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HomeMy WebLinkAbout20133516.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - GREELEY WELD COUNTY AIRPORT AUTHORITY 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 Concerning the Purchase of Public Road Right -of -Way for Certain Improvements to County Road 47 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Greeley Weld County Airport Authority, P.O. Box 727, Greeley, Colorado 80632, with 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 Concerning the Purchase of Public Road Right -of -Way for Certain Improvements to County Road 47 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Greeley Weld County Airport Authority be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Boa BY: ounty Attorney Date of signature: JAN 1 3 2014 am F. Garcia, Chair n nQ °rte , s Rademacher, Pro-Tem can P. Conway erniit ;Leo__ Mike Freeman Barbaraer� / cc;Aid ovvy 2013-3516 EG0068 MEMORANDUM TO: Clerk to the Board DATE: December 17, 2013 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Consent Agenda Agreement for the Purchase of Public Road Right -of -Way and Temporary Construction Easement for Improvements to WCR 47 with Greeley Weld County Airport Authority. M:\Francie\AGENDA memos \AgendaLeon-Ldocx 2013-3516 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 47, BETWEEN THE GREELEY WELD COUNTY AIRPORT AUTHORITY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this j 27-r day of. c\\-)\- \,, , 201 3 , by and between The Greeley Weld County Airport Authority, whose address is P.O. Box 727, Greeley, Colorado 80632, 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 in the attached Exhibit "B" (hereinafter referred to as "Temporary Construction Easement", and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 47, 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 in order to construct a driveway and fence 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 Twelve Thousand, Two Hundred Fifty and no/100 Dollars, ($12,250.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page I Easement shown and/or described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Hundred and no/100 Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3 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. 4. Owner agrees to grant the Public Road Right -of -Way to County by Deed of Dedication, free and clear of all liens and encumbrances, except existing easements. 5. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 6. This Temporary Construction Easement shall commence on May 1, 2014, and shall expire and be of no further force or effect on May 1, 2015, or upon the completion of the Road Improvement Project, whichever is earlier. 7. 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 in Exhibit B 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. 8. 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. 9. Owner shall deliver the fully executed Deed of Dedication 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. 10. 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. Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 2 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 Right -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 pay Owner for the Public Road Right -of -Way and Temporary Construction Easement by County warrants at the date of the transfer of title. 4. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit B to a level comparable to its original condition. MISCELLANEOUS: 1. Although the date of the transfers of the Public Right -of -Way and Temporary Easement shall be the date of the transfer of title, 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, access and maintenance. County shall construct a chain linked fence, matching existing, to be installed along the newly acquired Right -of -Way and maintained by Owner. These conveyances 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 Public Road Right -of -Way and Temporary Construction Easement as may be useful and necessary. 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. 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. Agmt for Purchase of ROW and Temp Easement-Immed Possession Before Transfer Page 3 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. 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. Greeley Weld County Airport Authority By: . tie Title: Na::\rMvs--\ ATTEST: Weld County Clerk to the BY Agmt for Purchase of ROW and Temp Easem C BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO as Rademacher, Chair Pro-tem DEC 232013 Before Transfer Page 4 0;7 q -3.x/4 EXHIBIT -A S2-T5N-R65W PROPERTY DESCRIPTION PARCEL - I A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2099888 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SECTION 2 AS BEARING NORTH 00'29'41" EAST A DISTANCE OF 5036.89 FEET TO THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'29'41" EAST ALONG THE EAST LINE OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST A DISTANCE OF 1794.88 FEET; THENCE NORTH 89'30'19" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE NORTH 10'10'07" WEST A DISTANCE OF 145.83 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 571.36 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3070.00 FEET, CENTRAL ANGLE IS 10'39'48" AND WHOSE CHORD BEARS NORTH 04'50'13" WEST A DISTANCE OF 570.54 FEET; THENCE NORTH 0029'41" EAST TO A POINT ON THE NORTHERLY LINE OF SAID DEED A DISTANCE OF 35.24 FEET; THENCE ALONG SAID NORTHERLY LINE SOUTH 75'08'22" EAST TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 82.58 FEET; THENCE SOUTH 00'29'41" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 726.14 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 39,373.64 sf. OR 0.90 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. ‘\\0I‘ RF LEON W. SIEVERS PLS 23520 . �" rte -1 ��;�c- r 23520 N _ $©�° I1 -7-13i r '/ /%Elie 'it` .N X04 LILA 1\\\\ RIGHT OF WAY ACQUISITION PARCEL - I GREELEY WELD COUNTY AIRPORT AUTHORITY WELD COUNTY, COLORADO i86 GOUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 9-25-13 DRAWN BY: JAB SHEET: 1 of4 EXHIBIT -A SI-T5N-R65W PROPERTY DESCRIPTION PARCEL - II A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2099888 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 1 AS BEARING NORTH 00'29'41" EAST A DISTANCE OF 5036.89 FEET TO THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'29'41" EAST ALONG THE WEST LINE OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST A DISTANCE OF 1560.31 FEET; THENCE SOUTH 89'30'19" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE NORTH 00'29'41" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 945.35 FEET TO A NON -TANGENT POINT OF CURVE TO THE LEFT; THENCE 544.69 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 2930.00 FEET, CENTRAL ANGLE IS 10'39'05" AND WHOSE CHORD BEARS SOUTH 04'50'34" EAST A DISTANCE OF 543.91 FEET; THENCE SOUTH 10'10'07" EAST A DISTANCE OF 274.50 FEET; THENCE SOUTH 62'32'21" EAST TO A POINT ON THE EASTERLY LINE OF SAID DEED A DISTANCE OF 60.02 FEET; THENCE ALONG SAID EASTERLY LINE SOUTH 14'51'38" WEST TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 60.5 A DISTANCE OF 42.93 FEET; THENCE SOUTH 59'58'08" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 137.55 FEET; THENCE CONTINUING ALONG SAID LINE NORTH 79'18'14" WEST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 A DISTANCE OF 26.16 FEET AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 45,196.67 sf. OR 1.04 ac. MORE OR LESS. \\\\J\\\h[a,Pi0tl'. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY ACS �pv1 AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 r } 23520 La /4i III�in o \\\ RIGHT RIGHT OF WAY ACQUISITION PARCEL - II GREELEY WELD COUNTY AIRPORT AUTHORITY WELD COUNTY, COLORADO ?861 couNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 9-25-13 DRAWN BY: JHB SHEET: 2of4 EXHIBIT -A SI-T5N-R65W PROPERTY DESCRIPTION PARCEL - III A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2099888 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 1 AS BEARING NORTH 00'29'41" EAST A DISTANCE OF 5036.89 FEET TO THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'29'41" EAST ALONG THE WEST LINE OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST A DISTANCE OF 1268.59 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING NORTH 00'29'41" EAST ALONG SAID WEST LINE TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 60.5 A DISTANCE OF 161.26 FEET; THENCE NORTH 59'56'46" EAST ALONG SAID RIGHT-OF-WAY LINE TO A POINT ON THE WEST LINE OF LOT -B OF RECORDED EXEMPTION NO. 0961-01-3-RE1251 A DISTANCE OF 169.88 FEET; THENCE SOUTH 14'51'38" WEST ALONG SAID WEST LINE TO A POINT ON THE SOUTH LINE OF SAID LOT -B A DISTANCE OF 256.27 FEET THENCE NORTH 89'03'26" WEST ALONG SAID SOUTH LINE A DISTANCE OF 82.72 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 22,084.62 sf. OR 0.51 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 �� LANq S N 0 23520 ^e/l 1—i 3../& RIGHT OF WAY ACQUISITION PARCEL -III GREELEY WELD COUNTY AIRPORT AUTHORITY WELD COUNTY, COLORADO r �L J COUNTY 1861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 9-25-13 DRAWN BY: JI-IB SHEET: 3 of4 EXHIBIT -A 5182-T5N-R65W e MILE -HI I SECTION CORNER EXISTING 60' ROW NOTE: THIS EXHIBIT MAP DOES RD.BK.2/PG.192I NOT REPRESENT A MONUMENTED e JAN. 23, 1878 LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO S1/52-T5N-R65W i FND 3 1/4" ALUM. CAP STAMPED LS#10855 5036.89' ILLUSTRATE THE ATTACHED 1/4 N00'29'41"E BASIS OF BEARINGS PROPERTY DESCRIPTION ONLY. 52-T5N-R65W TE-°=4 L14y1 / GREELEY-WELD COUNTY AIRPORT AUTHORITY PARCEL -I RECP.# 2099888 RIGHT—OF—WAY ACQUIRED 39,373.64 sf. OR 0.90 ac.f 1.15 ; i I G rn l� d' T i I I I i R SW 1/4 S]-T5N-R65W G.W.C.A.A. N PARCEL -II RIGHT—OF—WAY ACQUIRED 45,196.67 sf. LINE TABLE 0 OR 1.04 ac.± LINE BEARING DISTANCE L1 N00'29'41"E 161.26' L2 N59'56'46"E 169.88' Sc, L3 514'51'38"W 256.27' LDS L4 N89'03'26"W 82.72' CHURCH L5 S89'30'19"E 30.00' L6 N00'29'41"E 945.35' in L7 S10'10'07"E 274.50' -' L8 S62'32'21"E 60.02' L9 S14'51'38"W 42.93' L10 S59'58'08"W 137.55' '"� L11 N79'18'14"W 26.16' _ .� L12 N89'30'19"W 30.00' ( " - L13 N10'10'07"W 145.83' L14 N00'29'41"E 35.24' / O L15 575'08'22"E 82.58' L / L71 L16 S00'29'41"W 726.14' -::::I% j" /(-7-1r"J� i� ''',. I BMARCY LP.O.B LOT B/RE-1251 CURVE TABLE ',,sS/�''',0****V��N PARCEL -III C# LENGTH RADIUS DELTA CHD BRG CHD �h--N'11IILA�77��� V2 RIGHT-OF-WAY Cl 571.36' 3070.00' 10'39'48" N04'50'13"W 570.54' r ACQUIRED C2 544.69' 2930.00' 10'39'05" 504'50'34"E 543.91' / 5 - ' rn 22,084.62 sf. / / N .�60, EXISTING R.O.W. (FORMERLY CDOT) /-��� �' w z N J OR 0.51 ac.± -' J P.O.B. G.W.C.A.A. SEE BK-1156/RECP.#2099888 ' L4 MAY. 15, 1987 / WELD / COUNTY , N /'/ - o P.O.C. SECTION CORNER S1/52-T5N-R65W FND " ALUM. CAP STAMPED 2)POWERS ELV. LS#23501 RIGHT OF WAY ACQUISITION PARCELS I, II & III I 861G WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT GREELEY WELD COUNTY AIRPORT AUTHORITY WELD COUNTY, COLORADO PROJECT NO: SRP-23 SCALE: 1"=200 IU GO U N T Y Ci DATE: 9-25-13 DRAWN BY: JHB SHEET: 4 of4 EXHIBIT -B S2-T5N-R65W PROPERTY DESCRIPTION TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2099888 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SECTION 2 AS BEARING SOUTH 00'29'41" WEST A DISTANCE OF 5036.89 FEET TO THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 00°29'41" WEST ALONG THE EAST LINE OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST A DISTANCE OF 2495.38 FEET; THENCE NORTH 89'30'19" WEST A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 00°29'41" WEST A DISTANCE OF 35.24 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 397.50 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3070.00 FEET, CENTRAL ANGLE IS 07'25'07" AND WHOSE CHORD BEARS SOUTH 0312'52" EAST A DISTANCE OF 397.22 FEET; THENCE SOUTH 79°01'51" WEST A DISTANCE OF 10.02 FEET TO A NON -TANGENT POINT OF CURVE TO THE RIGHT; THENCE 355.25 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3080.00 FEET, CENTRAL ANGLE IS 06'36'31" AND WHOSE CHORD BEARS NORTH 03'37'57" WEST A DISTANCE OF 355.06 FEET; THENCE NORTH 75'24'18" WEST A DISTANCE OF 109.30 FEET; THENCE NORTH 14°36'57" EAST A DISTANCE OF 79.92 FEET; THENCE SOUTH 75'08'22" EAST A DISTANCE OF 99.29 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,241.51 sf. OR 0.28 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WP1�MIP;G6yNT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO.\� LEON W. SIEVERS PLS 23520 \\ceQ°Rf /4,, cn 23520 i it I iAMs\\\\ TEMPORARY EASEMENT GREELEY WELD COUNTY AIRPORT AUTHORITY WELD COUNTY, COLORADO 186?.:fr cou TY JJ WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 9-25-13 DRAWN BY: JHB SHEET: l of2 J EXISTING R.O.W. (FORMERLY CDOT) SEE BK-1156/RECP.#2099888 MAY. 15, 1987 EXHIBIT -B S2-T5N-R65W 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. .ILL -I Ii INV, P.O.C. NE CORNER S2-T5N-R65W FND 3 1/4" ALUM. CAP STAMPED LS#10855 rt' TEMPORARY EASEMENT 12,241.51 sf. OR 0.28 ac.± GREELEY-WELD COUNTY AIRPORT AUTHORITY RECP.# 2099888 LINE TABLE LINE BEARING DISTANCE L1 N89'30'19"W 110.00' L2 SOO'29'41 "W 35.24' L3 S79'01'51"W 10.02' L4 N75'24'18"W 109.30' L5 N14'36'57"E 79.92' L6 575'08'22"E 99.29' CURVE TABLE C# LENGTH RADIUS DELTA CHD BRG CHD C1 397.50' 3070.00' 07'25'07" S03'12'52"E 397.22' C2 355.25' 3080.00' 06'36'31" NO3'37'57"W 355.06' P.O.B. L2 I II Ii EXISTING 60' ROW RD.BK.2/PG.192 JAN. 23, 1878 Su' /.-4 SI-T5;V-R65TV GREELEY WELD COUNTY AIRPORT AUTHORITY 0I} PARC.-Il I , R.O.W. I Vii III 1 I i I I 1f 500'29'41"W 5036.89' I II /pASIS OF BEARINGS I l ----M... . i1-24'30 - '"i 1! I I l l l l \\ , /��-/ WELD COUNTY TEMPORARY EASEMENT GREELEY WELD COUNTY AIRPORT AUTHORITY WELD COUNTY, COLORADO 1861 iY CS' PARC.-li R.O.W. LDS CHURCH MARCY SE CORNER 52-T5N--R65W DID 2Y2" ALUM. CAP STAMPED POWERS ELV. LS#23501 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: 1"=200 DATE: 9-25-13 DRAWN BY: .11-1B SHEET: 2 of 2 MEMORANDUM TO: Clerk to the Board DATE: January 31, 2014 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Consent Agenda Reference: Agreement Doc # 2013-3516 Deed of Dedication for Public Road Right -of -Way with Greeley Weld County Airport Authority for the WCR 49 Extension Project. M:\Francie\AGENDA memos \AKendaleon-l.docx Conser-r oraR, O2 •6•0oti-i Lt —Rand - Pw RP Corded_ ropy_ (9013— 351Lo fie-_-4OOLc DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this l/ day of , 201i, between Greeley Weld County Airport Authority, "Grantor" whose legal address is PO x 727, Greeley, Colorado 80632, 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 Grantor, for and inconsideration of the sum of One Dollar and no/100 ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are 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 Road Right -of -Way, 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 to or associated with said property, except as required to sustain the integrity of the Public Highway. GREELEY WELD COUNTY AIRPORT AUTHORITY Sean Conway, Chairman a STATE OF COLORADO ) ) ss. COUNTY OF WELD ) FEB 0 5 2014 Date The foregoing instrument was acknowledged before me this kiAday of -\-Q.c ru 201)y by Sean Conway, Chairman, Greeley Weld County Airport Authority, Owner. Witness my hand and official seal. My commission expires: 2 — 77 — SUSAN BROWN Win1W O1 11:11 v Deed of Dedication 4201692 Pages: 1 of 6 05/09/2016 01:45 NI R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell M1�1� r tri,I ii'GIONlir tM' Nzh}I Iliad Bill STATE OF COLORADO NOTARY ID 20134010751 MY COMMISSION EXPIRES FEBRUARY 22, 20j Page 1 0013- 35/t0 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). Dated this 5411 day of Fehru&J y , 201' . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ,, // d Weld County Clerk to the Board BY: anPati ivY✓/ De 5'uty Clerk to the Board STATE OF COLORADO ) ) ss COUNTY OF WELD ) cO CIP-Ar Dougla's Rademacher, Chair FEB 0 5 2014 The foregoing instrument was acknowledged before me this5R day of ,V , 201 Li , by Douglas Rademacher, Chair, Board of County Commissioners of the County of Weld. Witness my hand and official seal. My commission expires: LLDZ'ZZ ALM(1M93J S3MIdX3 N0ISSIWW03AW LBL0L04fL0Z 0I ALK0N 00tl»0100 AO 31tl1S wend AUV.LON NM0S9 NVsnS Deed of Dedication Page 2 4201692 Pages: 2 of 6 05/09/2016 01:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ? if 3-35/C0 Ki�f�WYrMAIM Ili Bill EXHIBIT -A S2-T5N-R65W PROPERTY DESCRIPTION PARCEL - I A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2099888 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1 TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF SAID SECTION 2 AS BEARING NORTH 0029'41" EAST A DISTANCE OF 5036.89 FEET TO THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'29'41" EAST ALONG THE EAST LINE OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST A DISTANCE OF 1794.88 FEET; THENCE NORTH 89'30'19" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE NORTH 1090'07" WEST A DISTANCE OF 145.83 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE 571.36 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 3070.00 FEET, CENTRAL ANGLE IS 10'39'48" AND WHOSE CHORD BEARS NORTH 04'50'13" WEST A DISTANCE OF 570.54 FEET; THENCE NORTH 0029'41" EAST TO A POINT ON THE NORTHERLY UNE OF SAID DEED A DISTANCE OF 35.24 FEET; THENCE ALONG SAID NORTHERLY LINE SOUTH 7508'22" EAST TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 82.58 FEET; THENCE SOUTH 00'29'41" WEST ALONG SAID RIGHT—OF—WAY LINE A DISTANCE OF 726.14 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 39,373.64 sf. OR 0.90 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGNFT� N,T r AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. �‘\'� `� PRO" RE LEON W. SIEVERS PLS 23520 U) 23520 t _= •Sz//!//044 I 044 Figs x\\\\\\\ RIGHT OF WAY ACQUISITION PARCEL - I GREELEY WELD COUNTY AIRPORT AUTHORITY WELD COUNTY, COLORADO I 286? 4 A RUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 9-25-13 DRAWN BY: JHB SHEET: 1 of 4 4201692 Pages: 3 of 6 05/09/2016 01:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Mill kMRIa Ii?%A14:IMN:111MIthi Ilk SDI EXHIBIT -A SI-T5N-R65W PROPERTY DESCRIPTION PARCEL - II A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2099888 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 1 AS BEARING NORTH 00'29'41" EAST A DISTANCE OF 5036.89 FEET TO THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'29'41" EAST ALONG THE WEST UNE OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST A DISTANCE OF 1560.31 FEET; THENCE SOUTH 89'30'19" EAST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE NORTH 0029'41" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 945.35 FEET TO A NON -TANGENT POINT OF CURVE TO THE LEFT; THENCE 544.69 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 2930.00 FEET, CENTRAL ANGLE IS 10'39'05" AND WHOSE CHORD BEARS SOUTH 04'50'34" EAST A DISTANCE OF 543.91 FEET; THENCE SOUTH 10'10'07" EAST A DISTANCE OF 274.50 FEET; THENCE SOUTH 62'32'21" EAST TO A POINT ON THE EASTERLY LINE OF SAID DEED A DISTANCE OF 60.02 FEET; THENCE ALONG SAID EASTERLY UNE SOUTH 14'51'38" WEST TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 60.5 A DISTANCE OF 42.93 FEET; THENCE SOUTH 59'58'08" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 137.55 FEET; THENCE CONTINUING ALONG SAID LINE NORTH 7918'14" WEST TO A POINT ON THE EXISTING EASTERLY RIGHT—OF—WAY LINE OF WELD COUNTY ROAD 47 A DISTANCE OF 26.16 FEET AND BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 45,196.67 sf. OR 1.04 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY A AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 \\`•cop,0,R otJ Fq'% Lcc cc. -53 c. 23520 �� J"1/. '1/4M,,\\\\" \\\\ RIGHT OF WAY ACQUISITION PARCEL - II GREELEY WELD COUNTY AIRPORT AUTHORITY WELD COUNTY, COLORADO GOUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 9-25-13 DRAWN BY: JIM SHEET: 2 of 4201692 Pages: 4 of 6 05/09/2016 01:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii h��11Gi�Mr��� '4�IL wlf1���1�h1Y.�'JL I I.I MGj' 11111 EXHIBIT -A SI-T5N-R65W PROPERTY DESCRIPTION PARCEL - III A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2099888 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST UNE OF SAID SECTION 1 AS BEARING NORTH 00'29'41" EAST A DISTANCE OF 5036.89 FEET TO THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 00'29'41" EAST ALONG THE WEST UNE OF SECTION 1, TOWNSHIP 5 NORTH. RANGE 65 WEST A DISTANCE OF 1268.59 FEET TO THE POINT OF BEGINNING THENCE CONTINUING NORTH 00'29'41" EAST ALONG SAID WEST LINE TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY UNE OF WELD COUNTY ROAD 60.5 A DISTANCE OF 161.26 FEET; THENCE NORTH 59'56'46" EAST ALONG SAID RIGHT-OF-WAY LINE TO A POINT ON THE WEST UNE OF LOT -B OF RECORDED EXEMPTION NO. 0961-01-3-RE1251 A DISTANCE OF 169.88 FEET; THENCE SOUTH 14'51'38" WEST ALONG SAID WEST UNE TO A POINT ON THE SOUTH LINE OF SAID LOT -B A DISTANCE OF 256.27 FEET THENCE NORTH 89'03'26" WEST ALONG SAID SOUTH UNE A DISTANCE OF 82.72 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 22,084.62 sf. OR 0.51 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 I - 4201692 Pages: 5 of 6 05/09/2016 01:45 PM R Fee:$0.00 Carly Kcppes, Clerk and Recorder, Weld County, CO VIIIMl�1 �It��IW111 'I�1Fk1l�l�I�MIIIIIII RIGHT OF WAY ACQUISITION PARCEL -III GREELEY WELD COUNTY AIRPORT AUTHORITY WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 SCALE: DATE: 9-25-13 DRAWN BY: JHB SHEET: 3 of 4 EXHIBIT -A SI82-T5N-R65W 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. MILE -HI INV. e SE 1/4 52-T5N-R65W GREELEY-WELD COUNTY AIRPORT AUTHORITY RECP.# 2099888 LINE TABLE LINE BEARING DISTANCE L1 NO0'29'41"E 161.26' L2 N59'56'46"E 169.88' L3 S14'51'38"W 256.27' L4 N89'03'26"W 82.72' L5 589'30'19"E 30.00' L6 N00'29'41"E 945.35' L7 S10'10'07"E 274.50' L8 562'32'21"E 60.02' L9 S14'51'38"W 42.93' L10 559'58'08"W 137.55' L11 N79'18'14"W 26.16' L12 N8930'19"W 30.00' L13 N10'10'07"W 145.83' L14 NO0'29'41"E 35.24' L15 S75'08'22"E 82.58' L16 S00'29'41"W 726.14' CURVE TABLE C# LENGTH RADIUS DELTA CHD BRG CHD C1 571.36' 3070.00' 10'39'48" N04'50'13"W 570.54' C2 544.69' 2930.00' 10'39'05" 504'50'34"E 543.91' EXISTING R.O.W. (FORMERLY COOT) SEE BK-1156/RECP.#2099888 MAY. 15, 1987 1 EXISTING 60' ROW � RD.BK.2/PG.192 j JAN. 23, 1878 TES' L14 PARCEL -I RIGHT—OF—WAY ACQUIRED 39,373.64 sf. OR 0.90 ac.± P.O.B \11111!1 \\ ORE, 23520 alt 7^` //Ins ///IIIsI1111\\\/ WELD COUNTY I�I I NO0'29'41"E 5036.89' BASIS OF BEARINGS N SECTION CORNER S1/52-T5N-R65W FND 3 1/4" ALUM. CAP STAMPED LS#10855 SW 1/4 SI-T5N-R65W G.W.C.A.A. PARCEL -II RIGHT—OF—WAY ACQUIRED 45,196.67 sf. OR 1.04 ac,± LDS CHURCH MARCY LOT B/RE-1251 PARCEL -III RIGHT—OF—WAY ACQUIRED 22,084.62 sf. OR 0.51 ac.± P.O.B. G.W.C.A.A. P.O.C. SECTION CORNER S1/52-T5N-R65W FND 214" ALUM. CAP STAMPED POWERS ELV. LS#23501 RIGHT OF WAY ACQUISITION PARCELS I, II & III GREELEY WELD COUNTY AIRPORT AUTHORITY WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-23 DATE: 9-25-13 SCALE: 1"=200 DRAWN BY: JI-1B SHEET: 4 of4 4201692 Pages: 6 of 6 05/09/2016 01:45 PM R Fee:$0.00 Carly 'Cocoas, Clerk and Recorder, Weld County, CO 101 fi rarGlikkiralfii'1lier.IN.\Wr'FIS I"iLiker 1111 Hello