RESOLUTION 2018-4

RESOLUTION VACATING A PORTION OF A CERTAIN ROADWAY LOCATED WITHIN THE ORIGINAL TOWN OF BRANDON, COUNTY OF KIOWA, STATE OF COLORADO

WHEREAS,it is necessary to the health, safety and welfare of the residence of Kiowa County, Colorado to vacate the following described roadway, and WHEREAS, it further is in the best interest of Kiowa County to vacate said portion, and

WHEREAS, it has been specifically requested by Michael Schneider that the county vacate the following described roadways, and 

WHEREAS, pursuant to C.R.S. 43-2-301, et. seq., it specifically provides methods for vacation of roadways, and 

WHEREAS, the Board of County Commissioners of Kiowa County did cause notice to be sent by first class mail to the last known addresses of each landowner who owns one acre or more ofland adjacent to the following described roadway, said notice having been mailed no later than ten days prior to this date, and 

WHEREAS,vacating the below described roadway will not cause any land to be without access to another established public road, and 

WHEREAS,the Board of County Commissioners of Kiowa County has the authority to vacate any roadway or any part thereof located entirely within said County, 

NOW, THEREFORE, BE IT RESOLVED,by the Board of County Commissioners of Kiowa County, Colorado ("Board"), as follows, to-wit: 

1. That pursuant to C.R.S. 43-2-301,, et. seq., and, in particular C.R.S. 43-2-303(1)(b) and (2)(b) the Board of County Commissioners of Kiowa County, Colorado vacate the following portions of a roadway located within the County, as follows, to-wit:

The portion of Fourth Street between Broadway and Railway Ave. in Blocks 18 and 19 and all alleyways in Blocks 18 and 19 of the Original Town of Brandon, County of Kiowa, State of Colorado, according to the recorded plat thereof.

2. That prior to said Board adopting said Resolution, said Board did cause to have mailed a notice by first-class mail to the last-known address of each land owner who owns one acre or more ofland adjacent to that portion of the roadway being vacated with such notice indicating the time and place of the Board of County Commissioners meeting and further with notice indicating that a resolution to vacate the county roadway would be presented at said meeting.

3. That said Board finds that no land adjoining said roadway shall be without an established public road or private-access easement connecting said land with another established public roadway because of said vacation of the aforementioned portion of road. 

4. That said Resolution pursuant to C.R.S. 43-2-303(2)(f) shall be duly recorded

with the Clerk and Recorder of Kiowa County, Colorado pursuant to C.R.S.43-1-202.7. 

5. That the within resolution shall be and become effective upon adoption of the same.

Entered into this __ day of June, 2018

BOARD OF COUNTY COMMISSIONERS

Richard Scott, Chairperson

Cindy McLoud, Commissioner

Donald Oswald, Commissioner

ATTEST:

Delisa Weeks, Clerk To The

Board of Commissioners

Kiowa County, CO