HomeMy WebLinkAbout20072151.tiff RESOLUTION
RE: APPROVE SPECIAL WARRANTY AND QUIT CLAIM DEEDS FOR SALE OF
RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN
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 Special Warranty Deed and a Quit Claim
Deed for the Sale of Right-of-Way from 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,
to the Colorado Department of Transportation (CDOT), commencing upon full execution, with
further terms and conditions being as stated in said Special Warranty and Quit Claim Deeds, and
WHEREAS, after review, the Board deems it advisable to approve said Special Warranty
and Quit Claim Deeds, 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 Special Warranty and Quit Claim Deeds for the Sale of Right-of-Way
from 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, to the Colorado Department of
Transportation (CDOT) be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Special Warranty and Quit Claim Deeds.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 30th day of July, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEOQ COUNTY, COLORADO
ATTEST: 44' �c ew.11 . oci
Weld County Clerk to the - � c_ vid E. Long, Chair
_ �11
'.
4 j illii . Jr e, P •-Tem
BY: _(/
Deputy Clerk to the Board
Will ri . a cia
AP ED AS T • {X
Robert D. Masden
minty Attorney ar) .n
star-
g-15-7O1 Douglas Rademacher
Date of signature:
2007-2151
EGp056
MEMORANDUM
' TO: Clerk to the Board DATE: 7/24/2007
C.
COLORADO FROM: Leon Sievers, Right-of-Way Agent
SUBJECT: Agenda Item
Special Warranty Deed and Quit Claim Deed with CDOT for ROW acquired for Project No.
STA 052A-027, State Highway 52.
Enclosed are two, duplicate original Special Warranty Deeds and Quit Claim Deeds. Please
return an executed, original agreement as soon as it is signed.
The appropriate documentation is attached.
M:\Francie\Agend-Leon.doc
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2007-2151
224
SPECIAL WARRANTY DEED
THIS DEED, made this 30thday of July 2007,between The County of Weld,
A Body Corporate and Politic of the State of Colorado grantor, and The
Department of Transportation, State of Colorado,whose legal address is 4201 E.
Arkansas Ave of the City and County of Denver and State of Colorado,grantee:
WITNESS, that the grantor, for and in consideration of the sum of$1.00 (one and no/I00) 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 their heirs and assigns forever, all the real property, together
with improvements,if any, situate, lying and being in the County of Weld, State of Colorado,described as follows:
Parcel 2 (See Attached Legal Description Designated as Exhibit"A"
Project STA 052A-027 SA 15859
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 their heirs and assigns forever. The grantor, for themselves, their heirs, personal representatives, successors and
assigns, does covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession of the grantee, their heirs and assigns, against all and every person or
persons claiming the whole or any part thereof,by,through or under the grantor(s).
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
ATTEST: LAW p COUNTY OF WELD,A BODY
CLERK TO THE BOARD OF E�s RPORATE AND POLITIC OF THE
COUNTY COMMISSIONERS TE OF COLORADO
THE COUNTY OF WELD
1861 (Si ST Z%--1
By: 'vi , 'N
Cler the and David E.Long, Chair,BOA Or
COUNTY COMMISSIONER •
THE COUNTY OF WELD
07/ 0/2007
STATE OF COLORADO
County of WELD
The foregoing instrument was ackn•r%:. �•r +::_. e this 30th day of July , 2007, by David F Long, Chair,
BOARD OF County COMMISSI! :e•'S OFTTH• LINTY OF WELD
N Y
Witness my hand and official seal\sq:?UBLIG ;'
My commission expires: '•.CpF
commission Expires May 75,2010 � /Jite ot_HBO 11111 INDIUM III 111111 111111 III "III IIII IIII
3498224 08/20/2007 01:19P Weld County, CO
1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
&Oc7-4/S/
EXHIBIT"A"
PROJECT NUMBER: STA 052A-027
PARCEL NO. 2
PROJECT CODE: 15859
DATE: May 16, 2007
PROPERTY DESCRIPTION
(1 of 3)
A parcel of land, for State Highway No. 52 (S1152) Right-Of-Way,being Parcel No. 2 of
the Colorado Department of Transportation Project No. STA 052A-027, located in the
Southeast Quarter (SE1/4) of Section Thirty-six (36), Township Two North (T.2N,),
Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6"P.M.),Town of
Frederick, County of Weld, State of Colorado, and being more particularly described as
follows:
COMMENCING at the Southeast corner of said Section 36 and assuming the East line
of said SEI/4, being monumented by a#6 rebar with a 2 I/2" aluminum cap stamped "LS
24305, 2002" on the South end and a 2" diameter pipe with a 3 IA" brass cap stamped
"L513446" on the North end, as bearing North 00°01'37" East, being a Grid Bearing of
the Colorado State Plane Coordinate System, North Zone, North American Datum
1983/92, a distance of 2657.54 feet with all other bearings contained herein relative
thereto:
THENCE North 00°01'37" East along said East line a distance of 120.20 feet to the
Northerly Right-of-Way (ROW) line of said SH52 as described in that Warranty Deed
(WD) recorded March 1, 1960 in Book 1552 at Page 140 of the records of the Weld
County Clerk and Recorder (WCCR);
THENCE South 89°51'58" West along said Northerly ROW line a distance of 103.70
feet to a Point of Curvature (PC);
THENCE continuing along said Northerly ROW line along the arc of a curve which is
concave to the South a distance of 52.02 feet,said curve having a radius of 11510.00 feet,
a central angle of 00°15'32" and a long chord bearing South 89°44'11" West a distance
of 52.02 feet to the Easterly ROW line of said WCR13 as described in that WD recorded
April 17, 1980 in Book 900 as Reception No. 1822483 of the records of the WCCR, said
point being the POINT OF BEGINNING;
THENCE continuing along said Northerly ROW line and continuing along the arc of a
curve which is concave to the South a distance of 142.30 feet, said curve having a radius
of 11510.00 feet, a central angle of 00°42'30" and a long chord bearing South 89°15'10"
West a distance of 142.30 feet to the Westerly ROW line of said WCR13 as described in
said WD recorded April 17, 1980 in Book 900 as Reception No. 1822483;
A it
a_ llie
M:\2004295\property descriptions\ROW-WCRI3-PROP-DESC.doc , \ ""ta ,
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1111111 11111 111111 111111 III 111111 111111 III Halt IIII
3498224 08/20/2007 01:19P Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
•
(2 of 3)
The following Two (2) courses and distances are along said Westerly ROW line:
THENCE North 44°35'33"East along a line being non-tangent to aforesaid curve, a
distance of 44.81 feet;
THENCE North 00°00'09" West a distance of 33.84 feet to the beginning point of a
curve, said curve being non-tangent to aforesaid line;
THENCE along the arc of a curve which is concave to the South a distance of 80.01 feet,
said curve having a radius of 6091.50 feet, a central angle of 00°45'09" and a long chord
bearing North 89°08'21" East a distance of 80.01 feet to said Easterly ROW line;
The following Two (2) courses and distances are along said Easterly ROW line:
THENCE South 00°00'09" East a distance of 34.41 feet;
THENCE South 45°08'01" East a distance of 43.50 feet to the POINT OF
BEGINNING.
Said parcel contains 6,194 sq. ft., or 0.142 acre, more or less (±), and is subject to any
rights-of-way or other easements of record or as now existing on said described parcel of
land.
SURVEYOR'S STATEMENT
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state
that this ProErty Description was prepared under my personal supervision and checking,
and th tiirSfyinn• correct to the best of my knowledge and belief.
;45
2• :4ti:.N A ..t
(\ • ' 34995
Steve USs q chaff of King Surveyors, Inc.
Colorado e stered Professional
Land Surveyor#34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 2004295
M:\2004295\property descriptions\ROW-WCR13-PROP-DESC.doc
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111111111111111111111111 III 111111111111 III IIIH IIII IIII
3498224 08/20/2007 01:19P Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
- PARCEL NO. 2 EXHIBIT A WELD COUNTY
PROJECT NO. STA 052A-027 SEY4 SEC. 36, T.2N., R.68W.
- - 40" N£LO COUNTY ROAD R/GNT-OF-H'AY(B4>4 P113) _ — CH
TOWN OF FREDERICK REC. NO. 2545749
— BASIS OF BEARINGS: N00'01'37"E 2657.54'
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!•,,,,,••^"" •• T.• NOTE: This exhibit drawing Is = I o�
, ."•\1 :.NA•4G;: ` not intended to be a W
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),.•* 0_, monumented land survey. It's Fa„ II �N ^
�� r - sole purpose is as a graphic N I _,� M
tIt 4 - representation to aid in the O
'a - ) ,' ,� �� visualization of the written I III x" 0
, ,� property description which it I II 0
SY" accompanies. The written I o w
Steven'+•.. t, q,, �'ehalf of King Surveyors, Inc. propert description I m m
Colorado rofessional supersedes the exhibit
Land Surveyor #34995 drawing. 6I5II
1 ICING SURVEYORS, INC. PROJECT NO:2004295
DATE: 05/16/07
650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU
phone: (970) 686-5011 I fax: (970)686-5821 DWG:ROW—WELD COUNTY ROAD 13
1111111 11111 111111111111 III 111111111111 III IIIII IIII IIII DRAWN:MCD CHECKED: SAL
3498224 08/20/2007 01:19P Weld County, CO
4 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
COLORADO DEPARTMENT OF TRANSPORTATION
RIGHT-OF-WAY
TO BE ACQUIRED
FROM
PARCEL NO. 7 WELD COUNTY
FOR
PROJECT NO. STA 052A-027 STATE HIGHWAY NO. 52
STA 487+47.81 -522+20.90 PROJECT CODE: 15859
M:\2004295\property descriptions\ROW-CDOT#7_5-16-07.doe
Last printed 5/18/2007 3:55 PM
1111111 11111 111111 111111 III 111111111111 III 111111111 Ill
3498224 08/20/2007 01:19P Weld County, CO
5 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 0700 /5%
225
QUITCLAIM DEED
THIS DEED,made this30tlgay of July,2007, between The County of
Weld, A Body Corporate and Politic of the State of Colorado grantor, and The
Department of Transportation, State of Colorado whose legal address is 4201 E.
Arkansas Ave.of the City and County of Denver and State of Colorado,grantee,
WITNESS, that the grantor, for and in consideration of the sum of $1.00 (one and no/100)DOLLARS,the receipt and
sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does
remise, release, sell and QUITCLAIM unto the grantee their heirs, successors and assigns forever, all the right,title, interest,
claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and
being in the County of Weld and State of Colorado, described as follows:
Parcel 7 (See Attached Legal Description Designated as Exhibit"A"
Project STA 052A-027 SA 15859
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor,
either in law or equity,to the only proper use,benefit and behoof of the grantee their heirs and assigns forever.
IN WITNESS EREOF,the antor has executed this deed on the date set forth above.
fr/a �
-.
ATTEST: i/ �'. J/ �S.OUNTY OF WELD,A BODY
CLERK TO THE BOARD OF♦` - w® 1I RPORATE AND POLITIC OF THE
COUNTY COMMISSIONE• :/• �Y +, TE OF COLORADO
•a..
THE COUNTY OF WELD ' ���: ��
BY !___ all t,a L.. tir .I.
Cl-. to the yoard VP( \*� David . Long,Chair,B OF
-.bass-.bass � COUNTY COMMISSION S OF
THE COUNTY OF WEL
07/30/2007
STATE OF COLORADO
County of WELD " kON
y : •• .:,
The foregoing instrument was _}. d q be'pr• e this 30th day of July , 2007, by David E. Long, Chair,
BOARD OF County COMMI`:.IQN TI-IE t!S UNTY OF WELD
i
•
Witness my hand and official sa_ '••. PUBLIC ,`
••.
My commission expires: =. •• 1,C�,F Cp yNp"9� 1
F :
My Cnmmtuion gown May 16,2010
0
Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5,C.R.S.)
No.933.Rev.4-94.QUITCLAIM DEED Page I of I 1111111 11111 111111 III III II 111111 I IIIII I III I I III III I IIII
3498225 08/20/2007 01:19P Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT"A"
PROJECT NUMBER: STA 052A-027
PARCEL NO. 7
PROJECT CODE: 15859
DATE: May 16,2007
PROPERTY DESCRIPTION
(1 of 3)
A parcel of land,for State Highway No. 52(SH52) Right-Of-Way,being Parcel No. 7 of the
Colorado Department of Transportation Project No. STA 052A-027, located in the Southwest
Quarter (SW1/4) of Section Thirty-one (31),Township Two North(T.2N.),Range Sixty-seven
West (R.67W.) of the Sixth Principal Meridian (6'h P.M.),Town of Frederick, County of Weld,
State of Colorado,and being more particularly described as follows:
COMMENCING at the Southwest corner of said Section 31 and assuming the West line of said
SW1/4,being monumented by a#6 rebar with a 2 1/2" aluminum cap stamped"LS 24305,2002"
on the South end and a 2" diameter pipe with a 3 14"brass cap stamped"LS13446" on the North
end, as bearing North 00°01'37"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/92, a distance of 2657.54 feet with
all other bearings contained herein relative thereto:
THENCE North 89°44'44"East along the South line of said SWl/4 a distance of 237.45 feet to
the intersection with the Southerly extension of the Westerly line of that parcel of land described
as No.9 of Dept. of Highways' project No. S 0030(8) [Sic] in that Quitclaim Deed (QCD)
recorded March 1, 1960 in Book 1552 at Page 135 of the records of the Weld County Clerk and
Recorder (WCCR),said point being the POINT OF BEGINNING;
THENCE North 00°45'34"West along said Southerly extension a distance of 40.00 feet to the
Southwest corner of said parcel No. 9;
THENCE North 89°44'44"East along the Southerly line of said parcel No. 9 a distance of 25.00
feet to the Southeast corner of said parcel No. 9;
THENCE North 00°45'34"West along the Easterly line of said parcel No.9 and along the
Easterly line of that parcel of land described in that Warranty Deed (WD)recorded July 7, 1989
as Reception No. 02184751 of the records of the WCCR and along the Westerly Right-of-way
(ROW) line of Town of Frederick Main Street as described in that QCD recorded October 19,
1915 in Book 414 at Page 113 of the records of the WCCR a distance of 145.64 feet;
THENCE North 89°51'58"East a distance of 40.00 feet to the Westerly line of that parcel of land
described as No. 11 of Grantee's (Department of Highways) Project No. S 0300 (8) [Sic] in that
Special Warranty Deed (SWD) recorded March 1, 1960 in Book 1552 at Page 133 of the records
of the WCCR,said Westerly line being the Southerly extension of the Easterly ROW line of said
Main Street;
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M:\2004295\property descriptions\ROW-COOT#7_5-16-07.doc
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1 111111 11111 IIIIII IIIIII III IIIIII IIIIII III VIII IIII IIII
3498225 08/20/2007 01:19P Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
(2 of 3)
THENCE South 00°45'34"East along the Westerly line of said parcel No. 11 and along the
Westerly line of that parcel of land described as No. 10 of Grantee's (Department of Highways)
Project No.S 0030 (8) [Sic] in that SWD recorded February 29, 1960 in Book 1552 at Page 66 of
the records of the WCCR also being along said Southerly extension a distance of 145.56 feet to
the Southwest corner of said parcel No. 10;
THENCE North 89°44'44"East along the Southerly line of said parcel No. 10 a distance of
100.43 feet (deed= 100.0 feet) to the Westerly line of that parcel of land described as No. 11-A
of Colorado Department of Highways Project No. S 0030 (8) [Sic] in said SWD recorded in Book
1552 at Page 133,said point being the Southeast corner of said parcel No. 10;
THENCE South 00°45'34"East along the Westerly line of said parcel No. 11-A a distance of
40.00 feet to the South line of said SW1/4, said point being the Southwest corner of said parcel
No. 11-A;
THENCE South 89°44'44"West along the South line of said SW1/4 a distance of 165.43 feet to
the POINT OF BEGINNING.
Said parcel contains 12,441 sq. ft., or 0.286 acre,of which 12,441 sq.ft.,or 0.286 acre are in the
Right-of-Way of the present road leaving a net area of 0 sq.ft.,or 0.000 acre, more or less (±),
and is subject to any rights-of-way or other easements of record or as now existing on said
described parcel of land.
SURVEYOR'S STATEMENT
I,Steven A. Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Desscrip ion was prepared under my personal supervision and checking, and that it is true
and co ' r�eirfs f my knowledge and belief.
0/401/1.
crfAtt,
k 3492'5
On
Steve N..t` alf of King Surveyors,Inc.
Colorado watered' rofessional
Land Surveyor#34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 2004295
M:12004295\property descriptions\RO W-CDOT#7_5-16-07.doc
Last printed 5/18/2007 3:55 PM 1111111
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3498225 08/20/2007 01:19P Weld County, CO
3 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
WELD COUNTY
PARCEL NO. 7 y 052A-027 EXHIBIT A S%% SEC. 31, T.2N., R.67W.
PROJECT C
I I
/WEST QUARTER CORNER I 30' RIGHT-OF-WAY I o
// SEC. 31, T.2N., R.68W. PER ACCEPTED ROAD VIEWER'S REPORT
I / DATED 4-17-1884
I/ 1 I RECORDED 4-18-1884 B48 P109
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S?A1�HIGHWAY STATE HIGHWAY NO. 52 _ J STATE HIGHWAY NO. 52
RIGHT—OF—WAY RIGHT—OF—WAY
NO. 52 (B1552 P135 & LICENSE #43613-2) (31552 P66 & B1552 P133)
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SOUTHWEST CORNER 12,441 sq./t. I�
SEC. 31, T.2N., R.68W. J 0.286 acre N J
POINT OF COMMENCEMENT Jr
N89'44'44'E 237.45' L8 II
_ _ SOUTH QUARTER CORNER I L
/i // POINT OF SEC. 31, T.2N., R.68W.
- - - - 1 / (3 of 3) BEGINNING I
KING SURVEYORS, INC. PROJECT NO:2004295
nnnDATE: 05/16/07
*, 650 Garden Drive I Windsor,Colorado 80550 CLIENT:FHU
DWG:ROW—CDOT #7_5-16-2007
111111111111111111111111 III 11111111111111111111 IIII IIII DRAWN: MCD CHECKED:SAL
3498225 08/20/2007 01:19P Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
COLORADO DEPARTMENT OF TRANSPORTATION
RIGHT-OF-WAY
TO BE ACQUIRED
FROM
PARCEL NO. 2 WELD COUNTY
FOR
PROJECT NO. STA 052A-027 STATE HIGHWAY NO. 52
STA 487+47.81 -522+20.90 PROJECT CODE: 15859
M:\20042951property descriptions\ROW-WCRI3-PROP-DESC.doc
Last printed 5/16/2007 12:57 PM
1111111 11111 IIIIII IIIIII III Inn III BE IM IIII
3498225 08/20/2007 01:19P Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
COLORADO DEPARTMENT OF TRANSPORTATION
RIGHT-OF-WAY
TO BE ACQUIRED
FROM
PARCEL NO. 2 WELD COUNTY
FOR
PROJECT NO. STA 052A-027 STATE HIGHWAY NO. 52
STA 487+47.81 -522+20.90 PROJECT CODE: 15859
M:\2004295\property descriptions\ROW-WCR13-PROP-DESC.doc
Last printed 5/16/2007 12:57 PM
1 111111 11111 111111111111 III 111111 111111 III VIII 1111 II11
3498225 08/20/2007 01:19P Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Hello