HomeMy WebLinkAbout20132350.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO
COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
DEWEY AND DOROTHY MARCY
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 Right -of -Way and Temporary Construction Easement 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 Dewey and
Dorothy Marcy, 24576 County Road 64, Greeley, Colorado 80631, 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 Right -of -Way and Temporary
Construction Easement 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 Dewey and Dorothy Marcy 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.
9-i4
2013-2350
EG0068
AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY AND TEMPORARY
CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 47 —
DEWEY AND DOROTHY MARCY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of August, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William F. Garcia, Chair
Weld County Clerk to the Board
/ ounty Attorney
arbara Kirkmeye
Date of signatureS.EP 0 4 2013
2013-2350
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: August 15, 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 47 with Dewey and Dorothy Marcy.
One original is attached.
M:Wranci&AGENDA memos \AgendaLeon-2.docx
2013-2350
AGREEMENT FOR THE PURCHASE OF
PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 47
BETWEEN DEWEY AND DOROTHY MARCY AND WELD COUNTY, COLORADO
Z2
THIS AGREEMENT is made this / 7 -day of /f 2013, by and between Dewey
and Dorothy Marcy, whose address is 24576 Weld Count Road 64, Greeley, Colorado 80631
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 remove
and obliterate a portion of the existing Ogilvy Ditch 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 Six Thousand Eight Hundred and
no/100 Dollars, ($6,800.00). 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 1
3962266 Pages: 1 of 8
09/09/2013 10:59 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
IIII FAO. O. Fllri�i I�h'iihHVii'i41rrFhffilit,l��JiYI h tl II I
070/5-07356
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 Two Thousand Nine
Hundred and no/100 Dollars, ($2,900.00). 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 October 1, 2013, and
shall expire and be of no further force or effect on October 1, 2014, 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
3962266 Pages: 2 of 8
09/09/2013 10:59 RM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
IIIIK���P'��� j+I�h'I�M1'k�v����,Yr 41tid 1/44%v i1 11111
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.
5. County shall remove portions of existing fence for road construction and install a
new three -strand barbed wire fence along the newly acquired right-of-way line in the
areas of removal.
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 the construction of the fence, and for its daily operation,
access and maintenance. 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
Agmt for Purchase of ROW and Temp Easement -ft -rimed Possession Before Transfer Page 3
3962266 Pages: 3 of 8
09/09/2013 10:59 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
Ell friirlL'ina tillfrlfti�if:i K�fIiFG'SR��i'G �.''iI ai iii
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.
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.
DEWEY RCY/��
By: ,r° /7/1
I/'✓1d/'
Owner
ATTEST:
BY
Agmt for Purchase of ROW and Temp Easeme
3962266 Pages: 4 of 8
09/09/2013 10:59 RM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
XIII14114'44�:E�4�RiiL�l4'1�h4�tf;�Yf�rh 11111
DOROTHY MARCY
By: Dcf?Arit '1M
Owne
BOARD OF COUNTY COMMISSIONERS
WELDTY, COLORADO
--7
.r
ilium F. Garcia, Chair
AUG 1 9 2013
Before Transfer Page 4
o&DJ& €.3SO
I'
EXHIBIT -A
SW I/4 SI-T5N-R65W
PROPERTY DESCRIPTION
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 RECORDED EXEMPTION NO.0961-01-3-RE1251 (RE -1251) FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 2212871 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMFNCING 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 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 WESTERLY LINE OF SAID SECTION A DISTANCE OF 1268.45 FEET;
THENCE DEPARTING SAID WESTERLY LINE SOUTH 89'03'26" EAST TO THE SOUTH WESTERLY CORNER OF SAID
RE -1251 A DISTANCE OF 82.71 FEET AND BEING THE POINT OF BEGINNING.
THENCE ALONG THE WESTERLY LINE OF SAID RE -1251 NORTH 14'52'36" EAST TO THE SOUTHERLY
RIGHT-OF-WAY OF WELD COUNTY ROAD 60.5 A DISTANCE OF 255.68 FEET;
THENCE NORTH 59'52'23" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 138.56 FEET;
THENCE NORTH 71'14'08" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 147.20 FEET;
THENCE NORTH 76'34'38" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 97.00 FEET;
THENCE NORTH 82'53'09" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 246.13 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 74'54'03" WEST A DISTANCE OF 236.24 FEET;
THENCE SOUTH 72'03'38" WEST A DISTANCE OF 141.22 FEET;
THENCE SOUTH 66'22'48" WEST A DISTANCE OF 141.22 FEET;
THENCE SOUTH 21'19'06" WEST A DISTANCE OF 100.19 FEET;
THENCE SOUTH 10'10'07" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID RE -1251 A DISTANCE OF 167.39
FEET;
THENCE NORTH 89'03'26" WEST ALONG THE SOUTHERLY LINE OF SAID RE -1251 A DISTANCE OF 164.78 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 48,199.54 sf. OR 1.11 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
RIGHT OF WAY
ACQUISITION
MARCY
WELD COUNTY, COLORADO
861
4/Ri
GOUNTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 EXTENSION
PROJECT
PROJECT N0: SRP-23
SCALE:
DATE: 2-25-13
DRAWN BY: D
SHEET: l of 2
3962266 Pages: 5 of 8
09/09/2013 10:59 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III Mir irrillOi+M L If rh�i iTALG1III
EXHIBIT -A
SW I/4 SI-T5N-R65W
NW CORNER
S1-T5N-R65W
FND 3 1/4" A.C.
LS#10855 200X
�R
m
mIz
M E
O 1Q
to lid
w co
P.O.C.
SW CORNER
S1-T5N-R65W
FND 2 1/2" A.C.
LS#23501
L
a
od
N
L2
L3
L12
P.O.B.
L4
L9
L10
L6
L5
L8
L7
RIGHT—OF—WAY ACQUIRED
L11 48,199.54 sf. OR 1.11 as.
wCR605
MARCY
RECP.#2730434
LOT B/RE-1251
RECP.# 2212871
C=PI. FARMS
LINE TABLE
LINE
BEARING
DISTANCE
L1
S89'03'26"E
82.71'
L2
N14'52'36"E
255.68'
L3
N59'52'23"E
138.56'
L4
N71'14'08'E
147.20'
L5
N76'34'38'E
97.00'
L6
N82'53'09"E
246.13'
L7
S74'54'03"W
236.24'
L8
S72'03'38"W
141.22'
L9
S66'22'48"W
141.22'
L10
S21'19'06"W
100.19'
L11
S10'10'07"E
167.39'
L12
N89'03'26"W
164.78'
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.
RIGHT OF WAY
ACQUISITION
MARCY
WELD COUNTY, COLORADO
13771861
VoUN?
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 EXTENSION
PROJECT
PROJECT NO: SRP-23
SCALE:1 "=200'
DATE: 2-25-13
DRAWN BY: DRI-1
SHEET: 2 of
3962266 Pages: 6 of 8
09/09/2013 10:59 qM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
VIIIPra157.
EXHIBIT -B
SW 1/4 SI-T5N-R65W
PROPERTY DESCRIPTION
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 RECORDED EXEMPTION NO.0961-01-3-RE1251 (RE -1251) FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 2212871 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 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 WESTERLY LINE OF SAID SECTION A DISTANCE OF 1268,45 FEET;
THENCE DEPARTING SAID WESTERLY LINE SOUTH 89'03'26" EAST A DISTANCE OF 247.49 FEET AND BEING THE
POINT OF BEGINNING.
THENCE NORTH
THENCE NORTH
THENCE NORTH
THENCE NORTH
THENCE NORTH
A DISTANCE OF
THENCE NORTH
THENCE SOUTH
THENCE SOUTH
THENCE SOUTH
THENCE NORTH
THENCE SOUTH
THENCE SOUTH
THENCE SOUTH
THENCE SOUTH
279.46 FEET;
THENCE NORTH
THENCE NORTH
THENCE NORTH
THENCE NORTH
THENCE SOUTH
THENCE SOUTH
THENCE SOUTH
THENCE SOUTH
FEET;
THENCE NORTH
BEGINNING.
10'10'07" WEST
21'19'06" EAST
66'22'47" EAST
72'03'39" EAST
74'54'03" EAST
236.24 FEET;
82'53'03" EAST
15'05'57" EAST
74'54'03" WEST
15'05'57" EAST
88'42'39" EAST
01'17'23" EAST
88'42'35" WEST
00'05'28" EAST
45'50'15" EAST
A DISTANCE OF 167.39 FEET;
A DISTANCE OF 100.19 FEET;
A DISTANCE OF 141.22 FEET;
A DISTANCE OF 141.22 FEET;
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD 60.5
ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 10.00 FEET;
DEPARTING SAID RIGHT-OF-WAY LINE A DISTANCE OF 8.61 FEET;
A DISTANCE OF 45.55 FEET;
A DISTANCE OF 79.64 FEET;
A DISTANCE OF 90.04 FEET;
A DISTANCE OF 60.00 FEET;
A DISTANCE OF 105.30 FEET;
A DISTANCE OF 79.96 FEET;
TO A POINT ON THE SOUTHERLY LINE OF SAID RE -1251 A DISTANCE OF
89'03'26" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 233.56 FEET;
41'22'32" WEST DEPARTING SAID SOUTHERLY LINE A DISTANCE OF 156.13 FEET;
15'05'57" WEST A DISTANCE OF 148.26 FEET;
6322'33" WEST A DISTANCE OF 85.77 FEET;
78'46'44" WEST A DISTANCE OF 73.24 FEET;
62'22'26" WEST A DISTANCE OF 137.15 FEET;
25'28'12" WEST A DISTANCE OF 96.49 FEET;
10'10'07" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID RE -1251 A DISTANCE OF 128.72
89'03'26" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 10.19 FEET TO THE POINT OF
SAID PARCEL CONTAINS 103,156.81 sf. OR 2.37 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
TEMPORARY EASEMENT
ACQUISITION
MARCY
WELD COUNTY, COLORADO
GOUNTY
3962266 Pages: 7 of 8
09/09/2013 10:59 RM R Fee:$0.00
Steve
Moreno, Clerk
and Recorder, Weld County, CO
■IIIRf'ilY i�1PVP 414,cWien!IIII
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 EXTENSION
PROJECT
PROJECT NO: SRP-23
SCALE:
DATE: 2-25-13
DRAWN BY: DRH
SHEET: l of 2
EXHIBIT -B
SW 1/4 SI-15N-R65W
NW CORNER -
S1-T5N-R65W
FND 3 1/4" A.C.
LS#10855 200X
P.O.C.
SW CORNER--'
S1-T5N-R65W
FND 2 1/2" A.C.
LS#23501
L19
C,.?
'
5
430
co
N
coIo
z
01<
vi Iw
w m
�o
IN
cv
o
oIm
L2
L1
247.49'
589.03'26"E
P.O.B.
L
L21
L22
LDS CHURCH
L6
7
5 L8
L9 L1O
L2O
L18
L17
L12
L13
MARCY
L11 RECP.#2730434
LOT B/RE-1251
RECP.# 2212871
L14 TEMPORARY EASEMENT
ACQUIRED
103,156.81 sf. OR 2.37 ac.
L16
Ii
L23 L15
DPG FARMS
LINE TABLE
LINE
BEARING
DISTANCE
L1
N1O'1O'O7"W
167.39'
L2
N21'19'O6"E
100.19'
L3
N66'22'47"E
141.22'
L4
N72'O3'39"E
141.22'
L5
N74'54'O3"E
236.24'
L6
N82'53'O3"E
10.00'
L7
S15'O5'57"E
8.61'
L8
S74'54'O3"W
45.55'
L9
S15'O5'57"E
79.64'
L1O
N88'42'39"
90.04'
L11
SO1'17'23"E
60.00'
L12
S88'42'35"W
105.30'
SW 1 :-
I -T5 -H65
LINE TABLE
LINE
BEARING
DISTANCE
L13
SOO'O5'28"E
79.96'
L14
S45'50'15"E
279.46'
L15
N89'O3'26"W
233.56'
L16
N41'22'32'W
156.13'
L17
N 15'05'57" W
148.26'
L18
N63'22'33"W
85.77'
L19
S78'46'44'W
73.24'
L2O
S62'22'26"W
137.15'
L21
S25'28'12'W
96.49'
L22
S1O'1O'O7"E
128.72'
L23
N89'03'26"W
10.19'
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.
TEMPORARY EASEMENT
ACQUISITION
MARCY
WELD COUNTY, COLORADO
3962266 Pages: 8 of 8
09/09/2013 10:59 AM R Fee:$0.00
Steve Moreno; Clerk and Recorder, Weld County, CO
0NY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 EXTENSION
PROJECT
PROJECT NO: SRP-23
SCALE:1 "= 200'
DATE: 2-25-13
DRAWN BY: DRN
SHEET: 2 of2
III
MEMORANDUM
TO: Clerk to the Board DATE: October 3, 2013
FROM: Leon Sievers, Public Works Department
SUBJECT: BOCC Consent Agenda
RE: Associated with Agreement - Doc #2013-2350
Deed of Dedication for Public Highway, WCR 60.5 at WCR 47.
One original is attached.
M:\Francie\AGENDA memos\AgendaLeon- I.docx
/p.-g.tol.3
Mole
do/3 - a36a
54 emx9
DEED OF DEDICATION
FOR PUBLIC HIGHWAY
THIS DEED, made this "day of (d(, 2011, between Dewey and Dorothy Marcy,
"Grantor" whose legal address is 24576 Weld County Road 64, 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 Grantor, 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
Z6 3;3p-13
Dorot' arcy, Owner
Date
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 26 day of
201 3, by Dewey Marcy and Dorothy Marcy, Owners.
Witness my hand and official seal.
My commission expires: 8-12-17
Page 1 of 2 pages
3es: 1 of 4
970659
01 42gPM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
®III!!!Pal�flti�il�l+tli�°Uh�k�Nl�,Pi�ilk'iP14i�'6YY4 ®I III
Se./1.4:
JACQUELINE HERNANDEZ-BARROW lti
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134051237
WC0MMISSI0N EXPIRESAUGUST 12, 2017
£D13-23sc
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 / day of
ATTEST: �w'
CLERK TO THE BOARD OF
COUNTY COMMISSIONER OF
THE COUNTY OF WELD
BY:
Deputy Clerk "o the Board
STATE OF COLORADO )
) ss
COUNTY OF WELD )
,2013.
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
OCT 0 9 2013
am F. Garcia, Chair
ARD OF COUNTY COMMISSIONERS
F THE COUNTY OF WELD
The foregoing instrument was acknowledged before me this 9'n day of QC he° ,
201 3 , by William F. Garcia, Chair, Board of County Commissioners of the County of Weld.
Witness my hand and official seal.
My commission expires:
Page 2 of 2 pages
3970659 Pages: 2 of 4
10/14/2013 01:42 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
TAMMY LEE WATERS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124078542
[MY COMMISSION EXPIRES IRES DECEMBER 5, 2016
aays-o7.9SC%
EXHIBIT -A
SW I/4 SI-T5N-R65W
PROPERTY DESCRIPTION
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 RECORDED EXEMPTION NO.0961-01-3-RE1251 (RE -1251) FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 2212871 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 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 WESTERLY LINE OF SAID SECTION A DISTANCE OF 1268.45 FEET;
THENCE DEPARTING SAID WESTERLY LINE SOUTH 89'03'26" EAST TO THE SOUTH WESTERLY CORNER OF SAID
RE -1251 A DISTANCE OF 82.71 FEET AND BEING THE POINT OF BEGINNING.
THENCE ALONG THE WESTERLY LINE OF SAID RE -1251 NORTH 14'52'36" EAST TO THE SOUTHERLY
RIGHT-OF-WAY OF WELD COUNTY ROAD 60.5 A DISTANCE OF 255.68 FEET;
THENCE NORTH 59'52'23" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 138.56 FEET;
THENCE NORTH 71'14'08" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 147.20 FEET;
THENCE NORTH 76'34'38" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 97.00 FEET;
THENCE NORTH 82'53'09" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 246.13 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 74'54'03" WEST A DISTANCE OF 236.24 FEET;
THENCE SOUTH 72'03'38" WEST A DISTANCE OF 141.22 FEET;
THENCE SOUTH 66'22'48" WEST A DISTANCE OF 141.22 FEET;
THENCE SOUTH 21'19'06" WEST A DISTANCE OF 100.19 FEET;
THENCE SOUTH 10'10'07" EAST TO A POINT ON THE SOUTHERLY LINE OF SAID RE -1251 A DISTANCE OF 167.39
FEET;
THENCE NORTH 89'03'26" WEST ALONG THE SOUTHERLY LINE OF SAID RE -1251 A DISTANCE OF 164.78 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 48,199.54 sf. OR 1.11 cc. MORE OR LESS. \01i11t11j
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS;�\QI-P /it,. AND SURVEYOR IN AND
FOR WELD COUNTY, COLORADO. Q;� S� °• `�
LEON W. SIEVERS
PLS 23520
RIGHT OF WAY
ACQUISITION
MARCY
WELD COUNTY, COLORADO
o 352: g _
°
WELD COUNTY DEPARTMENT
186i OF PUBLIC WORKS
WCR 49 EXTENSION
PROJECT
PROJECT NO: SRP-23
SCALE:
DATE: 2-25-13 DRAWN BY: DRH SHEET: loft
3970659 Pages: 3 of 4
10/14/2013 01:42 PM R Fee:$0.00•
Steve Moreno, Clerk and Recorder, Weld County, CO
�rrligllhliali'14'ib«illrF, 11101
EXHIBIT -A
SW 1/4 SI-T5N-R65W
NW CORNER
S1-T5N-R65W
FND 3 1/4" A.C.
LS#10855 200X
P.O.C.
SW CORNER
S1-T5N-R65W
FND 2 1/2" A.C.
LS#23501
L2
ILi
m2
l?
o1¢
u ILo
w m
•i0
Nb)Iin
N
CI 00
z
a
ro
up
N
L4
IT)S(I'.IL
L6
L5... = v ;,::,::
L12
P.O.B.
L10
L9
L8
L7
RIGHT—OF—WAY ACQUIRED
L11 48,199.54 sf. OR 1.11 ac.
otoolli
QO° fi
N°
23520 3 c o"
•
%gr•
/ILS/ONAL th \\
CII
R 60.5
MARCY
RECP.#2730434
LOT B/RE-1251
RECP.# 2212871
LINE TABLE
LINE
BEARING
DISTANCE
L1
S89'03'26"E
82.71'
L2
N14'52'36'E
255.68'
L3
N59'52'23"E
138.56'
L4
N71'14'08"E
147.20'
L5
N76'34'38'E
97.00'
L6
N82'53'09"E
246.13'
L7
S74'54'03"W
236.24'
L8
572'03'38"W
141.22'
L9
S66'22'48"W
141.22'
L10
S21'19'06"W
100.19'
L11
S10'10'07"E
167.39'
L12
N89'03'26"W
164.78'
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.
RIGHT OF WAY
ACQUISITION
MARCY
WELD COUNTY, COLORADO
186
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 EXTENSION
PROJECT
PROJECT NO: SRP-23
SCALE: 1"=200'
DATE: 2-25-13
DRAWN BY: DRH
SHEET: 2 of
3970659 Pages: 4 of 4
10/14/2013 01:42 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
,III �4�aIW11�+��i14'If�LF �rL14 �1 ��4 , P��4N+�hi46 Yl h 11 III
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