The URL can be used to link to this page

Browse Search

Home My WebLink About20121954.tiff RESOLUTION RE: APPROVE REVISED AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROADS 60.5 AND 53 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - CHARLES AND AGNES ACHZIGER 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, on July 25, 2012, the Board was presented with an Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to County Roads 60.5 and 53 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 Charles and Agnes Achziger, 2868 Hidden Valley Drive, Loveland, Colorado 80538, with terms and conditions being as stated in said agreement, and WHEREAS, the board deemed it advisable to continue the matter to July 30, 2012, and then to August 1, 2012, to allow staff adequate time to make requested revisions, and WHEREAS, after review on August 1, 2012, the Board deemed it advisable to approve said revised 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 revised Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to County Roads 60.5 and 53 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 Charles and Agnes Achziger 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. C Pt)) 9i.1_i a- 2012-1954 EG0064 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROADS 60.5 AND 53 - CHARLES AND AGNES ACHZIGER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of August, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: - CP Se-n P. Con -y Chair Weld County Clerk to the Board ( / �. William ' Garcia, Deputy Cl=dk to t Boa �.vv. ,MI O ikv, arbrely J` APPROVED AS TO FORM.�r �l a ® �y avid E. Lon g ` I� A`d ri rss ountyCk orney (;' c, C /4 /��C� ougl Rademacl'er lel Date of signature: S-lQ - t a 2012-1954 EG0064 MEMORANDUM ykt co u N T.Y TO: Clerk to the Board DATE: July 20, 2012 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Agenda Agreement Concerning Purchase of Right-of-Way for Improvements to WCR 60.5 and WCR 53 with Charles L. and Agnes Lorene Achziger. Attached is one original agreement. M�FrancieAAyendaLeon.docx 2012-1954 AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 60V2 AND 53 BETWEEN CHARLES L.AND AGNES LORENE ACHZIGER AND WELD COUNTY, COLORADO ri THIS AGREEMENT is made this sa day of 4 01. ,2012,by and between Charles and Agnes Achziger, whose address is 2868 Hidden Valley 17rive, Loveland, Colorado 80538, 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, County finds it necessary to rebuild and improve Weld County Road 60'/z and 53, and WHEREAS, Owner owns the property described in the attached Exhibit "A" hereinafter referred to collectively as "Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE,the parties herein agree as follows: I. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit"A" (right of way) attached hereto and hereinafter referred to herein as the"Right-of-Way"for the sum of One Thousand Five Hundred and no/100 ($1500.00) dollars. 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances,except existing easements.Owner shall retain the mineral Page 1 of 3 Pages 3863335 Pages: 1 of 9 08/02/2012 11:10 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County CO 1111 PI PriA I4VIIIII:14kria 11111 de1/42- /y5/ estate under the Right of Way, including oil and gas, and shall also retain any water rights currently attached or associated with the Right of Way. 3. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the right of way. County shall pay all fees associated with recording the Deed of Dedication. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than 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, hereto. 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. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance,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 all of the Right-of-Way for the purpose of said rebuilding and improvement project.Date of payment of compensation is the date of delivery of the Deed of Dedication. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. Owner represents and warrants that all prior general taxes levied have been paid in full by Owner. 8. County will reimburse the Owner the sum of Six Hundred ($600.00) dollars for the execution of a Temporary Construction Easement over and across the land described in Temporary Easement Exhibit A and B, attached hereto 9. County will reimburse the Tenant, Mr. Bernard Gesick, the sum of Two Hundred Thirty Eight and no/100 ($238.00) dollars for crop damage to 0.17 acres of corn IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. 3863335 Pages: 2 of 9 08/02/2012 11:10 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO un RnntihillAIWA.041,641. 1011ii.Ail •I III Page 2 of 3 Pages IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. ,16- gar, Oe61t : gg :� reie�gery Cfharles L. chzl er A ne Lorene Achzi er, Owner BOARD OF COUNTY COMMISSIONER.S OF WELD COUNTY, STATE OF COLORADO ATTEST: BY: c� Sean P. Conway, Chair Weld County Clerk to the Bo ( r 'AUG 01 2012 BY: Deputy C1erL o the Board �. "� oy 3863335 Pages: 08/02/2012 11:10 AM R Fee:r.00 Stave Moreno, Clark and Recorder, Weld Count CO Witfi1+L 1,3/4il III Page 3 of 3 Pages EXHIBIT-A SW 1/4 S4-T5N-R64W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 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. 1915879 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER AS BEARING SOUTH 00'43'43" FAST A DISTANCE OF 2662.21 FEET TO THE SOUTHWEST CORNER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'18'39" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 30.03 FEET; THENCE SOUTH 00'41'21" EAST A DISTANCE OF 40.00 TO A POINT WHICH INTERSECTS THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 53 AND THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 60.5 AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'18'39" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 99.93 FEET; THENCE SOUTH 44'16'17" WEST A DISTANCE OF 134.25 FEET; THENCE SOUTH 00'43'43" EAST A DISTANCE OF 1573.19 FEET; THENCE SOUTH 89'16'17" WEST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 53 A DISTANCE OF 5.00 FEET; THENCE NORTH 00'43'43" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 1668.19 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,850.02 sf. OR 0.30 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. SEVERS \\,011111111 / PLS 23520 �q.°V". F ✓ / SI F J 9�• 1 :://4/(11;;;;;;;:i7:7 23520 = 3863335 Pages: 4 of 9 "9j (a"Aq-1� r g 08/02/2012 11:10 AM R Fee:$0.00 /'c2,.tc Steve Moreno. Clerk and Recorder, Weld County, CO /� /O'•'•^'' ` X111 W'ir�FAIVA1 'Ikb,I VI ri irtl,lrb+�Ilh'IN'�L 11111 /,, ,rvAL LN ?,,:� RIGHT-OF-WAY W WELD COUNTY DEPARTMENT ACQUISITION a\ 186? OF PUBLIC WORKS n �, ); It/ in! ',..... WELD COUNTY ROADS 53 AT 60.5 CHARLES&AGNES J INTERSECTION IMPROVEMENT PROJECT / r PROJECT: SCALE: ACHZIGER RC-85 WELD COUNTY,COLORADO c!L-U N T YY IDATE: DRAWN BY: f 6/6/2012 nIg SHEET: I of2 EXHIBIT-A SW I/4 S4-T5N-R64W EXISTING 70' EXISTING 80' RIGHT-OF-WAY RIGHT-OF-WAY7 - - _ - - - _ P.O.C. b a NE9'18'39"E 2638.98' LI — — - F' P.O.B. O ¶7 CRD IP/Ii,.Y o,� VViS..1WW 1/4 CORNER L3 - - ------ - - S4-TSS-R64W C 1/4 CORNER FOUND 3 1/4" A.C. • .--u iPnp�r-' w a:-. S4-75S-R64W STAMPED PLS #22098 I I \:' 1. I FOUND 3 1/4" A.C. 1989 IN MON. BOX I • I STAMPED PLS #28258 I 2008 IN MON. BOX li't5A,DDITIONAL RIGHT—OF—WAY EXISTING 60' 112,850.02 sf./0.30 cc. RIGHT—OF—WAY I6 ICI I � ml m CHARLES &AGNES ACHZIGER PARC.#096304000006 STEPHEN&LUANN I 3I W RECP.#1915879 = ZEHNDER. I . MI M LOT B/RE-3600 I "di .1- - I 0 O O LINE TABLE O z LI N89'18'39"E 30.03' 8-I. L2 500'41'21"E 40.00' -a I L3 N89'18'39"E 99.93' cy I 1 L4 344'16'17"W 134.25' 1;2 I I L5 S813 16'17"W 5.00' SW]/4 m=V S4-.23N- 4W ma = SE I/4 - : vv'n *GIST/''/ 9 N N may m J:ILI 235 20 Jan I .• � "`L� - IllStM a OO I .m /, SS/0NAI.�P� ACA I I ! 1111AA me o-- SW CORNER CI NS4-T5S-R64W t I MNm NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT m FOUND 3 1/4" A.C. to.7..; A MONUMENTED LAND SURVEY OR LAND SURVEY r.ou 2� STAMPED CDOT PLS #10740 - L5 PLAT. IT IS INTENDED TO ILLUSTRATE THE 1996 IN MON. BOX- -►r% ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT-OF-WAY ; , WELD COUNTY DEPARTMENT ACQUISITION ' b...- 1861 OF PUBLIC WORKS Illi WELD COUNTY ROADS 53 AT 603 ,E CHARLES&AGNES -� INTERSECTION IMPROVEMENT PROJE CT ACHZIGER 14 PROJECT: SCALE', WELD COUNTY,COLORADO C O_U N T Y RC-85 1"=100' l DATE. DRAWN BY 6/6/2012 SHE SHEET: 2 of 2 TEMPORARY EASEMENT EXHIBIT-A PROPERTY DESCRIPTION TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 5, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF RECORDED EXEMPTION NO. 0963-05-04-RE3600 AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3170170 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 5, TOWNSHIP 5 NORTH, RANGE 64 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER AS BEARING SOUTH 89'00'06" WEST A DISTANCE OF 5214.94 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 5, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'00'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 1630.02 FEET; THENCE SOUTH 00'59'54" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 60.5 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 13'51'14" EAST A DISTANCE OF 30.77 FEET; THENCE SOUTH 89'00'06" WEST A DISTANCE OF 17.65 FEET; THENCE NORTH 00'59'54" WEST TO A POINT ON THE SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE A In DISTANCE OF 30.00 FEET; --ii 4E THENCE NORTH 89'00'06" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 10.81 FELT TO THE :s POINT OF BEGINNING. 8r SAID PARCEL CONTAINS 426.91 sf. MORE OR LESS. E U THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN s2Y AND FOR WELD COUNTY, COLORADO. m-ate vAvAVWIIIIII � o :12a—a g0Pp0 AE ..gyp=s LEON W. SIEVERS \. or a PLS 23520 �` • ma" •�• �••• _ NO'S a^ _ 23520 aY /yyy - V-I •V _ N_ag M/ AL LAPA 01N 0•-. MOAN TEMPORARY CONSTRUCTION - WELD COUNTY DEPARTMEN] EASEMENT '1! ">‘'‘ 18 61 ee OF PUBLIC WORKS iWELD COUNTY ROADS 53 AT 60.5 ..,.....r....---,........„...0/----- INTERSECTION IMPROVEMENT PROJECT CHARLES&AGNES PROJECT: SCALE: ACHZIGER f T�, RC-85 WELD COUNTY,COLORADO �' O U�"(- DATE: DRAWN BY: 11 3/22/2012 IHB SHEET' I of 2 TEMPORARY EASEMENT EXHIBIT-A i NE 1/4 7W LOT C/RE-3527 CORPORA1 ION OF THE LOT B/RE-3527 W 1/4 CORNER PRESIDING BISHOP OF E 1/4 CORNER S5-T5S-R64W TILE CHURCH(F JESUS CHRIST 55-T5S-R64W FOUND 2 1/2" A.C. OF LATTER DAY SAINTS FOUND 3 1/4" A.C. STAMPED PLS #28656 STAMPED PLS #22098 1994 IN MON. BOX 1989 IN MON. BOX WCIR 45 S89'00'O6"W 5214.94' _ _ - 1630.02'_ _ I. _J\r: .,,LBASIS OF BEARINGS — P.0.8. o J P.O.C. - - - - EXISTING 70' d-' N RIGHT—OF—WAY III L3 SE 1/4 S -7W—RMMW TEMPORARY CONSTRUCTION EASEMENT — 426.91 sf. STEPHEN&LUANN r19 MI ZEHNDER LOT B/RE-3600 .\A It i n CHARLES &AGNES �P�O.R' ;•i%': -r ACHZIGER tz + ,F >A- PARC.#096305400060 v �9 RECP.#1650545 :—I (Ps. 3 X LOT A/RE-3600 • 23520 'pa G.1 RECP.#3170170 �l 7-30.12_ Q-, .o„, NAt LP 0`,`, O a, 111!11I11111 LLm� rim mm=Wa LINE TABLE :of_2 LI 500'59'54"E 30.00' a--1 L2 513'51'14"E 30.77' U � L3 S89'00'06"W 17.65' @b L4 NOO'59.54"W 30.00' mi L5 N89'00'06"E 10.81' MNo -0 2r n tomm NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A teo A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. TEMPORARY CONSTRUCTION AP WELD COUNTY DEPARTMENT EASEMENT 1861 OF PUBLIC WORKS WELD COUNTY ROADS 53 AT 60.5 ,...... .-t--- INTERSECTION IMPROVEMENT PROJECT CHARLES&AGNES PROJECT: SCALE:, ACHZIGER V� U RC-85 1"=50 WELD COUNTY,COLORADO --C' -T Y DATE DRAWN BY 3/22/2012 JHB SHEET: 2 of2 TEMPORARY EASEMENT EXHIBIT-B PROPERTY DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 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. 1915879 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER AS BEARING NORTH 89'18'39" EAST A DISTANCE OF 2638.98 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'18'39" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 129.96 FEET; THENCE SOUTH 00'41'21" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 60.5 A DISTANCE OF 40.00 TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 89'18'39" EAST A DISTANCE OF 891.62 FEET; THENCE SOUTH 00'41'21" EAST A DISTANCE OF 56.00 FEET; NM THENCE NORTH 80'05'35" WEST A DISTANCE OF 250.16 FEET; THENCE SOUTH 89'18'39" WEST A DISTANCE OF 564.02 FEET; 8 THENCE SOUTH 00'41'21" EAST A DISTANCE OF 55.00 FEET; THENCE SOUTH 89'18'39" WEST A DISTANCE OF 146.62 FEET; 8Z THENCE NORTH 44'16'17" EAST A DISTANCE OF 91.86 FEET TO THE POINT OF BEGINNING. G 3 rnstL SAID PARCEL CONTAINS 21,174.94 sf. OR 0.49 cc. MORE OR LESS. OWE LLU COixy_ THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN . AND FOR WELD COUNTY, COLORADO. „,Olf ;Az ts3• `• mm tr m LEON W. SIEVERS can'• N E; PLS 23520 v = • 23520 _ yy, Mao CD al w '' � PION o. 7vA( LAND . TEMPORARY CONSTRUCTION WELD COUNTY DEPARTMENT ' 186? OF PUBLIC WORKS EASEMENT Tr WELD COUNTY ROADS 53 AT 60.5 INTERSECTION IMPROVEMENT PROJECT CHARLES&AGNES — -..___. _._ _.___ ACHZIGER PROJECT: SCALE: , C_0 N Y xc,as WELL]COUNTY,COLORADO — _ DATE: DRAWN BY: 6/6/2012 BiB ISHEET: 2of 3 TEMPORARY EASEMENT EXHIBIT-B ,._. ,.__.-.___. _._.___,._.....-._®u._...-___. P.O.C. W 1/4 CORNER Yy �r- 1 S4-T5S-R64W c A- ,FOUND 3 1/4"A.C. s��1 I I STAMPED #22098 19 BOX PLS 1989 IN MON. BOX Lao: L2 P.O.B. I is, /1 1 LINE TABLE N ,55.00in fj I RONALD LI N89'18'39°E 129.96' 800'41'21"E m:� I &PENNY L2 S00'41'21"E 40.00' N RAMSEY NN TEMPORARY m'm CONSTRUCTION EASEMENT O.to I OT B/RE-4075 21,174.94 sf./0.49 cc. m m 1 TIN, A Z'W z c Pp NW 1/4 IIIco co i I 1 a —PAIPY 1. CHARLES &AGNES ACHZIGER La / ca I 8— PARC.#096304000006 f r" K.. ::—.. RECP.#1915879 4 c� / I a /clip EXISTING 80' ma _ 1 RIGHT—OF—WAY cp— ma 22 An I I m I m c aq EXISTING 40.00' ROW LL X BK.1067/PG.505 40' 140' mz-2 $6C'I/4 ,..,'''" "/rty' RECP.#853639 N£af S4-7N-R644W ,-;.;�,peU•HEG SEP. 5, 1940 I e No" V ZO N0IL7 77\3 i N'• _ o . pi 1 RODGER ��` v. •� 23520 :I: in I g &BETH enN0 9, •� );_1-2 I I SHORT mss , .6 . 4 / • % I LOT A/RE-568 in:a.? C 1/4 CORNER NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT z //% I S4—T55—R64W A MONUMENTED LAND SURVEY OR LAND SURVEY I FOUND 3 1/4" A.C. PLAT. R IS INTENDED TO ILLUSTRATE THE STAMPED PLS #28258 ATTACHED PROPERTY DESCRIPTION ONLY. .56.00' I 2008 IN MON. BOX 800'41'21"E TEMPORARY CONSTRUCTION WELD COUNTY DEPARTMENT 1861 _ OF PUBLIC WORKS EASEMENT - I � WELD COUNTY ROADS 53 AT 60.5 �� ' INTERSECTION IMPROVEMENT PROJECT CHARLES&AGNES ' PROJECT: SCALE: ACHZIGER / RC-85 1"=100' WELD COUNTY,COLORADO COUNTY DATE: DRAWN BY: 1 6/6/2012 RIB SHEET: 2 of 2 MEMORANDUM 311—C J 0�.N T Y TO: Clerk to the Board DATE: August 23, 2012 FROM: Leon Sievers, Public Works Department SUBJECT: BOCC Consent Agenda Deed of Dedication and Temporary Construction Easement both with Charles L. Achziger and Agnes Lorene Archziger. RE: 2012-1954 Attached is one original agreement. M:\Francie\AgendaLeon-I.docx a,tda r -2 2 aoia -/9,,y DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Charles L. Achziger and Agnes Lorene Achziger whose address is 2868 Hidden Valley Drive, Loveland, Colorado 80538, being all of the owners of certain property in Weld County, Colorado, which is described in the attached exhibit"A", do hereby dedicate forever said property as parts of a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances, except existing easements, and warrants title to the same. EXCEPT RESERVING UNTO OWNERS the mineral estate under the Right of Way, including oil, gas and any and all water rights currently attached or associated with the Right of Way. ar es L. Ac iger, Ow er Ag es Lorene Achziger, O STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2012 by Charles L. Achziger and Agnes Lorene Achziger, Owners. Witness my hand and official seal. ^ J otary Public My commission expires: 00.66'1315:;.;,::c 'sry q 1Oy LEON W. `: SIEVES :may : Page I of 2 pages 3869780 Pages: 1 of 4 08/30/2012 11:25 AM R Fee:$0.00 Steve Moreno Clerk and Recorder, Weld County, Co VIIInY�1l I d'LW1tiGL *I 111111 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 Public Rights- of-Way or a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this 29th day of August , 2012 ATTEST: COUNTY OF WELD, A BODY CLERK COUNTY THE COMMISSIONER BOARD OF COMMISION R I� � sf[, s"1/4COR ORATE AND E OF COLORADOITIC OF THE r3 THE COUNTY OF WELD BY: II/ ZL' i �.I_ .I�i._ . a ' BY: C� �J / Deputy Clerk-o the Board William F. Garcia, Chair prow BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD AUG 292012 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 29thday of August 2012,by William F. Garcia BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. (Chair Pro-Tem) Witness my hand and official seal. Nota ublic TONYA JOHNSON My commission expires: 10 --I_ a0 4 NOTARY PUBLIC STATE OF COLORADO Page 2 of 2 pag NOTARY ID 20104042756 MY COMMISSION EXPIRES OCi. 1, 2014 3869780 Pages: 2 of 4 08/30/2012 11:25 AM R Fee:$0.00 Steve Moreno.. Clerk and Recorder, Weld County. CO 'l :l�h I#LG41U %M VP III o?D/�-/951 EXHIBIT-A SW 1/4 S4-T5N-R64W PROPERTY DESCRIPTION RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 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. 1915879 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER AS BEARING SOUTH 00'43'43" EAST A DISTANCE OF 2662.21 FEET TO THE SOUTHWEST CORNER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'18'39" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 30.03 FEET; THENCE SOUTH 00'41'21" EAST A DISTANCE OF 40.00 TO A POINT WHICH INTERSECTS THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 53 AND THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 60.5 AND BEING THE POINT OF BEGINNING. THENCE NORTH 89'18'39" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 99.93 FEET; THENCE SOUTH 44'16'17" WEST A DISTANCE OF 134.25 FEET; THENCE SOUTH 00'43'43" EAST A DISTANCE OF 1573.19 FEET; THENCE SOUTH 89'16'17" WEST TO A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 53 A DISTANCE OF 5.00 FEET; THENCE NORTH 00'43'43" WEST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 1668.19 FEET TO THE POINT OF BEGINNINI;. SAID PARCEL CONTAINS 12,850.02 sf. OR 0.30 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. O1111I I! LEON W. SIEVERS ��\\tit' �/ PLS 23520 \ ti o Os J �9v'; = 3869780 Pages: 3 of 4 (D 23520 17,..:55.; 08/30:2012 11:25 AM R Fee:$0.00 �� Steve Moreno, Clerk and Recorder, Weld County CO � Ell tll%!IV ill\illieli �'i�N O %I GIRD V*Iiii l ��uI I %o/VALI LA�so ,, RIGHT-OF-WAY � WELD COUNTY DEPARTMENT ACQUISITION ' 1861 OF PUBLIC WORKS I Lti rli WELD COUNTY ROADS 53 AT 60.5 ' .1 INTERSECTION IMPROVEMENT PROJECT CHARLES&AGNES ACHZIGER � '.Lr!! ✓ail: PROJECT: SCALE: - WELD COUNTY,COLORADO C O U N T Y - RC-85 DATE: DRAWN BY: 6/6/2012 MB SHEET: I oft EXI-IIBIT-A SW I/4 S4-T5N-R64W EXISTING 70' EXISTING 80' RIGHT-OF-WAY7 RIGHT-OF-WAY: _ _ P.O.C. a _ N89'18'39"E 2638.98' M _WCR 60.3 �7or o_ W 1/4 CORNER I L3 S4-T5S-R64W C 1/4 CORNER- FOUND 3 1/4" A.C. S4-T5S-R64W STAMPED PLS #22098 I I \., '` FOUND 3 1/4" A.C. 1989 IN MON. BOX I I ' STAMPED PLS #28258 I I 2008 IN MON. BOX II ADDITIONAL I RIGHT-OF-WAY 4P EXISTING 60' I I 12,850.02 sf./0.30 ac. RIGHT—OF—WAY I r.---6 5'i ,I I � j m N I r CHARLES &AGNES ACHZIGER PARC.#096304000006 STEPHEN& LUANN I 31 w RECP.#1915879 ZEIINDER I . ,nI ;,1 LOT B/RE-3600 I • NI .4- IM I oI o LINE TABLE I zl U LI N89'18'39"E 30.03' L2 S00'41'21"E , 40.00' yY I I L3 N89'18'39"E 99.93' L4 S44'16'17"W 134.25' J I I L5 S 6'17"W 5.00' SW J/4 S2 vvvvv IvIII]/ 347NV RS4W am SE 1/4 REGIS «, aI� O 10 v a_- 7 fF�1Z3494 I zF9 ew°is I N w Is". N _toys �ft� 1 wl° I6 X :_i 3520 .E 01 V .+o-,- I 8.m '',/ to** SS/ONALt, „o— L. I .,,iii,,,. N� SW CORNER I v IDOL S4-T5S-R64W I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT CA v FOUND 3 1/4" A.C. 5 A MONUMENTED LAND SURVEY OR LAND SURVEY ID = STAMPED CDOT PLS #10740 PLAT. IT IS INTENDED TO ILLUSTRATE THE roma• 1996 IN MON. BOX-- ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION 1861 W OF PUBLIC WORKS WELD COUNTY ROADS 53 AT 60.5 INTERSECTION IMPROVEMENT PROJECT CHARLES&.AGNES PROJECT: SCALE ACHZIGER ✓1 RC-a5 r=loo WELD COUNTY,COLORADO G_p Lo T Y DATE: DRAWN BY: l 6/6/2012 IHB SHEET: 2 of 2 TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between Charles L. Achziger and Agnes Lorene Achziger, whose address is 2868 Hidden Valley Drive, Loveland, Colorado 80538 Grantor 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, Grantee. Grantor hereby grants to the Grantee, its contractors, agents and all others deemed necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction Easement is for shaping and grading a roadside ditch on Weld County Road 60'1, installation of a roadway culvert and installation of a siphon culvert in and to, over, under and across the following described land: SEE TEMPORARY EASEMENT EXHIBIT "A" and "B" Together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement. Said temporary easement is subject to the following conditions and covenants: 1. Said Temporary Construction Easement shall commence on June 30, 2012, and shall expire and be of no further force or effect on April 1, 2013, or at the end of the construction, whichever is earlier. 2. During the term of this temporary easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structures which may interfere with Grantee's full enjoyment of the rights hereunder. 3. As a condition of the granting of this Temporary Construction Easement, the Grantee covenants and agrees to restore said lands to a level comparable to its original condition. 4. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, successors and assigns. 5. Grantee will reimburse the Grantor the sum of Six Hundred and no/100 ($600.00) dollars for the execution of the Temporary Construction Easement. Page 1 of 2 page IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this Temporary Construction Easement shall extend to and be binding upon the heirs, executors, administrators successors and assigns of the respective parties hereto. Charles L. Achzige , er Ag,rfes Lorene Achziger, Owng7/<� STATE OF COLORADO ) )ss COUNTY OF W t, ) The foregoing instrument was acknowledged before me this 3ot`'day of , 2012, Charles L. Achziger and Agnes Lorene Achziger, Owners. Witness my hand and official seal. Cam, N c Gc � Notary Public ca My commission expires: >_ —13 LEON V1/. .: SIEVERS ktf0! CL+O� GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. ATTEST: .ca.. .71 COUNTY OF WELD, STATE OF COLO O, ("TEE deputy Clem ; C +y William E Garcia, Chair, Board of County Commissioners. Palm AUG 2 9 2012 Page 2 of 2 pages &OA;- /25 TEMPORARY EASEMENT EXHIBIT-A PROPERTY DESCRIPTION TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 5, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF RECORDED EXEMPTION NO. 0963-05-04-RE3600 AND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3170170 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 5, TOWNSHIP 5 NORTH, RANGE 64 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER AS BEARING SOUTH 89'00'06" WEST A DISTANCE OF 5214.94 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 5, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'00'06" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 1630.02 FEET; THENCE SOUTH 00'59'54" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 60.5 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THENCE SOUTH 13'51'14" EAST A DISTANCE OF 30.77 FEET; THENCE SOUTH 89'00'06" WEST A DISTANCE OF 17.65 FEET; THENCE NORTH 00'59'54" WEST TO A POINT ON THE SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 30.00 FEET; THENCE NORTH 89'00'06" EAST ALONG SAID RIGHT—OF—WAY LINE A DISTANCE OF 10.81 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 426.91 st. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. \\\\\\1\1111111! � �PpO•RE, LEON W. SIEVERS �� UJ, PLS 23520 ✓- 23520 I,mow TEMPORARY CONSTRUCTION u. WELD COUNTY DEPARTMENT EASEMENT 1$61 OF PUBLIC WORKS WELD COUNTY ROADS 53 AT 60.5 INTERSECTION IMPROVEMENT PROJECT CHARLES&AGNES PROJECT: SCALE: , ACHZIGER RC-85 Ill WELD COUNTY,COLORADO �' U NI T Y DATE: DRAWN BY: 1 3/22/2012 JHB SHEET: lOf 2 TEMPORARY EASEMENT EXHIBIT-A NE //4 S5-7W-R64W LOT C/RE-3527 C:ORPORAT ION OF Till LOT B/RE-3527 W 1/4 CORNER PRFSIDINE BISHOP OF E 1/4 CORNER S5-T5S-R64W THE CI IURCI I C F JESUS CHRIST S5-T5S-R64W FOUND 2 1/2" A.C. OF LATTER DAY SAINTS FOUND 3 1/4" A.C. STAMPED PLS #28656 STAMPED PLS #22098 1994 IN MON. BOX 1989 IN MON. BOX VCR r,1i :_ _589'00'06"W 5214.94' - _ _ . _ _ . _ . .1630.02'_ _ - BASIS OF BEARINGS I P.O.B. '' P.O.C. L5 EXISTING 70' _ira RIGHT—OF—WAY L3 SE L4 S5.7Y-R6414' TEMPORARY CONSTRUCTION EASEMENT 426.91 sf. STEPHEN& LUANN Pil ZGIINDER LOT B/RE-36OO 1.i�1i Ili 11 CHARLES &AGNES `�pOQ,R / l /;., ACHZIGER PARC.#096305400060 -9:vc9 '•RECP.#1650545 7-' LOT A/RE-3600 feeN • 23520 _ RECP.#3170170 7-30-(Z...:8?", „„„ NA,'LA \or\ LINE TABLE LI SOO'59'54"E 30.00' L2 513'51'14"E 30.77' L3 S89'00'06"W 17.65' L4 NOO'59'54"W 30.00' L5 N89'00'06"E 10.81' 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 CONSTRUCTION WELD COUNTY DEPARTMENT . EASEMENT *86k OF PUBLIC WORKS WELD COUNTY ROADS 53 AT 60:5 CHARLES&AGNES INTERSECTION IMPROVEMENT PROJECT 1 ACHZIGER PROJECT: SCALE: WELD COUNTY,COLORADO U N T Y RC-85 1"=50 DATE: DRAWN BY: 3/22/2012 JHB SHEET: 2 of 2 TEMPORARY EASEMENT EXHIBIT-B PROPERTY DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND, LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 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. 1915879 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMFNCING AT THE WEST ONE-QUARTER CORNER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER AS BEARING NORTH 89'18'39" EAST A DISTANCE OF 2638.98 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 64 WEST ALSO DESCRIBED AS SHOWN; THENCE NORTH 89'18'39" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER A DISTANCE OF 129.96 FEET; THENCE SOUTH 00'41'21" EAST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 60.5 A DISTANCE OF 40.00 TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 89'18'39" EAST A DISTANCE OF 891.62 FEET; THENCE SOUTH 00'41'21" EAST A DISTANCE OF 56.00 FEET; THENCE NORTH 80'05'35" WEST A DISTANCE OF 250.16 FEET; THENCE SOUTH 89'18'39" WEST A DISTANCE OF 564.02 FEET; THENCE SOUTH 00'41'21" EAST A DISTANCE OF 55.00 FEET; THENCE SOUTH 89'18'39" WEST A DISTANCE OF 146.62 FEET; THENCE NORTH 44'16'17" EAST A DISTANCE OF 91.86 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 21,174.94 sf. OR 0.49 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 �„ C� N; PLS 23520 • 23520 • ss TEMPORARY CONSTRUCTION WELD COUNTY DEPARTMENT EASEMENT � X861 !� OF PUBLIC WORKS � WELD COUNTY ROADS 53 AT 60.5 CHARLES&AGNES INTERSECTION IMPROVEMENT PRO.JECT PROJECT: SCALE: ACHZIGER V T Y RC-85 WELD COUNTY,COLORADO I • _ O ULI :___T. DATE: DRAWN BY: 6/6/2012 JHB SHEET: 2of TEMPORARY EASEMENT EXHIBIT-B WCR .5318_ . . .__.... _.._....� - P.O.C. W 1/4 CORNER VF IC i S4-T5S-R64W 03 Fib,, I FOUND 3 1/4" A.C. gPitimilms- up. 9/ u5 0° I I I STAMPED PLS #22098 1989 IN MON. BOX CA 1.2 f a P.O.B. I cn I LINE TABLE ro 55.00'/1 I RONALD LI N89'18'39"E 129.96' SOO'41'21"E m.Fo I &PENNY N L2 S00'41'21"E 40.00' RAMSEY TEMPORARY 1 I00- CONSTRUCTION EASEMENT / o.� I LOT B/RE-4075 21,174.94 sf./0.49 ac. m''" zIm I Z a, z Nco NW I/4 cn 03 hp- m I ,94-73N-R64W rorp I CHARLES & AGNES ACHZIGER co PARC.#096304000006 f 1 RECP.#1915879 4 I EXISTING 80' 0 D I RIGHT-OF-WAY rn b) o N I N I EXISTING 40.00' ROW N • BK.1067/PG.505 40' I 40' SW1/4 "'" RECP.#853639 I 7W-R64D6' < U:.,PJy-•HE� es.. SEP. 5. 1940 : r--R ---1 N: 7.7. o RODGER 23520 N. I &BETH -9,• -7 Z��,�2‘,.±: I SHORT 'fJ'' G ✓�- I LOT A/RE-568 En P C 1/4 CORNER z /i I S4-TSS-R64W NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT // I FOUND 3- 1/4" A.C. A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE STAMPED PLS #28258 ATTACHED PROPERTY DESCRIPTION ONLY. /56.00' I 2008 IN MON. BOX S00'41'21"E WELD COUNTY DEPARTMENT TEMPORARY CONSTRUCTION 1861 e OF PUBLIC WORKS EASEMENT --- WELD COUNTY ROADS 53 AT 60.5 INTERSECTION IMPROVEMENT PROJECT CHARLES&AGNES PROJECT: SCALE: ACHZIGER r T y RC-85 1^ 100' WELD COUNTY,COLORADO G U�- DATE: DRAWN BY: 6/6/2012 JHB SHEET: 2of2 Hello