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Home My WebLink About20132963.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN - HOWARD SHAKLEE IRREVOCABLE TRUST 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 the Purchase of Public Road Right -of -Way and Temporary Construction Easement for Certain Improvements to County Road 49, 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 Howard Shaklee Irrevocable Trust, c/o Co -Trustees Shirley Howard, 27249 County Road 49.5, Greeley, Colorado 80631; Jonathan Birdette Howard, 6018 Chapel Falls Lane, Fulshear, Texas 77441; and Jennifer Mary Christine Howard, Moscow, 107014, Russia, 10, Ulitsa Gastello, Apartment 51, commencing October 1, 2013, and ending on October 1, 2014, or upon 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 the Purchase of Public Road Right -of -Way and Temporary Construction Easement for Certain Improvements to County Road 49, 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 Howard Shaklee Irrevocable Trust, c/o Co -Trustees Shirley Howard, Jonathan Birdette Howard, and Jennifer Mary Christine Howard, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. C°Co AGI,(Lee,i 7aale) i io- 07o7y 2013-2963 EG0068 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - HOWARD SHAKLEE IRREVOCABLE TRUST PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of October, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COQ , COLORADO ATTEST: Weld County Clerk to the Board BY: AP SL Barbara Kirkmeyer m Ga a, Chair Radema her, Pro -Tern i P. Conway Mike Freeman orney EXCUSED Date of signature: /n/ 2013-2963 EG0068 MEMORANDUM TO: Clerk to the Board DATE: October 16, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement for the Purchase of Public Road Right -of -Way and Temporary Construction Easement for Certain Improvements to WCR 49 with Shirley Howard dated September 24, 2013. One original agreement is attached. NI \Fnncic\AGENDA memos\ AgendaLeon-4.docx PvJ, atitiouti 2013-2963 • AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN SHIRLEY HOWARD AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of ,ig, 2013, by and between Shirley Howard, a/k/a Shirley June Howard whose address is 27249 R 49'/2, Greeley, Colorado 80631, as Holder of a Life Estate Interest, and Jonathan Birdette Howard whose legal address is 6018 Chapel Falls Lane, Fulshear, Texas 77441 and Jennifer Mary Christine Howard, whose legal address is Moscow, 107014, Russia, 10, Ulitsa Gastello, Apartment 51, Co -Trustees of the Howard Shaklee Irrevocable Trust, as holder of all Remainder Interests, collectively 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 "Public Road Right -of -Way"), and WHEREAS, Owner owns real property described as Temporary Easement #2 inthe attached Exhibit "C" (hereinafter referred to as "Temporary Construction Easement", and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49, which will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement Project"), and WHEREAS, County requires said Public Road Right -of -Way in order to complete said Road Improvement Project, and WHEREAS, County will need said Temporary Construction Easement #2 in order to reconstruct an existing driveway, which is required in conjunction with the 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 Public Road Right -of -Way 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 Fifteen Thousand Eight Hundred and Agmt for Purchase of ROW and Temp Easement -Rimed Possession Before Transfer Page 1 3988303 Pages: 1 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO elll wriiraiiilii,9oh+1RIia4i+iilo nikivi a k"l' I" 11111 d - - da�� f‘.:„, no/100 Dollars, ($ 15,800.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration for said Public Road Right -of - Way. 2. County acknowledges and agrees that its construction of the Public Road Right -of - Way will result in the destruction of eighteen (18) trees of various size and condition and thus Owner is entitled to compensation of the sum of Seventeen Hundred Thirty and no/100 Dollars, ($1,730.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration for the destruction of said trees. 3. Owner agrees to sell and County agrees to purchase the Temporary Easement #2 shown and/or described on Exhibit "C" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Hundred Ninety and no/100 Dollars, ($390.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration for said Temporary Easement #2. 4 Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right -of -Way to County by Deed of Dedication, in the form attached hereto as Exhibit "D", free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. This Temporary Construction Easement shall commence on October 1, 2013, and shall expire and be of no further force or effect on October 1, 2014, or upon the completion of the Road Improvement Project, whichever is earlier. 8. Owner shall not, during the term of this Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described as Temporary Easement #2 in Exhibit "C" which may interfere with County's full enjoyment of the rights hereunder; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 9. Owner shall retain the mineral estate under the Public Road Public Road Right -of - Way and the Temporary Construction Easement interests, and shall also retain any water rights currently attached to or associated with the Public Right -of -Way and Temporary Construction Easement. Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 2 3988303 Pages: 2 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO B III 10. Owner shall deliver the fully executed Deed of Dedication, in the form attached hereto as Exhibit "D", for the Public Road Right -of -Way to County at the date of the transfer of title which shall be no later than thirty (30) days following the County's execution of this Agreement. 11. Owner shall pay any encumbrance associated with the Public Road Right -of -Way and the Temporary Construction 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 the transfer of title, when Owner delivers the 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 Public Road Right -of -Way and/or Temporary Construction 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 Public Road Riglht-of-Way and/or Temporary Easement. 2. County shall pay all fees associated with recording this Agreement and/or the Deed of Dedication. 3. County shall promptly pay Owner for the Public Road Right -of -Way and Temporary Construction Easement by County warrants but not later than within forty-five (45) days of County's receipt of executed originals of this Agreement, W-9 form of Owner receiving payment and the Deed of Dedication attached hereto as Exhibit "D". 4. My payment due hereunder may be made direct to Owner or any one of them. 5. As a condition of Owner's grant of this Temporary Construction Easement, County covenants and agrees to restore the property described as Temporary Easement #2 in Exhibit "C" to a level comparable to its original condition and during the term of this Temporary Construction Easement, County covenants and agrees to not block access to Owner's two residential rental properties at 24081 Hwy. 34, Greeley, CO 80631 and 24095 Hwy. 34, Greeley, CO 80631. 6. As a condition of Owner's agreement to deliver the fully executed Deed of Dedication, in the form attached hereto as Exhibit "D", County covenants and agrees to design, construct and extend, at County's sole cost and expense, an existing reinforced concrete pipeline (hereinafter "RCP") currently located under the intersection of State Highway 34 and Weld County Road 49 at a diagonal from the Southwest corner thereof to the Northeast corner thereof and which RCP delivers irrigation water from the Lower Latham Ditch to Owner's farm in the South One-half of the South West One Quarter of Section 18, Township 5 North, Range 64 West of Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 3 3988303 Pages: 3 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, Co illIccdEfiN Willi BIM the 6th P.m., Weld County, Colorado, Construction of this extension of the RCP shall be commenced on or after November 15, 2013 and shall be completed no later than April 1, 2013. This extension of the RCP shall be located as close as practicable to that RCP depicted in Exhibit "E", attached hereto and incorporated herein, shall be constructed of the same material, construction standards and dimensions as the existing RCP, without any reduction in the water carriage capacity of the existing RCP, in as direct alignment as practically possible, without unnecessary bends, turns or coupling, shall continue to a point upon the Owner's real property that is outside the Public Road Right -of -Way and include a concrete box discharge structure suitable for connection to a relocated earthen irrigation ditch. MISCELLANEOUS: 1. It is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees and all others deemed necessary by County, shall have the irrevocable right to possess and use said Public Road Right -of -Way and the Temporary Construction Easement for the purposes of constructing the Road Improvement Project and for its daily operation and access, subject to all terms and conditions o£ These conveyances shall be limited to construction, operation, access, repair and maintenance of said Road Improvement Project, and shall not include any rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon any of Owner's real property other than such Public Road Right -of -Way and Temporary Construction Easement. 2. This Agreement and the transfers of the Public Road Right -of -Way and Temporary Construction 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. 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. 4. 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. 5. 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 Agent for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 4 3988303 Pages: 4 of 20 01/07/2014 10:28 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO E11III 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. 6. 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. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 8. This Agreement may be executed in counterparts, each of which taken together shall constitute an Original Agreement. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Shirley Howard a/k/a Shirley June Howard Holder of a Life Estate Interest, Owner ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board Jonathan Birdette Howard, Co -Trustee The Howard Shaklee Irrevocable Trust, Holder of all Remainder Interests, Owner Jennifer Mary Christine Howard, Co -Trustee The Howard Shaklee Irrevocable Trust, Holder of all Remainder Interests, Owner BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO William F. Garcia, Chair Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 5 3988303 Pages: 5 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �IIIRIr1ION I!f{?II; ill till 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. 6. 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. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 8. This Agreement maybe executed in counterparts, each of which taken together shall constitute an Original Agreement. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Shirley Howard a/k/a Shirley June Howard Holder of a Life Estate Interest, Owner ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board Jonathan Birdette Howard, Co -Trustee The Howard Shaklee I evocable Trust, Holder o Remaind r Interests, Owner Jerdlifer Mary Christin'FHoward, Co -Trustee The Howard Shaklee Irrevocable Trust, Holder of all Remainder Interests, Owner BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO William F. Garcia, Chair Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 5 3988303 Pages: 6 of' 20 01/07/2014 10:28 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III Prdli '4li,dr'M �1' I�F�' P'�Zk4��h'��Lf�1V.tiG lu' yrl� h till 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. 6. 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. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 8. This Agreement may be executed in counterparts, each of which taken together shall constitute an Original Agreement. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Shirley Howard a/k/a Shirley June Howard Holder of a Life Estate Interest, Owner ATTEST: Weld County Clerk to the Board BY. Deputy Clerk Yo the Board Jonathan Birdette Howard, Co -Trustee The Howard Shaklee Irrevocable Trust, Holder of all Remainder Interests, Owner Jennifer Mary Christine Howard, Co -Trustee The Howard Shaklee Irrevocable Trust, Holder of all Re/nAin4er Interests, Owner BOARD OF COUNTY COMMISSIONERS WELD COJ, 'Y, COLORADO William F. Garcia, Chair OCT 2 1 2013 Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 5 3988303 Pages: 7 of 20 01/07/2014 10:28 AM R Fee:80.00 Steve Moreno, Clerk and Recorder, Weld County, CO U111�!P1ti"�I��h��Ir4� Fe19ha�hivi?ta lid ®I III 0;212S- 6294_9 EXHIBIT -A SW I/4 S18-T5N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 70.00 FEET OF LOT B OF RECORDED EXEMPTION NO. 0963-18-3 RE -4717 AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3570773. SAID PARCEL CONTAINS 67,845.00 sf. OR 1.56 at. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 3988303 Pages: 8 of 20 01/07/2014 10:28 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III RIVEN I:11.0icri *IYl"NH 3983 70 Pa s: of 8 12/ 201 0:2 M ee:$ 0 Ste a ore o, Cle k nd Rec der, W Id CoL �� Fd' . !h: ty C Yl'rii"IIII RIGHT OF WAY ACQUISITION SHIRLEY HOWARD LOT B/RE-4717 WELD COUNTY, COLORADO 861i� - C UNITY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 1-14-13 DRAWN BY: JHB SHEET: 1 of EXHIBIT -A SW I/4 SI8-T5N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF SUBDIVISION EXEMPTION NO. 1121 (SE -1121) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3570772 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTH HALF OF THE SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'20'37" WEST A DISTANCE OF 1320.93 FEET TO THE SOUTH ONE -SIXTEENTH CORNER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'20'37" WEST ALONG THE WEST LINE OF THE SOUTH HALF OF THE SOUTHWEST ONE -QUARTER TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY 34 A DISTANCE OF 120.00 FEET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING NORTH 00'20'37" WEST ALONG SAID WEST LINE TO A POINT ON THE EXISTING NORTHERLY LINE OF SE -1121 A DISTANCE OF 231.73 FEET; THENCE NORTH 8910'42" EAST ALONG SAID NORTH LINE A DISTANCE OF 70.00 FEET; THENCE SOUTH 00'20'37" EAST A DISTANCE OF 186.75 FEET; THENCE SOUTH 45'35'08" EAST TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 34 A DISTANCE OF 63.35 FEET; THENCE SOUTH 8910'42" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 115.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 17,232.32 sf. OR 0.40 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 3983: 12/1 / Stev- M 0 Pages: 7 of 8 013 22 AM Fee:$' rend. Cl-rk an. R=corder, MISu:II, .V'VI; 00 d Co n C 3988303 Pages: 9 of 20 01/07/2014 10:25 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■�� M��R'r�G'�r�'�� lIYJ��6CZIa K+iUP hhil��I� h ■IIII RIGHT OF WAY ACQUISITION SHIRLEY HOWARD SUBDIVISION EXEMPTION -1121 WELD COUNTY, COLORADO _COUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 1-14-13 DRAWN BY: JHB SHEET: 2 of 3 • EXHIBIT -A SW I/4 SI8-15N-R64W HOP S% - SE 1/4 513-T5N-565W U) Fe 0 m it 0 cV 0 0 Z P.O.C. SW CORNER S18-T5N-R64W FND 3 1/4" ALUM. CAP STAMPED COOT LS#17508 1992 IN MON. BOX EXISTING COOT R.O.W. BK-1305 RECP.#2257398 JUL. 25, 1991 RIGHT OF WAY ACQUISITION S 1/16 CORNER S18-T5N-R64W FND 3 1/4" ALUM. CAP STAMP LS#22098 - 2005 N89 08'43"E NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 70.00' S - SET' 1.'4 S18 -73N -R6411, RIGHT—OF—WAY ACQUIRED IN LOT B/RE-4717 67,845.00 sf. OR 1.56 ac. -X70.00' N89'10'42"E LINE TABLE LINE BEARING DISTANCE L1 N00'20'37"W 120.00' L2 NO0'20'37"W 231.73' L3 N8910' 42"E 70.00' L4 S00'20'37"E 186.75' L5 S45'35'08"E 63.35' L6 S89'10'42"W 115.00' SHIRLEY HOWARD RECP.# 1535836 LOT B/RE-4717 RECP.# 3570773 L3 RIGHT-OF-WAY ACQUIRED IN SE -1121 17,232.32 sf. OR 0.40 ac. SHIRLEY HOWARD Q� RECP# 1535836 SHIRLEY HOWARD WELD COUNTY, COLORADO P.O.B. 39: 870 ges: : of 8 1 / 3/ 13 1'x:2AM . 'ee:$0 !0 S e e Mr -no, le k and -ecder, eld Co SE -1121 RECP.# 3570772 US RJ Y 34 HOWARD LOT A/RE-4717 S 1/4 CORNER S18- T5N-f264W FND 3 1/4" ALUM. CAP STAMPED COOT LS#17508 1992 IN MON. BOX EXISTING R.O.W. (COOT) - BK-1395/RECP.#2344083 FEB. 8, 1993 r�fV89'1042''E 2517.57____ .,COUNTY `G !I. nnTG. 1_14_11 kip WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: 1"—.200 AWN PY• IIIRICHFFT• � nfl 3988303 Pages: 10 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO III ■III ��L� iV��°I ��Il rf'� k ��E'� 31YPIACI ■f II �I d - LIP �I Il «r� �k1 EXHIBIT "B" There is no Exhibit "B" to this Agreement for Purchase of Public Road Right of Way and Temporary Easement 3988303 Pages: 11 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 111 'Orrin l�'tv�JYlttl��'i;�Y4� �IIII EXHIBIT -C SW 1/4 SI8-T5N-R64W PROPERTY DESCRIPTION PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 10.00 FEET OF THE WEST 80.00 FEET OF LOT B OF RECORDED EXEMPTION NO. 0963-18-3 RE -4717 AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3570773. SAID PARCEL CONTAINS 9,692.37 sf. OR 0.22 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 3988303 Pages: 12 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO •111 I��.r1�1�1�ti� ��5 � f�� ':�I Ii� iu#AIL' �J'M t�tiI ,III 1 TEMPORARY EASEMENT SHIRLEY HOWARD LOT B/RE-4717 WELD COUNTY, COLORADO 1861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 2-15-13 DRAWN BY: JHB SHEET: 1 of 4 EXHIBIT -C SW 14 S18-T5N-R64W PROPERTY DESCRIPTION TEMPORARY EASEMENT #1 PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF SUBDIVISION EXEMPTION NO. 1121 (SE -1121) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3570772 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTH HALF OF THE SOUTHWEST ONE -QUARTER AS BEARING NORTH 0020'37" WEST A DISTANCE OF 1320.93 FEET TO THE SOUTH ONE -SIXTEENTH CORNER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'20'37" WEST ALONG THE WEST LINE OF THE SOUTH HALF OF THE SOUTHWEST ONE -QUARTER TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 A DISTANCE OF 120.00 FEET; THENCE NORTH 8910'42" EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 115.00 FEET AND BEING THE POINT OF BEGINNING. THENCE NORTH 45'35'08" WEST A DISTANCE OF 63.35 FEET; THENCE NORTH 00'20'37" WEST TO A POINT ON THE EXISTING NORTHERLY LINE OF SE -1121 A DISTANCE OF 186.75 FEET; THENCE NORTH 89'10'42" EAST ALONG SAID NORTH UNE A DISTANCE OF 10.00 FEET; THENCE SOUTH 0020'37" EAST A DISTANCE OF 182.67 FEET; THENCE SOUTH 45'35'08" EAST TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY UNE OF COLORADO STATE HIGHWAY 34 A DISTANCE OF 69.10 FEET; THENCE SOUTH 89'10'42" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 14.08 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2,509.32 sf. OR 0.06 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 3988303 Pages: 13 of 20 01/07/2014 10:28 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO TEMPORARY EASEMENT SHIRLEY HOWARD SUBDIVISION EXEMPTION -I 121 WELD COUNTY, COLORADO U� �1 � GVD��NTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 2-15-13 DRAWN BY: JHB SHEET: 2 of 4 EXHIBIT -C SW I/4 S18-T5N-R64W PROPERTY DESCRIPTION TEMPORARY EASEMENT #2 PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHWEST ONE -QUARTER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF SUBDIVISION EXEMPTION NO. 1121 (SE -1121) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3570772 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 64 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTH HALF OF THE SOUTHWEST ONE -QUARTER AS BEARING NORTH 00'20'37" WEST A DISTANCE OF 1320.93 FEET TO THE SOUTH ONE -SIXTEENTH CORNER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'10'42" EAST ALONG THE SOUTHERLY LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 18 A DISTANCE OF 377.24 FEET; THENCE NORTH 00'49'18" WEST TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 A DISTANCE OF 120.00 FEET AND BEING THE POINT QF BEGINNING. THENCE NORTH 06'49'01" WEST A DISTANCE OF 102.47 FEET; THENCE NORTH 83'10'59" EAST A DISTANCE OF 35.00 FEET; THENCE SOUTH 06'49'01" EAST TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 106.14 FEET; THENCE SOUTH 89'10'42" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 35.19 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,650.68 sf. OR 0.08 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 3988303 Pages: 14 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno, Cle-k and Recorder, :e1d Coo-ty, CO TEMPORARY EASEMENT SHIRLEY HOWARD SUBDIVISION EXEMPTION -I 121 WELD COUNTY, COLORADO uL`1 coN T Y il WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 2-15-13 DRAWN BY: JHB SHEET: 3 of4 N00'20'37"W 1320.93' EXHIBIT -C SW I/4 S18-T5N-R64W 1-1 OP S 1/16 CORNER S18-T5N-R64W FND 3 1/4" ALUM. CAP STAMP LS#22098 - 2005 N89'08' 43"E NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND HOP SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. 5 - SE 1,4 x;13- T5;1:.1<0 511' HOSIIKO FARMS P.Q.C. SW CORNER S18-T5N-R64W END 3 1/4" ALUM. CAP STAMPED CDOT LS#17508 1992 IN MON. BOX EXISTING COOT R.O.W. BK-13O5 RECP.#2257398 JUL. 25, 1991 1iJ Ye. IIWY 34 L5 co J SHIRLEY HOWARD RECP.# 1535836 SE -1121 RECP.# 3570772 10' TEMPORARY EASEMENT ACQUIRED IN LOT B/RE-4717 9,692.37 sf. OR 0.22 ac. SHIRLEY HOWARD RECP.# 1535836 LOT B/RE-4717 RECP# 3570773 LINE TABLE LINE BEARING DISTANCE L1 N00'20'37"W 120.00' L2 N89"10'42"E 115.00' L3 N45'35'08"W 63.35' L4 NO0'20'37"W 186.75' L5 N8910'42"E 10.00' L6 SO0'20'37"E 182.67' L7 545"35'08"E 69.10' L8 S89'10'42"W 14.08' L9 NOO'49'18"W 120.00' 10' TEMPORARY EASEMENT #1 ACQUIRED IN SE -1121 2,509.32 sf. OR 0.06 ac. L8 P.O.B. P.O.B. TE#1 TE#2 377_24_ TEMPORARY EASEMENT SHIRLEY HOWARD WELD COUNTY, COLORADO Y- ,.7.- 8-T5N-R6411' -R41f. S89'10'42"W DETAIL-NTS TEMPORARY EASEMENT -#2 TEMPORARY EASEMENT #2 ACQUIRED IN SE -1121 3,650.68 sf. OR 0.08 ac. HOWARD LOT A/RE---4717 EXISTING R.O.W. (CDOT) BK-1395/RECP.#2344O83 FEB. 8, 1993 - N89'1O'42"E 2517.57'- _ _ GoUNTY S 1/4 CORNER S18-T5N-R64W FND 3 1/4" ALUM. CAP STAMPED CDOT LS#17508 1992 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: 1 ""'200 DATE: 2-15-13 DRAWN BY: JHBISHEET: 4of4 3988303 Pages: 15 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO liii IFJIIla 'il II MEMORANDUM TO: Clerk to the Board DATE: December 2, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Consent Agenda RE: Doc # 2013-2963 Deed of Dedication for Public Highway on WCR 49 with Shirley Howard. M'.1Francie,AGENDA memoslAgendaLeon-l.docx ,2-9-13 k 620/3_02(Po3 t�ooeo8i DEED OF DEDICATION FOR PUBLIC HIGHWAY THIS DEED, made this day of , 2013, between Shirley Howard, a/k/a Shirley June Howard whose address is 27249 CR 49' , Greeley, Colorado 80631, as Holder of a Life Estate Interest, and Jonathan Birdette Howard and Jennifer Mary Christine Howard, Co -Trustees of the Howard Shaklee Irrevocable Trust, as holder of all Remainder Interests, ("Grantors") whose legal address is 27249 CR 49%, Greeley, Colorado 80631, and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, ("Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantors, for and inconsideration of the sum of Ten Dollars and no/100 $10 the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2-201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Highway, free and clear of all liens and encumbrances and warrants title to that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and shown if the attached Exhibit "A" EXCEPTING existing easements of record, and RESERVING unto Grantors the mineral estate under said property, including oil, gas and any and all water rights currently attached or associated with said property, except as required to sustain the integrity of the Public Highway. Shirley Howard, a/k/a Shirley June Howard Holde of a Life Es • to Interest, Grantor STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Date: ea, A e� ,�� P 13 ACKNOWLEDGEMENT Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Shirley Howard, a/k/a Shirley June Howard, known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me that she has executed the same as her free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this C0MrfMrSSloty. EXPIRES My commission expires: JANUARY III 2014 398 12/ Ste ®II Notary Public EXHIBIT "D" 870 /201 More Page 1 of 3 Pag 0:22 lerk M nd 2013. 4/91ith 3988303 Pages: 16 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III f:,4,trf:tirth'b7,16I{,Yllih Ill 111 2 of R Fe= :$a.00 • ecor+er, eld oun. 0 I v3- a949 I 'I �dNh� STATE OF TEXAS COUNTY OF k -{a C rl S The Howard Shaklee Irrevocable Trust, Holder of all Remainde terests, by Jona]iaa,- %dette Ho rd, Co -Trustee, Grantor Date: 7 aczalsest- tot 5 ACKNOWLEDGEMENT SS. Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Jonathan Birdette Howard known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me that he has executed the same as his free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this I day of 5 Notar Public The Howard Shaklee Irrevocable Trust, Holder of all Remainder Interests, by Jennifer Mary Christine Howard, Co -Trustee, Grantor Date: ACKNOWLEDGEMENT RUSSIAN FEDERATION ) ) ss. CITY OF MOSCOW 2013. Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Jennifer Mary Christine Howard known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me that she has executed the same as her free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , 2013. My commission expires: 3983870 P 1 13/201+ 0: St-ve or o, CI- k es: AM and II of 8 ee:$ ecirder ILI 0 We d Co mt CO 1■ I i I I, I Notary Public Page 2 of 3 3988303 Pages: 17 of 20 01/07/2014 10:28 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III kird1110,11XliitiliiitI '6ICJi,1401ti11h41:110, ®I III The Howard Shaklee Irrevocable Trust, Holder of all Remainder Interests, by Jonathan Birdette Howard, Co -Trustee, Grantor Date: ACKNOWLEDGEMENT STATE OF TEXAS ) ss. COUNTY OF Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Jonathan Birdette Howard known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me that he has executed the same as his free and voluntary act and deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of , 2013. My commission expires: Notary Public The Howard Shaklee Irrevocable Trust, Holder of all emainder Interests, by Jennifer %/Ia y4Ch r sjtine Howard, Co -Trustee, Grantor \\i/ RUSSIAN FEDERATION ) ) ss. CITY OF MOSCOW ) Date: ACKNOWLEDGEMENT 2 3 Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Jennifer Mary Christine Howard known to me to be the same person(s) who executed the within and foregoing instrument, and acknowledged to me that she has executed the same as her free and voluntary act and deed for the purposes and consideration therein expressed. cl Given Under My Hand and Seal of Office, this a day of My commission expires: Commission Indefinite Notary Public Page 2 of 3 3988303 Pages: 18 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III R,�1L'�Al4''IuY�I LI�t� h�l� 14;d IKiiIWCPJ*Ylti4 III III 3983870 Pa -es: 4 of 12/ ' /20 10:2 "h R Fee.$ O, CI='k ad Recor.e Stev IIII Vie,tr-6•evt ,2013. Thomas Benz Vice Consul United States of America �Udlea, v .°a 1. a 0 'a ) N OIC /doscol' 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). do Dated this 9 �x day of ttege/ypf er , 2013. ATTEST: CLERK TO THE BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD BY: /��LZJ/ll,4— Deputy Clerk o theJ-d Board STATE OF COLORADO ) ) ss. COUNTY OF WELD ) OUNTY OF WELD, A BODY "ORATE AND POLITIC OF THE 4011 'iaTE OF COLORADO BY: William F. Garcia, Chair BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD DEC 0 9 2013 The foregoing instrument was acknowledged before me this day of 0 RC 9 c r 201 3, by \,,j ;Lt ja, GarriPAFhair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. My commission expires: it, Z21ZOI7 3988303 Pages: 19 of 20 01/07/2014 10:28 AM R Fee:$0.00 Steve Moreno: Clerk and Recorder, Weld County: CO ■IIIEIrallRPrIL■IIII II ge3of3 SUSAN BROWN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134010751 MY COMMISSION EXPIRES FEBRUARY 22,2017 -c)7/27,3- ov6-3 8 0.40/j y/sia, p % '. r o N -o 0 V z O a n. Shut Number: 341 W W a. o 2 z a - O 0 QZ �g ti a v K a a As Constructed 3F Index of Revisions U G O I)" E 0 C N L c a c U C u a C N O Lost NodNkallan Date: 4 i a p I 1a a 3988303 Pages: 20 of 20 01/07/2014 10:28 R11 R Fee:$0.00 Steve Moreno: Clerk and Recorder, Weld County, CO tri �wr.xi - vat 'u ore +wvoEiw-arKlw\mxd1 ^x}r,rxa'v !a.va e> b7s — eeesiecs:V Jvs Z-XN/13%1 re Hello