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RESOLUTION
RE: CONDITIONAL VACATION OF A PORTION OF WELD COUNTY ROAD 62.25, AND
AMEND RESOLUTION DATED JULY 6, 1998, CONTINUING SAID MATTER
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, a road right-of-way, acquired by deed, acceptance of Road Viewers Report,
and/or by prescription, and known as Weld County Road 62.25, exists within Section 36,
Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, extending west
from the intersection of Weld County Roads 25 and 62.25, to the point where Weld County
Road 62.25 crosses the Cache la Poudre River, and
WHEREAS, the property located in Section 36-6-66, which said stretch of Weld County
Road 62.25 traverses, is owned by Dean and Susan Edmundson, and
WHEREAS, the Poudre River Corridor, Inc., Board of Directors has been negotiating
with the Edmundsons to locate the Poudre River Trail on the Edmundson's property, such that it
does not proceed onto said stretch of Weld County Road 62.25, and
WHEREAS, two agreements are currently being negotiated, one between Weld County
and Dean and Susan Edmundson and one between Weld County and the William R. Jones
Ditch Company, for the location of the Poudre River Trail on the Edmundson's property and the
crossing of and relocation of a portion of the Jones Ditch, and
WHEREAS, by letter dated May 26, 1998, and mailed on that date, a copy of which is
attached hereto, the Edmundsons were notified of a public hearing set for July 6, 1998, to
consider the vacation, in accordance with the requirements of C.R.S. § 43-2-303(2)(b), of said
stretch of Weld County Road 62.25, with said vacation being a condition of the agreement with
the Edmundsons, and
WHEREAS, at said hearing on July 6, 1998, the Board continued this matter, by
resolution, to the 20th day of July, 1998, in order to allow time for the negotiations regarding the
agreements to be completed, and
WHEREAS, at its meeting on July 13, 1998, the Board determined that the conditional
vacation of said stretch of Weld County Road 62.25 is necessary to ensure the completion of
the negotiation of said agreements; therefore, the Board deems it necessary to amend said
resolution dated July 6, 1998, to continue this matter to July 13, 1998, and
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-dmon_Son 2673793 02/17/1999 01:50P Weld County CO
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RE: VACATION OF WCR 62.25
PAGE 2
WHEREAS, the Board of County Commissioners now deems it advisable to vacate said
stretch of Weld County Road 62.25, conditional upon Weld County receiving signed copies of
the agreements from Dean and Susan Edmundson and the Jones Ditch Company.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the stretch of Weld County Road 62.25, which exists within
Section 36, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado,
extending west from the intersection of Weld County Roads 25 and 62.25, to the point where
Weld County Road 62.25 crosses the Cache la Poudre River be, and hereby is, vacated, as
conditioned above.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board is directed to
record this Resolution in the Office of the Weld County Clerk and Recorder, but not until after
the Board has received the signed agreements mentioned above and has considered and
approved said agreements by separate Resolution.
BE IT FURTHER RESOLVED by the Board that the resolution dated July 6, 1998, be,
and hereby is, amended to continue said matter to July 13, 1998.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of July, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
�r WELD COUNTY, COLORADO
ATTEST: L<$ V J, EXCUSED
�' ,//. 's'�' �` Constance L. Harbert, Chair
Weld County Clerk to tr :, 'f• 4Pt $
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Deputy Clerk to the Bo Wa. Wt `- f
rge . Baxter
• "RO D AS '• FORM:
`re Da e . Hall
i o A orney EXCUSED
Barbara J. Kirkmeyer
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OFFICE OF BOARD OF COMMISSIONERS
PHONE (970) 356-4000, EXT. 4200
FAX: (970) 352-0242
915 TENTH
58
GREELEY, COP.O. STREET
632
COLORADO
May 26, 1998
Dean and Susan Edmundson
11651 WCR 62
Greeley, CO 80631
Re: Vacation of WCR 62/
Dear Mr. and Mrs. Edmundson:
This letter is in response to negotiations between Weld County, the Poudre River Trail Corridor,
Inc., the Jones Ditch Company, and yourselves regarding the placement of the Poudre River Trail
on property owned by you and the Jones Ditch. You have drafted an agreement between the
parties which is now being reviewed. The draft agreement provides that you and the Jones Ditch
will grant fee ownership, a lease, and/or easements to Weld County for the location of the Trail.
These grants by you are contingent upon Weld County vacating that portion of Weld County
Road ("WCR") 6214 which traverses your property.
The Board of County Commissioners is aware of these negotiations and is appreciative of your
offer. In order to allow the Trail Corridor Board to proceed with the installation of a bridge
across the Poudre River during the course of these agreement negotiations, you have asked for
some assurance from the Board that the vacation will indeed take place. Please he advised that
the process for vacation of any right-of-way is for the Board to set a hearing on the vacation and
to give notice to certain adjacent landowners, pursuant to C.R.S., §§ 43-2-301, et. sec'. The
Board therefore cannot give any assurances of the vacation of the roadway other than to inform
you that the matter of the vacation has been placed upon the Board's agenda for hearing on
Monday, July 6, 1998. This setting will give the parties sufficient time to finish negotiating the
terms of the agreement and will allow the Clerk to the Board time to comply with the notice
requirements of C.R.S., § 43-2-303.
If you should have any questions regarding this letter or the vacation process, please feel free to
call Bruce T. Barker, Weld County Attorney, at(970) 356-4000, ext. 4390.
'g1" 214 14L
981177
Letter, Edmundson
May 26, 1998
Page 2
Sincerely,
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
Constance L. Harbert, Chair
0. K /l_4 r. c.
W. H. Webster, Pro:Tem Georg. Baxter
Dale K. Hall Barbara J. Kirkme er r
pc: Bruce Barker
Drew Scheltinga
Dave Becker
Trail Board
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