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IN THE MATTER OF RESOLUTION ACCEPTING RIGHT-OF-WAY DEED
FOR RE -LOCATION OF A PART OF JOHNSON STREET DESIGNATED
AS SUCH IN PLAT OF HOWSER AND TIMBERS SUBDIVISION, WELD
COUNTY, COLORADO:
WHEREAS, The Southeast Weld County Junior Fair Association,
a Colorado Corporation, of Keenesburg, Weld County, Colorado, has
conveyed to Weld County, Colorado, the right of way for a public
highway over and across the following Real Property situate in
the County of Weld and State of Colorado, to -wit:
The East Fifty (E 50) feet of Tract Three (3), and all of
Lots Twelve (12) and Thirteen (13), in Block One (1) of
Howser and Timbers Subdivision of a portion of the South-
east Quarter (SE4) of the Northeast Quarter (NE4) of
Section Twenty-six (26), in Township Two (2) North, of
Range Sixty-four (64) West of the 6th P.M., together
with a strip of land twenty-five (25) feet in width
abutting said Tract Three (3), and said Lots Twelve
(12) and Thirteen (13), in Block One (1) on the east
between the south boundary line of Kiser Avenue and the
north boundary line of the County road, also called
Woodward Avenue, as shown and designated in Plat of said
Howser and Timbers Subdivision, said strip of land being
seventy-five (75) feet in width and extending from the
south boundary line of Kiser Avenue to the north boundary
line of the County road, also called Woodward Avenue,
as shown in said Plat, and
WHEREAS, the purpose of said conveyance, as aforesaid, is to
re -locate Johnson Street, between the south boundary line of Kiser
Avenue and the North boundary line of the County road, also called
Woodward Avenue, in said Howser and Timbers Subdivision;
NOW THEREFORE, BE IT RESOLVED, by the Board of County Com-
missioners of Weld County, Colorado, that it hereby accepts the
Right of Way Deed conveying the above described strip of land for
the re -location of said Johnson Street, in Howser and Timbers Sub-
division, Weld County, Colorado.
Dated November ? , 1962.
AYES:
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I HE BOARD OF UNTY /
COMMISSIONERS, WELD
COUNTY, COLORADO
Reference is hereby made to Book 1629, Page 499 of the records in
the Office of the County Clerk and Recorder of Weld County, Colorado
for the said Right of Way Deed.
The foregoing is a true copy of Resolution adopted by the Board
of County Commissioners of Weld County, Colorado, at a regular
meeting thereof on Nednesday , the 7th day of N-wember, A.D. 1962.
ipaooa`1
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Clerk of the Board of County
Commissioners, Weld County, Colorado
BY: �4;.�. 7) ,
A.
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DEED
BGGY1629 FAG€499
KNOW ALL MEN BY THESE PRESENTS, That THE SOUTHEAST WELD COUNTY
JUNIOR FAIR ASSOCIATION, a Colorado Corporation, of Keenesburg,
Weld County, Colorado, for the consideration of One Dollar in hand
paid, hereby sells and conveys to Weld County, Colorado, the right
of way for a public highway over and across the following Real
Property situate in the County of Weld and State of Colorado, to -wit
The East Fifty (E 50) feet of Tract Three (3), and all of
Lots Twelve (12) and Thirteen (13), in Block One (1) of
Howser and Timbers Subdivision of a portion of the South-
east Quarter (SE4) of the Northeast Quarter (NE4) of
Section Twenty-six (26), in Township Two (2) North, of
Range Sixty-four (64) West of the 6th P.M., together
with a strip of land twenty-five (25) feet in width
abutting said Tract Three (3), and said Lots Twelve
(12) and Thirteen (13), in Block One (1) on the east
between the south boundary line of Kiser Avenue and the
north boundary line of the County road, also called
Woodward Avenue, as shown and designated in Plat of said
Howser and Timbers Subdivision, said strip of land being
seventy-five (75) feet in width and extending from the
south boundary line of Kiser Avenue to the north
boundary line of the County road, also called Woodward
Avenue, as shown in said Plat.
The consideration herein stated is in full consideration for
all damages which would be considered and assessed in any award
or verdict in a proceeding under the Statutes of Colorado, to con-
demn said strip of land for public road.
Signed and delivered this day of November, A.D 1962.
ATTEST: be,nSecretary
STATE OF COLORADO )
) SS.
COUNTY OF WELD )
THE SOUTHEAST WELD COUNTY JUNIOR
FAIR ASSOCIATION
By
tit Cwt
The foregoing instrument was acknowledged before me this
c_211_ day of November, A:D. 1962 by y., WeaA
President, and -J gitc C. Igoe/ Secretary, of The
Southeast Weld County Junior Fair Association, a Corporation.
WITNESS my hand and Notarial Seal.
My Commission expires: 3-7' G
( j;.
Ajotary Public
F4
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IN THE MATTER OF THE PETITION OF CHARLES
H. STARKS, JOSEPH F. GERHARDT, WYAMA F.
GERHARDT and THE SOUTHEAST WELD COUNTY
JUNIOR FAIR ASSOCIATION, FOR THE VACA-
TION OF A PORTION OF JOHNSON STREET
SHOWN IN PLAT OF "HOWSER AND TIMBERS
SUBDIVISION", WELD COUNTY, COLORADO,
UNDER CRS 120-1-13.
ORDER OF VACATION
WHEREAS, the following named owners of Real Estate set after
their names, have petitioned the Board of County Commissioners of
Weld County, Colorado, to vacate that part of Johnson Street
between the south boundary line of Kiser Avenue and the north
boundary line of the County road, also called Woodward Avenue,
designated as such, in Plat of Howser and Timbers Subdivision
of a portion of the Southeast Quarter (SE4) of the Northeast
Quarter (NE4) of Section Twenty-six (26), in Township Two (2)
North, Range Sixty-four (64) West of the 6th P.M., in Weld County,
Colorado:
a. Charles H. Starks, Tract Four (4) of Howser and Timbers
Subdivision, abutting on the east said Johnson Street,
as platted;
b. Joseph F. Gerhardt and Wyama F. Gerhardt, as joint
tenants and not as tenants in common, Lots One (1)
and Twenty-four (24), in Block Two (2), of Howser
and Timbers Subdivision, abutting on the east said
Johnson Street, as platted;
c. The Southeast Weld County Junior Fair Association,
Tract Three (3) and Lots Twelve (12) and Thirteen
(13), in Block One (1), of Howser and Timbers Sub-
division, abutting on the west said Johnson Street,
as platted;
WHEREAS, H. H. Howser and L. E. Timbers on May 14, 1920, sub-
divided and platted a portion of the Southeast Quarter (SE4) of
the Northeast Quarter (NE4) of Section Twenty-six (26), in Town-
ship Two (2) North, Range Sixty-four (64) West of the 6th P.M.,
in Weld County, Colorado, as "Howser and Timbers Subdivision" and
dedicated to the public the right of way over and across all
streets, avenues and alleys, as shown on map of said Subdivision
filed for record September 3, 1920, in Book 6 of Maps, Page 45,
in the office of the County Clerk and Recorder of Weld County,
Colorado, and
WHEREAS, Johnson Street, as platted and designated, in said
Subdivision Map, fifty (50) feet in width, between the south
boundary line of Kiser Avenue and the north boundary line of the
County road, also called Woodward Avenue, a distance of six hundred
(600) feet, more or less, has never been used or claimed for use
by the public, and buildings and structures have been erected on
portions of said Johnson Street between the south boundary line of
Kiser Avenue and the north boundary line of the County road, also
called Woodward Avenue, and
WHEREAS, said socalled Johnson Street as actually used by the
public for many years between the south boundary line of Kiser
Avenue and the north boundary line of said County road, also
called Woodward Avenue, lies west of said "Johnson Street" as
platted and laid out in said Howser and Timbers Subdivision and
A
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traverses the East Fifty (E 50) feet of Tract Three (3), and
Lots Thirteen (13) and Twelve (12), in Block One (1) of said
Howser and Timbers Subdivision, and
WHEREAS, no part of said Johnson Street, as platted, between
the south boundary line of Kiser Avenue and the north boundary
line of the County road, also called Woodward Avenue:
a. Constitutes the boundary line between two counties, or
b. Constitutes the boundary line of a City or Town, or
is within the corporate limits of any City or Town, and
WHEREAS, all of said Johnson Street as above described, is
located entirely within Weld County, Colorado;
NOW, THEREFORE, IT IS HEREBY ORDERED, That Johnson Street
as designated and laid out between the south boundary line of
Kiser Avenue and the north boundary line of the County road,
also called Woodward Avenue, in Plat of Howser and Timbers Sub-
division of a portion of the Southeast Quarter (SE') of the North-
east Quarter (NE4) of Section Twenty-six (26), in Township Two
(2) North, Range Sixty-four (64) West of the 6th P.M., in Weld
County, Colorado, be and the same is hereby vacated.
Dated November , 1962.
THE BOARD OF COUNTY COMMISSIONERS
OF )IEhD COUNTY, COLQRADOJ
ATTEST:
Chairman
Clerk of said Board
I, Clerk of The Board of County Commissioners of Weld
County, Colorado, do hereby certify that the foregoing is a
true copy of Order duly made and entered of record in the pro-
ceedings of said Board at a regular meeting thereof on
the day of November, A.D. 1962.
WITNESS My hand and the Seal of said County, this day
of November, A.D. 1962.
Clerk of the Board of County
Commissioners, Weld County,
Colorado
TO THE BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
PETITION TO VACATE ROADWAY
UNDER COLORADO REVISED
STATUTES 120-1-13
1. That on May 14, 1920, H. H. Howser and L. E. Timbers,
subdivided and platted a portion of the Southeast Quarter (SE4)
of the Northeast Quarter (NEk) of Section Twenty-six (26), in
Township Two (2) North, Range Sixty-four (64) West of the 6th
P.M., in Weld County, Colorado, as "Howser and Timbers Sub-
division" and dedicated to the public the right of way over and
across all streets, avenues and alleys, as shown on map of said
Subdivision, filed for record September 3, 1920, in Book 6 of
Maps, Page 45, in the office of the County Clerk and Recorder
of Weld County, Colorado. A copy of plat of said Subdivision
is hereto attached and marked Exhibit 1.
2. That J:chnson Street, as platted and designated, in said
Subdivision Map, fifty (50) feet in width, between the south
boundary line of Kiser Avenue and the north boundary line of
the County road, also called Woodward Avenue, a distance of
six hundred (600) feet, more or less, has never been used or
claimed for use by the public, and buildings and structures have
been erected on portions of said Johnson Street between the
south boundary line of Kiser Avenue and the north boundary line
of the County road, also called Woodward Avenue;
3. That said socalled Johnson Street as actually used by
the public for many years between the south boundary line of
Kiser Avenue and the north boundary line of said County road,
also called Woodward Avenue, lies west of said "Johnson Street"
as platted and laid out in said Howser and Timbers Subdivision,
and traverses the east fifty (E 50) feet of Tract Three (3),
and Lots Thirteen (13) and Twelve (12), in Block One (1) of
said Howser and Timbers Subdivision. A copy of plat and survey
of relocated Johnson Street as actually used is hereto attached
and marked Exhibit 2.
4. That the owners of the property and premises abutting
on Johnson Street as platted, between the south boundary line
of Kiser Avenue and the north boundary line of the County road,
also called Woodward Avenue, are:
a. Charles H. Starks, Tract Four (4) of Howser and
Timbers Subdivision, abutting on the east said
Johnson Street, as platted;
b. Joseph F. Gerhardt and Wyama F. Gerhardt, as
joint tenants and not as tenants in common,
Lots One (1) and Twenty-four (24), in Block
Two (2), of Howser and Timbers Subdivision,
abutting on the east said Johnson Street, as
platted;
c. The Southeast Weld County Junior Fair Association,
Tract Three (3) and Lots Twelve (12) and Thirteen
(13), in Block One (1), of Howser and Timbers Sub-
division, abutting on the west said Johnson Street,
as platted;
5. That •to said Johnson Street, as latted, between the
south boundary line of Kiser Avenue and the north boundary line
of the County road, also called Woodward Avenue:
a. No part thereof constitutes the boundary line
between two counties;
b. No part thereof constitutes the boundary line of a City
or Town, or is within the corporate limits of any City
or Town;
c. No existing rights of way or easements for sewer, gas,
water or similar pipelines and appurtenances, or for
ditches or canals and appurtenances, or for electric,
telephone and similar lines and appurtenances extend
over and along that portion of Johnson Street, above
described.
And further, all of said Johnson Street, as above described,
is located entirely within Weld County, Colorado;
6. That concurrently herewith, Petitioners present an executed
Deed of The Southeast Weld County Junior Fair Association, owner of
the hereinafter described premises, conveying to Weld County, Colorado,
the right of way for a public highway for said socalled Johnson Street,
as now used and established, and described as follows:
The East Fifty (E 50) feet of Tract Three (3), and all of
Lots Twelve (12) and Thirteen (13), in Block One (1) of
Howser and Timbers Subdivision of a portion of the South-
east Quarter (SE4) of the Northeast Quarter (NE4) of Section
Twenty-six (26), in Township Two (2) North, of Range Sixty-
four (64) West of the 6th P.M., in Weld County, Colorado,
together with a strip of land twenty-five (25) feet in width
abutting said Tract Three (3), and said Lots Twelve (12) and
Thirteen (13), in Block One (1), on the east between the
south boundary line of Kiser Avenue and the north boundary
line of the County road, also called Woodward Avenue, as
shown and designated in Fiat of said Howser and Timbers Sub-
division, said strip of land being seventy-five (75) feet
in width and extending from the south boundary line of Kiser
Avenue to the north boundary line of the County road, also
called Woodward Avenue, as shown in said Plat.
WHEREFORE, Petitioners pray that Johnson Street, as designated
in Plat of Howser and Timbers Subdivision between the south boundary
line of Kiser Avenue and the north boundary line of the County road,
also called Woodward Avenue, be vacated by/Order of your Honorable
Board. /
Charles H. Starks?
John W. Henderson
First National Bank Bldg.
Greeley, Colorado
Attorney for Petitioners
JOse?1'i F. Geih9tdt
2//
/47 /71 II
Wyama F. Gerhardt
THE SOUTHEAST WELD COUNTY JUNIOR
FAIR ASSOCIATION
By / /1 JC
President
PETITIONERS
Keenesburg, Colorado
-2-
•
The foregoing acknowledged before me this
day of November, A.D. 1962, by C ries H. Starks oseph
F. Gerhardt, Wyama F. Gerhardt, and 1 e e 2
,,
ssociation.
WITNESS my hand and Notarial Seal.
My Commission expires: .7-7-4'4%.
STATE OF COLORADO
SS.
COUNTY OF WELD
instrument
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President of The Southeast Weld
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County Junior Fair A
ary Public
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Engineers and Surveyors
P. 0. Box 124
BRIGHTON, COLORADO
ATlas 8-6639
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CERTIFICATE OF SURVEY
certify that on the 24th day of August; 1962, a survey iMB.d aadb
direction of Lots- 1 through 6 and Lots 19 through 24 inolueive,
2, Howeer and Timbers Subdivision, Weld County, Colorado, and
survey and the accompanying plat of said Survey are oorrbot to
of illy knowledge end belief. •
ROBERT U BANed
160 '4 HI -Cana •ci
Phoni 659-34
Robert L. Sandaui
Reg. Pk E. & L.S. No. 2827
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