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Home My WebLink About20082739.tiff RESOLUTION RE: APPROVE REAL PROPERTY DONATION, SPECIAL WARRANTY DEED, AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO BRIDGE 13/54A OVER THE BIG THOMPSON RIVER, AND AUTHORIZE CHAIR TO SIGN - COULSON EXCAVATING, INC. 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 Real Property Donation, Special Warranty Deed,and Temporary Construction Easement for Improvements to County Bridge 13/54A over the Big Thompson River, 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 Coulson Excavating, Inc., 2165 14th Street SE, Loveland, Colorado 80537, with terms and conditions being as stated in said donation, deed, and easement, and WHEREAS, after review, the Board deems it advisable to approve and accept said donation, deed, and easement, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Real Property Donation, Special Warranty Deed, and Temporary Construction Easement for Improvements to Bridge 13/54A over the Big Thompson River,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 Coulson Excavating, Inc., be, and hereby are, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said donation and easement. 2008-2739 EG0058 ee Pt / f1-f,L �L o /31 (0R- REAL PROPERTY DONATION, SPECIAL WARRANTY DEED, AND TEMPORARY CONSTRUCTION EASEMENT - BRIDGE 13/54A OVER THE BIG THOMPSON RIVER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of October, A.D., 2008. „7, BOARD OF COUNTY COMMISSIONERS In k,f :, WELD COUNTY, COLORADO ATTEST: ItteibtAO);\ 7 ��-�' 1861 ;Ca. lliam H. Jerke, Chair Weld County Clerk to the B r 14� , TL �,� XCUSED-- ifRobert /Man, Pro-Tem BY: h Board Wi i . Garcia DAS OR • c•t V.eiN David E. Long 'o orney EXCUSED Douglas Rademacher ,/ Date of signature: 101510�{j 2008-2739 EG0058 a MEMORANDUM CTO: Clerk to the Board DATE: October 7, 2008 • COLORADO FROM: Leon Sievers, Public Works SUBJECT: Agenda Item Special Warranty Deed and Temporary Easement with Coulson Excavating, Inc. for the improvements to Bridge 13/54A Project over the Big Thompson River on Parcel 1 & TE-1 Attached is the appropriate documentation. Enclosures M:\Francie\Agend-Leon.doc 2008-2739 132 w Inge COLORADO Public Works Department Ill H Street P.O. Box 758 Greeley, Colorado 80632 REAL PROPERTY DONATION Project Code: 14989 Parcel No: 1 &TE-1 Location: WCR 13 & Big Thompson River Project Number: BRO C030-031 Property owners whose real property is needed for a transportation improvement project may donate ail of any part of the property to The County of Weld, A Body Corporate and Politic of the State of Colorado or may donate (waive receipt of) all or any portion of just compensation due the owner for the property required for the project. Where the property owner wishes to use the donation for a tax deduction, the owner should seek advice from the Internal Revenue Service or a tax expert regarding the current rules for valuation. It is the property owners' responsibility to ascertain the fair market value of the property for tax purposes and the County will pay the reasonable cost of an appraisal for tax purposes if the value of the acquisition is estimated by the County at$5,000 or more and the appraisal is prepared by an independent appraiser. If the property is contaminated, the costs to clean up such contamination will not exceed the value of the property. Donation of the property, more particularly described in Exhibit A which is attached hereto and incorporated herein, to the County of Weld, is made voluntarily and with full knowledge of the right to receive just compensation. The undersigned, hereby releases, Weld County from obtaining an appraisal of the acquired property, waives the right to receive an appraisal other than an appraisal for tax purposes as described above, and waives the right to receive just compensation for the property. The undersigned hereby agrees to execute the necessary conveyance instruments to transfer said property free and clear of all liens and encumbrances. By: rFrytrearic0e/' S '.l 6, wog 'Signature of Property Owner Date Title: CES4Lro u L5ni t `Cxcla,xr-'i\ t''_ CO Pkz,k Pc- ACCEPTED FOR THE COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO r 10/13/2008 William H. Jerke, Chair Date Attachment(Exhibit A) HBO VIII IIIIII 11111 IIII IIIIII IIIIII III VIII IIII IIII 3585132 10/20/2008 11:55A Weld County, CO 1 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder SPECIAL WARRANTY DEED THIS DEED,dated/7167, between Coulson Excavating Inc., A Colorado Corporation, grantor, and the County of Weld, A Body Corporate and Politic of the State of Colorado, whose legal address is 915 10th St., Greeley Colorado 80631 County of Weld and the State of Colorado,grantee: WITNESS,that the grantor,for and in consideration of the sum of$1.00(One and no/100t)DOLLARS,the receipt and sufficiency of which is hereby acknowledged, has granted,bargained, sold and conveyed,and by these presents does grant,bargain, sell,convey and confirm unto the grantee, its heirs and assigns forever,all the real property, together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: (See Attached Legal Description Exhibit"A"dated May 18,2008 for:) Project BRO C030-031 Parcel 1 Legal Description Project Code 14989 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right,title, interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,its heirs and assigns forever.The grantor,for it self,its heirs,personal representatives,successors and assigns,do covenant and agree that it shall and will WARRANT AND FOREVER DEPEND the above bargained premises in the quiet and peaceable possession of the grantee,its heirs and assigns a.inst all and every person or persons claiming the whole or any part thereof,by,through or under the grantor. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. LA( f'�c`� U/,/rrr/', cEo Coulson Excavating Compa Inc.,A Colorado Corporation STATE OF COLORADO COUNTY OF VTELB e 0' The foregoing instrument was acknowledged before me this is-1- day of a 4- z 2008, by R)ekpp Cc:AA Soa CIO OOuL501tycnMwa-a r� C0Pita n j lr�. Witness my hand and official seal. ir1tarur0Nnupr,' My commission expires:Y\Nor 2-d, "an) b � M e fl �oTARY.Z� N�\ PUBLIG:p filicrizturs000 George G. Smith Jr. 1391 Speer Blvd., Suite 390 Denver CO Land Surveyor# 19003 Name and Address of Person Cleating Newly Created Legal Description(§38-35-106.5,CS.) No.16.Rev.¢94. SPECIAL WARRANTY DEED Page 1of1 111111111111111111111111111111111111111 11111 liii liii 3585132 10/20/2008 11:55A Weld County, CO 2 of 8 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder COLORADO DEPARTMENT OF TRANSPORTATION REALPROPERTY TO BE ACQUIRED FROM PARCEL NO. 1 COULSON EXCAVATING STA 22+00 TO STA 30+00 COMPANY, INC., A COLORADO CORPORATION FOR PROJECT NO. BRO C030-031 WELD COUNTY BRIDGE 13/54A 11111111111111111111111111111111111111 �� 11111 �� 1 3585132 10/20/2008 11:55A Weld County, CO 3 of 8 R 0.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT"A" PROJECT NUMBER: BRO C030-031 PARCEL NUMBER: 1 PROJECT CODE: 14989 DATE: May 18,2008 DESCRIPTION Parcel of land No. 1 of the Department of Transportation, State of Colorado,Project No. BRO C030-031 containing 102,153 square feet,more or less,being a portion of the parcel of land recorded under Reception No. 02090322 of the Weld County Clerk and Recorder's Office, located in the SW'/4 of Section 19, Township 5 North, range 67 West, of the Sixth Principal Meridian, in Weld County, Colorado, said parcel being more particular described as follows: The East forty(40')feet of the West seventy (70')feet of the parcel of land as described in Reception No. 02090322 of the aforementioned records. The above described parcel contains 102,153 square feet,more or less. Basis of bearings: The East line of the Southeast quarter of Section 24, Township 5 North,Range 68 West of the 6th Principal Meridian,bearing North 00°29'32" East, between a found 21/2" Aluminum Cap stamped "LS 17662" at the Southeast corner of said Section 24 and the calculated position based on monument record ties at the East quarter corner of said Section 24. For and on behalf of the Department of Transportation George G. Smith Jr.,PLS#19003 Harris Kocher Smith 1391 Speer Blvd., Suite 390 Denver, Colorado 80204 (303)623-6300 11111111111111111 111111111111111111111 III 11111 IIII II11 3585132 10/20/2008 11:55A Weld County, CD 4 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2 PROJECT NO: BRO C030-031 LOCATION: WCR 13 and Big Thompson TEMPORARY EASEMENT NO: TE-1 PROJECT CODE: 14989 TEMPORARY EASEMENT KNOW ALL MEN BY THESE PRESENTS, Coulson Excavating Company Inc., A Colorado Corporation of the County of Larimer, State of Colorado, hereinafter called the "Grantors", for and in consideration of the sum of ONE DOLLAR($1.00), and other valuable consideration to Grantors in hand paid by Weld County Colorado hereinafter called the "County", receipt of which is hereby acknowledged, has given and granted and by these presents does hereby give and grant unto the said County a Temporary Construction Easement on, along, over and across the following described premises, to-wit: See Attached Exhibit "A" dated May 18, 2008 Project No: BRO C030-031 Temporary Easement No: TE-1 Project Code: 14989 This Temporary Easement shall begin when the construction for the above mentioned Project commences and shall expire 30 days after completion of said construction or by Dec. 31, 2009 whichever comes first. Signed this 1st day of dca-ob a , 2008 2 t2)6A.cwwX C&,•tsoa CE6 (Property Owners or Owner's Representative) 111111 111111 III IIIII'I" III 3585132 10/20/2008 11:55A Weld County, CO 5 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder c0F - .-5(73 ACCEPTANCE GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. — --,__ ik r` w ' ATTEST: COUNTY OF WELD, STATE OF i / : ) COLORADO, GRANTEE t t A 2f _"/ Deputy Cler to the Board <.:. William H. Jerke, Chairman, Board of County Commissioners. 10/13/2008 1mill 111iiiiu141: iiiiiiiiiiiiiiiiiiiiiiiiiiii 3581 a 1012012008 8 of 8 R 0.00 D 0.00 Steve Moreno Clerk COLORADO DEPARTMENT OF TRANSPORTATION TEMPORARY EASEMENT TO BE ACQUIRED FROM TE_1 COULSON EXCAVATING STA 24+50 TO STA 28+50 COMPANY,INC., A COLORADO CORPORATION FOR PROJECT NO. BRO C030-031 WELD COUNTY BRIDGE 13/54A 1 111111 11111 111111 1111 1111 111111 111111 III 11111 I I I I HI I I 3585132 10/20/2008 11:55A Weld County, CO 7 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1 EXHIBIT"A" PROJECT NUMBER: BRO C030-031 TEMPORARY EASEMENT NO.TE-1 PROJECT CODE: 14989 DATE: May 18,2008 DESCRIPTION Temporary Easement No. TE-1 of the Department of Transportation, State of Colorado, Project No. BRO C030-031 containing 3,828 square feet, more or less, being a portion of the parcel of land as recorded under Reception No. 02090322 of the Weld County Clerk and Recorder's Office, located in the SW 'A of Section 19, Township 5 North, range 67 West, of the Sixth Principal Meridian, in Weld County, Colorado, said parcel being more particular described as follows: Commencing at the Southwest corner of said Section 19,Thence N. 00°29'32"E., along the west line of the Southwest quarter of said Section 19, a distance of 1446.24 feet; Thence S. 89°30'28"E.,a distance of 70.00 feet to the POINT OF BEGINNING; 1. Thence N. 00°29'32"E., a distance of 382.75 feet; 2. Thence S 89°30'28" E., a distance of 10.00 feet; 3. Thence S. 00°29'32"W. , a distance of 382.75 feet; 4. Thence N. 89°30'28"W., a distance of 10.00 feet to the POINT OF BEGINNING. The above described parcel contains 3,828 square feet, more or less. Basis of bearings: The East line of the Southeast quarter of Section 24, Township 5 North,Range 68 West of the 6th Principal Meridian,bearing North 00°29'32" East, between a found 21/2" Aluminum Cap stamped "LS 17662" at the Southeast corner of said Section 24 and the calculated position based on monument record ties at the East quarter corner of said Section 24. For and on behalf of the Department of Transportation George G. Smith Jr.,PLS#19003 Harris Kocher Smith 1391 Speer Blvd., Suite 390 Denver, Colorado 80204 (303) 623-6300 11111 111111 11111 IIII 111111111111 III 11111 IIII IIII 3585132 10/20/2008 11:55A Weld County, CO 8 of 8 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 2 Hello