HomeMy WebLinkAbout981956.tiff RESOLUTION
RE: APPROVE QUIT CLAIM DEED FOR PORTION OF VACATED RIGHT-OF-WAY AND
AUTHORIZE CHAIR TO SIGN - CASS FARMS COMPANY
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 Quit Claim Deed for a portion of
vacated right-of-way from the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, to Cass Farms Company, with terms and conditions
being as stated in said deed, and
WHEREAS, after review, the Board deems it advisable to approve said deed, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Quit Claim Deed for a portion of vacated right-of-way from the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
to Cass Farms Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said deed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of October, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE
ELLD COUNTY, COLORADO
ATTEST: jhu ',faring C eA ,e_e—, $16�rib�r�
Constance L Harbert, Chair
County Crk ti1ti4
W. H /ebster, Pro-Tem.' 7i
Deputy Clerk to 'I 111014,,I `-f'� . /Z-Ex�-7
N� e ' eorge E. Baxter
AP VE AS RM: I
Dal K. Hal
my Attorne .Y 4AytA
Barbara J. Kirkmeyer
981956
e_E. C/7/ ri, C Q 5 A r 3 PRm15
TO: Board of County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
CDATE: October 2, 1998
RE: Quit Claim Deed for Cass Farms Company
COLORADO
An Agreement from 1995 between Weld County and Cass Farms Company requires the
Board of County Commissioners to deed Cass Farms the vacated right-of-way in Section 8-7-
62 when the Company obtains ownership to Lot B of Recorded Exemption No. 0715-9-3-RE
583. A copy of the Agreement is attached. The section of the Agreement at issue is Section
6. The right-of-way referred to is part of the abandoned railroad right-of-way for the Union
Pacific which was deeded to Weld County in 1976. The County never used the right-of-way
and vacated it by resolution of the Board in 1991.
Cass Farms obtained Lot B of the Recorded Exemption by Warranty Deed on July 17, 1998.
The Company now owns both sides of the right-of-way. Therefore, it is time to deed the
vacated right-of-way to Cass Farms.
I recommend that the Board approve the Quit Claim Deed to Cass Farms for the vacated
right-of-way located in Section 8-7-62.
j.
,
Bruce T. Darker
Weld County Attorney
BTB/db:Let/BOCC/Cassfarms
Attachment
pc: Drew Scheltinga
981956
093
QUIT CLAIM DEED
THIS DEED is made this 5thday of October, 1998,between Weld County, Colorado, a body politic
and corporate of the State of Colorado of the first part, and to the Cass Farms Company, a Colorado
Corporation, 43251 WCR 77, Briggsdale, CO 80611, of the second part.
WITNESSETH,that the said party of the first part, for and in consideration of the sum of,
$1.00 and other 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:
All of the real property described in the attached Exhibit"A."
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, Constance L. Harbert, Chair of the Board of County
Commissioners of said County of Weld, 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 5th
day of October, 1998,have hereunto set my hand and affixed the seal of said County this 5th day of
October, 1998, for the uses and purposes therein set forth.
ATTEST: IAdA COUNTY OF WELD, STATE OF
" / r A6C'OLORADO, A BODY POLITIC AND
CLERK TO THE BO; I s CORPORATE OF THE STATE OF
COUNTY COMMI . O1 : 1 C'OLORADO
BY: , , ,-. ,ei,1a!sJ,_=.e ��, BY:�.,o . ivXtriedityzez
-
Deputy Clerk to th- : 1k 1 Constance L. Harbert, Chair (10/12/98)
STATE OF COLORADO )
County of Weld ) ss.
The foregoing instrument was acknowledged before me this 5th day of October, 1998, by
Constance L. Harbert, as Chair of the Board of County Commissioners of the County of Weld in the
State of Colorado.
Witness my hand and official seal this ten' day of Oc )ber , A.D., 19 q .
My comm'. • ._D}cpmej
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EXHIBIT "A"
That portion of the former Union Pacific Railroad(UPRR) Right-of-Way located in Section
8, Township 7 North, Range 62 West of the 6th P.M., Weld County, Colorado, vacated as a Weld
County Road Right-of-Way by Resolution of the Board.of County Commissioners of Weld County,
Colorado, dated June 17, 1991, and recorded June 24, 1991, in the Office of the Weld County Clerk
and Recorder at Book 1302,Reception No. 02254247,being more particularly described as follows:
PARCEL #15-A:
Part of the Southwest Quarter(S W 1/4)of Section Eight(8)Township Seven(7)North,Range Sixty-
two (62) West of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado, being
more particularly described as follows:
A strip of land being One Hundred and Fifty feet (150') in width, being Seventy-five feet (75') in
width on each side of the centerline of the former main track of the UPRR, as was previously
surveyed, staked out, and located upon and across the SW1/4 of said Section 8.
The centerline of the former main track of the Union Pacific Railroad (UPRR) crosses the
South line of said Section 8 at a point 1126 feet East of the Southwest Corner of said Section,
thence on a tangent North 20°52' East, a distance of 5720 feet to a point in the North line of
said section, 3056 feet East of the Northwest Corner of said section.
EXCEPT a strip of land Seventy-five feet (75') in width being all that part lying West of the
centerline of the abandoned right-of-way (ROW) of the UPRR as was previously surveyed, staked
out and located upon and across the SWI/4 of said Section 8 and lying South of the Easterly
extension of the North line of Lot "A" of Recorded. Exemption Number 0715-9-3-RE 583 as
recorded January 25, 1983 in Book 0987 as Reception Number 01915437 of the records of the Weld
County Clerk and Recorder.
RESERVING UNTO ITSELF a right-of-way for road purposes Thirty feet (30') in width for Weld
County Road #82 along the South line of said Section 8.
PARCEL. #15-B:
Part of the East Half of the Northwest Quarter(E1/2 NW 1/4)of Section Eight(8), Township Seven
(7)North, Range Sixty-two (62) West of the Sixth Principal Meridian(6th P.M.), County of Weld,
State of Colorado being more particularly described as follows:
A strip of land being Two Hundred feet (200') in width, being one Hundred feet(100') in width on
each side of the centerline of the former main track of the UPRR,as was previously surveyed, staked
out, and located upon and across the E1/2 NW1/4 of said Section 8.
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The centerline of the former main track of the UPRR crosses the South line of said Section
8 at a point 1126 feet East of the Southwest Corner of said section,thence on a tangent North
20°52'East, a distance of 5720 feet to a point in the North line of said section, 3056 feet East
of the Northwest Corner of said section.
RESERVING UNTO ITSELF a right-of-way for road purposes Thirty feet (30 ') in width for Weld
County Road#84 along the North line of said section 8.
It is the intent of these descriptions that the sidelines of these descriptions of said abandoned ROW
be prolonged or shortened to intersect the section lines as herein described or the Easterly extension
of the North line of aforesaid Lot"A."
The parcel numbers as referenced herein are as indicated within that Quit Claim Deed FROM Union
Pacific Land Resources Corporation TO County of Weld, State of Colorado as recorded May 2, 1972
in Book 667 as Reception Number 1588837 of the records of the Weld County Clerk and Recorder.
Page 2 of 2 Pages
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