HomeMy WebLinkAbout20181594.tiffRESOLUTION
RE: APPROVE ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD
RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - KENNETH LEWIS PARKER
AND SHARRON B. PARKER REVOCABLE TRUST AND ROBERT PARKER
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, 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 the
Kenneth Lewis Parker and Sharron B. Parker Revocable Trust, 1500 River Mill Drive, #306, Wake
Forest, NC 27587, and Robert Parker, 6650 Alpine Drive, Parker, Colorado 80134, with terms
and conditions being as stated in said acceptance of deed of dedication, and
WHEREAS, after review, the Board deems it advisable to approve and accept said deed
of dedication, 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, 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 the Kenneth Lewis Parker and Sharron B.
Parker Revocable Trust and Robert Parker, be, and hereby is, approved and accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said deed of dedication.
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2018-1594
EG0075
ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY -
KENNETH LEWIS PARKER AND SHARRON B. PARKER REVOCABLE TRUST AND
ROBERT PARKER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELDCOUNTY, COLORADO
ATTEST: dithiv jele4;4k.
Weld County Clerk to the Board
BY: Lau/
Deputy Clerk to the B
County Attorney
Steve Moreno, Chair
Mike Freeman
Date of signature: QG-?7-13
2018-1594
EG0075
TO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
DATE: May 9, 2018
SUBJECT: Acceptance of Dedication of ROW — County Road 19
On Wednesday May 16t" you will hear a request to accept the dedication of right-of-way (ROW) for County Road (CR) 19
south of CR 86. In this location CR 19 veers to the northwest well outside of the existing section -line ROW, but has been
maintained by Public Works for many years. The property owner is requesting the Board accept the dedication of the
ROW, which was a suggestion by the County Attorney's Office. The dedication will have two effects: First, it will clear up
the title to CR 19 in this location, in which the County would otherwise have to prove its prescriptive ownership in court.
Second, the dedication would create a clear legal parcel boundary, which would result in a new parcel approximately 10
acres in size on the east side of the road. The property owner intends to complete a recorded exemption (RE) on the
remaining lot on the west side of CR 19, which is approximately 150 acres, and if the ROW dedication is accepted, the RE
application would not include the property on the east side of the road.
The Public Works ROW group has coordinated with the property owner's surveyor to ensure that the road survey
(attached) addresses all of their comments. Although the new lot would be a legal lot, it would still need to comply with
all other County codes before it would be considered "buildable". One such requirement is an access permit. The Pierce
Lateral ditch runs along the eastern edge of the road, and the property owner would be required to provide a crossing
agreement or appropriate court order before Public Works would grant an access permit for the eastern parcel. This
would be a requirement regardless of whether the ROW dedication is accepted.
I recommend you accept the proposed ROW dedication because it would clarify title to a road which we already
maintain.
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2018-1594
SGjOO1S
DEED OF DEDICATION
FOR PUBLIC HIGHWAY
THIS DEED, made this 3r day of M ) , 20l[' between Kenneth Lewis Parker and
Sharron B. Parker Revocable Trust, whose legal address is 1500 River Mill Drive. #306, Wake
Forest, NC 27587 and Robert B. Parker whose legal address is 6650 Alpine Dr. Parker, CO
80134, "Grantors", and the County of Weld, a body corporate and politic of the State of
Colorado, through its Board of County Commissioners, (Grantee), whose legal address is 1150
"O" Street, Greeley, Colorado 80631:
WITNESSETH: That Grantors, for and inconsideration of the sum of Ten Dollars and
no/100 $10 the receipt and sufficiency of which is hereby acknowledged, does, pursuant to
Colorado Revised Statute §43-2-201(1)(a), hereby dedicate and convey forever unto Grantee for
use as a Public Highway, free and clear of all liens and encumbrances and warrants title to that
real property lying and being in the County of Weld, State of Colorado, to wit:
The real property described and shown if the attached Exhibit "A"
EXCEPTING existing easements of record, and
RESERVING unto Grantors the mineral estate under said property, including oil, gas and
any and all water rights currently attached or associated with said property, except as required to
sustain the integrity of the Public Highway.
Kenneth Lewis Parlrer
Date
5/3,r
STATE OF 00rt C f 9
ss.
COUNTY OF W )
Sharron B. Parker
Date
foregoing instrument was acknowledged before me this day of
, 201$, by, Kenneth Lewis Parker and Sharron B. Parker.
Witness my hand and official seal.
My commission expires: FOOMDM \$,' 1c1
4400400 Pages: 1 of 5
05/18/2018 02:59 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Yoh II III
Notary Public
(1\Ar\ivaw,
Robert B Par
75/
Date
STATE OF COLORADO )
) ss.
COUNTY OF O u °j)
The foregoing instrument was acknowledged before me this day of
ct.�� , 201 ��, by, Robert B. Parker
Witness my hand and official seal.
My commission expires: - ( C) (cz'k
CHANTEL P. MARIANO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20154005877
My Commission Expires February 10, 2019
4400400 Pages: 2 of 5
05/18/2018 02:59 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III Mc:1 i II
EXHIBIT "A"
LEGAL DESCRIPTION FOR DEED OF DEDICATION ON COUNTY ROAD 19
A 60 -FOOT WIDE PARCEL OF LAND BEING 30 -FEET EACH SIDE OF OTHE FOLLOWING
DESCRIBED CENTERLINE, BEING PART OF THE NE 1/4 OF SECTION 4, TOWNSHIP 7 NORTH,
RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS:
BASIS OF BEARING: ASSUMING THE EAST LINE OF THE NE 1/4 OF SECTION 4, TOWNSHIP 7
NORTH, RANGE 67 WEST AS BEARING NORTH 00°05'41" EAST BETWEEN A 3" BRASS CAP ON
THE NORTH END AND A 3 1/4" ALUM. CAP PLS 27269 ON THE SOUTH END, AND WITH ALL
OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO;
COMMENCING AT THE NORTHEAST SECTION CORNER OF SECTION 4, TOWNSHIP 7 NORTH,
RANGE 67 WEST OF THE 6TH P.M., THENCE ALONG THE NORTH LINE OF THE NE 1/4 OF SAID
SECTION 4, S 88°04'35" W FOR A DISTANCE OF 619.29 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID NORTH LINE, S 06°28'41" W FOR A DISTANCE OF 323.77 FEET TO A
POINT OF CURVATURE; THENCE ON A CURVE TO THE LEFT, HAVING A RADIUS OF 308.29 FEET,
A DELTA ANGLE OF 59°06'16", FOR AN ARC LENGTH OF 318.03 FEET THE CHORD OF WHICH
BEARS S 21°38'10" E FOR A DISTANCE OF 304.11 FEET; THENCE S 51°11'19" E FOR A DISTANCE
OF 274.63 FEET TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE LEFT HAVING A
RADIUS OF 613.00 FEET, A DELTA ANGLE OF 33°57'12", FOR AN ARC LENGTH OF 363.26 FEET,
THE CHORD OF WHICH BEARS S 66°18'08" E FOR A DISTANCE OF 357.97 FEET TO A POINT ON
THE EAST LINE OF SAID NE 1/4 WHICH LIES S 00°05'41" W 941.18 FEET FROM THE NORTHEST
SECTION CORNER OF SAID SECTION 4, SAID POINT BEING THE POINT OF TERMINATION. THE
SIDE LINES BEING LENTHENED OR SHORTENED TO END ON THE NORTH AND EAST LINES OF
SAID NE 1/4.
CONTAINING A CALCULATED AREA OF 1.76 ACRES.
GARY K. HAMMER
FOR AND ON THE BEHALF
HAMMER LAND SURVEYI4
3050 67TH AVE. SUITE 200
-4/1/11111111O
it
GREELEY, CO 80634
/$1./.'2
24307 E
4400400 Pages: 3 of 5
05/18/2018 02:59 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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LEGEND
- FOUND OR SET SECTION CORNER AS
NOTED
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PH: 970-535-9318
IMPROVEMENT SURVEY PLAT
SECTION 4, TOWNSHIP 7 NORTH,
RANGE 67 WEST, 6TH
SECTION 4, TOWNSHIP 7 NORTH
RANGE 87 WEST, 8TH P.M.
DATE: 4/12/16
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ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and through
its Board of County Commissioners, hereby accepts the above deeded property as Public Rights -
of -Way, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this /‘01 day of
ATTEST:
BY:
dirty%) .fddo;ti
CLERK TO THE BOARD
Deputy Clerk to the Bo
STATE OF COLORADO )
)ss
COUNTY OF WELD )
, 2018.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
TATE OF COLORADO
Steve Moreno, Chair MAY 16 2D18
The foregoing instrument was acknowledged before me this i�o day of
, 2018, by Steve Moreno, CHAIR OF THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
My commission expires: /o//./aD(1)
Notary
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 201448 044
MY COMMISSION EXPIRES O: 1g; gig
4400400
05/18/2018 Pages:
2018 02 : 59PM P Fee:$0.00
$0.00
Carly Koppes, Clerk and Recorde , Weld County, CO
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