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Home My WebLink About20160832.tiff QUIT CLAIM DEED THIS DEED is made this 11th day of March, 2016, between LA Resolutions LLC, Grantor, and Weld County, Colorado, a body politic and corporate of the State of Colorado, Grantee. WITNESS, that Grantor, for sufficient consideration, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold, conveyed and QUITCLAIMED, and by these presents does grant, bargain, sell, convey, confirm, and QUITCLAIM, unto the Grantee, its heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: A portion of the West '/2 of the Northwest '/4 of Section 7, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, containing a strip of land 30 feet in width with its westerly boundary being the entire western boundary of the parcel conveyed by document recorded at reception number 3513937, dated the 29th of October, 2007 in the records of the Weld County Clerk and Recorder. Also known as: County Road Right of Way for County Road 25. TO HAVE AND TO HOLD the same, in fee,together with all the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,title, interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use and benefit of the Grantee, heirs and assigns forever. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. For GRANTOR, LA Resolutions LLC. ACS, \\ me mbara 11-2OI l Signature Printed Name I Title Date of Signature STATE OF COLORADO ) ) ss. COUNTY OF WELD ) rb The foregoing instrument was acknowledged before me this // day of March 2016, by ,9// b--)) . Notary Public e r �/ a(/e ONI L MARTIN Zcommission expires: � NOTARY PUBLIC �� _ 3-��O � STATE OF COLORADO e C: 64, toL en'l ►) NOTARY ID 20144014538 4187756 Pages: 1 of 2 MY COMMISSION EXPIRES APRIL 2,2018 03/14/2016 01:02 PM R Fee:$0.00$0.00 D Fee:$0.00$0.00 �� 3fiedli) Carly Koppes, Clerk and Recorder, Weld County, CO lIII t(i Li II III A9/4-0 832 x'600 73 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 Quit Claim Deed. Dated this /lit date of March 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dit4441 k:2 O;(A �I� m,7reeman. Chair Weld County Clerk to the Board - 4!) ►1�•; By: Al ill_i I• _•_' ''•��►�' eputy Clerk to he BoareVr aftiormo 4187756 Pages: 2 of 2 03/14/2016 01:02 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 M��R�I'lw��'«�ti�4ir�'�LNIV.14 1i,IJ 1' Ill it RESOLUTION RE: ACCEPT PETITION AND AUTHORIZE VACATION OF A PORTION OF COUNTY ROAD RIGHT-OF-WAY ALONG COUNTY ROAD 25- LA RESOLUTIONS, LLC 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 Road Petition from LA Resolutions, LLC, P.O. Box 485, Windsor, Colorado, 80550, c/o A. Bruce Johnson and Associates, 801 8th Street, Suite 220, Greeley, Colorado 80631, a copy of said petition and a list of the adjoining property owners marked Exhibit A, being attached hereto and included by reference, requesting vacation of a forty (40) foot in width right-of-way, being more fully described and depicted in the attached Exhibit B ("Plat showing Right-of-Way for proposed road around Lake") as more fully described as follows: Part of the NW1/4 of Section 7 Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, as further described in Exhibit B. WHEREAS, the Department of Public Works has recommended approval of said request since that portion of right-of-way is not needed for the safety and welfare of the traveling public, and WHEREAS, the petitioners, being the property owners on both sides of the road right-of- way, have waived written notice of this hearing, and WHEREAS, any persons owning dedicated and recorded easements and rights-of-way for the use of the right-of-way to be vacated, if any, may continue such use after formal vacation by Weld County, and WHEREAS, the Board of County Commissioners heard testimony and reviewed all other evidence presented therein by staff and the public, and WHEREAS, the evidence showed that the vacation of that portion of right-of-way which is described above will not leave any land adjoining the roadway without an established public road or private access easement connecting the land with another established public road, and WHEREAS, this vacation is conditional upon the grant if a Quit Claim Deed by the landowner Petitioner to Weld County for the sixty (60) foot in width right-of-way along the current location of County Road 25, as depicted in the attached Exhibit C (Plat Map) and described in the quit claim deed recorded at Reception Number 92451 of the records of the Weld County Clerk and Recorder, and WHEREAS, the Board of County Commissioners deems it advisable to vacate said portion of road right-of-way, with said vacation to become effective upon recording as required below. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Petition from LA Resolutions, LLC, c/o A. Bruce Johnson and Associates be, and hereby is, accepted. 41PL J ntA 03 775714/20 Pages: 1 ofee 5 !1 ►I t C r 03/14/2016 01:02 PM R Fee: 0.00 2016-0832 lily 3I'�1 Carly Koppes, Clerk and Recorder,''Weld County, CO EG0073 RE: VACATION OF CR 25- LA RESOLUTIONS, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board of County Commissioners that no portion of any other right-of-way shall be vacated, whether adjacent to or overlapping with the right-of-way to be vacated herein, including but not limited to, right-of-way for County Roads 25 and 72. BE IT FURTHER RESOLVED by the Board that the portion of right-of-way which is described above be, and hereby is, vacated, conditional upon the grant of a Quit Claim Deed by the landowner Petitioner to Weld County for the sixty (60) foot in width right-of-way along the current location of County Road 25, as depicted in the attached Exhibit C (Plat Map) and described in the quit claim deed recorded at Reception Number 92451 of the records of the Weld County Clerk and Recorder. BE IT FURTHER RESOLVED by the Board that any persons owning dedicated and recorded easements and rights-of-way for the use of the vacated right-of-way, if any, shall not be affected by the right-of-way vacation authorized herein. BE IT FURTHER RESOLVED by the Board that Weld County shall retain any mineral interests it may possess in the area of the vacated right-of-way and that the vacation authorized to ests g y herein shall in no away affect such mineral interests. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to record this Resolution and the attached Exhibits A, B and C in the records of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of March, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNJY, COLORADO ATTEST: ��s Mike Freeman, Chair Weld County Clerk to the Board 4i: .---p ��~`�. Sean P. Conway, Pr - BY: , .Vin '...6-:;----;=Z* aDeputyCIy ktot a - •: ,Ii «� ' 't '.(1 t. _-/ ' '-'` ' 1 "' A. Cozad :i'.'. "Noir' APPR VED AST FOR i; 'leer it r , � 4 Barbar Kirk eyer ♦`� I County Attorney Me2n-g.-----t-,-- Steve Moreno Date of signature: 3/«/40 4187757 Pages: 2 of 5 03/14/2016 01:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII MINti lilla'lilIill kuilih.' Iv mirliI N,+b ayi, 11111 2016-0832 EG0073 EXHIBIT "A" The following list of properties consists of property owners adjoining the road right-of-way vacated pursuant to Weld County Board of Commissioners Resolution No. 2016-0832. While Weld County believes this list is complete based upon the available information, additional properties and property interests affected by the vacation may exist that are not included below. PARCEL#08050700025 LA RESOLUTIONS, LLC PO BOX 485 WINDSOR, CO 80550-0485 4187757 Pages: 3 of 5 03/14/2016 01:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld CO KtIGM1 Pu''Ir9:4C f '1ii, 1111 I 2016-0832 EG0073 EXHIBIT B I 6 , I , I \ ,b WASTE 1�..%b Itc • 11/41 ! • • II; r.,, 1 by t h ; II iW \ r ,I� v o I I i I' b I l iii =/ h\ �..:r• tt 41.2' • 1 r PLAT SHOWING RIGHTOF WAY FOR PROPOSED ROAD AROUND LAKE ONE MILE EAST AND SOUTH OF - SEVERANCE Scale 1°a 200Eeeb THEDE.YCRIPTIOY OF A'STRIP OFI.NVO 40 FEET/H W/OTH,"WE CENT,EiT OM'ae`rhvaY/S DEscR/SFO.0 Faa[da if; B8�e99/7n%n� a/'4,p0047130 e�soa&01/he.Secfiovi/xbelf�t�ii S 'oas, 6 a/217am' a7ii ilc/i/he 44PgCorxrofSec."»i77, TOivash 6Ndrth. Re eaaireft fhe a PA( it N.3'9Voth! odiceg/36.8fe /the/7ce• 39-voEodir/v.,,ce9'.993.6 feel)S,//',''E c dote7ceof 666.5 eet O./9 1 Ii e de4 ce a/ 5feet,'andtheace;£'4 y!o ds/o,7ce'¢.s2,tet to oao/i7/30/ee/ea's/4f//ie Seet/oriAae.6e0reea fecf s 7-6-6G 0/7a'12-6-0; and O 47/7/Soa/hg/i5-sv,;14/1Y, C4rnergG�/sec/iai77, /44-:a6 feef a/Pdfiee;As/h/a. fhe ier` 9 17/74 lee,"3 N.OO'a6E"aafria,C6 9//Aes,,6 ets ,e/ ,s/`/7 g1/ohd�a,e/e/� 0/7e oho fvfy/ae/-aae- armed s (l /Ac/es /7/ar- of/ess, LINCOLN & GELLER co ACCCCY,OOLOMAOO C! ....o 4line ......1.7.- '7 _ .. . 1 4187757 Pages: 4 of 5 03/14/2016 01:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII hi'rdgi I gIEIRi.IwIIMI'J P i 4E lI'I BIM EXHIBIT C NW.COR.SEC.7 W.1/16 COR.SEC.7& ED.#6 REBAR W."1 FD.#6 REBAR W. I 2-1/2"AL,CAP 3-1/4"AL.CAP I..S.30462 , NORTH LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 SEC.7 L.S.34995 (BASIS OF BEARINGS)I \11) N 90°00'00"E 1399.561 ............_,.....632. 5' .. 4d1.48 i9 j 190.57' 720.48' _ \ EXISTING _Ili a COUNTY ROAD 72.... ` ACCESSES—✓ (30'ROW) I (.API5-)0575) o PETITION TO OPEN ROAD JULY 16,1889 a�;. 47.03' ,1� ACCESS CCEX SS M L BK 5,PO 251 0 o c LOT A (A015-00575) VIEWERS REPORT ADOPTED "' .V Z,.4,0$4+LACRFS(GRO S) ROAD DECLARED PUBLIC OCT.09,1889 I 3344.1-AGRFS(NET) BK S,PG 287 I- t!1 }" \ r4 'N a 2 I- r C>; EXISTING c'+I rn M 173 O ' ACCESS ,,N t N _ (AI'15-10575) op `^ O V. W b, '= ` VJ ° H a t( (-- [I. ,. O , ( L10 O VI L: C..)‘' II-I * 30'SHARED INGRESS, / 76.53' c , / EGRESS,AND ACCESS E"' ^ EASEMENT ACROSS W 11 -) 5.4T c W u �' m LOT A FOR THE o ( j _BENEFIT OF LOT B AND SUBX15-0035 ce PER THIS PLAT O I (SE, 3 1 AIL. LLE 40'PROPOSED R.O.W. I33305741" E, I r'ti AS SHOWN ON MAP R=480,00'0' O ATTACHED TO THE L=284.51' La "' WELD COUNTY ROAD CH=S 03°31'35"W 280.37' ZVIEWERS REPORT I- 400 run I 0' 200' 400' 600' L1 N.1/16 COR.SEC 7&12 I iii I ' FD.#6 REBAR W. SCALE 1"200' 3-1/4"AL.CAP L.S.20685 ' LINEAL UNITS STATEMENT All lineal distances are measured 600' IOT'B , in feet and decimal feet units. --**-4 -*— 30.0'" 29A40./-AMMO-ROSS) fl---:30.0' 28,159-"-ACRES(NFI) h t` h� �ry Ma LINE TABLE v ,,, 4_1 i LINE No. DIRECTION DISTANCE N ' Qom- w Q a o Z. LI S 24°29'50"W 144.50' s9 '>.00<m &O -c� L2 S25°36'20"W 107.00' wtt I- ,,.z o 41 P. L3 S 31°19'15"W 183.00' 7c,..w b o ' b ,O L4 S 36°47'00"W 177.50' (5)...1 I u v C V rn =_ ° k" o L5 N 47°09'55"W 303.97' �"I y w % _ y M o ~ h L6 N 12°38'21"E 43 22' O M ACCESS ll �4 ANN 71 AC`CF.SS `� U 1.7 N 67°32'14"F 82.00' @ (AI'IS-W515) 73ni I,R • S 02°3s'os°w 111.26' f fl w W a ry "A� c l L9 S 23°22'52"W 62.92' Or a I- -'e o LI0 N 89°42'24"W 395.07' ((D .h O vim' to in In m LU ��m I-• i iQm W. C CURVE TABLE e s 'te 9 I �o O v CURVE No. DELTA RADIUS LENGTH CHORD c Z a r' Cl 57°18'20" 140.00' 140.02' N 35°01'31"13134.26' " C2 78°01'00" 175.00' 238.29' N 21°0642"E 220.30' o 4,1 fW,1/4 SEC.7 ED.#6 REBAR W. C3 16°37`00" 1300.00' 377.02' N 26°12'18"W 375.70' IF 3-1/4"AL.CAP L.S.22098 C4 10°08'03" 175.00' 30.95' N 43°35'53"E 30.91' CS I1°2718" 175.00' 34.99' N 54°23"13"E 34.93' QUIT CLAIM DEED THIS DEED is made this 111ti day of March, 2016, between LA Resolutions LLC, Grantor, and Weld County, Colorado, a body politic and corporate of the State of Colorado, Grantee. WITNESS, that Grantor, for sufficient consideration, the receipt of which is hereby confessed and acknowledged, has granted, bargained, sold, conveyed and QUITCLAIMED, and by these presents does grant, bargain, sell, convey, confirm, and QUITCLAIM, unto the Grantee, its heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: A portion of the West '/2 of the Northwest '/4 of Section 7, Township 6 North, Range 66 West of the 6t1i P.M., Weld County, Colorado, containing a strip of land 30 feet in width with its westerly boundary being the entire western boundary of the parcel conveyed by document recorded at reception number 3513937, dated the 29th of October, 2007 in the records of the Weld County Clerk and Recorder. Also known as: County Road Right of Way for County Road 25. TO HAVE AND TO HOLD the same, in fee, together with all the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use and benefit of the Grantee, heirs and assigns forever. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. For GRANTOR, LA Resolutions LLC. AcS,v kvtak. 14?-eJ member \ -2.O1 14 Signature Printed Name/Title Date of Signature STATE OF COLORADO ) ) ss. COUNTY OF WELD ) 741 The foregoing instrument was acknowledged before me this // day of March 2016, by ///,ems . 6 Notary Public ₹ONI L MARTIN My commission expires: /90/L � p,de NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144014538 4187756 Pages: 1 of 2 MY COMMISSION EXPIRES APRIL 2,2018 03/14/2016 01:02 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �ii refl firilliltilifd NUN t W I Lk 111111 • 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 Quit Claim Deed. Dated this date of March 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �I 1 �� /La-- ddx G: . to;e4. I r;i reeman, Chair Weld County Clerk to the Board It s By: A t r !-� �• .. LA. �•..,► _ ..� i eputy Clerk to he Boar 401 4187756 Pages: 2 of 2 03/14/2016 01:02 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO a. bruce 801 8th Street-Suite 220 & ASSOCIATES ^JOHNSON ,-r (970)356.6110 FAX(970)352-8761 LAND RESOURCE SPECIALISTS RECEIVED FEB i 9 nf6 February 18, 2016 WE1-Ur UOUNTY COMM SSIONERS Weld County Board of Commissioners 1150"O" Street Greeley, Colorado 80631 Dear Commissioners; A. Bruce Johnson& Associates, Ltd. has been authorized to act as the Agent for LA Resolutions, LLC in their Recorded Exemption and Subdivision Exemption application process as per the attached letter. At the end of this process a"ghost"road was discovered through the middle of their property. We are assuming the authorization stated above would prevail into this Petition to vacate. We recognize that at time of final documents Allreds (owners of LA Resolutions) will sign. Their Operating Agreement is also enclosed with the application. If we can be of any other assistance, please let us know and my son Robert W. Johnson or I will be please to assist in whatever is needed. Thank you for your assistance in this matter. Sincerely, Bruce John n Colorado-Nebraska-Wyoming • Farm&Ranch • Water Sales • Exchanges • Minerals • Consulting M Ft f. PETITION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: The applicant shall submit the petition application fee and the required application as follows: X One original application form El One digital or electronic copy of completed application materials, if required IX One copy of a certified list of the names, addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property adjacent to the road, street or alley considered for vacation. This list shall be compiled from the records of the Weld County Assessor, the Weld County Website, www.co.weld.co.us or a person qualified to do the task, and shall be current as of a date no more than thirty 4 days prior to the date the application is submitted to the office of the Clerk to the Board, 1150 O Street, P.O. Box 758,Greeley, CO 80632. X One original written explanation of the application and reason for proposing the right-of-way vacation. \ Application fee APPLICATION FEE HEARINGS/MEETINGS PROCESSING TIME $216.00 Weld County Board of County Commissioners 60 days Utility Advisory Board, if applicable Fees are non-refundable and due at time of application submittal to the office of the Clerk to the Board. Fees are set by the Board of County Commissioners by Resolution. County Staff is not authorized to negotiate fees and cannot, under any circumstance, change, reduce, or amend the fees set forth in the Weld County Code.------- - -------- 4 4 c:wSarS\RoTooge Drive\Reai esia,e,zo,sLa Resolution LLC\RE_SE Documents\PETITION FOR VACATION OF ROW.docx PETITION FOR VACATION OF ROAD, STREET OR ALLEY RIGHT-OF-WAY DESCRIPTION OF RIGHT-OF-WAY(include general description as well as Section,Township,Range): Proposed County Road 25 Right of Way granted in 1903 in case seep hole caused road to become seeped then the fence shall be moved back far enough to avoid running through seeped land. And that the strip of land is given for road purposes only and whenever the same ceases to be used then and in that case said strip of land shall revert back to the party granting the RoW. The proposed RoW is in the NW 1/4 of Section 7 township 6N Range 66 West. See attachment for Deeds and Right of Way agreement. PETITIONER OF THE PROPERTY(If additional space is required,attach an additional sheet) Name: LA Resolution, LLC Work Phone# 970-215-1141 Home Phone# Email Address lindara52@yahoo.com _ Address: PO Box 485 City/State/ZipCode Windsor, CO 80550 LIST ALL ADJACENT LANDOWNERS (if additional space is required,attach an additional sheet): Name: LA Resolution, LLC Address: PO Box 485 Parcel: 080507000025 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Robert Johnson,A. Bruce Johnson &Associates, LTD Work Phone# 970-581-2994 Home Phone# 970-581-2994 Email Address roba.abruceiohnson.com Address: Suite 220, 801 8th Street City/State/ZipCode Greeley, CO 80631 UTILITIES/EASEMENTS Existing utilities, including but not limited to, oil and gas pipelines, sewer, gas, water, or similar pipelines and appurtenances, ditches or canals and appurtenances, and electric, telephone, and similar lines and appurtenances within the right of way or holding a recorded interest to use or cross this right of way include: No utilities in proposed right of way DISTRICTS School:Windsor,Weld RE4 Fire: Windsor Severance Fire Protection District Post Office: Eaton C:\Users\Rob\Google Drive\Real Estate\2015\LA Resolution LLC\RE_SE Documents\PETITION FOR VACATION OF ROW.docx JURISDICTION [X] This right of way is located exclusively within the unincorporated area of the County. [ ] This right of way forms a boundary with another county, state, or incorporated municipality: `•A public right of way that borders another jurisdiction may not be Vacated Nvtthout the approval of both the Weld County Board of County Commissioners and the governing body of the other jurisdiction. Affirmation By submitting this application, all undersigned Petitioners understand and agree that the Board of County Commissioners may approve or deny the petition in whole or in part; reserve any and all current utilities, easements, and other encumbrances currently existing on the right of way; impose other provisions as the Board deems appropriate. Petitioner(s) agree to abide by the Board's resolution vacating the right-of-way, and to pay for all costs associated with the vacation, including publication, notice, and recording the resolution with the Weld County Clerk and Recorder. Petitioner(s) affirm that they have complied with Article VII of Chapter 17 of the Weld County Code, and with Article 3 of Title 42 of the Colorado Revised Statutes. Petitioner(s) understand that title to any vacated right of way will vest with the adjacent landowners pursuant to State law. We, the undersigned citizens and real property owners of Weld County, Colorado, he eby petition that the road right of way described herein be declared abandoned and vacated by Weld Cou ty. I (We) hereby depose and state under penalties of perjury that all statements, proposals, nd/or plans submitted with or contained within the application are true and correct to the best of my (our)knowle ge. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the applica ion. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal uthority to sign for the corporation. Signature: Owner orirdfh ized Agent Date Signature: Owner or Authorized Agent Date C'tUserstRob\GoogteDnvetP.eal Estate\2015\LA Resolution I_I.,C\RE_SI Documents\PETITION FOR VACATION OF RO WW.docx APPLICATION ASSISTANCE AND OFFICE LOCATIONS Weld County Planning and Zoning Weld County Department of Public Works Department of Planning Services Department of Public Works 1555 N 17th Ave 1111 H St Greeley CO 80631 Greeley CO 80631 (970) 353-6100 x3540 (970) 356-4000 x3750 Web link— Web link— www.co.weld.co.us/Departments/PlanningZoninq www.co.weld.co.us/Departments/PublicWorks Weld County Building Inspection Colorado Highways Department of Planning Services Colorado Department of Transportation 1555 N 17th Ave 1420 Second St Greeley CO 80631 Greeley CO 80631 (970) 353-6100 x3540 (970) 353-1232 Web link— Web link—www.coloradodot.info/ www.co.weld.co.us/Departments/PlanningZoninq Water Wells-State of Colorado Weld County Septic Permits Division of Water Resources Department of Public Health and Environment 1313 Sherman St 1555 N 17th Ave Rm 818 Greeley CO 80631 Denver CO 80203 (970) 304-6415 (303)866-3581 Web link— Division of Water Resources www.co.weld.co.us/Departments/HealthEnvironment 810 Ninth St 2nd Floor Greeley CO 80631 Soil Conservation Districts (970)352-8712 Big Thompson (Fort Collins)-970-223-0960 Boulder Valley (Longmont)-303-776-4034 Web link-www.water.state.co.us Centennial-970-522-7554 Fort Collins-970-221-0611 Geological-State of Colorado Longmont-303-776-4034 Colorado Geological Survey Morgan - 970-867-9659 Division of Minerals and Geology Platte Valley (Brighton) -303-659-7004 1313 Sherman St Southeast Weld (Brighton)-303-659-7004 Rm 715 West Adams(Brighton) -303-659-7004 Denver CO 80203 West Greeley-970-356-6506 (303) 866-2611 Web link—www.cacd.com Web link-www.geosurvey.state.co.us Weld County Attorney's Office Weld County Clerk to the Board 1150 O Street 1150 O Street PO Box 758 PO Box 758 Greeley, CO 80632 Greeley, CO 80632 970-336-7235 970-336-7215 Web link: Web link: www.co.weld.co.us/Departments/CountyAttornev www.co.weld.co.us/Departments/Commissioners/CI erktotheBoard . a. • Name Cash/ServicesProperty Value Date Due Linda Allred 50.00 Feb.7 2007 Lawrence Wayne Allred 50.00 Feb.7 2007 6. If additional capital is required by the limited liability company and is determined by a 100% vote of the members,then each member shall be required to con- tribute to such additional capital in such proportions and by a certain date as determined by such vote. 7. If any member shall fail to make his or her initial or additional contributions as indicated by this agreement, any amendment to this agreement, or any additional agreement be- tween the members,then this company shall continue as a limited liability company of only those members who have satisfied their contribution requirements.Any member who has failed to satisfy his or her contribution requirements will not be a member of this limited liability company.Each member who has made a contribution shall then be entitled to a share of limited liability company profits and losses in proportion to the amount of their contribution to the total contributions.If any additional limited liability company contributions are necessary,such additional contributions shall be determined by the remaining members as specified under the terms of this agreement regarding"Ad-. ditional Contributions"above. 8. Interest at the rate of N/A percent( %)per annum shall be paid on each member's capital contributions that were paid in cash. The interest shall be an expense of the limited liability company and paid on an annual basis to the member who is entitled to it. 9. In addition to capital contributions,the following cash or property will be loaned to the limited liability company under the terms specified: Name of Member Cash/Property Loaned Terms of Loan Linda Allred N/A Lawrence Wayne Allred N/A 10. Each member's proportionate share of the profits and losses of the limited liability com- pany shall be as follows: U k . Name Percent of Ownership of Limited Liability Company Linda Allred 50% Lawrence Wayne Allred 50% 11. Any profits or losses of the limited liability company shall be determined and distrib- uted to the members on a Annual basis according to their proportion- ate share of the profits and losses of the limited liability company.However,the first percent( 0 %)of the profits for each such period shall be retained by the limited liability company for reinvestment in the limited liability company. 12. The management of the company shall be exclusively by Linda Allred,Wayne Allred .The actual person(s)to manage the company and the salary of an such person(s)shall be determined by a 100% vote of the members of the limited liability company,and the management may be removed at any time,with or without cause,by a like vote. 13. One or more managers may be selected under the terms of this agreement. If a single individual is selected to manage the company,such person shall have exclusive authority to make all management decisions. Otherwise, all limited liability company decisions will be made by 100% vote among the persons selected to manage the company,except the major company decisions noted below,which must be decided by unanimous vote"of the persons selected to manage the company.The manager(s)shall have the authority to conduct the day-to-day business of the limited liability company, without consultation with the other members.This shall include hiring and firing employ- ees,signing limited liability company checks,withdrawing funds from limited liability company accounts,borrowing money up to the amount of$ 1,000.00 ,and maintaining the books and records of the limited liability company. Major decisions are defined as follows: Will be made by all members and a 100%agreement on all Decisions 14. The annual limited liability company meeting will be held on the January 19th of every year at 7 o'clock p .m..This meeting is for the purpose of assessing the current status of the limited liability company and transacting any necessary business. If this day is a legal holiday,the meeting will be held on the next day. 15. The place for the annual members meeting will be the principal office of the limited li- ability company, located at: 12092 WCR 72 Eaton,CO 80615 or at a location agreed upon by both parties 1 16. A quorum for a members meeting will be a majority of the members. Once a quorum is present, business may be conducted at the meeting, even if members leave prior to adjournment. 17. At all meetings of members,a member may vote by signed proxy or by power of attorney. To be valid,a proxy must be filed with the limited liability company prior to the stated time of the meeting.No proxy may be valid for more than 11 months, unless the proxy specifically states otherwise.A proxy may always be revoked prior to the meeting for which it is intended.Attendance at the meeting for which a proxy has been authorized always revokes the proxy. 18. A 100% vote of the members entitled to vote will be sufficient to de- cide any matter, unless a greater number is required by this agreement or by state law. Adjournment shall be by majority vote of those shares entitled to vote. 19. Any action that may be taken at a company meeting may be taken instead without a meet- ing if an agreement is consented to,in writing,by all members who would be entitled to vote. 20. The members will,jointly,have all powers available under state law,including the power to:appoint and remove managers and employees;change the offices;borrow money on behalf of the limited liability company, including the power to execute any evidence of indebtedness on behalf of the limited liability company;and enter into contracts on behalf 1 of the limited liability company.Such powers may be exercised by a single member only upon unanimous approval of all of the members. 21. Each member and manager owes a fiduciary duty of good faith and reasonable care with regard to all actions taken on behalf of the limited liability company. Each member and manager must perform his or her duties in good faith in a manner that he or she reason- ably believes to be in the best interests of the limited liability company, using ordinary care and prudence. 22. The limited liability company will maintain accounting records that will be open to any member for inspection at any reasonable time.These records will include separate income and capital accounts for each member.The accounting will be on the annual basis and on a -year basis.The capital account of each member will consist of no less than the value of the property,cash, or services that the member shall have contributed with his or her initial or additional contributions to the limited liability company. 23. All notes, mortgages, or other evidence of indebtedness shall be signed by all of the members of the limited liability company,unless otherwise allowed under the terms of this agreement. 24. The limited liability company will maintain a business checking bank account at: 1st National Bank 25. The limited liability company may not lend any money to a manager or member of the limited liability company unless the loan has been approved by a 100% vote of all members of the limited liability company. 26. All members are entitled to o draws from the expected profits of the limited liability company.The draws will be debited against the income account of the member.The dollar amount of the draws shall be determined by a 100% vote of the members. 27. All members are eligible to be paid reasonable salaries for work or services they perform in the limited liability company business,unless such work is in the capacity of a manager or is to be considered as a contribution to the company. 28. Each member shall receive an expense account for up to$ 10.00 per month for the payment of reasonable and necessary business expenses in the regular course of limited liability company business. Each member shall provide the limited liability company with a written record of such expenses in order to obtain reimbursement. 29. A member may transfer all or part of his or her interest in the limited liability company to any other party only with the unanimous consent of the other members.In addition,the limited liability company has the right of first refusal to purchase the member's interest on the same terms and conditions as the member's offer from the third party.This option to buy must be exercised by the limited liability company within 30 days from notice of the offer to buy by a third party. 30. A member may be expelled from the limited liability company at any time by the unani- mous consent of the other members. Upon expulsion, the expelled member shall cease to be a member and shall have no interest,rights,authority,power,or ownership in the limited liability company or any limited liability company property.The expelled member shall be entitled to receive value for his or her interest in the limited liability company as determined by the terms of this agreement.The limited liability company shall continue in business without interruption without the expelled member. 31. A member is automatically expelled from the limited liability company at any time upon the occurrence of any of the following: (a) A member files a petition for or becomes subject to an order for relief under the Federal Bankruptcy Code (b) A member files for or becomes subject to any order for insolvency under any state law (c) A member makes an assignment for the benefit of creditors (d) A member consents to or becomes subject to the appointment of a receiver over a substantial portion of his or her assets (e) A member consents to or becomes subject to an attachment or execution of a sub- stantial portion of his or her assets On the date of any of the above events,the expelled member shall cease to be a member and shall have no interest,rights,authority,power,or ownership in the limited liability company or any limited liability company property.The expelled member shall be entitled to receive value for his or her interest in the limited liability company as determined by the terms of this agreement. The limited liability company shall continue in business without interruption without the expelled member. 32. The expulsion of a member shall be final and shall not be subject to mediation,arbitra- tion,or review by any court of any jurisdiction. 33. The limited liability company shall buy and maintain life insurance on the life of each member in the amount of$ 0.00 .The limited liability company shall also buy and maintain disability insurance on each other member in the amount of $ 0.00 . Such life and disability insurance shall be considered assets of the company. On the withdrawal,termination,or expulsion of any member for any reason other than his or her death or disability,any insurance policies on the member's life or health on which the limited liability company paid premiums shall become the per- sonal property of the departing member and the cash value(if any)of such policy shall be considered as a draw against the departing member's income account. 34. Except as otherwise provided by this agreement,the members agree that any dispute arising related to this agreement will be settled by Both partners Unda Allred,Wayne Allred .The person hired for such dispute resolution shall be chosen by a 100% vote of the members.All costs of such dispute resolution will be shared equally by all members involved in the dispute. 35. A new member may be admitted to the limited liability company by 100% consent of the members.Admission of a new member shall not cause the termination of the original limited liability company entity,but rather, it shall continue with the ad- ditional member. 36. Any new member to the limited liability company shall be responsible for and assume full personal liability equal to all other members for all limited liability company debts, liabilities, and obligations whenever incurred for which the other members of the com- pany have assumed personal liability. 37. If any member withdraws from the limited liability company for any reason(including the death or disability of the member),the limited liability company shall continue and be operated by the remaining members.The withdrawing member or his or her personal representative will be obligated to sell that member's interest to the remaining members and those remaining members will be obligated to buy that interest. The value of the withdrawing member's interest will be his or her proportionate share of the total value of the limited liability company.If necessary,the total value of the limited liability com- pany will be assessed by an independent appraisal made within 90 days of the member's withdrawal.The costs of the appraisal will be shared equally by all members,including the withdrawing member. 38. No member,during or after the operation of the limited liability company,shall engage in any business that is in competition in any manner with the limited liability company. The prohibition against competition shall continue for a period of one years after the member leaves the limited liability company and for any business within 100 miles of the limited liability company's principal place of business.This noncompetition agreement shall end with the termination of the limited liability company. 39. The limited liability company may be terminated at any time by unanimous consent of the members. Upon termination,the members agree to apply the assets and money of the limited liability company in the following order: (a) To pay all the debts and obligations of the limited liability company (b) To distribute the members'income accounts to them in their proportionate share (c) To distribute the members'capital accounts to them in their proportionate share (d) To distribute any remaining assets to them in their proportionate share 40. This Operating Agreement may be amended in any manner by 100% vote of the members. 41. This Articles of Organization may be amended in any manner by 100% vote of the members. 42. The following additional provisions are part of this agreement: Buying and selling of any Real Estate in the LLC will need authorization of both partner Lawrence Wayne Allred Linda Allred 43. No modification of this agreement shall be effective unless it is in writing and approved by the required number of members set forth in this agreement. This agreement binds and benefits all members and any successors,inheritors,assigns,or representatives of the members.Time is of the essence of this agreement.This document is the entire agreement between the members.Any attached papers that are referred to in this agreement are part of this agreement.Any alleged oral agreements shall have no force or effect.This agree- ment is governed by the laws of the State of Colorado . If any portion of this agreement is held to be invalid, void, or unenforceable by any court of law of competent jurisdiction,the rest of the agreement shall remain in full force and effect. Dated Febuary 7 ,20 07 Signature of Member Printed Name of Member ot W.)440. Linda Allred Lawrence Wayne Allred I AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: 17783-A PT NW4 7 6 66 BEG 47.03'E FROM NW COR SEC E632.05' TO C/L OF IRRI DITCH THENCE ALONG C/L OF DITCH S07D19'E 924' TO BEG OF CURVE HAVING A RADIUS OF 480' CHORD BEARING S03D31'W 284.51' S24D53'W 438' S24D29'W 144.50' S25D36'W 107' S27D04'W 306.50' S31D19'W 183' S36D47'W 177.50' N47D09'W 301' TO W LN OF NW4 & C/L OF WCR #25 N01D53'E 1453.41' N11 D13'E 45'TO BEG OF CURVE HAVING A RADIUS OF 140'CHORD BEARING N35D01'E 140.02' N61 D32'E 82'TO BEG OF CURVE HAVING A RADIUS OF 175'CHORD BEARING N21D06'E 238.29'TO BEG OF CURVE HAVING A RADIUS OF 1300'CHORD BEARING N26D12'W 377.02'TO TRUE POB (2R2D5LAKE) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) adjacent to the road, street or alley considered for vacation. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty days prior to the date the application is submitted to the Clerk to the Board. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my(our) knowledge. Signature Date Signature Date Signature Date EXPLANATION The proposed right of way was given in 1903 should CR 25 become seeped from the seep hole it navigates around. It is 2016 and CR 25 has not been moved or constructed in the proposed right of way. The deed signed in 1903 between David Severance and Weld County states that the strip of land for the proposed right of way is for road purposes only and whenever the same ceases to be used for that purpose then and in that case the strip of land shall revert back to the guarantor, heirs or assigns. It has been 113 years since this right of way has been put in place and the county has not constructed a road on this right of way. The petitioners are asking the county to revert the right of way back to the owners of the surface. See attached documents from 1903 and 1913. IIIMMEMEMEMb • 100/238 Co. Rd. 25 see County Clerk and Recorder Book 48 page 50 4/16/1887 Petition to open road: Com- mencing NE corner Sec 1 T 6 R 67; South 3 miles. Declared public highway. Granted see Book 4 page 390 9/28/1903 Quit Claim Deed for R/W in Sec 7 T 6 R 66. Grantor: D. Severance. Recorded in Book 163 page 450 7/11913 Map of Proposed road in Sec 7T6R66. I V j hi 74... i • r 1... 4 it l •M.. •Vi g •.II i • 74. • . 1 ...= ,iii; e �. •i.. . • • 1� a - • RN 70 ..•,.• : .' . ^ �; • f�i�4f�ii 1887-0008 68 T.6it '^ •� �. i�l� w. w = n _._ --- • 1- CD } C C (175 (T1 O c Ct O It • Cn--I, I4i1i Q1 O a• o (1.) I ■ ■ ■ r ; O °' cm J �_J z 4-4 o a� a; Z s -O O ro I r u L' Q c6 ra la) (.3 a) > . _ Q til O a Z - c cc2 >, OO VD cv c 0 00 o = w 4171- v c no Ttil D v E u w c a co c E O I— ro I . P_ Z P c no Z 1 -I-, o V1 a0L 7 Q Q 0 o Q V (O in no -715 -, Hac CD ` �1 4--• a) co > (1..) — C 03 CU wC31 r13 t ` O L a) � . _ Lan >, f �a�ic,•r.-411Y3ifi ` a.air�n.w �. :. -_ co O ._ v w:,. •. C a 00 a) C E y rY ^W' ) Q • , W ' a ;- I N ' , , . 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Filing history and Get f;x Summary G rt a u;!tii!catc of d ',landing File a farm Snbsct ibc Sc emait }i notification Details Unsubsrrlbe from+:mad notification Name LA Resalulion,LLC Status Good Standing Formation date 02/07/2007 aucincss Nome iu, roes Information ID number 20071066768 Form Limited Liability Company ausinoss Search Jurisdiction Colorado Periodic report month February Term of duration Perpetual 1 Fag..Gte_sary and Information Principal office street address 2307 South Colorado,Loveland,CO 80537,United States Principal office mailing address P.O.Box 485,Windsor,CO 80550,United Slates Registered Agent Name LINDA ALLRED • Street address 2307 South Colorado,Loveland,CO 80537•United Stales Mailing address P.O.Box 485,Windsor,CO 80550,United Stales {r Cc rI J c :.di ! UiluldI. 1=i'.. am :St::: S! _ecur!:`.)a mass!!ljni Ur a "r l rtt,t?1 1!c C!:11'III Back https://www.sos.state.co.us/biz/B usi nessEntityDeta i 1.do?org.apache.struts.taglib.htrnl.TO... 11/18/2015 i Operating Agreement • This Limited Liability Company Operating Agreement is for the LA Resolution LLC organized under the laws of the State of Colorado , by the filing of its orga- nizational documents on Feb.7 ,20 07 The parties to this agreement agree to operate a limited liability company under the follow- ing terms and conditions: 1. The members have the power to determine the location of the limited liability company's principal place of business. The members also have the power to designate the limited liability company's registered agent,who may be a member. The company's principal place of business shall be: 12092 WCR 72 Eaton,CO 80615 or at a location agreed upon by both parties The name and address of the company's registered agent shall be: Unda aired 12092 WCR 72 Eaton,CO 80615 2. The initial members of the company are as follows: Name Address Linda Alfred 2307 South Colorado Loveland,CO 80537 Lawrence Wayne Allred P.O.Box 311 Slit Co 81652 3. No members or managers of the limited liability company shall be personally liable for any debts,obligations, expenses, liabilities,or any claims made against the company. 4. The members of the limited liability company elect to have the company treated as a partnership for state and federal income tax purposes.The mem- bers agree to execute and file any documents necessary to secure this tax treatment. 5. The start-up capital will be a total of$ 100.00 .Each member of the limited liability company agrees to contribute the following property,services,or cash to this total amount on or before the date indicated: • I 6 , 12 7 I ,, . 2 1 _FATE \� 4 II: 1 v rilby ':: I '+ ' (,.4; II kIII ' I V II 0 I o h I 44 1 I� /' h ,. I II _j ° 4 :. .../;-..--:.% " �rr� `r ,. - -- 11f' LNE- . � • 41,2' I i PLAT SHOWING RIGHTOF WAY FOR PROPOSED ROAD AROUND LAKE ONE MILE EASE AND SOUTH OF - SEVERANGE scale 1°a 200 Feet THEDE.5CR1F7701 OFA,SFRJP OFLANO 40 FEET/N W/OTN,771ECEME,PUNEOFwyrc4Y/S DESCR/S,EO.13 FOIWWs1 8��eyy/i7n/, 7 at v o4/4/30 ee tro/r 0/16cJec/ion/x behtzrn .S . of2S 6 444'7441 47',ph/a/he NkgC.7777enofs 47 • 7611/4.0/,4 6/3144`4, A0 ce 66 lie ff /'he 6r*•P.M,i v r Ns9°,26! 4 distance g/3B.b fed/fhefce 39`204, vd rtar7cc91393.6 f ee,4 S,//°1,64'o dato/7ceo�666,52l eet,S/elf:: Ver,7',S-/vnce of/0 1„5fee/ ondthe,/7cc;S.46'1,9 4(0 ais/a4ce Of,(c ft t to p.., -/4/`3016-e/eos/of f/ie Sedfiori/iie6c/Jyee.7seaPohs 7-6-66 o/7d/2-6-67, enddrub/7r`Sav/`hc91f7svio'4(1, Corer 0/sect/a)?3 /fs3,6 feet,o//df/'fti//5/4.4 7/4/ ,cf b 174 Ged�N.00°06E-oss/a/xe 9//¢2,9, so,�.S/r/ g/LO 6,6424`pi�//h7 O//c o/74//4/foar aae- -edlY�c (/ ) Aces /77,4,, o,'/e-ss, LINCOLN &. GELDER owcc LCY,oo Lowwoo c::,...-D-ag!inual w°..._.Ii., -, . Cwn.rw YwN.Iawy ° C.. °,..Suly.1Q13 I 606. WIT CLAIM DIID.-The O,L Pat PrintIn,d Statlaoerr ca _. -------- ---—_—_— —'--•- wv�.atar.eae rrLan•cato. _ ------ Chis Deed, Made this ✓C.C � day of �� . [.� N..Q[ll�Fr in the year of our Lord one thousand nine hundred and between C of the County of....._..___.,iJ and State of Colorado,of the first part,and............. .• • .%Ii4h4 at-e,e0+ of the __ _ ____ State of Colorado,of the second part, Witnesse(I., That the said part .._ ...of the first part, for and in consideration of the sum of 1 e/...ill !Lee/... "4 ✓.0..D7.77.7.7:......._ --... .. - gtY0-e—�� '`-e9" to the said paz•t,.l�.of the first part in hand paid by the said part_._..of the second part,the receipt whereof is hereby confesses and acknowledged, had/remised, released, sold, conveyed and QUIT-CLAIMED, and by these presents do?.E.remise, release, sell, convey and QUIT-CLAIM unto the said part ...of the second part, • d4,04 Ndi kaino-and assigns,forever,all the right, title, t.which the said par,_.. of the first part ha.t/r�i and to the following described v situate,lying and being in"the County of ..,(—/-/-€.44and State of Colorado, to-wit• a ,d... .,..",,' �� 6o._._ • ..L aza - .. .arzy.,vid.,42., ,261re. 7lo-a`le.ur -r. r-Zie, _P/ i a... ._, - . . . tea _. ._,,, . 4.4 --Zore .2 _4:47142?ta-641'Llz:Zp-4ticelle-7Ze_,-„/ - - • ii afezz4 ,41 -4.ei6 6/_14,./. ".,,,f‘. ...,_ Ai ./ze,-.0//2,-,„,„, 4 4 _. _.4_6(..--4/1 -Co Ijaot and o bold Same, Together with all and singular the appurtenances and privileges tl,erc- *i. unto belonging or in anywise(hereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the said part. ......of the first part,either in law or equity,to the only proper use, benefit and beiwof of the said ..part _..Of Rhe second part4r4k Kor#lustn and assigns,forever. Q 9n ilness Memo), The said part.- ..of the first part hae .hereunto set_ '4...hand..and seat il the day and year first above written. SIGNED, SEALED AND DELIVERED IN PRESENCE OF / (ate) as I. (mt.) I • • I! R-4 • STATE OF,-�- , COUNTY OF 1.88. • in the,State aforesc tti'do hereby certify t personally known,to me to be the person—.whose name / subscribed to the forgoing Deed,apy person,, and acknowledged that signed,sealed and delivered the said instrnncentof writing as voluntary art for the uses nail purposes therein set forth. (liven under ,y hand and seal, this............v of ;h/ ..l D. 190 .• • c� 144(7 • _ .No..tZfY',/6./ QUIT-CLAIM DEED. • TO• 2/1,-/-140e-tc, STATE O`GYf RADO, County of _ _ _ ss. I hereby certify that this De was filed for eeord on the Al _.. .day of �j4..D. 90.4;at .L9� o'alock_Gll_.hL, in my office, • and duly recorded.in Book.__1--- _-__ _-- _ • • CO1.11.(22S6.)—Ode.,A.ge,flow R(h.Stour,,118 old.20 MO NA,.Nmq,(Mfropn. ROAD PETITION. To the Honorable Board of County Commissioners of Weld County, Colorado: GENTLEMEN: Ve, the undersigned, Citizens of your County, respectfully represent that the necessities of the pabliro require,a county waggon road to be laid out as follows.to wit:CoCommenciiing at �y �G-74 ? Ct!/� �a�!rc�-./ 1!l P /c��. L�yr1��- dt�.f(e �jV�a„a., G 'id/ 7744,+J t 7Y/(�•. /f Jl r r.�s:-� 42.77;:. 1.5G sr • ! �.� ' 4'7 • Jail road to be not less than sixty((i0)feet in width. We therefore petition your honorable body to rause to he laid out and opened a County road as above described and we.the owners of the la)ul through which said road is sought to be laid out,in consideration of the sum of n u' dollaar to us each and severally in hand paid by the said County of Weld the. receipt of which is hereby arkrwwledged, and of the laying oat and opening of said road,hereby agree. to give the right of way through our lands as shown.by the plat accompanying this petition,and relinquish all claims for damage by reason thereof. The anal proposed tine of road is Marc fully shown by thw following map or plat to which reference is:herein made,the same being in TOWNSHIP--- .NORTH RANGE WEST 1 . . 36 !' 31 32 33 - 34 36 36 1 31 1. . . 1 il 6 6 4 3 2 1 r 6 r Zi :. F 12 •• 7 8 9 10 11 12 ' 7 I 1- 13 M 18 17 16 16 14 13 18 I 24 F 19 20 21 22 23 24 19 F !I 25 # 30 29 28 27 26 25 I 343 • I- I i . .. . .. . _.. .._... . . .. . . • . 1 36 1 31 32 33 34 35 36 31 • i j 1 i 6 5 4 3 2 1 I! 6 I I .ds witness our signatures hereunto annexed,glut followed by a description of our land this day of 18 . $1ONATL'AES. PROPERTY OWNED SIIAIIIC III ION. Sc.N Ti'. RANON • T . .. 1r� •._,j• (,7-1 oil / 40,41 e.„:7„,„0-----_. (4 , V W,Ze --61'C't?()/1/4 ea ace,43 4 ' ie9Z I ., ,. 6.1"-C4‘e:dr:)(7-44er,,-: / r '-'r/(1 /-1-4. - 7'.' 'c .r-- . r ' i. Ja 4-:-:ia, . .., !..,,.„,.... . ..... 1' . co- r.�C -� ' z - ... 4.-e //`_-..4, d•k-r►.....:..4:: , ,:. . , : .. /` 1.-, I . . ' ,.1.. %/P.'-- , - C ( 1. h. nel EV�t t.:-A,- j e' .-44-04(..4A.,t(.4e.,A.,z_Let--; ✓ ✓r 1ff • • • • • • . . "is ; .4.- -li 5 islf").1 ; ?,• . 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E.2 i° mry„ - $ r_ _ t t= v N. _ ag o°goge - E6g-8 F,i - EE , `£" f °E_ ° oi1po•ott - - E' m etioP osE ` ° "r Em - o - S� , e.z ` �: g. ate; =„gym sE -_ _ - xE -__ - _ :a ti ',�� = a J• '€ry m£. °E `�'�_<Sr _ 9 •; T:E _ - - <F 'E - ago 4EZ. ;.aa,:a' _ aE`EE€'" r Et2QE` - u{ tla_ [_ 2f „:a _ t� .pia "E N 't ci' nC rE :Eiei5ii5 -s....-;e e- -vE•us°gQ 3i0IF3Ee iaia =t2 oEni <t 9=yo y -° „ eo m._u IA n" m ._ .-mc• _o V. _ _=au^^ <._•e_ee n E. '�uCeEEo.o.PS .£:o. �-°,S _o nt_=< n[� ae .��?mom (D N d ' \N, ,z,i Qo Ln AO ( ( CO 8 \N z t v� L 00 qs 4 1 'a ti c)3 w a Lu a i a ocn ( 1 E— o0 0 cn Z ots O ? w CO W C.) O3 a Lw =o Q '� O V U E o z \ LCirj � O •Aw 29909 00 ' Ia3JO 89L X09 Od ��--0 cc m paeo8 SLIT of )1-1e10 d opeaoIOO `�(iunoo PPMs,9g, a Rafaela Martinez From: Rob Johnson <rob@abrucejohnson.com> Sent: Tuesday, February 23, 2016 11:00 AM To: Rafaela Martinez Cc: lindara52@yahoo.com; Bruce Johnson Subject: Re: Petition to Vacate ROW - CR 25 Rafaela, Thank you for taking my call and explaining what needed to be done here. Given that LA Resolution LLC applied for the Petition to Vacate the Right of Way and that LA Resolution, LLC is the only land owner adjacent to the right of way, as their agent we hereby waive written notice of this hearing. Thank you again for your support and anything you can do to assist us in completing this process in a expeditious manner is greatly appreciated. Rob Rob Johnson A. Bruce Johnson& Associates C) 970.581.2994 rob@abrucejohnson.com On Mon, Feb 22, 2016 at 12:01 PM, Rafaela Martinez<ramartinez@co.weld.co.us> wrote: Hello, I will need some correspondence stating that the Property Owner on both sides of the ROW Waives Written notice of this hearing. This is not something you have to do, but it will significantly speed up the processing time on this application. Please let me know as soon as possible. Thank you, 1 I Rafaela Martinez From: Rafaela Martinez Sent: Tuesday, February 23, 2016 5:01 PM To: rob@abrucejohnson.com Cc: lindara52@yahoo.com; Bob Choate; Esther Gesick Subject: FW: ROW Petition to Vacate - LA Resolutions, LLC c/o A. Bruce Johnson and Associates Good Afternoon, Please see the E-Mail string below. I am forwarding this along to stay consistent with communication in the event that there is any confusion as to what is going on. With that being said, I would like to tentatively schedule this item for the Monday, March 7, 2016 Board of County Commissioner's Hearing.That will be at 9:00 AM at the Weld County Administration Building, 1150"O" Street, Greeley, 80632. Please let me know if you have any questions or concerns, otherwise I will follow up with you. Thank you, Rafaela a. .Martinez Deputy Clerk to the Board 1150 O Street'P.O. Box 7581 Greeley, CO 80632 tel: (970)336-7215 X5226 i r - 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 privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify 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: Bruce Barker Sent:Tuesday, February 23, 2016 3:36 PM To: Bob Choate <bchoate@co.weld.co.us>; Rafaela Martinez<ramartinez@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Michael Hall <mhall@co.weld.co.us>; Richard Hastings<rhastings@co.weld.co.us>;Tom Parko Jr. <tparko@co.weld.co.us> Cc: Esther Gesick<egesick@co.weld.co.us> Subject: RE: ROW Petition to Vacate- LA Resolutions, LLC c/o A. Bruce Johnson and Associates I agree. Good job! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150"O" Street Greeley, CO 80632 1 (970) 356-4000, Ext.4390 Fax: (970) 352-0242 s r 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 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: Bob Choate Sent:Tuesday, February 23, 2016 2:49 PM To: Bruce Barker<bbarker@co.weld.co.us>; Rafaela Martinez<ramartinez@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Michael Hall <mhall@co.weld.co.us>; Richard Hastings<rhastings@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us> Cc: Esther Gesick<egesick@co.weld.co.us> Subject: RE: ROW Petition to Vacate - LA Resolutions, LLC c/o A. Bruce Johnson and Associates It appears to me that this "ghost road" was quitclaimed to Weld County in 1903, and that "said strip of land is given for road purposes only and whenever the same ceases to be used for that purpose, then and in that case said strip of land shall revert back to the said party of the first part his heirs or assigns." However, in the plat for this 1903 quit claim deed is a designation of the "present road".This road was born by a road petition in 1887 which runs north from current SH 392 at the south end to current CR 72, but does not specifically permit the road to be built on the east side of"Waste Lake" (as described in the plat). As such, I would recommend the property owner quit claim the property underlying the current roadway, which is delineated on the draft plat. I propose we condition the vacation upon an appropriate quit claim deed which attaches the plat for descriptive purposes. Bob Choate Assistant Weld County Attorney 1150 "O" Street; P.O. Box 758 Greeley, Colorado 80632 Tel: 970-336-7235 Fax: 970-352-0242 Email: bchoate(aiweldgov.com STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Bruce Barker Sent: Monday, February 22, 2016 11:52 AM To: Bob Choate <bchoate@co.weld.co.us>; Rafaela Martinez<ramartinez@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Michael Hall <mhall@co.weld.co.us>; Richard Hastings<rhastings@co.weld.co.us>;Tom Parko Jr. <tparko@co.weld.co.us> 2 Cc: Esther Gesick<egesick@co.weld.co.us> Subject: RE: ROW Petition to Vacate- LA Resolutions, LLC c/o A. Bruce Johnson and Associates Will we be getting a quit claim deed for the road where it exists now? Or was it previously conveyed to the County? Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150"O" Street Greeley, CO 80632 (970) 356-4000, Ext. 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 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: Bob Choate Sent: Monday, February 22, 2016 11:41 AM To: Rafaela Martinez<ramartinez@co.weld.co.us>; Bruce Barker<bbarker@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Michael Hall <mhall@co.weld.co.us>; Richard Hastings<rhastings@co.weld.co.us>;Tom Parko Jr. <tparko@co.weld.co.us> Cc: Esther Gesick<egesick@co.weld.co.us> Subject: RE: ROW Petition to Vacate- LA Resolutions, LLC c/o A. Bruce Johnson and Associates Good morning all, The attached draft plat, provided by Michael Hall, shows the "ghost road" ROW to be vacated by this petition.The ROW is entirely on the petitioner's property, and no roadway exists there. Feel free to call or email me to discuss further. Thanks, Bob Choate Assistant Weld County Attorney 1150 "O" Street; P.O. Box 758 Greeley, Colorado 80632 Tel: 970-336-7235 Fax: 970-352-0242 Email: bchoate(a`weldgov.com STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly 3 prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Rafaela Martinez Sent: Monday, February 22, 2016 11:24 AM To: Bob Choate <bchoate@co.weld.co.us>; Bruce Barker<bbarker@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Michael Hall <mhall@co.weld.co.us>; Richard Hastings<rhastings@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us> Cc: Esther Gesick<egesick@co.weld.co.us>; Rafaela Martinez<ramartinez@co.weld.co.us> Subject: ROW Petition to Vacate- LA Resolutions, LLC c/o A. Bruce Johnson and Associates Good Morning, Please see the attached Petition for Vacation of Road, Street, or Alley Right-of-Way within Unincorporated Weld County. The Clerk to the Board's Office will need your referral response within 2 Weeks to ensure that this item is able to move forward on the BOCC Agenda. Please let me know if you have any questions or concerns. Thank you, Rafaela.1. Martinez Deputy Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970)336-7215 X5226 `fw 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 privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify 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. 4 Rafaela Martinez From: Tom Parko Jr. Sent: Wednesday, March 02, 2016 7:27 AM To: Rafaela Martinez Cc: Bob Choate; Richard Hastings; Michelle Martin Subject: FW: ROW Petition to Vacate - LA Resolutions, LLC c/o A. Bruce Johnson and Associates Rafaela, Good morning. See below pertaining to the vacation of ROW. I will concur with Bob's recommendation that the property owner shall quite claim the property underlying the roadway. I don't believe Planning has any other concerns. Regards, Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 186 { r . .m a �aa = 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 privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify 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: Bob Choate Sent:Tuesday, February 23, 2016 2:49 PM To: Bruce Barker<bbarker@co.weld.co.us>; Rafaela Martinez<ramartinez@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Michael Hall <mhall@co.weld.co.us>; Richard Hastings<rhastings@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us> Cc: Esther Gesick<egesick@co.weld.co.us> Subject: RE: ROW Petition to Vacate- LA Resolutions, LLC c/o A. Bruce Johnson and Associates It appears to me that this "ghost road" was quitclaimed to Weld County in 1903, and that "said strip of land is given for road purposes only and whenever the same ceases to be used for that purpose, then and in that case said strip of land shall revert back to the said party of the first part his heirs or assigns." However, in the plat for this 1903 quit claim deed is a designation of the "present road". This road was born by a road petition in 1887 which runs north from current SH 392 at the south end to current CR 72, but does not specifically 1 permit the road to be built on the east side of"Waste Lake" (as described in the plat). As such, I would recommend the property owner quit claim the property underlying the current roadway, which is delineated on the draft plat. I propose we condition the vacation upon an appropriate quit claim deed which attaches the plat for descriptive purposes. Bob Choate Assistant Weld County Attorney 1150 "O" Street; P.O. Box 758 Greeley, Colorado 80632 Tel: 970-336-7235 Fax: 970-352-0242 Email: bchoate@weldgov.com STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Bruce Barker Sent: Monday, February 22, 2016 11:52 AM To: Bob Choate<bchoate@co.weld.co.us>; Rafaela Martinez<ramartinez@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Michael Hall <mhall@co.weld.co.us>; Richard Hastings<rhastings@co.weld.co.us>;Tom Parko Jr. <tparko@co.weld.co.us> Cc: Esther Gesick<egesick@co.weld.co.us> Subject: RE: ROW Petition to Vacate- LA Resolutions, LLC c/o A. Bruce Johnson and Associates Will we be getting a quit claim deed for the road where it exists now? Or was it previously conveyed to the County? Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext.4390 Fax: (970) 352-0242 '2'Z' 44. **4:, 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 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: Bob Choate Sent: Monday, February 22, 2016 11:41 AM To: Rafaela Martinez<ramartinez@co.weld.co.us>; Bruce Barker<bbarker@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Michael Hall <mhall@co.weld.co.us>; Richard Hastings<rhastings@co.weld.co.us>;Tom Parko 2 Jr. <tparko@co.weld.co.us> Cc: Esther Gesick<egesick@co.weld.co.us> Subject: RE: ROW Petition to Vacate- LA Resolutions, LLC c/o A. Bruce Johnson and Associates Good morning all, The attached draft plat, provided by Michael Hall, shows the "ghost road" ROW to be vacated by this petition.The ROW is entirely on the petitioner's property, and no roadway exists there. Feel free to call or email me to discuss further. Thanks, Bob Choate Assistant Weld County Attorney 11.50 "O" Street; F.O. Box 758 Greeley, Colorado 80632 Tel: 970-336-7235 Fax: 970-352-0242 Email: bchoate1aweldgov.com STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Rafaela Martinez Sent: Monday, February 22, 2016 11:24 AM To: Bob Choate<bchoate@co.weld.co.us>; Bruce Barker<bbarker@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Michael Hall <mhall@co.weld.co.us>; Richard Hastings<rhastings@co.weld.co.us>;Tom Parko Jr. <tparko@co.weld.co.us> Cc: Esther Gesick<egesick@co.weld.co.us>; Rafaela Martinez<ramartinez@co.weld.co.us> Subject: ROW Petition to Vacate - LA Resolutions, LLC c/o A. Bruce Johnson and Associates Good Morning, Please see the attached Petition for Vacation of Road, Street, or Alley Right-of-Way within Unincorporated Weld County. The Clerk to the Board's Office will need your referral response within 2 Weeks to ensure that this item is able to move forward on the BOCC Agenda. Please let me know if you have any questions or concerns. Thank you, Rafaela.1. Martinez Deputy Clerk to the Board 1150 O Street)P.O. Box 758'Greeley, CO 80632 tel: (970)336-7215 X5226 3 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 privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify 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. 4 Hello