HomeMy WebLinkAbout20092509.tiffRESOLUTION
RE: APPROVE ACCEPTANCE OF QUIT CLAIM DEED FOR ACQUISITION OF
RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 386 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - LOST CREEK LAND AND
CATTLE COMPANY
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 a Quit Claim Deed Concerning the
Acquisition of Right -of -Way for Certain Improvements to County Road 386 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 Lost Creek Land and Cattle Company, P.O. Box 85,
Roggen, Colorado 80652, with terms and conditions being as stated in said deed, and
WHEREAS, after review, the Board deems it advisable to approve acceptance of said deed,
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 Quit Claim Deed Concerning the Acquisition of Right -of -Way for Certain
Improvements to County Road 386 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 Lost Creek Land and Cattle Company be, and hereby is, approved and accepted.
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 September, A.D., 2009.
ATTEST:
Weld County Clerk to t
BY
Deputy Cle
APP
County Attorney
0& C
Date of signature ./V/ C/
1861
B
to the Board
David E.
BOARD OF C• NTY COMMISSIONERS
WELD CO ,/OLORADO
William F. Garcia, Chair
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ugla7Radem�f her, Pro-Tem
tconwa
BaK'ata Kirkmeyer
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Long
2009-2509
G0060
Pe_ /D /, / /o q
COLORADO
MEMORANDUM;
TO: Clerk to the Board
DATE: Septeni'li i gi?22169 A II: 55
FROM: Leon Sievers, Public Works Department
SUBJECT: Agenda Item
Quit Claim Deed with Lost Creek Land and Cattle Company dated September 15, 2009, for
right-of-way acquisition on WCR 386.
Enclosures
NI \Francie\ngend-Leon doc
2009-2509
478
QUIT CLAIM DEED
THIS DEED is made this tr day of •etF k (2009, between Lost Creek Land and
Cattle Company, a Colorado General Partnership whose address is PO Box 85, Roggen,
Colorado 80652, party of the first part and Weld County, Colorado, a body politic and corporate
of the State of Colorado, whose address is 915 10th Street, Greeley, Colorado 80631, party of the
second part.
WITNESSETH, that the said party of the first part, for sufficient consideration, the
receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed
and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT
CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the
right, title, interest, claim and demand which the said party of the first part has in and to the
parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit:
All of the real property described in the attached Exhibit "A."
TO HAVE AND TO HOLD the same, together with all the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to
the only proper use, benefit and behoof of the said party of the second part, heirs and assigns
forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
OWNER:
Lost Creek Land and Cattle Company
7
Page I of 3 pages
Philip K. Sotel, G neral Partner
11111111111111111111111111111IIII 1311111 11111 It IIII
3654478 10/16/2009 02:26P Weld County, CO
1 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
0200`/ -as()
STATE OF CALIFORNIA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2009, by Lost Creek Land and Cattle Company, Philip K. Sotel, General Partner.
see- a l-�V, ) f th-vitriWlf tT CcAtit
Notary Public
My commission expires: WO . 441 / %0 � .-.
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 deeded property as Public Rights of Way or a
Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this 23rd day of September , 2009.
ATTEST:
CLERK TO THE BOARD
COUNTY COMMISSION
TILE COUNTY OF WELD
BY:
Deputy Cle
o the Board
COUNTY OF WELD, A BODY
\ CORPORATE AND POLITIC OF THE
STATE OF COLORADO
BY:
Page 2 of 3 pages
111111111111 11111111111111111 IIII 111111 III 1111111111111
illiam F. Garcia, Chair
BOARD OF COUNTY COMMISSIONER
OF THE COUNTY OF WELD
09/23/2009
3654478 10/16/2009 02:2612 Weld County, CO
2 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
„>?aO9 - aD9
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 23rd day of
September , 2009 by William F. Garcia, BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF WELD.
Witness my hand and official seal.
C
My commission expires:
My Commission Cnsres May 15 2010
Pag 3 of 3 pages
111111111111111111111111111111111111111III 1111111111111
3654478 10/16/2009 02:26P Weld County, CO
3 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
ACKNOWLEDGMENT
State of California
County of Los Angeles SS.
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On September 1 5, 2009 before me,
personally appeared
ANN M. ,
Commission t 1613754
Notary Public • C*NIetMs
Los Angela Cowry
M Comm.
Place Notary Seal Above
Ann M Worley, Notary Public
(Name and title of the officer)
Phillip K. Sotel
Name(s) of Signer(s)
Who proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that he executed the
same in his authorized capacity, and that by
his signature on the instrument the person, or
the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the forgoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature L
OPTIONAL INFORMATION
Description of Attached Document QlliiT �(� I i ] bcn'cI
Number of Pages
Document Date f p-Ki the 15) C c)
11111111111111111111111111111 liii 111111 III 11111 liii IIII
LO 1.1' --
Signature of Notary Public
Embosser Seal
3654478 10/16/2009 02:26P Weld County, CO
4 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT -A
SW I/4 S32-T3N-R62W
NW 1/4 S5-T2N-R62W
A PROPERTY DESCRIPTION OF WELD COUNTY ROAD
386 AS IT PRESENTLY EXISTS
RIGHT OF WAY
A STRIP OF LAND 60 FEET IN WIDTH LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 5,
TOWNSHIP 2 NORTH, RANGE 62 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 62 WEST AND
BEING A 3 1/4" ALUMINUM CAP STAMPED DOUGLAS HOOS LS#27269 AND IS BASED ON A GRID BEARING
TO THE NORTHWEST CORNER OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 62 WEST AS BEARING NORTH
0'58'19" WEST A DISTANCE OF 10,503.08 FEET, TO THE NORTHWEST CORNER OF SAID SECTION 32, BEING
A 2 1/2" ALUMINUM CAP STAMPED GREEN HORN & OMER'A INC. LS#28656;
THENCE NORTH 20'00'24" EAST A DISTANCE OF 3462.45 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY -#2 AND BEING THE POINT OF BEGINNING:
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 86'32'33" WEST A DISTANCE OF 30.13 FEET
TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 386;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 08'52'22" WEST A DISTANCE OF 534.13 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY -#76;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 87'56'10" EAST A DISTANCE OF 60.42 FEET
TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 386;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 08'52'22" EAST A DISTANCE OF 532.65 FEET
TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY -#2;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 86'32'33" WEST A DISTANCE OF 30.13 FEET
TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 32,003.4 SQ. FT. OR 0.735 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 AND IS BASED ON INFORMATION OBTAINED BY AN ACTUAL FIELD
SURVEY.
LEON W. SIEVERS
PLS 23520
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23520
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)X/11. LAPA
I111111VIIIIIIIIIVIII111111IIII111111IIIVIIIIIII
3654478 10/16/2009 02:26P Weld County, CO
5 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Reco
RIGHT-OF-WAY ACQUISITION
LOST CREEK LAND & CATTLE CO.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 386
PROJECT
PROJECT: SU-20
SCALE 1"=200'
DATE:
AUG 25, 2009
DRAWN BY:
DRH /JHB
SHEET.
I of 2
III
der
EXHIBIT -A
SW 1/4 S32-T3N-R62W
NW I/4 55-T2N-R62W
OtS&Duo
T3N R62W
4
5 30 S 29
531 S 32
PL5 28656
19
cc
a 00
CO
v
76
1. O
CO
CO CO
I FOUND 2 1/2" ALUM. CAP
Y.' 18" DEEP STAMPED
t
EXISTING WELD COUNTY ROAD 386
C ERV! PNJERFRLSTE INC
S EE4714r% /-7
SOUTH RIGHT-OF-WAY LINE
LOST CREEK LAND & CATTLE CO
LINE TABLE
L1
586'32'33'W
30.13'
L2
586'32'33"W
30.13'
N RT R.0 W. OF WY
COOT ROW MARKER —'
--1AEL--L`oNC. POST
BURLINGTON NORTHERN
SANTA_FE_RAIL_ROAD_
ootit,
O Fo'�.
FOUND 3 1/4" ALUM. CAP 4ti.yo-
18" DEEP STAMPED
o4. N005/
T2N
O.6
5 6 S 5
5 7
5 8
a.. R62W
c2. 1999
O
3N
ton\
RIGHT-OF-WAY ACQUISITION
LOST CREEK LAND & CAII LE CO.
50*
L1
N87'56110"E
60.42'
LAST CREEK LAND & C477LE CO
LAST CRS L4ND & 04777E CO
L2
ACQUIRED RIGHT—OF—WAY
32,003.4 sf±
D
to
w
v
POINT OF BEGINNING
----------------- ----------------
_O:�,iJ
'�J N
23520
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL
DESCRIPTION ONLY.
COLORADO
WELD COUNTY PUBLIC WORKS
DEPARTMENT
WELD COUNTY ROAD 386
PROJECT
PROJECT
SU-20
SCALE,
1"=200'
DATE:
AUG 25, 209
DRAWN BY:
DRH /JHB
SHEET,
2 of 2
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