HomeMy WebLinkAbout20222667.tiffRESOLUTION
RE: APPROVE ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-
OF-WAY FOR COUNTY ROAD 72 RAILROAD CROSSING CLOSURE PROJECT AND
AUTHORIZE CHAIR TO SIGN - OMAHA TRACK, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Deed of Dedication for Public Road
Right -of -Way for the County Road 72 Railroad Crossing Closure Project between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, and Omaha Track, Inc., with further terms and
conditions being as stated in said deed, and
WHEREAS, after review, the Board deems it advisable to approve and accept said deed,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Deed of Dedication for Public Road Right -of -Way for the
County Road 72 Railroad Crossing Closure Project between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Omaha Track, Inc., be, and hereby is, approved and accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign and accept said deed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of September, A.D., 2022.
BOA OF COUNTY COMMISSIONERS
WE L COUNTY, COLORADO
ATTEST: d)
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APPROVED AS T
County Attorney
Date of signature: 9/22/?.2
cdtt K. James, Chair
GC: PO(3M/ER/TS)
l0/1W122
2022-2667
EG0080
MEMORANDUM
TO: Clerk to the Board DATE: September 14, 2022
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Acceptance of Deed of Dedication
RE: CR 72 Cul-de-sac ROW Dedication
Please place the attached Deed of Dedication for Public Road Right of Way between Omaha Track, Inc a
Nebraska Corporation and Weld County, Colorado on the next available agenda for the Board of County
Commissioners acceptance.
On May 2nd, 2018 the BOCC was presented and approved an Application from CDOT to the PUC related to the
removal of certain safety improvements and closure of the Union Pacific Rail Road Company crossing at Weld
County Road 72. On September 17, 2018 the BOCC approved the vacation of public ROW through the railroad
property (See Docket No. 2018-1425 and 2018-2950). The closure of the railroad crossing presented the need
for a turnaround/cul-de-sac to improve the safety of the traveling public where County Road 72 now terminates.
The attached ROW dedication will allow Weld County to build the turnaround/cul-de-sac.
2022-2667
09A cl
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this ( Ciday of g"}en 7z, between Omaha Track, Inc., a Nebraska corporation
(referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic
of the State of Colorado, by and through its Board of County Commissioners (referred to herein as
"Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631:
WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and
sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a),
hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property
lying and being in the County of Weld, State of Colorado, to wit:
The real property described and depicted on the attached Exhibit.
EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements
and utilities thereto existing or of record, and
RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any
and all water rights including non -tributary and not non -tributary water currently attached to, upon, under,
or associated with said property, except as required to sustain the integrity of the Public Highway.
GRANTOR:
Omaha Track, Inc., a Nebraska corporation
STATE OF Ni3ld1 )
DCW 6,A S ) ss.
COUNTY OF NELD )
The foregoin In_sent was acknowledged before me this day of
byln
Witness my hand . . o, icia seal.
JILLIANNE GATES
General Notary - State of Nobrssha
My Commission Expirts Oct S, 1010
"MINIM
blic
4,A3,34
, 202%;
ACCEPTANCE
The County of Weld, by and through its Board of County Commissioners, hereby accepts the above
dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(l)(a).
Dated this / day of , 202-.
ATTES
Weld
By:
*No Deed of Dedication is va
43-2-201(1) (a).
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Chili, Board of County Commissioners
Board of County Commissioners pursuant to C.R.S.
4859194 Pages: 1 of 3
10/04/2022 01:00 PM R Faa:$0.00
Carly Kopp., Clark and Raoorder, Wald County , CO
INFJPI4 it ICIII CAI IVA IMF i, till
Jg -,26 G7
EXHIBIT -A
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 6 NORTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID
PARCEL BEING A PORTION OF HICKMAN ANNEXATION #2 FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 3134245 AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 6 NORTH, RANGE 65 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTH LINE OF SAID SOUTHEAST
ONE -QUARTER AS BEARING NORTH 88'31'12" WEST, A DISTANCE OF 2649.09 FEET, TO THE SOUTH
ONE -QUARTER CORNER OF SECTION 6, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS
SHOWN;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 88'31'12" WEST,
A DISTANCE OF 1792.53 FEET;
THENCE DEPARTING SAID SOUTH LINE NORTH 01'28'48" EAST, A DISTANCE OF 30.00 FEET, TO A POINT
ON THE NORTH RIGHT-OF-WAY OF COUNTY ROAD 72 AS DESCRIBED IN THAT ROAD PETITION FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 21281, SAID POINT BEING
THE TRUE POINT OF BEGINNING,
THENCE ALONG SAID NORTH RIGHT-OF-WAY NORTH 88'31'12" WEST, A DISTANCE OF 215.90 FEET, TO A
POINT ON THE EASTERLY PROPERTY LINE OF THE UNION PACIFIC RAIL ROAD;
THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID EASTERLY PROPERTY UNE NORTH 08'48'11"
WEST, A DISTANCE OF 88.42 FEET;
THENCE DEPARTING SAID PROPERTY LINE SOUTH 88'31'12" EAST, A DISTANCE OF 108.00 FEET;
THENCE SOUTH 53'23'52" EAST, A DISTANCE OF 151.22 FEET, TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 14,089.75 sf. OR 0.32 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY,
COLORADO.
DANIEL R. HOLMES
PLS 38213
RIGHT OF WAY
ACQUISITION
OMAHA TRACK INC.
WELD COUNTY, COLORADO
4859194 Pages: 2 of 3
10/04/2022 01:00 PM R Fee:$B.00
Carly Koppel, Clark and Recorder, Wald County , CO
�urdr�w4
G�QUI.17Y
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72 RR CLOSURE PROJECT
PROJECT NO: BIL-07 I SCALE:
DATE: 7-10-20 !DRAWN BY: DRHISHEET: I of 2
EXHIBIT -A
LINE TABLE
UNION PACIFIC
RAIL ROAD
ROAD RIGHT-OF-WAY
VACATED BY RESOLUTION
REC#4435071
OCT. 01, 2018
LINE
BEARING
DISTANCE
L1
L2
NO1'28'48"E
N88'31'12"W
N08'48'11 "W
S88'31'12"E
S53'23'52"E
30.00'
215.90'
88.42'
108.00'
151.22'
L3
L4
L5
L3
N88 31'12"1N 2649.09'
BASIS OF BEA ING
SOUTH 1/4 COR. S6-T6N-R65W
FND 3 1/4" ALUM. CAP
LS22098 2003
RIGHT OF WAY
ACQUISITION
OMAHA TRACK INC.
WELD COUNTY, COLORADO
4859194 Pages: 3 of 3
10/04/2022 01:00 PM R F..:$0.00
Carly Koppel, Clerk and Recorder, Wald County , CO
liii I dlr'�fh1'I49CNw'l 11111
SE 1/4
$6-T6N-R65W
OMAHA TRACK INC.
PARC.#080306400040
RECP.#4086162, 2-26-2015
HICKMAN ANNEXATION #2
RECP.#3134245, 12-10-2003
L4
RIGHT-OF-WAY
ACQUIRED
14,089.75 sf.
OR 0.32 ac.±
L5
L2
WCR
EXISTING 6
RIGHT-OF-WAY
REC#21281
JULY 26, 1886
SUBJECT TO DITCH IN SECTION 7 QUIN M. LLC
L1
.0.9.
P.O.C.
SE COR. S6-T6N-R656
FND 3 1/4" ALUM. CAP
LS7242 1993 IN MON. BOX
N88'31'12"W 1792
NE 1/4
S7-T6N-R65W
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 72 RR CLOSURE PROJECT
PROJECT NO: BIL-67 "SCALE: I" -I00
7-10-20 `DRAWN BY: DRHISHEET: 2 of 2
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