this right of way. CC: DBECKER Jur..e 14, 19?9 To: Weld County From: Teri Folker 4949 State Highway 60 F.O. 'Fox 182 Johnstown, Colorado 90534 This letter is in sunnort of the reauest you have received from the Rocky Mountain District of the Lutheran Church-Missouri Synod to vacate the right of way which would be Weld County Road 11 . It is located in the S'•1 k of Section 1 and the SF II of Section 2, all in Township 4, Range 68. ThP land in aues;tion extends from Highway 6.0 north to the Johnstown Resevoir; a distance of about 400 feet. On this Section line, Weld County Road 11 does not exist for 2 *piles south and does not exist for 7 miles north; and h" then it is in Larimer County. C;ranting this reauest will simnly clean un the title on a small niece of property. Resnectfully, Teri. Folker t1 CLERK TO THE BOARD PHONE 1970) 356-4000, EXT.4218 FAX: (970) 352-0242 PO. BOX 758 GREELEY, COLORADO 80632 COLORADO STATE OF COLORADO) ss COUNTY OF WELD ) This is to verify that on July 7, 1999, the Weld County Board of Commissioners did consider and approve the Petition of The Rocky Mountain District of the Lutheran Church- Missouri Synod, a Colorado Non-Profit Corporation, to vacate a portion of Weld County right-of- way located in the SW'/ of Section 1 and the SE'/ of Section 2, all within Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado, subject to dedicated and recorded easements and rights-of-way. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 7th day of July, 1999JJ/.. $ E1, - �� l lyUY_U�i�� i CLERK TO THE BOARD BY: DEPUTY CLERK TO TH Fax Name: Kim Seter Organization: Icenogle, Norton, and Seter, P.C. Fax: (303)773-1883 From: Esther Gesick, Deputy Clerk to the Board Organization: Weld County Government Phone: (970)356-4000 X4226 Date: July 7, 1999 Subject: Certification re: Right-of-way vacation Pages: 2, including cover sheet Comments: I am sending the original Certification in the mail, and a copy of the resolution will be mailed once it is signed. *** TRANSMISSION REPORT *** PRINT TIME 07/07 '99 14:17 ID:WELD CTY GOVT FAX:9703520242 2CA2SAA00826 US A TIMER=--:-- MAILBOX=--- FILE START MODE LOCATION STORE TX TOTAL CODE No. TIME PAGE PAGE TIME 857 07/07 14:16 TX 101022213037731883 2 2 D0'46" OK ERROR PAGE= Fax Name: Kim Seter Organization: Icenogle, Norton. and Seter, P.C. (303)773-1883 From: ICslher (iesick. Deputy Clerk to the Board Organization: Weld County Government 1'1 c: (970)356-40(1(1 X4226 Dote: Judy 7, 1999 Subject: Certification re: Righl-01=way vacation Pages: 2, including cover sheet Comments: I am sending the original ('crlilication in the mail, and a copy of the resolution will he mailed once it is signed. Hello