HomeMy WebLinkAbout710541.tiff RESOLUTION
RE: ACQUISITION OF FEDERAL REAL ESTATE LOCATED IN WELD
COUNTY FOR A PUBLIC PARK AND RECREATION AREA.
WHEREAS, certain real property owned by the United States, located
in the County of Weld, State of Colorado, has been declared surplus and at
the discretion of the General Services Administration, may be assigned to
the Secretary of the Interior for disposal for public park or recreation
purposes, under the provisions of Section 203(k)(2) of the Federal Property
and Administrative Services Act of 1949 (63 Stat. 387), as amended, and
rules and regulations promulgated pursuant thereto, more particularly
described as follows:
Tracts 100, 100E and 102E as shown on Exhibit A attached
hereto and made a part hereof,
and,
WHEREAS, the County of Weld, State of Colorado, needs and will
utilize said property in perpetuity for a public park or recreation area as
set forth in its application and in accordance with the requirements of said
Act and the rules and regulations promulgated thereunder, and
WHEREAS, the Board of County Commissioners, Weld County,
Colorado, believes it to be in the best interest of Weld County to acquire
such property for a public park and recreation area.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, that application be made to the
Secretary of the Interior for and secure the transfer to it of the above
mentioned property for said use upon and subject to such exceptions, res-
ervations, terms, covenants, agreements, conditions and restrictions as
the Secretary of the Interior, or his authorized representative, may require
in connection with the disposal of said property under said Act and the rules
and regulations issued pursuant thereto.
BE IT FURTHER RESOLVED that the Board of County Commissioners,
Weld County, Colorado, has legal authority, is willing and is in a position to
assume immediate care and maintenance of the property.
BE IT STILL FURTHER RESOLVED that the Board be, and it hereby
is authorized, for and on behalf of the County of Weld, State of Colorado, to
do and perform any and all acts and things which may be necessary to carry
out the foregoing Resolution, including the preparing, making and filing of
plans, applications, reports and other documents, the execution, acceptance,
delivery, and recordation of agreements, deeds, and other instruments
pertaining to the transfer of said property, including the filing of copies of
the application and the conveyance documents in the records of the governing
body, and the payment of any and all sums necessary on account of the
purchase price thereof or fees or costs incurred in connection with the
transfer of said property for survey,title searches, recordation of instruments,
or other costs identified with the Federal surplus property acquisition.
TR boo
710541
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The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on these?", day of December,
1971.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:all*Vkurny
�/yalc of th oard
,. Coen:y C1=rk
'APPROVED AS TO FORM:
,/
'County Attorney
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EXHIBIT A
Tract 100
A tract of land in the NW4 of Sec. 2, T 5 N, R 67 W, 6th P. M. ,
Weld County, Colorado, being more particularly described as
follows: Commencing at the South Quarter Corner of said Sec.
2; thence South 89°08'24" East along the South line of said Sec.
2 for a distance of 233. 32 feet; thence North 1°20' East 1877. 35
feet; North 27°15' West 620 feet; North 11°45' West 230. 18 feet
to the intersection with the South line of said NW+, said point of
intersection being the point of beginning of said tract; South 88°
57'15" East along the South line of said NW4 for a distance of
41. 79 feet; North 00°15'33" West along the East line of said NW4
for a distance of 46. 43 feet; North 11045' West 2'09. 66 feet;
North 00°15'33" West 749. 06 feet; North 88°57'15" West 800
feet; South 000 15'33" East 1000 feet to the intersection with the
South line of said NW4; thence South 88°57'15" East along said
South line to point of beginning, containing 18. 50 acres, more or
less.
The estate to be acquired therein is the fee simple title, subject,
however, to existing easements for public roads and highways,
public utilities, railroads and pipelines.
Tract 101E
All that portion of the following-described strip of land in the SW4
of Sec. 2, T 5 N, R 67 W, 6th P. M. , Weld County, Colorado,
being 100 feet in width having 50 feet on each side of the following
described centerline: Commencing at the Southeast Corner of
said SW4; thence South 89°08'24" East along the South line of
said Sec. 2 for a distance of 233. 32 feet to point of beginning;
thence North 1020' East 1727. 35 feet; thence along a curve to
the left, having a radius of 588. 88 feet for an arc length of 293. 78
feet; North 27°15 West 320 feet; thence along a curve to the right,
having a radius of 1102. 18 feet for an arc length of 298. 17 feet;
North 11°45' West 80. 18 feet to the intersection with the North
line of said SW4. The exterior boundaries of the easement are
lengthened or shortened, as the case may be, to coincide with
the East line of said SW4 of said Sec. 2 on the East, and the North
line of said SW4 of said Sec. 2 on the North, containing 0. 32
acre, more or less.
Tract 102E
All that portion of the following-described strip of land in the Ez
of Sec. 2, T 5 N, R 67 W, 6th P. M. , Weld County, Colorado,
being 100 feet in width having 50 feet on each side of the following
described centerline: Commencing at the Southwest Corner of
said al; thence South 89°08'24" East along the South line of said
Ez for a distance of 233. 32 feet to point of beginning; thence
North 1°20' East 1727. 35 feet; thence along a curve to the left
having a radius of 588. 88 feet, for an arc length of 293. 78 feet;
North 27015' West 320 feet; thence along a curve to the right,
having a radius of 1102. 18 feet, for an arc length of 298. 17
feet; North 11045' West 200 feet. The exterior boundaries of
the easement are lengthened or shortened, as the case may be,
to coincide with the South line of said E7 of said Sec. 2 on the
South, and the West line of said El of said Sec. 2 on the West,
containing 5. 93 acres, more br less.
The estate to be acquired in Tracts 101E and 102E is a perpetual
and assignable exclusive easement and right-of-way to locate,
construct, operate, maintain, repair, patrol, replace and/or
remove an access road and overhead and/or underground electric
power lines and communication lines in, upon, under, over and
across said tracts, together with the right to trim, cut, fell and
remove therefrom all trees, underbrush, obstructions and any
other vegetation, structures or obstacles within the limits of the
right-of-way; and the right to prohibit ingress and egress on and
over said tracts for the purpose of exploring, testing, developing,
producing and removing any minerals, including gas and oil
from the surface of said tracts; subject, however, to existing
easements for public roads and highways, public utilities, rail-
' roads and pipelines.
•
APPLICATION FOR FEDERAL SURPLUS PROPERTY
FOR PUBLIC PARK OR RECREATIONAL PURPOSES
Part "A"
To: Regional Director
Bureau of Outdoor Recreation
Building, 41, Denver Federal Center
Denver, Colorado 80225
The undersigned Weld County, Colorado
(State or local government or instrumentality thereof)
hereinafter referred to as the Applicant or Grantee, acting by and through
Board of Weld County Cnmmissinners, Marshall H. Anderson. Chairman
(Name and Title)
9th Street and 9th Avenue
(Street Address)
of Greeley. Colorado 80631
hereby makes application to the United States pursuant to Section 203(k) (2)
of the Federal Property and Administrative Services Act of 1949 (63 Stat. 387),
as amended, and in accordance with the rules and regulations of the Department
of the Interior, for the transfer of the following property which has been
declared surplus by the General Services Administration and is subject to
assignment to the Secretary of the Interior for disposal for public park or
recreation purposes: (Here insert name, GSA Control Number, and approximate
acreage of the property.)
Atlas E Missile Site, G.S.A. No. C - Colo - 501 - A 18.5 Acres
This property is more fully described in Part "B" of this application,
attached hereto and made a part thereof.
Enclosed herewith is a resolution or certified statement, showing'the
authority of the undersigned to execute this application and to do all
other acts necessary to consummate the transaction.
The undersigned agrees that this application is made subject to the
following terms and conditions:
1. This application and its acceptance by the Department of the Interior
shall constitute the entire agreement between the Applicant and the
Department of the Interior, unless modified in writing signed by
both parties.
2. The descriptions of the property set forth above are believed to
be correct, but any error or omission shall not constitute ground
or reason for nonperformance of the agreement resulting from the
acceptance of this application.
3. It is understood that the property is to be conveyed "As Is" and
"Where Is" without representation, warranty, or guaranty as to
quantity, quality, character, condition, size, or kind, or that
the same is in condition or fit to be used for the purpose intended,
and no claim for any adjustments upon such, grounds will be considered
after this application has been accepted.
4. The Applicant agrees to assume possession of the property within
15 days of any written request given by the Department of the
Interior after the property has been assigned to the Department
of the Interior by the General Services Administration. Should
the Applicant fail to take actual possession within such period,
it shall nonetheless be charged with constructive possession
commencing at 12:01 a.m. , local time, of the 16th day after such
request by the Department of the Interior. The word "possession"
shall mean either actual physical possession or constructive
possession.
5. As of the date of assumption of possession of the property, or the
date of conveyance, whichever occurs first, the Applicant shall
assume responsibility for any general and special real and personal
property taxes which may have been or may be assessed on the
property, and to prorate sums paid, or due to be paid, by the
Federal Government in lieu of taxes.
6. As of the date of assumption of possession of the property, or the
date of conveyance, whichever occurs first, the Applicant shall
assume responsibility for care and handling, and all risks of loss
or damage to the property, and have all obligations and liabilities
of ownership.
7. The Applicant shall on a mutually agreeable date not later than 30
days after the property has been assigned to the Department of the
Interior, or such longer period as may be agreed upon in writing,
tender to the Department of the Interior, the purchase price.
8. Conveyance of the property shall be accomplished by an instrument,
or instruments, in form satisfactory to the Department of the
Interior without warranty, express or implied, and shall contain
reservations, restrictions, and conditions substantially as follows:
A. That the Grantee shall forever use the property in accordance _
with its application, and the approved program of utilization
included in the application.
B. That the Grantee shall, within 6 months of the date of the
deed of conveyance, erect and maintain a sign or marker near
the point of principal access to the conveyed area indicating
that the property is a park or recreation area and is or will be
made available for use by the general public.
C. The property shall not be sold, leased, assigned, or
otherwise disposed of except to another eligible governmental
agency that the Secretary of the Interior agrees in writing
can assure the continued use and maintenance of the property
for public park or public recreational purposes subject to
the same terms and conditions in the original instrument of
fTh
conveyance. 14-Y•.ever, nothin:, in this provision shall preclude
the Grintee from providing related recreational facilities
and services compatibi.e with the approved program. A, above,
through concession agreements entered into with third parties,
provided the prior concurrence of the Secretary of the Interior
in writing is obtained to such agreements.
D. Biennial reports setting forth the use made of the property
during the preceding two-year period shall be prepared by
the Grantee and submitted to the appropriate Regional Office
of the Bureau of Outdoor Recreation at Denver, Colorado for
ten consecutive reports and as further determined by the
Secretary of the Interior.
E. If at any time the United States of America shall determine
that the premises herein conveyed, or any part thereof, are
needed for the national defense, all right, title and interest
in and to said premises, or part thereof determined to be
necessary to such national defense, shall revert to and become
the property of the United States of America.
F. The T?cderal Government shall have the right to reserve all
oil, gas and mineral. rights.
G. Title to the property transferred shall revert to the United
States at its option in the event of noncompliance with any
of the terms and conditions of disposal.
9. The program of utilization included in Part "B" of the application
may be amended, at the request of either the Applicant or the
Federal Government, with the written concurrence of the other party.
Such amendments will be- added to and become a part of the original
application and shall be consistent with purposes for which the
property was transferred. The Applicant further agrees to furnish
such data, maps, reports, and information as may be needed by the
Bureau of Outdoor Recreation.
10. Any title evidence which may be desired by the Applicant will be
procured by the Applicant at its sole cost and expense. The
Federal Government will, however, cooperate with the Applicant or
eiN
• its authorized agent in this connection, and will permit examina-
tion and inspection of such deeds, abstracts, affidavits of title,
judgments in condemnation proceedings, or other documents relating
to the title of the premises and property involved, as it may have
available. It is understood that the Federal Government will not
be obligated to pay for any expense incurred in connection with
title matters or survey of the property.
11. The Applicant shall pay all taxes imposed on this transaction and
shall obtain at its own expense and affix to all instruments of
conveyance and security documents such revenue and documentary
stamps as may be required by Federal and local law. All instru-
ments of conveyance and security documents shall be recorded
within 30 days of their receipt in the manner prescribed by local
recording statutes at the Applicant's expense.
12. The attached "Assurance of Compliance with the Department of the
Interior Regulations under Title VI of the Civil Rights Act of 1964"
is hereby made a part of the application.
r of We d County Co 'ssioners
airman
(Title)
(Dated) .2 - 3/ — 7 /
o+�trPet and 9th Avenue
(Address of Applicant)
aree ey Colorado 80631
ACCEPTANCE BY THE GOVERNMENT
Accepted by and on behalf of the United States of America this
day of ,. 19 .
DEPARTMENT OF THE INTERIOR
By
•
Assurance of Compliance with Department of the Interior Regulations
under Title VI of the Civil Rights Act of 1964
The following agreement is made by the applicant in consideration of and
for the purpose of obtaining the transfer of any or all property covered
by this application and the applicant recognizes and agrees that any such
transfer will be made by the United States in reliance on said agreement. • •
The applicant agrees that (1) the program for or in connection with
which any property covered by this application is transferred to the
applicant will be conducted in compliance with, and the applicant will
' comply with and require any other person (any legal entity) who through
contractual or other arrangements with the applicant is authorized to
provide services or benefits under said program to comply with, all
requirements imposed by or pursuant to the regulations of the Department
of the Interior (43 CFR Part 17) issued under the provisions of Title VI
of the Civil Rights Act of 1964; (2) this agreement shall be subject in
all respects to the provisions of said regulations; (3) the applicant
will promptly take and continue to take such action as may be necessary
to effectuate this agreement; (4) the United States shall have the right
to seek judicial enforcgment of this agreement; and (5) this agreement
shall be binding upon the successors and assigns of the applicant.
• It is agreed that the instrument effecting the transfer to the applicant
of any property covered by this application will contain provisions
satisfactory to the United States incorporating the substance of the
foregoing agreement, such provisions to consist of (a) a conditiqn,
coupled with a right reserved to the United States to cause the property
to revert to the United States in the event of any breach of such
condition, and (b) a covenant running with the land.
•
•
•
•
•
Part "B"
(of application dated December 29, 1971 )
1 . Description of property. This application refers to property known as
Atlas E Missile Site GSA No. C-00L0-501-A located west of Greeley containing
approximately 18.5 acres, in addition to the site, easements covering approxi-
mately 240 acres additional . These easements are also needed for proper use
of the facility. The meets and bounds description of the property is attached
hereto as Exhibit A and a map is attached hereto as Exhibit B.
2. Need.
a. This land is needed for park and recreation purposes because there
are no such facilities located within several miles in all directions
from this area.
b. It is the intent of Weld County to develop this area as a park and
recreation area to be used for picnicking, overnight camping, and other
outdoor recreational uses with the missile silo to be developed as an
historic point of interest.
c. The City of Greeley represents approximately 50% of the total popu-
lation of Weld County. Approximately 75% of all new residential con-
struction in Weld County is taking place west of Greeley toward the
property being applied for. The missile site area would be located
within 12 miles of approximately 65% of the total population of Weld
County.
d. In our opinion this area is needed for park and recreational pur-
poses because there are no other such facilities within six miles in
all directions and there are no overnight camping areas within fifteen
miles of this area in Weld County. The park and recreational facilities
within the City of Greeley are being used to the fullest extent with
overcrowding on many occasions.
e. More and more people are taking advantage of recreation, thus the
need for more such areas.
f. There are no parks and recreation facilities in the area and in
our opinion there is a distinct need for same.
g. The anticipated volume of public use would be approximately 10,000
visits annually.
3. Suitability.
a. This area is suitable for the proposed use since it is located
in an area which is used for agricultural purposes and is located so
as to be accessible by U.S. Highway #34 as well as State Highway #257.
b. There are no outstanding easements, rights of use, or other encum-
brances which would affect the area for the intended use.
•
c. This property is accessible from U.S. Highway #34, State Highway
#257, connected to State Highway #392, with feeders from State Highway
#14 and Interstate Highway #25 and Highway #85. A vicinity map is
attached hereto as Exhibit C.
d. It is our intent to preserve the missile silo as an historic site.
4. Capability. Weld County has legal authority as provided by statute and
funds for acquisition, maintenance and operation of the property as a
public park and recreational area will be obtained through taxation.
Adequate staff resources would be made available in the same manner.
5. Program of Utilization.
a. This area would be used as an historic site, picnicking, overnight
camping, tennis, baseball and horse shoes.
b. A proposed development plan is attached hereto as Exhibit D.
c. Year Development Estimated Cost
1972 Acquisition of site -0-
1973 Detailed planning, financing, and land
clearance and management $ 20,000
1974 Sprinkling system, grass, trees and
restrooms $ 50,000
1975 Caretaker residence, overnight camping
pads, picnic tables $ 35,000
1976 Development of missile silo for historic
site, interior roads $ 35,000
1977 Tennis courts, baseball diamonds, bleachers $ 30,000
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UNITED STATES OF AMERICA a c
GENERAL SERVICES ADMINISTRATION °
a
Region 8
* "`
Denver Federal Center Q
November 17, 1971 Denver, Colorado 80225
BUR D
COUNTY OF WELD
CERTIFIED MAIL Filed v.:[h th C:,rk of the Board
RETURN RECEIPT REQUESTED of County Co.nmisslonors
NOV 92 1971
Mr. Marshall Anderson, Chairman COUNTY CLERK AHD RECORDER
Board of County Commissioners By Deputy
Weld County •
Greeley, Colorado 80631
Dear Mr. Anderson:
Notice is hereby given that the former Atlas E Missile Site, located six miles
south of Windsor, Colorado and north of U.S. Highway 34, has been determined
surplus.
Included in the attached notice are a description of the property and procedural
instructions to be followed if any public agency desires to submit an application
for the property. Please note particularly the name and address given for filing
written notice if any public agency desires to submit such an application, the
time limitation within which written notice must be filed, and the required content
of such notice. Additional instructions are provided for the submission of comments
regarding any incompatibility of the disposal with any public agency's development
plans and programs.
In order to insure that all interested parties are informed of the availability of this
property, please have the additional copies of the attached notice posted in
appropriate conspicuous places. This notice is also being sent to the Governor of
Colorado, the Mayor of Greeley and the Mayor of Windsor.
Your attention is called to Section 803 of the Federal Urban Land Use Act which
provides as follows:
As the head of the governing body of the unit of general local government
having jurisdiction over zoning and land-use regulations in the geographical
area within which the surplus property is located, you also may be interested
in Section 803 of the Federal Property and Administrative Services Act of
1949, as amended, 82 Stat. 1105, a copy of which is attached for ready
reference.
11 Keep Freedom in Your Future With U.S. Savings Bonds
C"
It is requested that the information contemplated by Section 803 (b) be
forwarded this office within the same 20-calendar day period prescribed in
the attached notice of surplus determination for the advising of a desire to
acquire the property. If the property is unzoned and you desire the oppor-
tunity to accomplish such zoning in accordance with local comprehensive
planning pursuant to Section 803 (a), please so advise us in writing within
the same time frame and let us know the time you will require for the pro-
mulgation of such zoning regulations. We will not delay sale of the real
property pending such zoning for more than 50 days from the date of this
notice. However, if you will not be able to accomplish the desired zoning
before the property is placed on sale, we will advise prospective purchasers
of the pending zoning in process.
Sincerely,
6-1 r fr
ROBERT E. WAGGON
Regional Administrator
Enclosures
(1) Disclose the contemplated use of the property.
(2) Contain a citation of the applicable statute or statutes under which the
public agencies desire to procure the property.
(3) Disclose the nature of the interest if an interest less than fee title to the
property is contemplated.
(4) State the length of time required to develop and submit a formal applica-
tion for the property (where a payment to the Government is required under
the statute, include a statement as to whether funds are available, and if
not, the period required to obtain funds); and
(5) Give the reason for the time required to develop and submit a formal appli-
cation.
Planning for a public park or recreation area of property sought to be acquired subject
to a public benefit allowance must be coordinated with the Department of the Interior,
Bureau of Outdoor Recreation, Regional Director, Building 41, Denver Federal Center,
Denver, Colorado 80225.
Any planning for an educational or public health use of the property sought to be
acquired subject to a public benefit allowance must be coordinated with the Depart-
ment of Health, Education and Welfare, Division of Surplus Property Utilization,
Regional Representative, Mr. Clayton S. Brown, Federal Office Building, Denver,
Colorado. An application form to acquire property for an educational or public health
requirement and instructions for the preparation and submission of an application may
be obtained from that office. Application forms or instructions to acquire real property
for all other public use requirements may be obtained from General Services Admini-
stration, Property Management and Disposal Service, Real Property Division, Building
41, Denver Federal Center, Denver, Colorado 80225.
In the absence of such written notice, or in the event a public use proposal is not ap-
proved, the regulations issued pursuant to authority contained in the Federal Property
and Administrative Services Act of 1949, provide for offering the property for sale for
its highest and best use.
If any public agency considers that the proposed disposal of the property is incompatible
with its development plans and programs, notice of such incompatibility must be forwarded
to General Services Administration, Property Management and Disposal Service, Real
Property Division, Building 41, Denver Federal Center, Denver, Colorado 80225, within
the same time frame prescribed above.
•
•
FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED
TITLE VIII - URBAN LAND UTILIZATION
DISPOSAL OF URBAN LANDS
SECTION 803
(a) Whenever the Administrator contemplates the disposal for or on behalf of
any Federal agency of any real property situated within an urban area, he shall,
prior to offering such land for sale, give reasonable notice to the head of the
governing body of the unit of general local government having jurisdiction over
zoning and land-use regulations in the geographical area within which the land
or lands are located in order to afford the government the opportunity of zoning
for the use of such land in accordance with local comprehensive planning.
(b) The Administrator, to the greatest practicable extent, shall furnish to all
prospective purchasers of such real property, full and complete information
concerning:
(I) Current zoning regulations and prospective zoning requirements
and objectives for such property when it is unzoned; and
(2) Current availability to such property of streets, sidewalks,
sewers, water, street lights, and other service facilities and
prospective availability of such services if such property is
included in comprehensive planning.
OF COLD
COUNTY OF WELD et
Filed Ndh the Clerk of the Board
of County Commissioners
NOV 2? 1971
C
COUNTY CLERK AND RECORD.-Ft
By Deputy
r
- United States Department of the Interior
.h/A BUREAU OF OUTDOOR RECREATION
'..„,... MID-CONTINENT REGION
BUILDING 41, DENVER FEDERAL CENTER
DENVER, COLORADO 80225
IN REPLY REFER TO:
L2225 MAY 12 1972
Mr. Marshall H. Anderson, Chairman
Board of County Commissioners
9th Street & 9th Avenue
County Court House
Greeley, Colorado 80631
Dear Mr. Anderson:
Your application for acquisition of 18.50 acres of land located at
the former Atlas "E" Missile Site, Windsor, Colorado (GSA Control No.
C-Colo-501-A) has been approved by the Department of the Interior.
The General Services Administration has assigned the subject property
to the Secretary of the Interior for disposal for public park and
recreation use. We will convey the deed as soon as possible.
In the meantime, pursuant to paragraph 4, Part "A", of your applica-
tion for Federal Surplus Property for Public Park or Recreational Pur-
poses and pending a conveyance of deed to the Board of Weld County
Commissioners, it is hereby requested that on or before May 19, 1972,
the County of Weld, Colorado take possession of the property described
in the application and designated former Atlas "E" Missile Site,
Windsor, Colorado (GSA Control No. C-Colo-501-A) . From and after the
date the county takes possession of said property, the county shall
assume the obligation of management, maintenance and protection thereof.
By copy of this letter we are notifying the General Services Adminis-
tration of our request.
We would appreciate your acknowledgment of this request by completing
the statement at the bottom of this letter and returning two copies to
this office.
Sincerely yours,re- rtili—
Maurice D. Arno/
Regional Director
cc: GSA, Denver
BOR, Washington
r
Mr. Marshall H. Anderson
Page 2 •
We hereby acknowledge that the Board of County Commissioners
of Weld County, Colorado assumed custody and accountability of the
above-described property, this 19th day of May A.D. ,
1972, at 12 o'clock A. M. (Midnight)
BOARD OF COUNTY COMMISSIONERS
Weld County, Colorado
bile, a-nr-oeadao
(Ti e)
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I 2-Alt ?PN
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nen by Flames Greeley in IW1 At
NO-796 GREELEY, COLORADO 80621 WEDNESDAY,JUNE 14, 1972 WEEKLY TJILlI 4,'
County Deeded Land
iTo Old Missile Site
in
An obsolete relic of guided County Commissioners voted to
wale defense construction apply for the site, and Wed-
g the 1960s became the site nesday the land was official*
for a recreational complex in deeded,to the county at no costa
Weld County Wednesday. Stanley Whitmarsh, a rep-
An 18.5 acre tract at the resentative of the Bureau el
Windsor cutoff on U.S. 34 west Outdoor Recreation, Dept. '0
Greeley was given Weld Interior, said the land is valued
Gamty by the Bureau of at about $30,500. It is part d
Reclamation. It was the site of some 20,000 acres of federal
a to housing an Atlas "E" government land given some
ietEtcontinental ballistic missile states since the Federal Simples
6 ICBM). Property Program began !a
4e vacant silo will be 1965.
loped into a museum, and Whitmarsh said the park sits
surrounding it will be would "be an important ceer
4 erted to a picnic, camp and tribution to Weld County's
i- ' ,, :round area. rescources." Commissioner
site was listed as "sur- Glenn K. Billings added, "it*0,
land" by the Bureau of be a major benefit to the people
amation last year, and of Weld County."
c agencies were invited to The silo was constructed in
• it applications for acquir- 1961, but was later abandoned
it for public use. as more sophisticated defense
Decamher, the Board of mechanisms were built.
al
United States Department of the Interior
. BUREAU OF OUTDOOR RECREATION
}44V T MID-CONTINENT REGION
BUILDING 41, DENVER FEDERAL CENTER
DENVER, COLORADO 80225
IN REPLY REFER TO,
L2225
July 25, 1972
Mr. Barton Buss
Chief Accounting Officer
County Commissioners Office
Weld County Court Souse
Greeley, Colorado 80631
Dear Mr. Buss:
This is a follow-up to our telephone conversation of July 25 regarding
the loss of the original deed conveying 18.5 acres of Federal surplus
real property known as the former Atlas "B" Missile Site, from the
United States of America to Weld County, Colorado.
We are enclosing a duplicate deed dated June 9, 1972, which has been
properly executed by the United States of America and the Board of
County Commissioners of Weld County, Colorado. This duplicate deed
was our file copy and executed at the same time and manner as the
original deed.
The deed is to be recorded in the official records of Weld County in
the manner prescribed by local recording statutes. The enclosed
Certificate of Recordation should be completed by the county recorder's
office at the time the deed is recorded. Please furnish this office
with six (6) copies of the recorded deed and the original Certificate
of Recordation as soon as possible. Your cooperation is appreciated.
If you have further questions, please give me a call.
Sincerely yours,
Jerry A. Westbrook
Outdoor Recreation Planner
Enclosures (2)
�^ - i'�
from the office of Greeley, Colorado
THE BOARD OF COUNTY COMMISSIONERS July . 072
WELD COUNTY, COLORADO
THE ORIGINAL WARRANT OF DEED WAS NEVER RECEIVED BY THE CLERK TO THE BOARD.
ONLY THE COPY AS PER MR. JERRY A. WESTBROOKS LETTER DATED 7/25/72
1 .'(irn . /0),(211-9-10-2----------
Deputy County Clerk
THE BOARD OF COUNTY COMMISSIONERS
WELD^^COUNTY, COLORADO
ANN SFOME-# v
COUNTY CLERK AND RECORDER AND CLERK TO THE :.CARD
By:
Deputy County Clerk
.. , II/
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Recorded er o'clock—J(3-
M... J4V1.. 2I 1979
Roc No 4.�„[c „• Ar,n Spomer, Record.I r�
BOOK 1'J,• r
r• - •,, -r, L ,,,. .Y
TM: UNITED STATES T by
1 i UNIT D SLR TES OF /�_4E.ZIC'., acting by and thl.o::•.1h the
i..,.acre 4ary of the Intorior, acting by anti through the
. :',ion-71 Director, au_cau of ';.11. 3'e ~re r , under and
ou oar c. _:iki.�n .z
pursuant to the power and au t ho'r:i ty C')1tta '►'tit. In the ')r ovi rio�. �Il:,
o:. the 1'_, :r•ii 1.'ro:" r►ty and A'.1i!'.ini tre rif3rvices Act of
1049 (G3 3ttat. 377) , a :; ...i oniie:i , anJ De:'ticul:3r1y as F;.:ten•, :.1
Public .ia., •i35, 91st coagre3.;, sn: regulations and or ers
pr'omulga'ted thereunder, hereinafter %Iesigrt.'."tcri "Grantor",
for and in consideration of the perpetual ume of the here-
inafter described premises as and for public park and public
recreation clrea purposes by “•.:11 County, Colorado, hr raina-Et r
Jez 7 gn.toi "Grantee" , do'3s by these presents, bargain , 3211,
grant and convey without Ti l'ranty, express orimplied, t
� to
Grantee, and to its successors al z I�'. assigns, subject to
tflq ?.eso vr-ttions, . excertions, restrictions, con::titjons and
covenants hereinafterexpressed .•z
...... 11:.t .':t forth, :All Grantor'.;,
right, title and interest in and to th a follocdn.1 ' a' er t i
1?ro 'e'r ty, consisting oZ the folio inf d'u3cri ;ed tract C) 1atl 1
co: tainia'j lt3 . 50 acres, :tore or less', 1ocat_•Zr in *.qe1:1 County,
Colorado:
A. tract of land in the NJ 1/4 of Section 2 ,
Township 5 .iiC)`:'t:h, Range 67 :'es't:, 6th P..'t.
:field
County, Colorado, b:ei.n:J more part cut r i w
i a
c.'t')::;cria=?d 4 3 follows: Co:Imlncin4 at the
South Onarter Corner of 3-6.4 Section 2 ;
titarce south S9°03 ' 24" L;aat along ••'1:3 South
line of said Section 7 for a distance of
233. 32 feet; thc,nce North 1°20 ' :last
1.377 . 35 feet: North 2 t~
a ivU 7'3..� ' tit 520 feet;
: '1 t� O ''.7 st ry3 t. .
�."t�.� �7 >rf;3�►„ GJ�•1" feet LO the
intersection with the South line of said
Ni: 1/4, sal,' point of intersrt;.tion being
ti`e 1.0!!I'.: of beginning of said tract;
South q°57 ' 5" East along t:e South
line of said N:T 1/1 for a distance of 41.79
.to L'; North 10°15 '33" Y- t along th F:a:it
line of said }}..; 1/4 for a tii:;tAncuoC
45. 43 feet; No.•. t...1 11".J ' 1:'1 t 209 .66 feet
Lior tit rl(l° 5 ' `1�JJ" West 719. 06 feet;
Nora 1 3",_1" 7 ' 1J" Nest 800 feet; South
10'15 ' 33" ;..:at 1000 fe.::t to the intersection
with the south line of :gait :1'; 1/.1 , thence
t: c,e
South ::3°57 ' 15" ..past eloncj :jai I South line
to the point of hc:jinniug, containing 1G. 50
I.1or' rte' A.t�: o i ': �. 1 I v 3
•�� •ri 3 i• :'�roJz r.it nt::s
.1p'1urt na c.-„. thereon, nbjtz E..
tl
t'ta.?.liter u t:i1 i t J..: :•1y.t.r':�'t .. .t:'..I 'l.l'�•'•. w'�
•
together with the YC:lprov ?nent3 and .1 )•'.itr t".:•'t1+7Pec.s, if
existing or constructed thereon.
And Grantor does 1)7 t;1c:ic presents sell, grant, transfer,
f
and .3:;s1.C11 unto :laid County, Colorado, t�:'C:111,,:l.'!^, perptu.al
C%lciecnt, and rirJ;it`3-of--'13y to locate, .on:itr'ict, o2era`e
L )
1.1Aint'.in, U5?, rer ,'ti:t, p itrol, w. /or r•'..'107r! an acco^,i
real and ovo.rhoaC and/or underground electric po'.Jcr lins nu'_
co..i!Qu:)ic.:lti.on lines, together with t_!e right to trim, cut,
fell and remove therefrom all trees, u.,•O:lr.'irush, obatructjon
an.i any other vegetation, structures or obstacles in, over,
under, on and acro3s the following described two tracts of
designated Tract 1015 and Tract 102E, located in ;;ell
Colorado, to wit;
Tract 101E
All that portion of the following described
strip of land in the SW 1/4 of Section 2,
'Township 5 North, Range G7 lest, 6th P.M. ,
WeJA County, Colorado, being 100 feet in
wi.dtli having 50 feet on eac!-1 side of thr:
folio:iing described centerline; Co..',•'i,')n•aiiig
at the South,la i F Corner;. of sale! yti 1/1 ;
-. . 39°03 '24" r,_ t along the
L:tr?11�.L. South East :t r �
South line of Section 2 for a distance of
233.32 feet to point of bo:jinntat]; tJience
North 1°2!:1' East 1727 .35 feet; thenc
along a curve to the left, having a radius
of 532. 18 feat for an arc l::!n,-;th of
2D3 .7i fee t7 North 27°15 ' :fe'it 320 feet;
thence nce along a curve to tha right; having
:.1 r,:•_�.•aa o2" 1102 . 12 foot fo:,- ast arc :.��:l.3`:.7
of 2)3 . 17et; North 114'45 ' West 30
.+eot to the int^•.::s c tom.'-ail vi t h ti.'e. North line
of said 3:! 1/4 . The exterior boundaries of
h:.� C!'.l'i:'ai_ien he e. s t ��tr ar. � le�ng't'_�:1_.t or abor. tn,:,r,
as thn calf: may he, to coirciJe with the
East line o.. said S 1/1 of ;:til Section
on t:to 2 c1:3't, ,'a:1C; the ij,7;tC1 3.=.iiC'. of: said
S;7 1/4 of tie1.? Section 2 on the :forth,
containing 0.32 acres, more or loss.
Tract 102i
All f:h.?e t portion of the follo;ain 7 described
tri_•' 7f land in the a, 1/2 of Section 2 ,
Township .) North Range 67 Tost, nth
P.M. ,
y:el.I County, Colorado, being 103 feet in
%J.dta havin3 i' :eot on z:i.!le 0: .,__.i,,
following i.teac. {;ed ceate l..ine: Co;o''?e 1cin3
at tho Southwest Cornar of : a.iJ 1,ac t 1/2
tat:nee south 29'03 ' 24" ;•1,t elon.f t'}:' youth
line of sail East 1/2 for a :'.:siJtance of
233 . 32 foot to point of eejinn! g;
t.,l
,J ° ' ;tr 1727
� C .L l 7.C i•.tt.• �. . 3J �-
i?:?i:; fal•?jli:'': alone'
/''' • ; 0'"1
::t curve to tha :Left, ;).avinu a radius r
. .) feat, for an arc lc:t.jth of 2'93.7;1
fact; North 27°15 ' .i %(.: 32'J i.?"i:; t:.l:.ilc;..
• along :l cttrvo to the -right, having .t
ra i4.u; of 11.02.12 fcct, for an :lrc length
of 29r) . 17 feet; NortIt 115.t5 ' W'N..st 200
fe t. The a;:L•.7:r.i r bout -lari:_; of t.h
�.....,.•. �- t
(�:�. �_.,,..�ri.. ai-h lr�l►,3thenc_t or shortened,
as th •. .'vty be, to C+3iT.CLrl.r� win thr! `
South 1in.' of said E a:ii: 1/2 of ;i`_'3`:iO:1 2
on the South , .:n1 tll_'•: W.-1st lino of :'.a1:.
iias . 1/2 of said Soc;:io i 2 on the '.'c
c:)n+hainir:J 5. 93 acre l, ,;:or:' cr 7 e a .
Reservin:j, i o;Jov.:'.c , to the Grantor and its a3sign3
all right, title and inter,`3t in and to all of t,In oil, gas
an'd other 1'i ne als underlying the l in:l convoyod, together
1
with the right of the Grantor and its assigns to entry upon
.the land at any time and prospect for and/or mine and = move
:such minerals; And Subject to tiefollowing:
1. If at any tine the Lnitr d �ta•t of 1 i
�L, L�._c.a s ;all
dotrermino that the premises herein con--eyoa or ony part
thereof, are r e ,ed for the national defense, all right,
title rind z n t;•re:3t in and to sf i:+ 01.:c'.aieo + 'v
to b necos:aary to ;';Qch :1:1 tionmil. (:1 ic.ileac,
re:wort to and become e t h?. ty fro )er• of to United St.?re3
• .property 1 •. of rL':t3ri..'::3..
2. -\11 existing easementspublic
J for r. � i^. ra;). ::. and '1yi,.ji,wZ,,:; ,
rai1.rozi:43 ant: j::ip.:.1..ines.
Pursu;:nt to authority cont'insr:i in the .federal Property
:ts;ti nietrativs S rvicez Act ni 1949 , a'3 •boil ate, and
; 'c'licable rules, regulations -In. ord r; promulgatod
i:'•.'lur ,un dar, the General a-rrvicel; 3. 1.71inistration deter.`tind this
property to .ba surplus to the n'1:?(i'3 of tho Unitoe .:tato:; of
t;tori ct and assigned the property to the Department of ;qua
Xnt",'..r i or for further cont;-gale-_, to iiJA.,1 County, Colorriclo.
It is A' rood and Urrlo'.i:stoo.1 by '1;2,1 b:,cen the Grantor and
.r..t•i_ „_. �lY2._: t2t': Grant _••. ,: `'`il.,,C U'.: this, c..:...:_i, 17aC1e;
.1(:.e:ao:ll C:r.i.J.1 its ' n t:?i ota. lii?c! •lg'rF•`enout, c.'•l"I:.t :i `''
co, nant an.1 ajrce for it:;t if aa•.l i .. succea3orz and
for'2'FL'.r,, a..7. follows:
J
•
1. This `•,tutor ty shall i be . n and t-a ,-� for,. .a .l_, •_l a1I_•:a maintained .�iJ� I:il::
public purposes for which it ,•ia:i conveyed in perpetuity as
net forth in the program of utiii:.-xtion and ?Ina contain al
i:1 the application, submitted by the Oranta'e on Deco J;ei 31,
1971 , which program and '.?1 an may be ar.iende:1 Criim time to
_i o zit the i.e'juost of either :::2e Grantor or .;rant•ee, with
the written C eth; other concurrence of � � :�, r� such party,t.2r i �i:.i ,<li.al amendments
t';
shall be added to and become a part of the original application.
2. The Grantee shall, within 6 Ii?L')n I:T1:. o E the date of
the deed of conveyance, erect and maintain a permanent sign
or :marker near the point o2: principal access to the conveyed
area incicatiitg that the property is a park or recreation
area and has been acquired from the Federal Gove--•:-ment for use
'by the general public.
3. ,The property shall not be sold, leased, assi fnad, or
otherwise disported of except to another eligible governmental
agency that the Secretary of tho Interior at,_-r az e in writing
can assure the continued use and maintenance of the property
for public park or public recreational ttiona? purposes shut ect to
the sauce terms and Conditions in the original instrument of
conveyance. However, nothing in this provi';ion shall prr.clude
the Grantee from providing re tell recreational f:Icilities
and; services co:tpaltThie with the ar p f`ove,t application, through
- ar P CLt!J..
concession agreements entered into with third parties, provided .
prior concurrence to such agreements i5 obtained in writing
from the secretary of the Interior.
4. From the date of this conveyance, the Grantee, its
:successor:; and assigns, shall submit biennial reports to the
Secretary of the Interior, c���
setting forth t'1:. tt>�:.� 't::tclu tilt.
`roperty during the pr :;::.iin.j twin-year period, an.I other
pertinent ;lat'.t ester )l is unq its continuous use for the
purposes set forth above, for ten corv]ocutive reports and w;
further detori:J.necl by the., Secretary of the Interior.
�.: 1Ur.
4
3. A:; pert of . the e consial;:r•atioii for thi Dee1 Ehe
Crantou covenants a:ui . a'3rees for itself, its successors
and assigns, that: .(1) the prograB for or in connection with
which this Deed is ±2:.lde will be con luc t'.3d in :`Onpl iatice with,
and the Grantee, its successors and assign , .will cal' 7ly
with all requir'eents ii:![)ose.i by or fir ;u;iriL to :_.s regulations
of the Depart ...1nt of the Interior as a.rt effect on the da e of
thie Deed (43 C.F.R. Part 17) issues under the provisions 1. of
Title VI of the Civil Rights Act of 1964 ; (2) this covenant
shall be subject in all respects to the provisions of said
regulations; (3) t:h Grantee, its successors and assigns, will
promptly take and continue to take such action as may be
necessary to effectuate this covenant; (4) the United States
shall have the right to seek judicial enforcement of this
ocwonant; and (5) the Grantee, its successors and assigns
will (a) obtain fro`a each other person (any legal entity) who,
through contractual ' or o'r other arrangements with the Grantee, its
successors or assigns, is authorized to provide 1:ervice n or
benefits under said program, a written agree Tent rmrsuant to
• which such other• person shall, with respect to the service or
benefits t•l.lich he is autiv rizeta. to provitao, under take for
himself the s;a,ae obligations as those in posed the Grantee,
J a �iJ fi.: upon M3[_
its successors and assign`. by this covenant, and (.t_) furnish
a copy of such agreement to teit.: secretary of the Interior, or
his successor; and that this covenant shall run with the land
hereby conveyed, and shall in any event, without regard to
technical classification or designation, legal or otherwise,
be binding to the fullest extent permitted by law and equity for
the benefit of, a rd in favor of the Grantor nri.J enforceable by
t,2;. Gratur aijairist -the •Grantee, ita auccez or::: and assigns.
it;g
.ns.
6 . in the !'!VF!nt there'. 15 a )reach of dllr o.L the conditions
a.l••i covenant herein contained by t .e Grantee, '' successors�, its �uccti . v and
assign-;, whether eau:;. ,' IJIL the 1. ^.ai or of her inability of the
Grantee, its succes,ior7. nrW .ac:'i jir., .t7 1- .rforra :;;tilt c!onJitions
/1\. . .
1;1:: c )V ??t,. t..; or et,.�r:l ..;•' all right,
title ,ri1 ,
in and to the _,:J icl premises :shall revert to .;3n.:1 becom- tit^
1'+moor:ert f of thn Grantor at its option, uhicit in aldit.i- rt to
.:!i1 oth,:,r rereJies for such l:irc:•' eh shall :trr.Ve th.' rid pit: of
entry u,,or e:.ti:f rrF2miscs, ^.nd the Grantee, its succ.''.i5orr .
ana assi:,in: , .;hall forfr'J.r4 all a icjtit. t'!hlr: ;tii'. tilb_.ref::t in
said pro, .ses and in any and a)_1 iti.: Le.me:s:c:Ill: , tler•,2:ii•C:YiiiE-'.;'1'43
and .appurtenances thereunto belonging; providcd, however,
that the failure of the Secretary of the D t iLt..::ent of the
Interior to require in any one or more instances complete
performance of any of the conditions or :covenants shall r_c)t
. be construed as a waiver or relinquishment of such future
performance, but the obl uatio.0 of the Grantee, its su.�cesso;s
all:.i ari.si•. J � Bperformance s
.•°i �, •ra.til respect to :�u:.�� �ilt�urt. shall
continue in full force and effect.
IN WITNESS WH: EOi the Grantor has cau e: • Presents, tit' ca�.. � � Jari•tS
' to be executed in its name and on i t i behalf this the �
n r
7
d ay of ZA• ✓�' , 19 2, ,
iTT �-' ( STATES '''ZIC
t t.L�i J1.� UL� .��\�....L\t i«
Acting . . 1 thrc.ncL7h v
Secretary of t Ins;.-rigr
N
// a l '....-'4.4....
[ __
Ao. j , 1 DirrC.- -rc', :ad-Coati-17V
Dula., ll.e. OLD.-t`+',r . •i:.ion
i CiKa•IJi+Yai:rlJ•.a:,.:i.ly.t •
;�T yTi OF 1-
4
COUNTY. OF //7774,..7,,,_z }
On this_IA/ _ day vi *kr .,--" , 19 -72 , before
Jae, the ::ubscriJa r, personally appeare•w /'1� ,. . ,_ e ,t-_.
i .ice _ _
>~ 4. _l , to 1:.e known &n•:J ,mown to a' to be the
iL cyional Director , i•Ii.i-Con fluent Faa^..g. c,n, Bureau of Ou a' ./
, c t• a , �. Department ntthe In cio
ia:_a,r+�ia4.it it of L:ciis t+ 1�_c:.. States •^ �:: of l:' f� ,-
� r
r �..r . e. r.e of i r_ America, and
• ie CjU✓k.a Je:''i:;al...ai el'� a-1►.1 the United a f.i L.;.'; of .
;znowr► to to be t..ie saa '•ar .t.1 .1scried in ant who •
i2; e:7;•ute c' the r goi:i j instrun!: is :;uC..l ::•.::'-iam.:1 ull :ctc;J:
_l Ff:renal:[, as tha act ant deed of tit United StatesAmerica,
a'i
v I:1 � of eJ�:F C ,
• c:
•
for nwi on b h;xi z of the S.• cret.�r'\r oC ►t':: T.S.t� cior, c. uiy
cie;;ig r:a teJ, em flowered and aut :or i%ea :;o to ( O iiy J..tid
Se'.re}_trt , art be i c.nn;•,ia•'igcd that he ! '?C: ': J the .Core-
going i:2:•'•t,r11.^tont for and on b3c i f U1. '1.? i c� States f
:1 � ti ll C 't. ci 1'l.i,t� , of
,icri::r'.ic:1, for the pur o:'e:3 and t.l:s;la ti1"r it
6L_
r•!
CoitL i.,.;.3 ion Expiro: 'r
The forrcgoing conveyance i^. hereby accepted, and the
undersigne•.i ;three :y this accnntArcP to assuma and be bound
by all Ile Oi)L 1uation"s, colidition , covenants ani agrt-':'.cent
therein cz, t.iine:l.
3or J Oi G'01;141'w CJ:';:iI JIC';mot a
EMU COZi: , C0'1,01(1'4-'0
j/z:
/ •'j/' /' /•. .
• /:• / r• / / • .
./,
''/-, - ,,•�:
3TA E 01 Crt l e...
COUNTY t0? tele '/'/
. )
Oa this _ / / day 0 Gt�t_e' ► 19 ,
C
4efore i)te undersigned ed officer, `fir,rionr.).1iv appeared
and
/r (2...I„;/'` i(6., j'1. el , to ne known ;In-1 known to me to
Je the •:Jaite per P.ion , '•7hoec: n::I:;t%°:'l are r;ub:lcribed to the rQ7.a�oing
ac.`k.:eptunce, b c..ii'i:', 'JulyrL. rim anti !;ay
that. they ar'. of C';''_;nty Corp
Cocinty. Color.''. f:, that th.'.y :.tr" .u!.y � . .:iif� lit l.r+�, zwiJowerr:1
au1.:ho i:: . o rt-,ntlxl.l~..nn :,a{l"te,:a by VII" !3olr'.l of County
Cr'-..:r'.j.G.'.,i.)ri!j''. _ J971, to .'n.{ee to th fore'7oing
J
7
acceptance anU ji n to i. [lift: es :l ?�L'�Q� ani that thr'•y
siglic:u their names thereto t:li.1 thy
t;t: .:or: r't)i lrJ instrwormt for an i on c-
Calorar_b _ t n '..
� fur t_i1 tJLllrO �C,3 and Lt_;F3i Ltl^_co.Ls'
�f.r i 1 / (/ 11
11,71• 2A i ,.A
ly C. l.i_,sion l..1:pi c.::
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CERTIFICATE OF RECORDATION .
e � pan , of the Office of County Recorder
�6 //<'
of County �-��11 , State of `-:Lf2x62,d9(.9 , hereby
ertify that a certain deed without warranty bearing the date as of
17/ . 7,.././ ///427.O2— , executed by the United States of America,
acting by and through the Secretary of the Interior, acting by and
through the Regional Director, Bureau of Outdoor Recreation, conveying
certain land situate in the County of .e/ , State of7,24/- %t
to V�� el r'�«2 .. was filed for record
on the JUL 2 '( 1972 day of , 19_
I further certify that same deed without warranty has been recorded in
Book No. 672 at Page No. 15343`35 of the Official Records of
said County.
STAY OF COLOR DU 53 4I!nn E%f "-'�'
COUNTY OF WELD V m1lM TY C:If NK& NFCWuLr
Filed wRh the Clerk of the Board
of County Commiwloners (Signature)
JUL261972
COUNTY C‘IRIC ADM
CiS
BYE__. _.Deputy // J .G•LC
— Tit (/ /
Return to:
Regional Director
Bureau of Outdoor Recreation
P. 0. Box 25387, Bldg. 41, Denver Federal Center
Denver, Colorado 80225
File contains
oversized map
Please see original file
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