HomeMy WebLinkAbout20131195.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF PERMANENT CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 23 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - AMBER AND JOEL
HAND
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 an Agreement for Purchase of
Permanent Construction Easement for Certain Improvements to County Road 23, 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 Amber and Joel Hand, 32810 Weld
County Road 23, Windsor, Colorado, 80550, commencing upon execution of signature and
ending upon the completion of said project, whichever is earlier, with further terms and conditions
being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for Purchase of Permanent Construction Easement for
Certain Improvements to County Road 23, 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 Amber and Joel Hand be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2013-1195
EG0068
AGREEMENT FOR PURCHASE OF PERMANENT CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO CR 23 — AMBER AND JOEL HAND
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of May, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
ATTEST: I ers.tuta.
Weld County Clerk to the
BY:
Deputy Clerk to the Board
AP" S ED > r O -+RM:
Date of signature: S/0*
6u y Attorney
Sean P. Conway
EXCUSED
WELD QOI)INTY, COLORADO
Mike Freeman
I2}
Barbara Kirkmeyer) /
2013-1195
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: May 13, 2013
FROM: Jackie Hernandez -Barrow, Public Works Department
SUBJECT: Agenda
finql
Agreement for Purchase of Temporary Construction Easement on WCR 23 with Joel and Amber
Hand in the amount of $500.
\1 Francie.AGENUA memos.AgandaLeon-I docx
2013-1195
AGREEMENT FOR THE PURCHASE OF PERMANENT EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23,
BETWEEN JOEL AND AMBER HAND AND WELD COUNTY, COLORADO
ZZ
THIS AGREEMENT is made this r
day of AT , 2012, by and between Joel and
Amber Hand, whose address is 32810 Weld County Road 23sor, Colorado 80550, hereinafter
referred to as "Owner," and the County of Weld, a body corporate and politic of the State of
Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street,
Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter
referred to as "Permanent Easement", and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 23, which
will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement
Project"), and
WHEREAS, County requires said Permanent Easement in order to complete said Road
Improvement Project, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell and County agrees to purchase the Permanent Easement shown
and/or described on Exhibit "A" (a copy of which is attached hereto and made a part
hereof by this reference), for the sum of Five Hundred and no/100 Dollars, ($500.00).
The parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration.
2. Owner warrants that they are the Owner of the Permanent Easement and will defend
title thereto against all claims.
3. Owner agrees to grant the Permanent Easement to County by Deed of Dedication,
free and clear of all liens and encumbrances, except existing easements.
4. Owner shall not erect or construct, or allow to be erected or constructed, any building
or other structure on the property described in Exhibit A which may interfere with
County's full enjoyment of the rights hereunder; this Easement includes all rights and
kgmt for Purchase of Perm Easement -Possession After Clos`- -
54 Pages: of 4
2013 1:20 R ee:$0.00
oven ler -nd Reorder R-ld Co
PIA NINIAkin"i'll
iE�J+kl'lLSi
-` v, co
t till
3939604 Pages: 1 of 7
06/1 /2013 10:25 AM R Fee:$0.00
stet/ Moreno, C erk d Recorder, Weld County, CO
■l 'iiii I , I Ibkh Ali l lilll ll —
privileges as are necessary or incidental to County's reasonable and proper use of said
easement.
5. Owner shall retain the mineral estate associated with the Permanent Easement
interests, and shall also retain any water rights currently attached to or associated
with said Permanent Easement.
6. Owner shall deliver the fully executed Permanent Easement Deed of Dedication to
County at the date of closing which shall be no later than thirty (30) days following
the County's execution of this Agreement.
7. Owner shall pay any encumbrance associated with the Permanent Easement which is
required to be paid, including, but not limited to, a prorated amount of the property
taxes and any past due property taxes (and interest and penalties thereon) on or before
the date of Owner's delivery of the Permanent Easement Deed of Dedication to
County. Owner is solely responsible for the payment of any amounts owed to a third
party holding a security or other ownership interest in the Permanent Easement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall pay for the cost of obtaining title insurance if County desires to obtain
title insurance for the Permanent Easement.
2. County shall pay all fees associated with recording the Deed of Dedication.
3. The parties agree that County shall pay Owner for the Permanent Easement by
County warrant at the date of closing.
4. County will remove the existing fence along the easement area during construction.
County will replace the fence with a new fence at the end of construction, at Owner
option.
- MISCELLANEOUS
sr. RC-
mw�
3—_
N.I -a
owf
'Lorne
w elm4y
QN mF
mm-rIC
aNwyyk
tojolt
c
am "a
N £o �~
ear- a �E
e .
cow
m�, MI Agmt for Purchase of Perm Easement -Possession After Closing Page 2
1. Following the closing, it is expressly agreed by the parties hereto that County, its
contractors, agents, employees and all others deemed necessary by County, shall have
the irrevocable right to possess and use said Permanent Easement for the purposes of
constructing the Road Improvement Project and for its daily operation, access and
maintenance. This conveyance shall be deemed to include sufficient land for the
construction, operation, access, repair and maintenance of said project, including the
rights of entry upon, passage over, and deposit of excavated earth, and storage of
material and machinery upon such Permanent Easement as may be useful and
necessary.
3938 4 Pages: 4
06/ e / 013 1RM Re Fee
de$0.00
no CIe
IIWrit 114114MYi
. ,untyTCO
39396
06/12/,
Steve
.III
.1
Pages: 2 of 7
3 10:25 RM R Fee:$0.00
Cler and Recorder, Weld C( unty,lie&kat m i
2. This Agreement and the transfer of the Permanent Easement made pursuant to the
terms herein, shall be binding upon, all and inure to the benefit of and be
enforceable by the parties and their heirs, executors, administrators, successors,
and assigns.
3. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
4. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
5. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation, promise, or consideration different from the terms
herein contained shall be binding on either party, or its agents or employees.
6. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
7. This Agreement embodies all agreements between the parties hereto and there are no
promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
a
C�
0
V
mm3�,
nw
44.vIS) a.
0
U. 0 Cl,-
CI--
r
re 0
0 NvCOMM ME -2 lir
..3
-C.,
or
ry
v
tO
��s
C e
?gym=
8. This transaction shall be governed by and constructed in accordance with the laws of
the State of Colorado.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
Joel Hand
Title: Owner
Amber Hand
Title: Owner
Agmt for Purchase of Perm Easement -Possession After Closing
39383 ' Pages: 3Foe:$
06/07 01 11:20
Stev= Morena, Cler and Re order, •'eld
3939604 Pages` 3 Fee:$0.00
06/12/ 013 10:25 RM
e Steve repo, Gl �rk aid Rees
ach
Pnal.
BOARD OF COUNTY COMMISSIONERS
WELDJNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY.
Deputy Clerk to the Board
3940604 Pages: 4 of 7
06/17/2013 11:29 RM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
�11111r1 ILIAMM k� i+lA1Yg ME la Milli, II III
393835
06/07/ 013
St •v: oreno
II MHZ
tam F. areta, Chair
MAY 1 5 2013
5939604 Pages: 4 of 7
16/12 013 10:25 AM R Fee:$0.00
4eve r o, Clerk and Recorder, Weld County, CO
1111 i ' I. INl9: Fall II I
Agmt for Purchase of Perm Easement -Possession After Closing
Pages: 4 - 4
Clerk
1:20 A Fe :$0.00
-id Recor•er, Wel ounty, 0
AIN IXe'' '�R�I'I''klI ' Y4rh �I III
Page 4
a?eJ-3 - //9J
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Permanent Easement Number: PE -2
FROM
Joel M. Hand and Amber R. Hand
32810 WCR 23
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
And CR 23 realignment
3940604 Pages: 5 of 7
06/17/2013 11:29 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
�III1 �1lllM1i4rl�M+�114� I4il' k�l�4� GIT'ildiVIhiti II III
3939604 Pages: 5 of 7
06/12/2013 10:25 AM R Fee:$0.00
Ste k➢e Morena, CA}erk and Recorder, Weld C ty CO
1 of 3
EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
PERMANENT EASEMENT NUMBER: PE -2
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A Permanent Easement No. PE -2 of Weld County, and being part of the Department of Transportation, State of
Colorado, Project Code SA 18121, Project Number STU C030-043, containing 0.09 acres, more or less, in Lot A of
Recorded Exemption No. 0807 -23 -1 -RE 3468 in the Northeast One -Quarter of Section 23, Township 6 North,
Range 67 West of the 6th Principal Meridian, Weld County, Colorado, said parcel being more particularly described
as follows:
COMMENCING at the Northeast corner of Section 23, Township 6 North, Range 67 West;
Thence North 89°47'10" West along the north line of said Northeast One -Quarter a distance of 1289.67 feet;
Thence South 00°12'50" West a distance of 31.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and easterly right-of-way line of Weld County Road 23;
Thence South 00°37'12" East along said easterly right-of-way line a distance of 712.42 feet and being the TRUE
POINT OF BEGINNING;
1. Thence North 89°22'48" East a distance of 7.03 feet to a point of a non -tangent curve to the left;
2. Thence 6.59 feet along the arc of said curve whose radius is 168.32 feet, central angle is
02'14'31" and whose chord bears South 27°24'00" East a distance of 6.59 feet;
3. Thence South 00'37'12" East a distance of 375.70 feet;
4. Thence South 89'22'48" West a distance of 10.00 feet to a point on said existing easterly right-of-way
line;
5. Thence North 00`37'12" West a distance of 381.58 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 3,806.63 sf. or 0.09 ac. more or less.
Basis of Bearings: All bearings are based on a grid bearing of the north line of said Northeast One -Quarter as
bearing North 89°47'10" West a distance of 2616.22 feet from the Northeast corner to the North One -Quarter
corner of Section 23, Township 6 North, Range 67 West and described as shown.
For and on behalf of Weld County
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
3940604 Pages: 6 of 7
06/100
Steve7/2013 Morrent
Moreno, Clerk anld Recorder,
Weld County, CO
VIIIk��1N«her h�til4Pklti�4��lira,R7Ahrirkr, 14114 "Ill
`Oil III "/////
° 23520 N _
ddiv/j( LAND
S
'//lH Illllto.
2 of 3
mw
.3
r-iB
ec
CI
W%
�
Lt- o
to
DIE
—N 0
CO
mN0
m!el v
M�v
CSI SW
1.1v- HIWY
N 1/4 COR. S23-T6N-R67W
2-1/2" ALUM. PIPE STAMPED
LS#20685 IN MON. BOX
SHIRLEY E. TREGONING LIVING 7CR[JST
MERRILL E. TREGONING
MARGARET M. MATTHEWS
JAMES W. MA'i]'H E W S
LOT 8/RE-1031
LINE TABLE
L1
S0012'50"W
31.97'
L2
S0037'12"E
712.42'
NE 174
R 3--Tl5N4 73;l
EXISTING R.O.W.
RD.BK-3/PG-59
JAN. 26, 1882
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE
EXHIBIT -A 2' 89'47'10"W 2616.2NE 1/4 S23 T6N R67W
N 1289.67' P.O.C.
..- - - - 2616.22i
ASS -..�..-.._..-..-..-..-.._ .._..-..fit_
BASIS OF BEARINGS
P.O.B.
N00°37'1 2" W
•
i+- 60'
ATTACHED PROPERTY DESCRIPTION I 10.00 Mmu�
ONLY.
NE COR. S23-T6N-R67W
rN89°22'48"E 3-1/4" AI']M. CAP STAMPEC
7.03' LS#33642 ];J MON. BOX
I L=6.59'
R=168.32
A=02-14'31" MATTHEW W. I3RIER
C=6.59' MELANIE L. BRIER
CB=S27°24'40"E LOT B/RE-3468
O
I\
LJ7
N
1r)
w
N
0
O
c)
10'
NB ±'� 1/4
Sr -T6N 1 6M
PE -2
AMBER R. HAND
JOEL M. HAND
PARC.#080723100054
RECP.#3305900
LOT A/RE-3468
PERMANENT
EASEMENT
3,806.63 sf.
OR 0.09 ac.
0
U
a
m
• 3
r69-
d
o W
0
faro
Mtn
‘-S89'22'48"W
�1
`; ••REG/SI'
e
<v U,;
g 23520 '
iin uNAL LAW \\\.
'ioritI
gr
PERMANENT
EASEMENT
JOEL & AMBER HAND
32810 WCR23
WINDSOR, COLORADO
Ui
1861
�LJ
AMA
NT'
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 23 REALIGNMENT
AT
S.H. 392 & WCR 23
CDOT PROJECT NO#: STU C030-043
CDOT PROJECT CODE: SA 18121
SCALE:
1"=60'
DATE:
10-12-12
DRAWN BY:
0
ti
11-JB SHEET: 3 of3
A
BOARD OF COUNTY COMMISSIONERS
REVIEW/ WORK SESSION REQUEST
RE: Agreements for purchase of Right of Way on WCR 23 and State Highway 392 intersection
improvement project.
DEPARTMENT: WELD COUNTY PUBLIC WORKS DEPARTMENT DATE: April 19, 2013
PERSON REQUESTING: Dave Bauer, Public Works Director, Wayne Howard, County Engineer, Leon
Sievers, Right of Way Agent
Brief description of the problem/issue:
Weld County is performing the ROW acquisition efforts for this project including acquisition for CDOT ROW on SH
392. Now that historical clearances do not appear to be problematic PW is moving forward on completing the acquisition
of 8 parcels for our joint WCR 23/SH392 intersection improvement project with the Severance, Windsor, and CDOT. At
this time we have obtained agreements with all landowners and we are ready to proceed with the Boards review and
approval on the agreements negotiated for the necessary interests. The acquisition process has been reviewed and
approved by CDOT, as CDOT oversight is required due to the federal funding. Timing is of the essence as PW is ready to
advertise this project for construction and CDOT final clearances are still pending for ROW (upon issuing checks) and
Environmental clearances. We anticipate the project to take the majority of the 2013 construction season and we will be
up against fall weather for completion.
Attached is a summary of the total ROW required which includes 8 agreements with 7 landowners totaling $184,183.00.
The estimated budget amount for the ROW was $200,000. Weld County will use this expenditure as part of the required
20% matching funds for the grant. The summary indicates the values offered for the various parcels, easements and
damages. (The detailed agreements are available but are not included with this pass around due to file size but available if
requested). Effort was made to offer like values per acre on comparable parcels. All landowners have agreed to the ROW
purchase and have been very supportive of the project. Several of the acquisitions will take formal closings by a title
company and will require additional time to complete for this reason.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Accept the value listed in the attachment and have staff present the agreements to the Board at upcoming Board meetings
or schedule a work session to discuss further. Staff would be glad to address questions by the Board by email to help
expedite the process.
Recommendation to the Board:
Negotiations were conducted in good faith with CDOT oversight and values were determined by appraisal or comparable
sales. Staff recommends approving the amounts listed on the attachment and to move forward to accomplish construction
of this project this summer and fall.
William F. Garcia, Chair
Douglas Rademacher, Pro -Tern
Sean P. Conway
Mike Freeman
Barbara Kirkmeyer
Approve Schedule
Recommendation Work Session
r
rAr
Attachments: Agreement Value Summary
Parcel ROW Map
Comments
PARCEL LIST FOR WCR 23/HWY 392
WINDSOR LV II, a Utah Corporation
We are acquiring a Temporary Construction Easement for the construction of a field
entrance. We are acquiring 0.02 acres for $300 which is the minimum amount for a
Temporary Easement. This amount was reviewed and approved by CDOT. Total sum
being paid to this willing seller is $300.00
JAMES AND MARGARET MATTHEWS, Windsor, Colorado
We are acquiring a Temporary Construction Easement for the reconstruction of an
existing driveway. We are acquiring 0.15 acres for $1,100 which is 10% of the land value
of $76,000/ac for this 1 acre lot. The value was determined by using comparable sales in
the area and this amount was reviewed and approved by CDOT. Total sum being paid to
this willing seller is $1,100.00
GEORGE AND JENNY JARBOE, Windsor, Colorado
We are acquiring a Temporary Construction Easement for the reconstruction of an
existing driveway. We are acquiring 0.04 acres for $328.00 which is 10% of the land
value of $76,000/ac for this 1 acre lot. The value was determined by using comparable
sales in the area and this amount was reviewed and approved by CDOT. Total sum
being paid to this willing seller is $328.00
JOEL AND AMBER HAND, Windsor, Colorado
We are acquiring a Permanent Easement for the construction of the WCR 23. We are
acquiring 0.09 acres for $500.00 which is the minimum amount for a Permanent
Easement. The value was determined by using comparable sales in the area and this
amount was reviewed and approved by CDOT. Total sum being paid to this willing seller
is $500.00
WINDSOR LV, Round Rock, Texas
We are acquiring 3.68 ac of Right of Way for CDOT and 6.62 ac of Right of Way for Weld
County. We are also acquiring a total of 0.36 acres of Temporary Construction Easement
in five separate parcels. We are reimbursing the owner $103,000.00 for the 10.3 acres
of right of way and a total of $360.00 for the Temporary Construction Easements. The
land value was based on three appraisals, one completed late last year and two
completed for this project. The agreed to amount is $10,000/ac and is a value that is
within the upper range of a value that is between the highest and lowest amounts. In
addition we are reimbursing the land owner the sum of $20,329.00 for the construction
of an irrigation siphon pipe that will be under our new roadway to enable the landowner
to irrigate the land on the other side of the new road. This value for the siphon was from
an estimate prepared by Quality Well and Pump and the amount is fair for this type of
work.
In addition, we are reimbursing the landowner $2750.00 for a utility easement to
relocate an existing DCP Midstream pipeline that is currently in a private easement but
will be under our new road. We are paying DCP to relocate this line away from our road
and this represents the new private easement between Windsor LV and DCP. Total sum
being paid to this willing seller is $126,439.00
MERRILL AND SHIRLEY TREGONING AND JAMES AND MARGARET MATTHEWS, Windsor,
Colorado
We are acquiring 0.36 ac of Right of Way for CDOT and 0.48 ac of Right of Way for Weld
County. We are also acquiring a total of 0.03 acres of Temporary Construction
Easement. We are reimbursing the owner $8,400.00 for the 0.84 acres of right of way
and a total of $300.00 (our minimum amount) for the Temporary Construction
Easements. The original offer was based on an appraisal that was completed for this
project. However, the agreed to amount is $10,000/ac and is a value that is higher than
the appraised amount but is equal in amount to the Windsor LV per acre price. Although
Windsor LV is a larger farm, both farms are equal in type so it seemed appropriate to
offer the same amount. Total sum being paid to this willing seller is $8,700.00
MATTHEW AND MELANIE BRIER, Windsor, Colorado
We are acquiring 0.69 ac of Right of Way for CDOT and 0.19 ac of Right of Way for Weld
County. We are also acquiring a total of 0.22 acres of Temporary Construction Easement
in two separate parcels. We are reimbursing the owner $9,680.00 for the 0.88 acres of
right of way and a total of $300.00 (our minimum amount) for the Temporary
Construction Easements. The land value was based on two appraisal reports completed
for this project. The appraised amount is $11,000/ac and that amount was reviewed and
approved by CDOT, In addition we are reimbursing the land owner the sum of
$36,836.00 for the cost of replacing 1972 If of fence, 1960 If of concrete lined irrigation
ditch, an irrigation culvert and the value of 25 trees. Total sum being paid to this willing
seller is $46,816.00
Total of Above ROW - $184,183
C1
C
a
3
O
v
a
cn
U
to
a
(VI')
0
E
x
as
8
N
O
• U,
cr
v
m
L
N
I
8
IIWY 32
st
MEMORANDUM
TO: Clerk to the Board DATE: May 31, 2013
FROM: Jackie Hernandez -Barrow, Public Works Department
SUBJECT: BOCC Consent Agenda
Easement Deed of Dedication and Acceptance with Joel M. Hand and Amber R. Hand for the
WCR 23/SH 392 Safety Improvement and WCR 23 Realignment Project in the amount of $500.
One original is attached.
M \Francie\AGENDA memos\AgendaLeon-I docx
—per
Ao/3-1195
EG oot,P
EASEMENT DEED OF DEDICATION
a
THIS DEED, made this 0f1 day of J11,1 e , 2013, between Joel Hand and Amber Hand,
"Grantor" whose legal address is 32810 Weld County Road 23, Windsor, Colorado, 80550, 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:
Pursuant to an Agreement Dated May 15, 2013, Grantor, for and inconsideration of the sum
of Five Hundred Dollars and no/100 ($500.00) the receipt and sufficiency of which is hereby
acknowledged, do hereby dedicate and convey forever unto Grantee and Grantees' heirs, successors,
assigns, and personal representatives, free and clear of all liens and encumbrances and warrants title
to a perpetual Easement, (hereinafter referred to as the "Easement"), over and across Grantor's real
property in Weld County, Colorado, known as 32810 Weld County Road 23, Windsor, Colorado.
The exact location of the Easement is more particularly described on Exhibit A, (legal description)
which is attached hereto and by this reference incorporated herein and made a part hereof.
Grantees, at Grantees' expense, have constructed, and shall have the right to operate, use,
maintain, and repair the slope within the easement and shall have reasonable access thereto.
The Easement shall be an easement appurtenant to Grantees' Public Road Right -of -Way, and
shall inure to the benefit of Grantees' heirs, successors, assigns, and personal representatives, subject
to the conditions set forth herein.
All costs associated with the Easement, including surveying, construction, repair,
maintenance, and snow removal, shall be borne by Grantees.
Grantees' use of the Easement shall be exclusive, and Grantor and Grantor's heirs,
successors, assigns, personal representatives, guests, and invitees shall have an equal right to the use
of the surface area of the Easement, without interference with Grantees' use thereof, and subject to
the proviso that any increased costs of repair and maintenance caused by such use shall be borne by
the party using the Easement.
The mineral estate under said property, including oil, gas and any and all water rights
currently attached to or associated with the Easement are hereby specifically reserved unto Grantors,
except as required to sustain the integrity of the Easement.
Easement Deed of Dedication Page 1
3940587 Pages: 1 of 6
06/17/2013 11:22 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
VIII I��i�l4�i� l«�;1� 6'I�kM;�: !'aY FI�J'lihs�«ti' Yi4h �I III
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 dedication of property as a Public
Highway (Public Right -of -Way), pursuant to Colorado Revised Statute 43-2-201(1)(a).
a
Dated this /& day of e- , 2013.
BOARD OF COUNTY COMMISSIONERS
WELD coWit, TY, COLORADO
ATTEST:
Garcia,
Weld County Clerk to the
BY.
Deputy Cleto the Board
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
JUN 1 0 2013
The foregoing instrument was acknowledged before me this /7/ ay of Je4e,
2013, by William F. Garcia, Chair, Board of County Commissioners of the County of Weld.
Witness my hand and official seal.
My commission expires:
Ms bp(v
TAMMY LEE WATERS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124078542
MY COMMISSION EXPIRES DECEMBER 5, 20161
Easement Deed of Dedication Page 3
3940587 Pages: 2 of 6
06/17/2013 11:22 RM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
1111 Karl Uri Pc KIM HYMN iFirU i II III
0?O -/175
IN WITNESS WHEREOF, Grantor and Grantees have executed this Easement Deed and
Agreement this 3O day of 04 , 2013.
5 (3
Date
STATE OF COLORADO )
ss.
COUNTY OF WELD )
Date
The foregoing instrument was acknowledged before me this 3 0 day of liict
2013, by Joel Hand and Amber Hand , Owners.
Witness my hand and official seal.
Notary Public
My commission expires: 5//oGjti
Easement Deed of Dedication
3940587 Pages: 3 of 6
06/17//2013 11:22.RM1 RLYFee1:$0.00Steve l.I1■-�Y L
,III �(�Jr N llr j;4 11 �111 �111���"I ■III��I � II III
Page 2
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Permanent Easement Number: PE -2
FROM
Joel M. Hand and Amber R. Hand
32810 WCR 23
Windsor, CO 80550
FOR
Project Code: SA 18121
Project Number: STU C030-043
Location: SH 392 @ CR 23 Safety Improvement
And CR 23 realignment
1 of 3
3940587 Pages: 4 of 6
06/17/2013 11:22 An R Fee:$0.00
Steve Moreno, ir
Clerk and Recorder, Weld County, CO
■III M��1N�at rJhiOP�l L+9?h+�N I��yF��irh �I III
EXHIBIT "A"
PROJECT CODE: SA 18121
PROJECT NUMBER: STU C030-043
PERMANENT EASEMENT NUMBER: PE -2
DATE: Oct. 12, 2012
LEGAL DESCRIPTION
A Permanent Easement No. PE -2 of Weld County, and being part of the Department of Transportation, State of
Colorado, Project Code SA 18121, Project Number STU C030-043, containing 0.09 acres, more or less, in Lot A of
Recorded Exemption No- 0807 -23 -1 -RE 3468 in the Northeast One -Quarter of Section 23, Township 6 North,
Range 67 West of the 66 Principal Meridian, Weld County, Colorado, said parcel being more particularly described
as follows:
COMMENCING at the Northeast corner of Section 23, Township 6 North, Range 67 West;
Thence North 89°47'10" West along the north line of said Northeast One -Quarter a distance of 1289.67 feet;
Thence South 00°12'50" West a distance of 31.97 feet to a point which intersects the existing southerly right-of-
way line of Colorado State Highway 392 and easterly right-of-way line of Weld County Road 23;
Thence South 00°37'12" East along said easterly right-of-way line a distance of 712A2 feet and being the TRUE
POINT OF BEGINNING;
1. Thence North 89'22'48" East a distance of 7.03 feet to a point of a non -tangent curve to the left;
2. Thence 6.59 feet along the arc of said curve whose radius is 168.32 feet, central angle is
02°14'31" and whose chord bears South 27°24'00" East a distance of 6.59 feet;
3. Thence South 00°37'12" East a distance of 375.70 feet;
4. Thence South 89°22'48" West a distance of 10.00 feet to a point on said existing easterly right-of-way
line;
5. Thence North 00°37'12" West a distance of 381.58 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 3,806.63 sf. or 0.09 ac. more or less.
Basis of Bearings: All bearings are based on a grid bearing of the north line of said Northeast One -Quarter as
bearing North 89°47'10" West a distance of 2616.22 feet from the Northeast corner to the North One -Quarter
corner of Section 23, Township 6 North, Range 67 West and described as shown.
For and on behalf of Weld County
Leon W. Sievers, PLS 23520
(970) 304-6496
Weld County Public Works Dept.
1111 H Street
Greeley, CO 80632
2 of 3
3940587 Pages: 5 of 6
06/17/2013 11:22 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
�III!!!r1NVAP+r D l h;FUtiG+�+µl�I�K+I'i��Kif WI 11111
EXHIBIT -A
NE I/4 S23-16N-Rb7W
���%_ _ N89'47'1O"W 2616.22'
.i_v H Jl �� ` - - BASIS OF BEARINGS -
N 1/4 COR. S23-T6N-R67W
2-1/2" ALUM. PIPE STAMPED
LS#20685 IN MON. BOX
P.O.B.
SHIRLEY.E- TREGONING LIVING TRUST
MERRILL E. TREGONING
MARGARET M. _iiATI'I- EWS
JAMES W. MATTHE WS
LOT B/RE-1O31
LINE TABLE
Li
SOO'12'50"W
31.97'
L2
S00'37'12"E
712.42'
'NB TT1/<
ti -T'5? -R 7 -T
EXISTING R.O.W.
RD.BK-3/PG-59
JAN. 26, 1882
NOTE: THIS EXHIBIT MAP DOES NOT
REPRESENT A MONUMENTED LAND
SURVEY OR LAND SURVEY PLAT.
IT 1S INTENDED TO ILLUSTRATE THE
ATTACHED PROPERTY DESCRIPTION
ONLY.
PERMANENT
EASEMENT
JOEL & AMBER HAND
32810 WCR23
u/INncf1 rnl.nRdnn
3940587 Pages: 6 of 6
06/17/2013 11:22 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
If)
CO
CO
1289.67'
P.O.C
NE COR. S23-T6N-R67W
N89°22'48"E 3-1/4" AL!N. CAP STAMPED
7.03' LS#33642 IN MON. BOX
L=6.59'
R=168.32
,6=02°14'31" MATTHEW W. BRIER
C=6.59' MELANIE L. BRIER
CB=S27°24'00"E LOT B/RE-3468
10'
PE -2
AMBER R. HAND
JOEL M. HAND
PARC.#080723100054
RECP.#3305900
LOT A/RE-3468
PERMANENT
EASEMENT
3,806.63 sf.
.„.•(<-53% rQ
.i..
u.0:
23520 7
17,
SIB 1/4
n. Y
S89'22'48"W
10.00'
\\\ REG,,,te
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 23 REALIGNMENT
AT
S.H. 392 & WCR 23
COOT PROJECT NO#: STU C030.043
CDOT PROJECT CODE: SA 18I21
DATE:
10-12-12
DRAWN BY:
JHB
SCALE:
1"=60'
11111 �.rIVLG��t'1 'lf k��I�h�rLI��1R �� lh'.�'' 4rh 11111
Hello