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Home My WebLink About20220676.tiffRESOLUTION RE: REAFFIRM VACATION OF ROAD RIGHT-OF-WAY LOCATED IN THE WEST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO; APPROVE QUIT CLAIM DEEDS CONVEYING SAID RIGHT-OF-WAY TO ADJACENT PROPERTY OWNERS; AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS 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, on May 12, 1930, the Board of County Commissioners of Weld County, Colorado, approved a Resolution ("the 1930 Resolution") vacating a portion of the Weld County Road (WCR) 15 right-of-way located in the W1/2 of Section 8, Township 6 North, Range 67 West of the 6th P.M., which was no longer needed, and WHEREAS, said Resolution also appointed a County Commissioner to convey the vacated right-of-way to the adjacent landowner, and WHEREAS, a copy of the 1930 Resolution is attached hereto as Exhibit "A," and WHEREAS, although the 1930 Resolution of Exhibit A was entered into the Commissioners' record of proceedings at Book 20, Page 171, it was never recorded in the Grantor/Grantee Index in the Office of the Weld County Clerk and Recorder, and WHEREAS, to date, the conveyance directed by the 1930 Resolution of Exhibit "A" has never occurred and now presents a cloud on the title for the current owners, Wayne B. Leistikow and Janice E. Leistikow, concerning the adjacent property in the NW1/4 of Section 8, Township 6 North, Range 67 West, and WHEREAS, the Leistikows request the Board to follow through with the directive of the 1930 Resolution of Exhibit "A," and thereby approve a Quit Claim Deed conveying to them the portion of the adjacent vacated right-of-way lying in the NW1/4 of the said Section 8, less the current right-of-way of WCR 15, being described in the attached Exhibit "B," and WHEREAS, to complete the directive of Exhibit "A," the Board also needs to convey to CNTL, LLC, a Delaware limited liability company, the current owner of the property located adjacent to the vacated right-of-way in the SW1/4 of Section 8, Township 6, Range 67 West, by Quit Claim Deed, the portion of the adjacent vacated right-of-way lying in the SW1/4 of the said Section 8, subject to the current right-of-way of WCR 15, being described in the attached Exhibit "C," and WHEREAS, the Board now deems it advisable to reaffirm the vacation of right-of-way of the 1930 Resolution in Exhibit "A," approve the conveyances by Quit Claim Deeds to the Leistikows and CNTL, LLC, of the properties described in Exhibits "B" and "C," respectively, and authorize the Chair's signature on said Quit Claim Deeds. 4808683 Pages: 1 of 5 CG-.Pc,�(ER/CH/TS),C1`�fn68), 03/09/2022 10:45 AM R Fee:$0.00 REP. Carly Koppes, Clerk and Recorder, Weld County , CO mill proff FIIIIIdl '4''II L �WMI1 Ykd 11111 3 /29 /22 2022-0676 EG0080 REAFFIRM VACATION OF ROAD RIGHT-OF-WAY LOCATED IN THE W1/2 OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO; AND APPROVE QUIT CLAIM DEEDS CONVEYING SAID RIGHT OF -WAY TO ADJACENT PROPERTY OWNERS PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the vacation of right-of-way by the 1930 Resolution in the attached Exhibit "A" be, and hereby is, reaffirmed. BE IT FURTHER RESOLVED by the Board that a Quit Claim Deed conveying the property described in the attached Exhibit "B" to Wayne B. Leistikow and Janice E. Leistikow, and a Quit Claim Deed conveying the property described in the attached Exhibit "C" to CNTL, LLC, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D., 2022. ATTEST: W.-Cl4o•ti Weld County Clerk to the Board BY: Clerk to the Board APPROVED AS TO FOR County Attorney Date of signature: 313 /.2- 4808683 Pages: 2 of 5 03/09/2022 10:45 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Ill Nir '�GW1' r R 111111 BOARD OF COUNTY COMMISSIONERS WEL OUNTY, COLORADO Sco K. James, Chair rryL. Lori n, Moreno 2022-0676 EG0080 0 IN THE Mn Q'TER OF APPOINTLn}NT OF R. E. HANNA COMMISSIONER - TO CONVEY PROPERTY WHEREAS, The County of Weld has acquired from Conrad Wells Greenwald, Fred J. Wells and Grace,Na right of way for a public EXHIBIT 3 A highway on the West side of the Southwest Quarter of Section Eight Township Six North of Range Sixty-seven West of the Sixth P.1., in Weld County, Colorado by proper deeds of conveyance and that WHEREAS, It is now deemed proper and advisable to abandon the present highway where same exists adjacent to the West side of the Southwest Quarter of the Northwest Quarter of said Section Eight. NOW, T a' EFORE, It ism r erect that R. E. Hanna is hereby con- - stituted and appointed as Commissioner. of :the County of Weld. to make a conveyance of said lands as now used as a highway to Conrad Green - wall more fully described as follows, to -wit: A, strip of land 60 feet wide in the West half of Section Eight, Township Six North of Range Sixty-seven West of the Sixth P. Lt., 128.6 feet South of the Quarter Corner between said Sections seven and eight; thence North -16°. -14' - East 568.8 feet; thence north 4° 39' West 476.1 feet; thence North 310 251 West 230.9 feet to the section line between said Section Seven and Eight in said township and range. IT IS FURTHER ORDERED, That to such Conveyance the said R. E. Hanna is authorized to affix the seal of Weld County which said conveyance when executed in accordance to this order shall have the effect to transfer to said Conrad Greenwald all real estate above described. On motion duly seconded and unanimouslycarried. Ayes: ��J ��1� Nayes: None. s-0240 4808683 Pages: 3 of 5 03/09/2022 10:45 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO m1111 P.M1111 EXHIBIT "B" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF WINDSOR, COUNTY OF WELD, STATE OF COLORADO; BEING THE SAME AS THAT PORTION OF THE CERTAIN PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED DATED MAY 26, 1905, AND RECORDED MAY 31, 1905, IN BOOK 228, AT PAGES 160- 161, RECEPTION NO. 103139, IN THE REAL PROPERTY RECORDS OF THE CLERK AND RECORDER OF WELD COUNTY, COLORADO, LOCATED IN THE NORTHWEST QUARTER OF SECTION 8, EXCEPT FOR THE PART THEREOF DESCRIBED IN THE RIGHT OF WAY DEED DATED NOVEMBER 22,1929, AND RECORDED MAY 19,1930, IN BOOK 895, AT PAGES 141-142, RECEPTION NO. 591889, IN THE REAL PROPERTY RECORDS OF THE CLERK AND RECORDER OF WELD COUNTY, COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 8, SAID POINT BEING MARKED BY A 2 %2" PIPE OF UNKNOWN LENGTH WITH AN ATTACHED 3¼" ALUMINUM CAP STAMPED LS 20685 AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER SAID SECTION 8 TO HAVE AN ASSUMED BEARING OF N87°27'52"E, A DISTANCE OF 2,621.63 FEET (EAST END OF SAID LINE BEING MARKED BY A NUMBER 6 REBAR OF UNKNOWN LENGTH WITH AN ATTACHED 3¼" ALUMINUM CAP STAMPED LS 22098) AND CONSIDERING ALL OTHER BEARINGS RELATIVE THERETO; THENCE ON SAID SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 8, N87°27'52"E, A DISTANCE OF 30.02 FEET TO THE POINT OF BEGINNING; THENCE N00°42'05"W, A DISTANCE OF 82.92 FEET; THENCE N15°34'03"E, A DISTANCE OF 350.62 FEET; THENCE N05°18'57"W, A DISTANCE OF 463.38 FEET; THENCE N32°04'57"W, A DISTANCE OF 117.04 FEET; THENCE N00°42'05"W, A DISTANCE OF 115.22 FEET; THENCE S32°04'57"E, A DISTANCE OF 229.69 FEET; THENCE S05°18'57"E, A DISTANCE OF 488.71 FEET; THENCE S15°34'03"W, A DISTANCE OF 429.26 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE ON SAID SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 8, S87°27'52"W A DISTANCE OF 38.69 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 63,964 SQUARE FEET OR 1.468 ACRES, MORE OR LESS AND IS SUBJECT TO ALL RIGHT OF WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. 4808683 Pages: 4 of 3 03/09/2022 1045 Clerk AM R and Recorder Fee:$0.OG County CO Carly KOPPes,ii mildl��s�l:Mr1��4Cli��l��'ilPr��'�I��,1�TI4M�MIirYl1'h 11 111 EXHIBIT "C" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF WINDSOR, COUNTY OF WELD, STATE OF COLORADO; BEING THE SAME AS THAT PORTION OF THE CERTAIN PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED DATED MAY 26, 1905, AND RECORDED MAY 31, 1905, IN BOOK 228, AT PAGES 160- 161, RECEPTION NO. 103139, IN THE REAL PROPERTY RECORDS OF THE CLERK AND RECORDER OF WELD COUNTY, COLORADO, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 8; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 8, SAID POINT BEING MARKED BY A 2 %" PIPE OF UNKNOWN LENGTH WITH AN ATTACHED 3¼" ALUMINUM CAP STAMPED LS 20685 AND CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER SAID SECTION 8 TO HAVE AN ASSUMED BEARING OF N87°27'52"E, A DISTANCE OF 2,621.63 FEET (EAST END OF SAID LINE BEING MARKED BY A NUMBER 6 REBAR OF UNKNOWN LENGTH WITH AN ATTACHED 3¼" ALUMINUM CAP STAMPED LS 22098) AND CONSIDERING ALL OTHER BEARINGS RELATIVE THERETO; THENCE ON SAID NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 8, N87°27'52"E, A DISTANCE OF 5.58 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID NORTH LINE, N87°27'52"E, A DISTANCE OF 63.12 FEET; THENCE S15°34'03"W, A DISTANCE OF 250.10 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER SAID SECTION 8; THENCE ON SAID WEST LINE, N00°21'53"W, A DISTANCE OF 218.58 FEET; THENCE N15°34'03"E, A DISTANCE OF 20.30 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 8,111 SQUARE FEET OR 0.186 ACRES, MORE OR LESS AND IS SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. 4808683 Pa9es: 5 of 5 03/09/2022 10:45 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO millilifi t 'Ii,11"MMW�h Hill QUIT CLAIM DEED THIS DEED is made this 28th day of February, 2022, from the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 1150 O Street, P.O. Box 758, Greeley, Colorado 80632, of the first part, and to Wayne B. Leistikow and Janice E. Leistikow, as Joint Tenants, whose address is 2100 Rock Castle Lane, Fort Collins, CO 80528, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Dollar and no/00's ($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, 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, its 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, Scott K. James, 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 28th day of February, 2022, have hereunto set my hand and affixed the seal of said County this 28th day of February, 2022, for the uses and purposes therein set forth. CLERK TO THE BOARD OF COUNTY COMMISSIONERS ll lI 11514. STATE OF COLORADO N County of Weld ) COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO St K. James, Chair The foregoing instrument was acknowledged before me this 28th day of February, 2022, by Scott K. James, as Chair of the Board of County Commissioners of the County of Weld. Witness my hand and offic My commission expires: 4807226 Pages: 1 of 2 03/03/2022 10:48 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO tIII h�r1NT �,'�I 'I L I `�., Ilk G�lf�i�1k�� 11. Y4hk ,I II1 02vz2 _067( 6) EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF WINDSOR, COUNTY OF WELD, STATE OF COLORADO; BEING THE SAME AS THAT PORTION OF THE CERTAIN PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED DATED MAY 26, 1905, AND RECORDED MAY 31, 1905, IN BOOK 228, AT PAGES 160- 161, RECEPTION NO. 103139, IN THE REAL PROPERTY RECORDS OF THE CLERK AND RECORDER OF WELD COUNTY, COLORADO, LOCATED IN THE NORTHWEST QUARTER OF SECTION 8, EXCEPT FOR THE PART THEREOF DESCRIBED IN THE RIGHT OF WAY DEED DATED NOVEMBER 22, 1929, AND RECORDED MAY 19, 1930, IN BOOK 895, AT PAGES 141-142, RECEPTION NO. 591889, IN THE REAL PROPERTY RECORDS OF THE CLERK AND RECORDER OF WELD COUNTY, COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 8, SAID POINT BEING MARKED BY A 2 %2" PIPE OF UNKNOWN LENGTH WITH AN ATTACHED 3' "ALUMINUM CAP STAMPED LS 20685 AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER SAID SECTION 8 TO HAVE AN ASSUMED BEARING OF N87°27'52"E, A DISTANCE OF 2,621.63 FEET (EAST END OF SAID LINE BEING MARKED BY A NUMBER 6 REBAR OF UNKNOWN LENGTH WITH AN ATTACHED 3 %" ALUMINUM CAP STAMPED LS 22098) AND CONSIDERING ALL OTHER BEARINGS RELATIVE THERETO; THENCE ON SAID SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 8, N87°27'52"E, A DISTANCE OF 30.02 FEET TO THE POINT OF BEGINNING; THENCE N00°42'05"W, A DISTANCE OF 82.92 FEET; THENCE N15°34'03"E, A DISTANCE OF 350.62 FEET; THENCE N05°18'57"W, A DISTANCE OF 463.38 FEET; THENCE N32°04'57"W, A DISTANCE OF 117.04 FEET; THENCE N00°42'05"W, A DISTANCE OF 115.22 FEET; THENCE S32°04'57"E, A DISTANCE OF 229.69 FEET; THENCE S05°18'57"E, A DISTANCE OF 488.71 FEET; THENCE S15°34'03"W, A DISTANCE OF 429.26 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE ON SAID SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 8, S87°27'52"W A DISTANCE OF 38.69 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 63,964 SQUARE FEET OR 1.468 ACRES, MORE OR LESS AND IS SUBJECT TO ALL RIGHT OF WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. 4807226 Pages: 2 of 2 03/03/2022 10:48 AM R Fee:$0.00 0 Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County Co 1111 I r-fM11 NT IANli��', Irl'INW) �K�t�Ri�TG��F� fink 11111 QUIT CLAIM DEED THIS DEED is made this 28th day of February, 2022, from the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632, of the first part, and to CNTL, LLC, a Delaware limited liability company, whose address is 622 Naele Road, Kula, HI 96790, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Dollar and no/00's ($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, 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, its 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, Scott K. James, 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 28th day of February, 2022, have hereunto set my hand and affixed the seal of said County this 28th day of February, 2022, for the uses and purposes therein set forth. ATTEST: CLERK TO TIflOARD OF COUNTY COMMISSIONERS ,(al STATE OF COLORADO County of Weld ) ss. COUNTY OF WELD, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO FEB 2 8 2022 The foregoing instrument was acknowledged before me this 28th day of February, 2022, by Scott K. James, as Chair of the Board of County Commissioners of the County of Weld. Witness my hand and official seal this 28th day of gbruary, A.D., My commission expires: 4807247 Pages: 1 of 2 03/03/2022 10:55 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 1III NrorWI 111 CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20:144048044 MY COMMISSION EXPIRES DEC. 19, 2022 o2oaa -0/o7� �a) EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., TOWN OF WINDSOR, COUNTY OF WELD, STATE OF COLORADO; BEING THE SAME AS THAT PORTION OF THE CERTAIN PARCEL OF LAND DESCRIBED IN THE WARRANTY DEED DATED MAY 26, 1905, AND RECORDED MAY 31, 1905, IN BOOK 228, AT PAGES 160- 161, RECEPTION NO. 103139, IN THE REAL PROPERTY RECORDS OF THE CLERK AND RECORDER OF WELD COUNTY, COLORADO, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 8; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 8, SAID POINT BEING MARKED BY A 2 '/z" PIPE OF UNKNOWN LENGTH WITH AN ATTACHED 3'/4" ALUMINUM CAP STAMPED LS 20685 AND CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER SAID SECTION 8 TO HAVE AN ASSUMED BEARING OF N87°27'52"E, A DISTANCE OF 2,621.63 FEET (EAST END OF SAID LINE BEING MARKED BY A NUMBER 6 REBAR OF UNKNOWN LENGTH WITH AN ATTACHED 3 %" ALUMINUM CAP STAMPED LS 22098) AND CONSIDERING ALL OTHER BEARINGS RELATIVE THERETO; THENCE ON SAID NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 8, N87°27'52"E, A DISTANCE OF 5.58 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID NORTH LINE, N87°27'52"E, A DISTANCE OF 63.12 FEET; THENCE S15°34'03"W, A DISTANCE OF 250.10 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER SAID SECTION 8; THENCE ON SAID WEST LINE, N00°21'53"W, A DISTANCE OF 218.58 FEET; THENCE N15°34'03"E, A DISTANCE OF 20.30 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 8,111 SQUARE FEET OR 0.186 ACRES, MORE OR LESS AND IS SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. 4807247 Pages: 2 of 2 03/03/2022 10:55 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO ®III �lr IAMI �' 'IA�Lf Egli I'h��,Y�9N P ®I III Esther Gesick From: Bruce Barker Sent: Friday, February 25, 2022 2:34 PM To: Commissioners Cc: CTB; Tiffane Johnson; Elizabeth Relford; Daniel W. Jones Subject: FW: Road Right -of -Way Vacation - former portion of County Road 15 northwest of Windsor Attachments: ROW - Book 228 at Page 160 (00712439).pdf; ROW - Book 895 at Page 141 (00712441).pdf; 591890 - 1929 ROW Deed from Fred and Grace Wells to County (00834032).pdf, Resolution (00741351).pdf; 3467435 - 2007 Annexation Plat - Tacincala (00834217).pdf; 43-2-303 C.R.S. Methods of Vacation (00833094).pdf; 2022.01.27 Letter to Barker re CR 15 - sent (00838362).pdf, 1905 ROW - Survey portion - highlighted (00834506).pdf Commissioners: I believe I forwarded this email to you about a month ago. Next Monday, February, 28, 2022, on the BOCC agenda for approval is a resolution which reaffirms the vacation of the additional, unneeded right-of-way east of the current WCR 15 that has not been used since before May 12, 1930. The attached document entitled, "1905 ROW — Survey portion — highlighted," shows the subject ROW. That date is important because on that day the Board of County Commissioners of Weld County approved a resolution which essentially vacated the subject ROW and ordered a gentleman by the name of R.E. Hanna to deed the subject ROW to Conrad Greenwald. The execution of that deed either never took place or, if it did, the deed was never recorded. As such, the subject ROW is now a cloud on the title of the current owners of the properties, Wayne and Janice Leistikow, and CNTL, LLC. As you can see from Daniel Jones' email and letter, his client, Hartford Acquisitions, LLC, is now seeking to clean up the cloud on the title. Dan has been great to work with on this matter. To accomplish this cleanup we have put together a new resolution for the BOCC that reaffirms the vacation of the subject ROW, approves quit claim deeds for the properties to the Leistikows and CNTL, and authorizes the Chair's signature on those deeds. In essence, what the BOCC will be doing with the resolution next Monday is to follow through with what the BOCC ordered nearly 92 years ago. I guess better late than never! The Town of Windsor, through their City Attorney, Ian McCargar, supports this procedure. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify 1 sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Daniel W. Jones <djones@cp2law.com> Sent: Thursday, January 27, 2022 11:53 AM To: Bruce Barker <bbarker@weldgov.com> Cc: Amanda Huston <AHuston@cp2law.com> Subject: Road Right -of -Way Vacation - former portion of County Road 15 northwest of Windsor Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning, Bruce, I hope things are well with you! Please see the attached letter and accompanying other attachments referenced therein regarding a road vacation our client is having difficulty obtaining. Please let Mandi Huston (copied here) and me know when we might set up a call at your earliest possible convenience to discuss this further, after you have had an opportunity to look this over. Our client would like to get this matter completed urgently. Thank you, and we look forward to hearing from you soon to work through this. Dan Daniel W. Jones, Esq. COAN, PAYTON & PAYNE, LLC 1711 61St Avenue, Suite 100 Greeley, CO 80634 Telephone: 970-339-3500 Direct: 970-449-8127 djones@cp2law.com e www.cp2law.com CONFIDENTIAL: The information contained in this e-mail or any attachment hereto is subject to attorney -client privileges and/or other confidentiality protections and is private information intended for the use of the individual or entity named above only. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is prohibited. If you have received this communication in error, please notify us immediately by telephone at (970) 339-3500 or reply by e-mail and delete or discard the message. Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free; no responsibility is accepted by Coan, Payton & Payne, LLC. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that, to the extent this communication (or any attachment) addresses any tax matter, it was not written to be (and may not be) relied upon to (i) avoid tax -related penalties under the Internal Revenue Code, or (ii) promote, market or recommend to another party any transaction or matter addressed herein (or in any such attachment). Disclaimer 2 COAN PAYTON % PAYNE LLC January 27, 2021 VIA EMAIL ONLY Bruce Barker, County Attorney bbarker@weldgov.com Daniel W. Jones, Esq. 1711 61St Avenue, Suite 100 Greeley, CO 80634 970-339-3500 djonesgcp2law.com www.cp2law.com Re: Vacation of County Road Right -of -Way Part of the Southwest Quarter of the Northwest Quarter of Section 8, T6N, R67W Dear Bruce, On behalf of our client, Hartford Acquisitions, LLC, we are reaching out regarding a Petition for Vacation of Road, Street, or Alley Right -of -Way to vacate a road right of way that was conveyed by Warranty Deed to Weld County (the "County") in 1905, the underlying property surrounding which has been annexed into the Town of Windsor ("Windsor"). Windsor's attorney, Ian McCarger, insists the County is the only party authorized to perform the vacation, while we understand that the County's current position is that Windsor should perform the vacation. Neither the County nor Windsor has posed any objection to the vacation. We understand you have been in touch with Tiffane Johnson about this matter, but for our confirmation and for your convenience, here is a detailed summary of the same: • By Warranty Deed dated May 26, 1905, the Live Stock Company conveyed to the County a "strip of land sixty feet wide for a County road" over a portion of the West One -Half (W 1/2) of Section 8, Township 6 North, Range 67 West of the 6th P.M. I have attached an excerpt from a recent survey to show an illustration of the subject strip of — ± land for your reference. The Warranty Deed was recorded May 31, 1905, in Book 228 at Page 160 (Reception No. 103139). A copy of this deed is also attached for your reference. It is our understanding this Right -of -Way departed from the section line between Sections 7 and 8 to form a curve around a then -existing reservoir located primarily on the East One -Half (E 1/2) of Section 7, Township 6 North, Range 67 West of the 6th P.M. • At some point thereafter, we understand the location of the reservoir was altered, or the reservoir was removed. A subsequent right of way (being comprised of the westernmost 30 feet of the southwest quarter of the northwest quarter of the said Section 8) was then granted to the County by Conrad Greenwald in 1929 (recorded in 1930), as reflected and described in the Right -of -Way Deed recorded in Book 895 at Page 141 (Reception No. - 3 591889), and this 1930 Deed references "straightening the County Road" and "thus eliminating a heretofore established road in a circular form in the Southwest quarter of the Northwest quarter (SW t/4 NW t/4) of Section 8, said Township and Range." This 1930 Deed was notarized by one Robert E. Hanna. Bruce Barker January 27, 2022 Page 2 A companion right of way (being comprised of the easternmost 30 feet of the southeast quarter of the northeast quarter of Section 7, Township 6 North, Range 67 West of the 6th P.M.) was granted to the County by Fred and Grace Wells in 1929 (recorded in 1930), as reflected and described in the Right -of -Way Deed recorded in Book 895 at Page 143 q (Reception No. 591890). The deed from Mr. and Mrs. Wells reflects the same language about "straightening the County Road" and "thus eliminating a heretofore established road in a circular form in the Southwest quarter of the Northwest quarter (SW %4 NW I/4) of Section 8, said Township and Range." • The deeds from Greenwald and Wells to the County shall be together referred to herein as the "1930 Deeds." A copy of each of the 1930 Deeds is attached for your reference. • Following the 1930 deeds, the new right of way for County Road 15 followed along the section line between Sections 7 and 8, and the strip of land that curved out into the Southwest Quarter of the Northwest Quarter of Section 8, which had been conveyed by Warranty Deed to the County in 1905, was no longer needed. • In an undated Resolution following the County's receipt of the 1930 Deeds from Greenwald/Wells, and as a result of the 1930 Deeds, the County Commissioners determined it was "now deemed proper and advisable to abandon the present highway where the same exists adjacent to the West side of the Southwest Quarter of the Northwest Quarter of Section 8." The Commissioners then resolved as follows: "It is hereby ordered that R. E. Hanna is hereby constituted and appointed as Commissioner of the County of Weld to make a conveyance of said lands as now used as a highway to Conrad Greenwald...". Conrad Greenwald then owned the Northwest Quarter of the said Section 8. Presumably, the R. E. Hanna referenced in this Resolution is the same person who notarized the 1930 deed from Mr. Greenwald to the County. A copy of this Resolution is attached for your reference. • However, although it appears the County intended to record a document formally vacating the right of way that had been granted to the County in the 1905 deed and conveying that strip of land back to Conrad Greenwald - based on the 1930 Deeds and the language of the above -referenced Resolution - neither our firm nor the title company our client is working with can locate any deed or other document recorded in the Office of the Weld County Clerk and Recorder purporting to abandon such right of way and/or convey the 1905 right-of-way lands back to Conrad Greenwald. • As such, the 60 -foot right of way granted in 1905 remains a cloud on the title of the Northwest Quarter of the said Section 8, since it was never fully vacated as intended according to the Resolution following the County's receipt of the 1930 Deeds. To be sure, the 60 -foot right of way granted in 1905 is currently excluded from the property's legal description. Additionally, since the subject strip of land was conveyed to the County in 1905 by Warranty Deed, the record title reflects it is still owned by the County. Bruce Barker January 27, 2022 Page 3 • In 2007, multiple parcels of land, including the subject Northwest Quarter of the said Section 8 in which the lands deeded to the County in 1905 are situated, were annexed into Windsor. A copy of the Plat for the so -named Tacincala Annexation is attached for -- (o your reference. Our client is now in the process of seeking entitlements related to a planned future development of the Northwest Quarter of Section 8, among other lands included in the Tacincala Annexation, and needs to address the curved strip of land conveyed to the County in 1905 and never conveyed back to Conrad Greenwald (or any of his successor owners of the Northwest Quarter of Section 8). We have looked at the applicable statutes regarding vacations of rights of way, in particular § 43- 2-303, C.R.S. (copy attached for your reference), and based on the same, we understand that the County is the only appropriate jurisdiction for vacation of the roadway described in the 1905 deed to the County, notwithstanding the fact that the surrounding property in the Northwest Quarter of the said Section 8 has been annexed into Windsor. Our reasons are as follows: • On initial reading, while §§ 43-2-303 (1)(a) and (1)(b) permit a town (in this case Windsor) to vacate a right of way if the to -be -vacated right of way is within the town's corporate limits, this permission is limited as stated in §43-2-303 (1)(a). • § 43-2-303(1)(a) limits Windsor's authority when it says that a town's power to vacate is "subject to.. .the provisions of the statutes of the State of Colorado." • One such limiting, and determinative, provision is found in the subsequent text in that statute, § 43-2-303 (2)(b), which provides, in pertinent part: "If any roadway has been established as a county road at any time, such roadway shall not be vacated by any method other than a resolution approved by the board of county commissioners of the county." (Emphasis added.) Here, the rule of statutory construction, that general permissive language must yield to more specific prohibitive language, should be applied. The strip of land from the 1905 Warranty Deed to the County was clearly established as a county road, and we understand it served as such between 1905 and 1930. • While §43-2-303 (2)(c) provides that only a municipality may vacate a roadway that has been established as a municipal street, the strip of land comprising the original roadway conveyed to the County in 1905, for which our client is seeking a vacation and conveyance back from the County, was never established as a municipal street for Windsor at any time, so the language of § 43-2-303 (2)(c) does not give Windsor the authority to vacate the former roadway comprised of that particular strip of land. • The language in § 43-2-303 (2)(b) limits the permissions granted by the language in §§ 43-2-303 (1)(a) and (1)(b), and confirms that the County has the exclusive authority to vacate a roadway that had, at any time in the past, been established exclusively as a county road. If a town were able to unilaterally vacate an established County Road Bruce Barker January 27, 2022 Page 4 simply because the surrounding property was annexed into the town's boundaries subsequent to the establishment of said County Road, it would produce absurd results. To be sure, and using another county road for illustrative purposes, the County has a long- established county road being County Road 74. County Road 74 runs from the Larimer County line on the western boundary of the County all the way east to the Morgan County line on the eastern boundary of the County. On its course, County Road 74 runs through the Towns of Severance, Eaton, and Galeton. It would not make sense, as a matter of public policy, for any town to be able to vacate a small section of that County Road annexed into its corporate limits at the expense of maintaining a through roadway that was established as a County Road for decades prior to a said town's annexation. Here, and in every case where an established County Road may run through the boundaries of a municipality after annexation by said municipality, the County is the appropriate authority • Ian McCarger, from the Windsor Town Attorney's office, is of the same opinion, and in our communications with him, he has confirmed that, pursuant to § 43-2-303 (2)(b), Windsor cannot, and does not have the authority to, vacate the right of way conveyed to the County in 1905. Windsor has indicated it has no objection to the County vacating the strip of land for the county roadway granted to the County in the 1905 Warranty Deed. Windsor's written consent to the County's vacation of that roadway would likely be readily obtained, and we understand the County may seek Windsor's consent anyway as a matter of the County's standard procedure where the subject strip of land to be vacated has been annexed into Windsor. However, given the unique circumstances of this particular strip of land, we interpret §43-2-303(2)(b) to not only permit, but exclusively authorize, the County, and not Windsor, to vacate that strip of roadway and convey it back to the current owner of the Northwest Quarter of Section 8 — the County is the sole entity with the authority to do so. Please let us know when we can arrange a phone conference at your earliest convenience to discuss this further. Thank you for your prompt attention to this matter, and we look forward to hearing from you. Sincerely, Coan, Payton & Payne, LLC /L,{.jCJ+iV'�✓` ,,,,yam-.✓�_ Daniel W. Jones Cc: Mandi Huston, Client Attachments NOT PART OF THIS SURVEY li ti i N32'D457"W___? FOUND NO. 4 REBAF . VT H OFU1KNOWN LFNG11 WITH BLUE tA≤tic STAMP ""LS 37963 S *O4t #E 11LO4' '' I 6O RIGHT OF WAY DEDICATED 11 < yC TO WELD COUNTY I 'I p BOOK 22a PAGE 160 EXCEPTED FROM DESCRIPTION NOT• PART OF THIS SURVEY' III `u , 4 SEE SURVEYNOTE 1 15"GIP SUBJECT PROPERTY m2UI tI` , r 56334 SF t293 Ac jell iU III ttt I ' i l I / I II r III r / I 12' RCP FOUND NO. 4) REBI OF UN.KNDWIWLENG WEST QUARTER CCU ER I WITH BLUE PLASTIC SECTION 8, T. 6 Nat R. 67 W. , �� STAMPED PED BLS 3796 UNKNOWN LEN TH FOUND -��" PIPE OF � �- WITH 3-1/4" ALU INUM CAP fl �r�1 i; it WARRANTYDEED. THIS DEED,Made this 26th day of May in the. year of our Lord one thousand nine hundred and five (1905),between THE LIVE STOCK COMPANY a corporation duly organized and existing under and by virtue of the laws of the State of Colorado,of the first part,and The County of Weld,State of Colorado,of the second part: WITNESSETH: That the said party of the first part,for and inconsideration of the sum of ONE DOLLARS,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 aclmowledged,hath granted,bargained,sold and eonveyed,and by these presents doth grant, bargain, sell and convey and confirm unto the said part - -y of the second part and assigns forever,all the following described lot or parcel of land,. situate,lying and being in the County of Weld and State of Colorado, to -wit: A strip of land sixty feet wide for a County road,the same being situated in the West half of section Eight (9) township six (6) North of Range,$ixty-seven (67) West, the center line of which is described as follows: Commencing at a point on the section line one hundred twenty eight and six —tenths (128 6/10) feet south of the quarter section corner between sections seven (7) and eight (8) in Township Six (6) North of Range Sixty seven (67) West... Thence North sixteen degrees and fourteen minutes East Five hundred sixty eight and eight -tenths (569 8/10) feet; Thence North Four, degrees and thirty- nine minutes west,four hundred sever1six 1/10 (476 VIO) feet; thence North Thirty-one degrees and twenty five minutes west,two hundred thirty 9/10 230 9/10 feet to said section line between sections seven and eight. TOGETHER,with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,elaim and demand whatsoever of the said party of the first part,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. . TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances unto the said party of the second part and assigns forever. And the said The Live Stock Company party of the first part,for itself,its successors and assigns,doth covenant, grant, bargain and a- gree to and with the said party of the second part and assigns,that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed,as of a good,sure perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and hath good right, full power and lawful authority to grant,bargain,seli and convey the same in manner and form a- foresaid,and. that the same are free and clear from all former and other grants, bargains, sales, liens,taxes,assessments and incumbrances of whatever kind or nature soever;....and the above bar- gained premises in the quiet and peaceable possession of the said party, of the second part and assigns.: against all and every, person or persons lawfully claiming or to claim the whole or any part thereof; the' said party of the first part shall and will WARRANT AND FOREVER DEFEND. 161 IN WITNESS WHEREOF,The said party of the first part hath caused its corporate name to be hereunto subscribed by its President,and its corporate seal to be hereunto affixed, attested by its Secretary,the day and year first above..;ritten. ATTEST; E. D. AVERY, Secretary, STATE OF COLORADO,) )SS COUNTY OF LARIMER ) IA THE LIVE STOCK COMPANY; By Franklin'0,. Avery, President. I,NEWTON W: CROSE, a Notary Public,in and for. said Larimer County in the state dforesaid,do hereby certify that Franklin C. Avery and E,D.Avery who are personally known to me to be the same persons whose names are subscribed to the foregoing deed as having executed the same respectively as president and secretary of The Live Stock Company a corporation,and who are known to me tobe such officers respectively,appeared before me this day in person,and severally acknowledge: That the seal affixed to the foregoing instrument is the corporate seal of said corporation;that the same was thereunto affixed by the authority of said corporation;that said instrument was by like authority subscribed with its corporate name; that the said Franklin 0.. Avery is the. president of said corporation,and the said E. D® Avery is the secretary thereof;that by the authority of said corporation they respectively subscribed their names thereto as president and seeretary,arid that they signed,sealed and delivered the said instrument of writing as their free and voluntary act and deed,and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. "Given under my hand and Notarial seal this 27th day of May, A;D.,1905, My .commission expires.July, 2nd., A.D,,1905: No. 103,139• Filed for 'record at 10:45 o'clock A;M.,this 31st., day of May, 1905. NEWTON W. CROSE, Notary Public CHAS DAVIS, RECORDER, 22229 !i!I_-L_e�llil_I!!!!i r!�!rrl!! !!!!!rt!!IFr1J!!!r-1!!!!!!r!!!!!!!ir!!!!!!!i!!!I!!!!I III!li!!!! 2zz2222 2 z2 22zLL2 z�zs �� z zT22z r�� MAY 1;3 1r;� ' 3 Pil RU;IIT OF l WAY 1,M.11=Wc1C1 County News, Grcelcyl;miliilthlth: ^-------^-^------Nl- — --"� GlnCl`--- 800K l4ecaptloll PBo. 59089 __ El. C 6RABLE, Rerofdory c„—llow �= ll kit 1111 Ullc5r 4hr1CBf5, That 1,._.._ .. _._.....4gnrod_Ur.eenyral.4.. ----. - of the County of _.....-''idC ] d------ ........ .... .:. _. _.__. .and State oE_.C o1Cs 2,do ... _..-.._-_ _ . __._ .. _for the consideration of-...Une...d.ol'La.r..«nd_.ather__g-o.o.d_.acid..valuable. considerati.un:;______ iii in hand paid, hereby sell and convey 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: Astri�of 1 round_._ --__l L 8 till 'y,._ -..-___.feet wide, it being thirr ty . feet on . ttic_, e2t _._._side of the Southwest quarter of the northwest quarter. (S';J id',74) of :section eight, township `six :JAorth, Range 67 West of the Sixth P. 11. This deed being given for -the purpose of straightening the County Road so that the same will run North and South along the Section Line between :)ectiorirs seven and eight in said. township and range, thus eliminating r). heretofore establl :lied road in a circular form in the Southwest quarter of the ilor.'thwe ,t quarter (sW }:i4) of Section Light, said Township and range. The consideration herein stated is in full compensation for all damages which would be considered and assessed in any award or verdict in a proceeding under the Statutes of Colorado, to condemn said strip of land for public road. Signed and 22nd November delivered this_________________ -day of___-_-_-_________-_-__________, A. D. 19___29 _ TIIE P1 OE OF -- - - 1 ---------------- ail. �1i 1.�1s.t G rlfi` /•-..i. I/I r � r I. f•lli.flFi BOOK 895 FACE142 STATE OF COLORADO, County of-------;Te1d----------------- ss. %,--?wham_.&-.__ianna,_a-!ira.tax3r__Faab.lia-------------------------------------in and for said ---Yiel--________________-._-____-_---_--County, in the Stare aforesaid, do hereby certify that ---------------C_onra.d _Iis ni• d:--------------------------------------------------------- -----------------------------------------------------•who 1 S-------pereonally known to me to be the person____ whose name__.-_ l -___---_--subscribed to the foregoing deed, appcarcd before me this day in person, and acknowedgcd that -__ha__ -_-__-_-__signed, scaled and delivered the said irs_rutzcn_ of writingvoluntary act and decd, for the uses purposes the -em cc: forth. ,._t'In ate_ ? ________free and and - forth. Given under my hand and%__seal, this-_ Lr!.en.tJ≥'e.C GTLCI___._____-_____----_day of -------------_, A. D. 19_29_. My com:7ission expirea I!± J ......_... 1 21 I(U'f1.R`' P BLIC c 0 z - V O � I 0 I r1 j e I 1 1 I S 1 I I 1 I 1 \1 I I I o 1 ® I I I .r 1 X91 U O ! U 1 I CL1 U i 1 ti 4 o 1 O u o u W tOIt��7 F-1 V -d'. O h O U U T" ( to) Oo �' n R��l,rd tf __:4p i. n_-.= ItTV if P OF t A DEED —Weld County New�iJJt'ecley, Colo .9jyg-�t ('�yr� �' fl ,�� flocoptlflll Ts.al n.e�ax+.m m.vin,..-, U. C1 &ILt, theuoff. � s3UOK X95 tr �ii A.11 $ie:ll F"i ;s${'illtsC' 1ffitt5eflhat : Sa EXHIBIT of the County oE._-.Iwliner ..............------_. - -nd State oECoar0----------------- the consideration of _.-.Qr1P... d_CI—Br- in hand paicty'1 ande, +ssthe /?' strip of tetchy sell and convey following real pr ground...t. .h . .� --- �> \ R 4 DOLLA, yield County, right of way for a 931ic highway over situate in the Cout f Weld and State of ratio, to -wit: ___feet wide, it,- tig._.aYt-7T-f:y - feet os-tlhe...0 D.S t --_side of ,t 'e n " outheast :t,uxtthhr of the iTor-k i t quarter- (Q". 'It ) of f:ect (axe`' livznbered'.Sie°any Tovariship S )I:forlth, Runge F;,kty-seven, ies't�bf the S 7,,: :t4 . 1/• Cw i (C>)0) This reed. being givenc$or the purpose (?�l straighteninelthe County mss% to ,t so that the sa,`t1�ev 3ne between EJe�4S�ns thus elirr!iri . cif; ahe: will run liorkt-' ncl fiouth a1a ' the L5ec:tion seven and ,% ght in saki t; ship and r21D(Pe.%N 0tofore; 'stab7.ished. ro@in €, c].rcnlstr,. t�rrn inthe out1Sest quarter of&3the iforthvnest chi rter (si41- EP:/j")' A r, r1 C Section ;1,x ;1-tt, said and itanece. \may ? I'ftc consideration hcrei' ''ted is Ill full U in any award or verin a proceeding public road. Signed a1 diverecl this day of.. THE' I ELESENCD OF ) /j I\CJ �C J tinages ! Ad be considered condemn said strip D. 1g---- •11'. .I: iTi. \ \ f 1 BOW 89 AGE144 s ' C> cr STATE OF COLORJO, 1'> C`'� �c , ss �� •� �`V nutty of Lari �C \C 4 edV Stover ' Mary Pub z a ; and for said--____ ?meY _-___-_____ti > _.-____County, in tllrsi* late aforesaid, do liereicrtify that Fred T1V1e11s and Grac Wells --------- ------------------------------------------- ()---------—who---- r -- - ------------------ � &re-------- nally known to Inc to,l Ohc person___ whose n - S ___�? Bsub xtjtd to the foregoing d e l ippcarcd before me th i y in person, and ad:nged that .-__thQY__rt _signed, scaled and t ctiir'crcd the said instrum f writing as -_--_the --__-free and voluntary, and decd, for the us itd purposes therein sct� h. Given and hand and- J?0ta1'J seal, 4 this------ 2.\ --day of Rte- "- ------- f -- ------., A. � 1 i arch 10th J- AA.D.Di9_3� cam. �r �' h�iy�ic:e4ri ;fission cxptres___�- - 1 ,<•��;• I �% Cam,,<` ------/1-S------ -- --------- -��.\>" <� V Mary Public �'0 T �) I ;?c '/s 5 n f,J - Sf NJ 4 ,; I�5 r I i/)<? i I' C-, I 1 � I 7 i � U o 1 I i r I i I �� 1 ` i i i O I h bL$ O I��.� �r. n _n 0 • EXHIBIT IN THE M PTER OF APPOINTMENT OF R. E. HANNA COMMISSIONER TO CONVEY PROPERTY WHEREAS, The County of Weldhas acquired from Conrad - Wells Greenwald, Fred J. Wells and Grace,ra right of way for a public highway on the West side of the Southwest Quarter of Section Eight Township Six North of Range Sixty-seven West of the Sixth P.M.-, in Weld County, Colorado by proper deeds of conveyance and that WHEREAS, It is now deemed proper and advisable to abandon the present highway where same exists adjacent to the West side of the Southwest Quarter of the Northwest Quarter of said Section Eight. NOW, THEREFORE, It irfl erect, that R. E. Hanna is hereby con- stituted and appointed as Commissioner .of :the County of Well to make a conveyance of said lands as now used as a highway to Conrad Green - wall more fully described as follows, to -wit: A strip of land 60 feet wide in the West half of Section Eight, Township Six North of Range Sixty-seven West of the Sixth P. 24., 128.6 feet South of the Quarter Corner between said Sections seven and eight;.thenee North -16°-14'_. East 568.8 feet; thence north 4° 39' West 476.1 feet; thence North 310 251 West 230.9 feet to the section line between said Section Seven and Eight in said township and range. IT IS FURTHER ORDERED, That to -such Conveyance the said R. E. Hanna is authorized to affix the seal of Weld County which said conveyance when executed in accordance to this order shall have the effect to tran2fer to said Conrad Greenwald all real estate above described. - On motion duly seconded and unna(nimoussl�y�carried. Nayes: None. Mr - 1Y 1dO E9 L THIS J+NOSATHRO DOESREOA NOT COSEMENE A TITLE SEMC BY II INC. FER ALL IM (IRMpipIJ RCGONOING EP OMEMS TIGHTS OFO OR MILE O" PRWRO 1ST I LMQ1'JCE. ON&J TIRE COMIJHANY, OLlCY E0. EEMBER II. 2 AT oo DM. PWOrI( N(7 CUA124aoh COMPANY EFFECT VE NDH (REP I1, 200E AlI DAJ M., PQL.IL EOEA W060n 2002 A5:00 00LD HY LAND TI TIE CUPIiPW[I COMPANY. CFFECirvE CECEM9Ee L '0006 Al AE.M., MPANY Er DFC1MB2BW-10 PREPAItf11 bBY LAY£ TIRE ION GUARANTEE COMPANY EF.8lO-F Ah END EF 1N UOC6 Al 5 ED y'ANO W ICY NO BIT F LL COMPANY, crrrc' EM C R 122 WIC 4MERMAN HERITAGE TITLE COMPANY. CIFCCIY. OECCM OLR !, 2(iUL 41lfOU'pM 2 ACCOROMC TG COLORADO IAN, YOU MUS1.fQMMFNCE ANY tc-CA ACTION SEED UPC`( 4iv DEFECT IN THIS SUREVEY- WOIYN THREE YFATS AFRO 'DL' FIGST OVSbvrR;O SUCH DEFECT IN NO EVENT( MAY ANY ACTION BARD UPON ANY DEFECT IV THIS S.REY BE COMMENCED .]IORETINN TEN YEARS FROM THE DATE 0• CCiTPICA7,ON SHOWN HEREON, . 2. A TREASURER'S5INDIC DEED RECORDED SHOF KERN'S DIESty &. NQ R5J41T8 INDICATES CSETHFSTED A TO ,C AL RESERVOIR PARCEL IS 0201, PO AS AN SSULEASEMENT TO tERSHIP OF IF ERVOIR CO BY AND?\ FCT BO DA ESTH OF PWNESUBJ OF 01' RQAERI P PARCEL AND OF LET BOUNDARIES THLE CA IS O 2001:T0 n V11P1JGC PLNORJG 'HE COMPLETION OF QUIET 111LE CASE NO, 2W3.�/ pLH6)A 1. THE' No)ko "CERRFY OR 'CERWICATION' AS SHOWN ANN USED IN THE SU'NETC85 tTATEMENT HEREON 15 MI EXPRF SSIDN OF PROFESSIONA OPINION REGARCNG ME FACTS OF THE SURVEY. AGO DOORS NOT LQN,IIILIf; A1YIJRN Y ON GJ4.W4J1Y. LXPRISSED OR IMPLIED. BASIS OF BEAWHO $TATWENT CONSIDERING IHE NEST @ OF THE NORTHEAST OUM1tR OF SAID SECNON ! BEAR HOI'0' 581V PfIP.W3L( irsRMIM1I OF SA'D L'NE (MARKED AS SHOWN ON TRIP PLAT. WITH ALL OTHER 6EA lI $ RELATIVE THERETO F 7/11/71/1/1/, DENOTES CONTIOLOUB� BPGUNDA9Y WITH CURRENT CRY i rrs IOIALNTI UGHIMLILfJ ....... .36.452 4 FE"Ei C/6 ALS BCUETER.... .655258 F(Ri P I 1/6 TOTAL PERIMETER...............5.506.]5 FEEY - Ht' IJD( LCVL14 SIILU ... _....SHEET 1 OVERALL BCU"IOPRVI , SHELF d ANNEXATON LVY 4HLLIS 4-10 $QS1gfp6E8#S��AAyPPROVAL APO ved 1X5 the s< day ac /JfQ _._, 20O] own E^9'nePc �z / / oC� 2007, TO1PLtNFffW8AJ cOVAL �//- � L 4rraed th[ :He _2/ �oy D' [[2NFC/r�� 20']]. Town e• ' , r •Tb1N 1 WAXER AND SEWER DEPARTMENT APPROVAL Vs area leis Lee <_d day cl li2/iA 200] ttr e w��n 9il cl0? IMF( Wor4s z u1 3 = 40] ILOZrc fl 33 6�3 Stil041%iiniiuiinnii OOLLIGiiin dul�ui � TACI NCALA ANNEXATION ''.S ..±. . I '[i) c. A PORTION OF SECTION 8, THE SOUTH HALF OF SECTION 5; THE SOUTHEAST QUARTEWOF 'SECTION 6 AND THE EAST HALF OF SECTION 7, TOWNSHIP 6 NORTH, -I RANGE 67"'WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO ', owNExs APrnovAL AtWTIgg �•"''' '<','. l PAI DEP [Ef pRON pxNUW ALL MEN TOT IH65L +HLS N6, IHA1 W£. GRENwpLO�NCNEf CO C. ' p "PRICE UI LnNU LOCATED M SECTION 5 ME 5011TH glppFl OF SECTION 5, THE SOURiEAHL OCARTER OF �•gCINCA.a INVES➢nENTS DC. GEORGE H A FRiR614 H 5APMER'GRE�1 AND SARA SECTION 6 AND THE EAST HALF OF SECTION 7. ICWNSI III grN1pIF, RANGE 51 WS: OF THE RAN, PRINCIPAL MER'OAN ' AA P, DMA, RUSTEE5 OF THE CALEDONIA FAMILY MUST. CATER 4/�Y 51,1994. AND 1 . WELU COUNTY, COLORADO, AND BEING MORE PARTICULARLY PESC(iRTD AS FOLLOWS: Gdt[I13I fMM`: INC., UEING THE SOLf OwNCA5 OF TRIG IANU UC5TMBP0 ppERDH, aN^'M OREO REND SARA CAl£OONIA T�$TEEB OF TF1E OAIEDOFIM J' MIND CAUSE➢ SAID LAND TO BE LAID OUT UNDER THE NAME OF TAI IM1�CAIA ' In wutn TRUErc RATED MAY 6,'NB! ti { ,' A NE ON AND DO HEREBY DEDICATE i0 ME PUBLIC FUREJER ALL a1RE[T5,'\ s A bbIN RING AT THE (IN WET LINEEO CORNER Of EAST QN 7, T6N) RSN, BEING P 4-0 B' PLUM, OW SWAMPED L ALB 39; AU' UTILITY EASLMLNIL AS INOGIONS HFRI t1N Iry PACIUAL A f In ',Incas Lhera°I, we nave semunty set our- na REMNLSS'u)NTPNEO HFREW REUIIVE NE OF 1THEREFLOT; i OUPRIER OP 5'N SECTION 7 i0 BEAR N0101'581V. WITH ALL OTHER IOwry'gF WMOSOR ANNEXATION REGULATIONS PAT BY CONTRACTUAL AGREENTSMI _ ba. f ?^tl xalz Inre THE LANDOWNERS SHALL BE W ALL EXPENSES INVOLVED IN IMPROUITNEITS day vt ylin6t," ly�, IUUJ./ , /� a THE ALONG THE WEST LINE OF THE NORTHEAST OUPR'IEfl or SD SELj1ON J NGf01 59"w, I,1J0 N FEET lU A I'CINI OWNER Ott i4c/ <TBairB[ CIO hereunto t( E /'i r / 5TL O ON THE IS(IUIN-J1 BOUNDARY OF THE KFRN'S ESCINDIR; - I in 'tress IHeri^/ wy,n9vr M1ercmto szt ^m twos antl snb lMz �U Ip, TRUSTEE OF : NIA, M05YEE OF THENCE A10NP"•SND SO.IIXEEdY WUHOARY TILE IULLOWING IWELVe (12) CWR�C r !r 1 ]p29'tfi°f }IOIS °ECr: hM 4HF Y .5.. EPtlrly 1NGSi, T c GJ MAY PPMII r 1R(1T, + sbt H IhxL.'2 'lU FC°( I de of yL✓ilF 7007. :GATED MAY 5. 159A. TEc LIAY 5. 1994 ` 3 N/bSO44! III 21 TE(1• 1 4, N492044 E 3291 )EEi - �� '/"' ' L c 'wOTAapl� n'rF nrE n nml S. N553044E 2906E FEET �. r-- Dn•,d iznelk•. President , d�"yxLv 6. S79'39'15"E• 25275 FEET'' NOTAP Ayr /NO "' StP1E OF CO//LD 0 1 )SS is YHOiARY J N6p2Pr,4"C 24774 FEET 1 ELL OF(L/ B X39'25 e4 E, 100 30 FEET'/ STATE OF COLORADO ) I'UB. 9. N20 ]0'e4'F, 100 }D OFI ICES •/' V The Pure9m^q I/isR$S! was aclwxlL DON before iWLF ci's Do NW 59164!, 165.49 I[ET;• C011Nry (Il W[I0 1 _ .•av•v CARED IALIAMNIF MOSSILt of rHL CA LDOI WMILY< ,QT,CDVC+RRY AI 11 NOO4916Y1 CI)Si ILLI; Yg1y'?9lu unalny I , In' X1191 -n9 mzlmmenl Wai celnaMed ed nelor r!, by DI Tscloth, DATED MA 5. 1994 l 12 N lE 1094{.19 BS 1LLI, r / h. ! / Ds PresidsnL 01 G/nannalJ - Ts'<Itel L^.. DECSAP/ THENCE :[d3O29C tpl5,d1 ICE(, Ines /(�' C. M , 2O0] THENCE ALONG S9`D. GHFEWT TO 4 PNor 'OERIE 1567,76 RILIIi-OF-WAY LINE OF WELD COUNTY ROAD 15'' lnz/ Joy 01 ✓HINT/•/i 200] THENCE ALONG SD RIGHT-OF-WAY LING N00'9:'021V,OE].]6 FLEE; r, My corer, a, expires"` k " THENCE CONTINUING ALONG SAID RIGHT -OF -WA/ IWC; Not 27'28 1 )9.]6 FEET TO A PO Ni ON THE 140RI WRLY MY Cvmnlssian expres 8 < ' f No RIGHT_DF-WAY LIRE Of W0.C CWNIY ROAD ]21 r Y PpLlic THENCE ALONG'YJD RIGHT -CA -WEN LINE THE fOLLOWINI)QH(QE, (3) LUJRSE5. l [ 1 iD y `plc 1 NO pl l I ) ." . 1 N8B3000'L, 29.53 'LU. 1 _ . •'\ •\ ttJL'6L C)"C-';' 77. NEI29'10'L, 2S2/2 PE6i t• + 0WMER BEORfoE H,! o e he, u lo Net etr ' r' ` STATE OF 6`6LORA60 1 ; n ✓ H Ftlr2b SCE. 2,532.53 RCI 10 A .22. ON THE WEc1FALN NQ 1 —OE —'NAY LNE OF STATE HIGHWAY 25] AS DESCRIBED IN I, T'Sieas theater, we M1ave bar... a set cur Farads ana ss^Is Ih. v • NP! OF %.r(✓yr lass '' Litl AF HE WPRHANN RED RECORDED JULY 22, 1956 AT THE F it N0, 1#U269: 111 (, s Wl ) 'tHENCE ALONG SAID AESTERD' RIGHT OF WAY ONE THE FOLIO AW.-I (P) COMSEE. dp.of �,r��,y�� ZODJ ' ' The lare9vrn9 rnspvrrenl ,us octrox'ed sd pelarA me p - OT'✓fY SOO po'36'E. 30.03 FIST ' —. ,!1 , 1 O SCC OI:5A1Y. :S GO FER. C•K—�1 �p7/(,rft KRAM 2c. .yK(�W SAGA CPLEDON 1 TRUSTEE D° IHE :ALEDCHu FAMILY IRJ51, 3. 234 ibS42IO'F. 64.L0 cEFT, — GEORGE H KRAA,FA ' PnTRICIt R. NRPIIFR OAIIJ MAY S, 1994. FUBLIG 4. 234 Ib Ffft,ALOKL A NON—WNOEIJT CUM9 TO THE RIGHT HAVING A NAD10�' OFD1.4 MOO FEET, A c NMAJ- M'CLE OF 1�...................u) a: 0. 0321)9410 A'CHORC WHICH BEARS Sol09-389.'. 234.10 FEET: NGT[,RV,L CENTIFIUTE o ' =% i!, 2007_ / W2(pF iYQ4�15 5. 501 4W 544 t 02.29 FEET TO A POINT, $AID POINT BEING MONUMENTED Br A COLGRAOp JEPpRiMEM or HIf.HWp15 . BRASS CAP IN 0 ) .. TAMy µmrmruluu capuaY A3'.4'• 9v` 1P'$C J. • t( .2X IL� T BATE OF ee668MR9 'Q A'FAFeRw '4t A"<t�--� (;U+1... r, ;nl Dl 1s"C. r22 A.Ns EET. - " - T� 1 PLENTY OF WFFFI- ) A/Eq pXjNEHTo - ' Notary Public / i_ ] s CALF in . CONCRETE IiECI TO A POINT, SAID POINT 6EINO MONUMf.N1EU BY A CGLORAPO.00PParMf Ni W IiIOHWAT$ ') �]' BRASS CPP 1 CONCRETE:' ` r: T 501'O6'40E, 094 F. 1 TO a POWr ON THE 5OUEH I TN[ OI ILL E SOUTH QUARTER 01 RPN jLCJiON O: He f°mparno 'nstmmarrl woy ac4nowleo`yltC nplore me by GEORGE N. RggMCR i `• THENCE ALONG SW!) SOUTH IJ Art ,NO 14;50 V/ I/nS 9B ILLI It I'1SA SOUTH OUMTER CORNER OF SAID; SECTION 9; °s Ys, PVIEORg. H])J" / THENCE NGPS<D9 W 66488 FL 11YO 'TIE 5-S 1/b4 CURNCR OF AIL SfCEION B, tM1e . x vp:11 �" TM1r rs t0 c1r1IIY I bvlu�, IA0,L' nA, lbe nroIerly described herein wne opp o.d py j 7IJENCC 5H/'31'SbW 2,G2tl fi/ fLET 10iHE 5-5 1/64 CORNER OF SECTICNS7 AND 8 �E� 15. cOM1NURJL SBrslb6w, 3[Ibz F£5T `0 P PD1n1 ON n4E wf5T[av RIGYi-OF-WAY LINE OF wELD•QOIXlVI ROAD MYoT O/rv`Nr!- f// =2) Orm�n`OnttNo �.Q�/•�//�e /is' ` M Ire Tawn nl w,nCsv P^zsed and °e°Pted an 1he / q°y THENCE ALONG SVC RIGHT or xAY LINE JO ,2 521v 66465 I LEI TO A POINT ON IHE SUVI, ,mE Of THE. NotM,'•AST " eb ` lrvalNa a RING „C al flies 2pyR PD:'JTrl1 Inpl Pa Moyar ei the Town or Windzer, as authorized by aer0" QUARTER GF THE SOUTHEAST QUARTER OFSpr1: SECTION 7; NCrNSAI CERI Fr A'E rsmNli^n/ord.n°,ce on proall nI IWe ?pnn 0! WinBOC hereby °[4nawled9es and adopts the said plat" `a' 4 itlEM10E ALONG SVD SOUTH LINE SBB 4] Cb'W 4St S3 FEEL IC A POINT Oh TW 4pP(HFPPERI Y 1d(N' OF w4Y,UWP 01 u IRE CDLOR400 MD SOUTHERN WLR04T• upon ^rKn rn.z mrld2me .z end°rse8.'/g'911 parP^xs n sled In[/ton THENCE 5391542*. 50,00 IE[' iC 4 POtNT O4 FN 504iXWE51ERLY RGHT_ STAR (Jr LrJLUIWID ) , F OF -WAY HAD or ME COLORADO PN0 THNCERA RNG BAD •�55 � p _ TO ₹.r., THENCE PLOHC S RTIDN —WAY LINE, NSpJll6l1'„IOBd,DDa FEET iU A POINT ON THE WEST LINE O[ i16 SOUTHWEST COUNTY � : 11<L oycr/ AI own C 4 ♦, Vi'iQUARTER OF SAID SECTION 7: FICA / e ° ebumpnl was �\ : THENCE ALONG MF WEF LINE OF DIE SGUTHWr5E OdpRIL<gF5PID SECTION 7, NGP01'321V, 655!0 FEET TO VIE POINT FF 94BBir Q„ac4n°wled9Ad before me by 1 In W l.W V[ BEGINNING. s fA1i6` .•.na . s Owner 1 p4, / n,IE55 AND EXCEPT ME MHOWIHCT PARCELS: I tns-ApB{lT�. a"007. ' `. ypjyp M,V6AOER8 APFAO NL • `. ALL IHJ (\AH1 Of THE S1RRP 0r LAND DESCRIBED IN ME WARRANTY DEED RECORDED IN BOOK 225, PAGE 160. LYING MY dDmnusprun Cerp�p� 3/B�PY/o P /L;C� ApWOVee This lM1g 1" d° °I Y1 v+& %.n vUBU Y f 'L 2007, WIMIlf.R1E,50'JTHEAST 011PRTF.q pF SAID SECTION ], RFPNG I PAIT II CU•AHEY)oEsLN1aLD As IULLUWS: P I p is N°1De Public , )11 Je s+'NuAP COIAME SO AL'THE WES QUARTER CORNER OF SECTION e. PER R67W SEIN�IA S`i/4" PP11M C!P 4AMPED 15. 211695 r%311 CO I,(,e 9, p ,! I THENCE S08B9'5QNFi 34229 FEET TO NE POINT or BEGINNING - _ O R*WME M LLG C ' THENCE 500'21SIE l.18I FEET _ A L:OLORAOO ElMRE6 LI�BIL�Ttl OOMPANY THENCE 5893008Y1y STROH 0 FEET I In 'dress 1M1erea , na nosei e'I(AN eel our ^:^oz and sears this ` y IHLNCL NOT21'btW 205!1 THEN ' _ OR of Q7 BUfWEYORB aenrrMENT THENCE SOV21 DBE OS W FEET - d p b� 1 JOHN STEVEN VON h* A. A COLORADO REGSTFPFD PROFFSSIONA. LAND .]MVEYOP, STATE (HENCE °W 21'52 E 30.00 FEE:„ RAYM VU IRAVM VO E O SULIIVU LTR THAT THIS PLAT REPRE E 5 ME RESULTS OF A SURVEY MACE BY ME r UNDER MY OIREC! THENCE N99'J6'OBE 1C CO. F6LT TCSXE POINT OF BEGHNINL. _ SOPERNSCN. ANN 11IAI itt ifs RUTH AND CORRECT TC OIL DLST OF Llv NO'MEBCE, NOTARIF CFRIICAT^ INFORMATION ANN BELIEF J L NRMER STATE MAT LESS THAN ONE SIXTH OF WE AND ALSO, PERIMETER Of HE AREA 'P}OPMFO TO BE IlGUWS 10 ME BOUNDARY LME OF r SEAL OF COLORADO ) ME TORN OF WINDSOR :OUI}TY Ip'y4I1. 5 A PARCEL or LD, LOCATLO N ME NORT )Fs, OF SECTION A. TOWNSND h NORTH, RI TE 6] WAT nr C X1111 PM; )55 , I • /'1 COUNTY OF WELO, STATE Oi COLOPAIN BEWG. THE SAME PARCEL OF LAND [E50RIBEC 'N THE WARPANIT DEED NE�.CIHOED COUNTY OF Sri AT PECFFEIDN NO 1646359, ANp 9Flflf T.1OL(,pPY.IICut414V CL5018LL1 FS FOLLOWS. - '.DA '` 41 ! Inc lare9am9 In5lnmppl wos oc4ncwlptlgN fielore r,lc b)n Fri CON.4IENCING Ai THE NORM OU0.91ER CGPNEP CI' y§11,Q1J 8, i6N, RG]W BEING P 3-I/e" DIEM, GP SinRPFD L F. a 111ENCE ALONE. THE WE51 LINE OF THE NORinEA$L: py1N{ff_P OF SNp SECTlc11 B SOL'39b0"E. IOpe iEfE i0 IHE PINM•' .2 IA R] ON0 F OFAULIOVAN, AS MANAGER OF TAOII✓Ilq IHIESTNf-NT,. Colaml{ d TRIM Lwtl Surveys, III UNNPN4' A COFLUX MR RR try COMPANY . No 3116` :\ THENCE N87'Th55C .8'781 FEET: .• 'N, I Li�s.4 .µb1E�E _ JJ ._ THENCE SOtl2.i 04 E 22540 FEET: '4 41&ENCE SBP2941 TO 3872' FEET; MY'c° InyL5 onOripvCI 'I THENCE Nr p34'D9 W 22,.]9 FEo TO THE POINT OF e[clnnmc l +afirr PamIL • _ c.ornw'9NE' is NO R e \ 4WN_EL •.V'/O' c/lJ AasOciu.q /48 NO CCnsQIG^9 Errnise is ' CGLCiIE =PPus INC -010 ALSO, y c u No Ganeh af.COiJNIjg ll / /qn wn°e: xay. Eauld to U C/O F APPLE cOLEFF _ 815 North WIcll Street .ail Collins, CC 80575 1751 C LIE AVE a NCEL' Q( LAM) LOL ULD IN THE NOMHALF OF SECTION S. TOWNSFIV b 1ORip, RANGE 67 VITAL OF THE 6TH P M.; e}p•:• Corm Siltrus. N 0090} (970) 226-0557 BRIGHTON, CU 80541 COUN)Y.'F WELD. STATE or CUIORAIA: BEING THE' SAME PARCEL UI LAND �IN}SGJtIHLD rN THC NAWGNIY ULLU ACCORDED (TT% 933 97LO (970) ]26 0204 Fox Al REC IIApv ND S '5519,1. 1557978. 1565422, AND 1568132, AND BURG M1IURt PAJJrICULA.LY DESCRIBED AS FOLLOWS. OWNER COLET➢E`I?AIj,4' RlC. (]I3J 6J?3.IB99 to, •I I COMMENCING AY;TNE NORTH ou,a1ER CORNER OF SECTION 6, i6N, R6]W BEING A\./4' ALUM CM STAMPED ; S 4399. ^ 1.1113, Hareot. we ��'/A jorrunlO sat or herds and cola 1It THENCE Nfi126' 4Le 1100 BS: I � Oy of _/" P LOGY THENCE SOC 26' 1 IY13CO+y FEE TO IHE POINT OF BEGINNING: E ryQ ) ' p RTEEEINNPLD TSCHET Otl yl.() GWLiER / IHENC[ 407'28,4 C I '7'O GN FEET: E. 'Novne Culelle. Presld ,,t 'cIx, 34X4 15 RD WELL 1204 W f.LU'ifi Ir R P0B7- R [ER TACINDAILr INVESICOMPA LCG A COLORP00 EHEN(t 55050411V 472 BC FPEL. Ci0 YL(1TPHY\ ASH 9E 1 !34129 15 OP 9687 IM1IE0 LIABII TTY COMPANY' ; THENCE 54006 45 L /040 FEED,' NQTA LAL CERLI[ICu]E WNDSOR, CO 50550 NE➢0 MOUNTAIN WAY 25 N COLORADOIE.47300 > `p MEND[ S56 U]'55W 19En FL41s r , THENCE 534'5352'4 25867 )FEET, - 155 WBL]C,i r r000RAD0 SPRINGS, CO W922 SPRINGS CO BOo03•' STATE OF CO.ORADG n r THENCE 325'2e 12"W 210.66 FEET ( ` LOUMY or WELD ry14C., THENCE S37`5ZiW, 43470 I'm, r ) bekn " 'lI I L n pYAS AN i ) ) THENCE NCC25 J4 N, 47 92 FEET. / The res,dcrnq fn COLETE was S IMowleeged Lefareme',If), )E N'oyno Cattle, GREG 47X0 5^RA CAI FO T. tM Sil'PY�'OF`}IfF THENCE 58719 I4 1 49FEE. _ n as PresAenl of LOLEIIE cr1gM5 MC ' z • THENCE cBT 19'54W. 49.67 FEET: •'% b % ; :a' ry� ) CALEDONIA FLATLY TRUST, THENCE NOC25 1)lq 45D.04 )FEET TO THE POINT ,Or OCUNNING s .•Use L%f� ANY of 2'W/A A4 , 2007 s' 25 N TEJON #3D0 "+ COLORADO - W WGS, CO SU903 'x ' " -My commission cored `CJ JS� .2'll':OU/i� sa ._ END RNS CONMINS 11k12S ACRES (31.281,525 90R(NE FaCT) MORE OR LESS AND 5 SUBJECT TO ALL RENTS -OF -WAY. ( Nal +' • \ FADDIEUNE AND AND RERESTRICTIONS ERECORD, 9R THAT NIIY} fXKi UN OIL CRc11NDI „ Y ` 1 i I . C"a' Ap 7 LEGEND ['nj -,) , ,'•i "°" ` iiuuuim�iiiufulit�uuiiuunuiusiuliiuiel OVERALL miw m R P u1.00 40. Sfi'T 7 x�uw {o i _.,. (1�Px w<� r�.w"a I--• ,-- m . � �= M �.I".'� I N01'2]2BW -- IYE60 (�(jUNTY - d 220.80 68 u" ewaa �;%.' vow. vnmx ms osmcr (' 29 JI - - l'�) Hl/`a�a�W w,., e. � �0•ll 3Y / . 548'06'45 E / m cv ,s "' ..- _...,. _sue P.� ,�.. ; .' "'j y"'ui.w...w�. w<am w » E'/ m.i.''xw"^"'(. 345352•W i I n 2586) SHEET 3 :"I 6;300 e6w8 wa r b1 x I SIT 6 y „af°'";�.x,��.. 100 3W r — - r _ : ) !♦\ �S/029 6 E� „� N80'20,00'�• ^ 'b i i � � A j m i e'E SHEET 8 �ti w 1 i IZ �l F SHEET 9 /. 38 _ • •orvc rwtlxtl, -- !...C,:aaa ,�µ v 1f 57fi" m 1 831•° { ,�' ) .Y� � i 1 � I f � I P�Pqq 08 __� _ "�; '.�=-"�.'- ��•._._-�._ \ � ,_,.. -:� ! I '!9 0O_. EET 5 �I .�� s397e42•w I _ wa rl - - :S se\J5W �� ` I� SHEET 1�0 i —..- .a ' c�.ti 3o,p�� "� w zezee � I E�t •� : J.. > � ,_� � -. - ..-. �\ lu ma sacs .�'+�V9f. 2006 ��?�"^ � (��i�,); ` •( �1 J,� !_.". —.. __._ _..�. .._..- --.. _.._��-4.4� ) IE ENS Illllllllllllllllllllllllllgllllllllgllllllllllllllll J�� PB�> WeIE QVnb.CO f \ ' I \ "J o i w rnbuPFS+N 10 R 101L0 00 Npnnoyle a Pewreer . \ JI I i ` ', y r� I i — - � ! . Cm I , 18 is I i ( I d reno..re na wm nu cw �� /. axrele >) I � II � I � � � i RI � 3 m J I / ] � � II t 1013 001 _annex.Orq iI HE9EAVIOR ldO. f j � .Q (-'r I� > .. go.0. 352>6 oa a I ?3�OE• I 1 JJQ E 1^ I J I G� 1 ;LI t l t I I 11 xuPzOuTM z (uw±a W _.rll �o mtooa q ]U cNw o5Eo Fa ee <no+Es nr<6h'E iu uc � 6oro¢o rl I C. 1 l ) � I � I I ) /o- ( l z \zj \` o 1 ) ( ry rz mxl 1 I I IL Euwn�o rswrr ( t TBT P!0. ✓ �� _"_'_—_- --- --�. ..1. _ - ._ l m[(AaucutPnr(v k. 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'..'I •' " I e .l A ♦ .,X IPAINDARY TO So DETERMINED \ W I \ \ ' - 'I _ 'DY)OUIEI TITLE ACTION. CASE ^ ♦ V +A• ,'.� .', ' �V � .� 3 •• .fAM1D115 RULWUeRv 4 ; I _ \ \ ` _ ko} ✓ p�Y -r 1 CCCCNNI��4YIW5 TO CURFAMI \ R C -I ILyy . � TM'•NIIwOj. ` .,I �.. \\♦ 1.-. • I '( : I ♦ \ \ 'gM((KSOLEiIE 4RM0 INC (29213 ACRES) '+I 1 1 ' It "I ': \ N/C ` <Wxc11r__I, VInun:DRALJ WON couff 'i'• "'\ �/:\ 5 `J 1 ✓• Pt \\\ •. vv . PaCrDyp 4b(WG, I (sNarrwly RE SEEN I'AU (. I I�N<IIr _ay. �. (•'_ 1 . - 1_ ♦ �k♦ zusED Rw+k2 : s l' • I I I p xrt�sl� a` I oruvvcs (n wnl +. (r +�.• I'i ca'3rf9c5ru RCN .'.' ♦4\\ `\ % l'" e',r •-: V ` . V r . t v ♦ ;r• 1 r I Ex6TW0 ac' HALT➢ ADN ' C) f(i)'• (CI �-) (,`+1 vv� - \�/ ^-I/ C_:/ \'_•' \ \\ (t_2 I CI'i TOT Mc. r✓4'. .'�1 <�r( .; ♦\ -•ee •♦\ �_, '� J • Vii, IIroWneg4%1S.SOP. r / r. r AW, r ry F ce" _____ __y p5>D ' 1,0 ___ ��_1 }i \ k \ `• r / I • r •' : ru.. 91D.zzs.DmY sF ROPO5Co ADW D: qE Illy \ _ L c '� \ ♦ \\ .. \ r .' cic l C »ow ({:I ___ ..(t. "{l_)) )' ♦ Cw1.'ECR i 1013.OOpL00 j a ML CAP EIAMPW Its { LJ WQMIK t'�1 W -'a O 5 v % t" �"•i a--A--R--- 3 . x 6 4':r,."i --E- O— O r.''; •C r :::�:•✓(�i_ lM11 __ !`.". \i MIWbT. 1O0! C //�,• VI^` F o• omxc: 'IAOY--IC-L----us,rEi�l P� •/, !) L' k\\\ t_:I LEI '1O 0 _ PC I -¢n3 V ` - I.1O r e r r� r r •r r r. (1) All right, title, or interest of a county, of an incorporated town or city, or of the state or of any of its political subdivisions in and to any roadway shall be divested upon vacation of such roadway by any of the following methods: (a) The city council or other similar authority of a city or town by ordinance may vacate any roadway or part thereof located within the corporate limits of said city or town, subject to the provisions of the charter of such municipal corporation and the constitution and statutes of the state of Colorado. (b) The board of county commissioners of any county may vacate any roadway or any part thereof located entirely within said county if such roadway is not within the limits of any city or town. (c) If such roadway constitutes the boundary line between two counties, such roadway or any part thereof may be vacated only by the joint action of the boards of county commissioners of both counties. (d) If said roadway constitutes the boundary line of a city or town, it may be vacated only by joint action of the board of county commissioners of the county and the duly constituted authority of the city or town, (2) (a) No platted or deeded roadway or part thereof or unplatted or undefined roadway which exists by right of usage shall be vacated so as to leave any land adjoining said roadway without an established public road or private - access easement connecting said land with another established public road. (b) If any roadway has been established as a county road at any time, such roadway shall not be vacated by any method other than a resolution approved by the board of county commissioners of the county. No later than ten days prior to any county commissioner meeting at which a resolution to vacate a county roadway is to be presented, the county commissioners shall mail a notice by first-class mail to the last -known address of each landowner who owns one acre or more of land adjacent to the roadway. Such notice shall indicate the time and place of the county commissioner meeting and shall indicate that a resolution to vacate the county roadway will be presented at the meeting. (c) If any roadway has been established as a municipal street at any time, such street shall not be vacated by any method other than an ordinance approved by the governing body of the municipality. Colo. Rev. Stat. § 43-2-303 Methods of vacation (Colorado Revised Statutes (2022 Edition)) (d) If any roadway has been established as a state highway, such roadway shall not be vacated or abandoned by any method other than a resolution approved by the transportation commission pursuant to section 43-1- 106(ii). (e) Paragraphs (b), (c), and (d) of this subsection (2) shall not apply to any roadway that has been established but has not been used as a roadway after such establishment. (f) If any roadway is vacated or abandoned, the documents vacating or abandoning such roadway shall be recorded pursuant to the requirements of section 43-1-202.7. (3) In the event of vacation under subsection (1) of this section, rights -of - way or easements may be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances. (4) Any written instrument of vacation or a resubdivision plat purporting to vacate or relocate roadways or portions thereof which remains of record in the counties where the roadways affected are situated for a period of seven years shall be prima facie evidence of an effective vacation of such former roadways. This subsection (4) shall not apply during the pendency of an action commenced prior to the expiration of said seven-year period to set aside, modify, or annul the vacation or when the vacation has been set aside, modified, or annulled by proper order or decree of a competent court and such notice of pendency of action or a certified copy of such decree has been recorded in the recorder's office of the county where the property is located. History: L. 49: p. 621, § 3. CSA: C. 143, § 69(3)• CRS 53: § 120-1-13. C.R.S. 1963: § 120-14-3. L. 88: (2) amended, p. 1122, § 2, effective April 20. L. 93: (2) amended, p. 615, § 2, effective April 30. Law reviews. For article, "Resubdividing and Replatting", see 28 Rocky Mt. L. Rev. 529 (1956). Section not authority to declare road public. This section does not vest the board of county commissioners with the authority to declare that a road has become public by adverse use; rather, this section only gives commissioners the authority to relinquish any claims the public may have in a road. Williams v. Town of Estes Park, 43 Colo. App. 265, 6o8 P.2d Sao (1979)• Subsection (2)(a) requires a party seeking to establish vacation of a roadway to demonstrate that vacation will not create parcels without access. Bd. of County Comm'rs of Morgan County v. Kobobel, 74 P.3d 401 (Cob. App. 2002). .1� 1 ,.. R 1 1. I.. . .:.. ... .. . e -L . .. ..' . ...r. -• •• •• • . •• "Private -access easement" as used in subsection (2)(a) means reasonable access. This is a question of fact to be determined on a case - by -case basis. Adelson v. Bd. of County Comm'rs, 875 P.2d 1387 (Colo. App. 1993)• Municipal ordinance purporting to vacate road merely transferred control over the road to the county where ordinance did not meet vacation requirements set forth in statute at the time of the adoption of the ordinance. Martini v. Smith, 42 P.3d 629 (Colo. 2002). The strict requirements of this section only apply if the roadway has been established and used as a public road. Martini v. Smith, 42 P.3d 629 (Colo. 2002). If a road is a public road that has been used as such, then a disclaimer of interest filed by a county under the procedural provisions of C.R.C.P. 105(c) cannot operate to vacate the road. Rather, the county must comply with the mandates of this section in order to effect the vacation of the road. Martini v. Smith, 42 P.3d 629 (Colo. 2002). 1 I c 1 .1 M r 1 iii . �'• Vi 1 1' r I. , � .. ,. •.. For vacation by nonuser following admitted statutory dedication and acceptance, see Crane v. Beck, 133 Colo, 325, 295 P.2d 222 (1956), and Uhl v. McEndaffer, 123 Colo, 69, 225 P.2d 839 (1950). Applied in LeSatz v. Deshotels, 757 P.2d logo (Colo. App. 1988). 1 . 1 Colo. Rev. Stat. § 43-2-303 Methods of vacation (Colorado Revised Statutes (2022 Edition)) For vacation by nonuser following admitted statutory dedication and acceptance, see Crane v. Beck, 133 Colo. 325, 295 P.2d 222 (1956), and Uhl v. McEndaffer, 123 Colo. 69, 225 P•2d 839 (1950), Hello