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HomeMy WebLinkAbout20253592 Resolution Approve Acceptance of Warranty Deed for Public Road Right-of-Way for County Road 29 Improvements Project, between State Highway 392 and County Road 74 — Lee and Ruby Lindblad 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 Warranty Deed for Public Road Right-of-Way for the County Road 29 Improvements Project, between State Highway 392 and County Road 74, 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 Lee and Ruby Lindblad, with further terms and conditions being as stated in said deed, and Whereas, after review, the Board deems it advisable to approve and accept 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 Warranty Deed for Public Road Right-of-Way for the County Road 29 Improvements Project, between State Highway 392 and County Road 74, 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 Lee and Ruby Lindblad, be, and hereby is, approved and accepted. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 31st day of December, A.D., 2025: Perry L. Buck, Chair: Aye �,.•��•�, Scott K. James, Pro-Tem: Excused �� \. Jason S. Maxey: Aye f't Lynette Peppier: Aye Kevin D. Ross: Excused �'�, "';i ern r ,t( / Approved as to Form: N:� Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5076352 Pages: 1 of 1 cc : Pw CMG 01/08/2026 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO C4-\ KN / o(3 / 2025-3592 RIFAMII CO MO M S(3), c A cgg/Km) EG0083 of /og/ aCO wig '� MEMORANDUM "� TO: Esther Gesick, Clerk to the Board DATE: 12/19/25 f- FROM: Erich Green & Val Mino Public Works Department COUNTY SUBJECT: BOCC Agenda Item —Acceptance of Lee& Ruby Lindblad - Warranty Deed - Contact ID 10083 The BOCC approved the Memorandum of Agreement for the purchase of ROW from Lee and Ruby Lindblad as part of the WCR 29 - HWY 392 to WCR 74 Improvements Project on November 17, 2025. This acquisition was completed at an informal closing, so the final warranty deed for this acquisition must be accepted by the BOCC by resolution. The Public Works Dept. will have a representative available at the meeting to answer any questions. 2025-3592 12/3 ( EGi00 3 D "'RRANTY DEED THIS DEED made this day of+,1 ,20tt 5,made between Lee E.&Ruby H.Lindblad whose legal address is 13313 HWY 392 Greeley,CO 80631 of the County of Weld in the State of COLORADO,grantor(s), Exempt from Documentary Fee and WELD COUNTY,COLORADO whose legal address is 1150 O Street,Greeley,CO 80631 of the County of WELD in the State of COLORADO,grantee: WITNESS,that the grantor,for and in consideration of the sum of One Dollar and no/100...($1.00)DOLLAR,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 successors,heirs and assigns forever,all the real property, together with improvements,if any,lying and being in the County of WELD and the State of COLORADO,described as follows: See attached Exhibit"A"dated June 16,2025 for: Project Number: SFT-13 I Project Code: N/A I Parcel Number: 080516300058 also known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,on 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, and the grantees heirs and assigns forever. The grantor, for itself, and the grantor's heirs, assigns and personal representatives,does covenant,grant,bargain,and agree to and with the grantee,the grantees heirs and assigns,that at the time of the ensealing and delivery of these presents,grantor is well seized of the premises above conveyed,has good, sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes assessments,encumbrances and restrictions of whatever kind or nature soever,except: Excepting from the subject property described herein as Exhibit"A",the mineral estate and including all coal,oil,gas and other hydrocarbons,and all clay and other valuable mineral in or under said subject property.The grantor hereby covenants and agrees that the grantee shall forever have the right to take and use,without payment of further compensation to the grantor,any and all sand,gravel,earth,rock and other road building materials found in or upon said subject property and belonging to the grantor. The grantor further covenants and agrees that no exploration for, or development of any of the products,as described above, and owned by the grantor heretofore or hereafter the date set forth above and hereby excepted, will ever be conducted on or from the surface of the premises as described as Exhibit"A",and that in the event any of such operations may hereafter be carried on beneath the surface of said premises,the grantor shall perform no act which may impair the subsurface or lateral support of said premises.These covenants and agreements hereunder,shall inure to and be binding upon the grantor and its heirs,personal and legal representatives,successors and assigns forever. The grantor shall and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,the grantee's heirs and assigns,against all and every person for persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. �° .g Lee E.Lindblad Ruby H. blhd STATE OF COLORADO 1 ss. County of Weld r Q The foregoing instrument was acknowledged before me this this I f day of 124et 44114 •, 20 ,by Witness my hand and official seal. My commission expires: ot-ia-at@c JADEN ASHLYNN CHAMBERS Notary Public xO` 5- 35907 Notary Public State of Color _ otary ID#20264030816 5076353 Pages: 1 of 3 My Commis: n Expires 08-12-2029 01/08/2026 09:57 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII Farigi1i liiireRCRIVI MINN/ kid BM EXHIBIT-A PROPERTY DESCRIPTION TWO PARCELS OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF SPECIAL WARRANTY DEED, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4781636, DATED DECEMBER 02, 2021, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL-A COMMENCING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF SAID SOUTHEAST ONE-QUARTER AS BEARING NORTH 00.03'10" WEST, A DISTANCE OF 2634.00 FEET, TO THE EAST ONE-QUARTER CORNER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE NORTH 37.10'24" WEST, A DISTANCE OF 49.71 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF HIGHWAY 392, DESCRIBED IN RIGHT-OF-WAY DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 1144073, DATED DECEMBER 11, 1952, AND ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 29, DESCRIBED IN BOARD OF COUNTY COMMISSIONERS RECORDERS FILED UNDER BOOK 2, PAGE 398, DATED JULY 08, 1881, AND BEING THE TRUE POINT OF BEGINNING, THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, SOUTH 8915'20" WEST, A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY UNE, NORTH 44'36'05" EAST, A DISTANCE OF 56.91 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY UNE OF SAID COUNTY ROAD 29; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY UNE, SOUTH 00'03'10" EAST, A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 800 sf. OR 0.018 ac. MORE OR LESS. PARCEL-B EXISTING RIGHT-OF-WAY COMMENCING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 6 NORTH. RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST UNE OF SAID SOUTHEAST ONE-QUARTER AS BEARING NORTH 00'03'10" WEST, A DISTANCE OF 2634.00 FEET, TO THE EAST ONE-QUARTER CORNER OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE NORTH 3710'24" WEST, A DISTANCE OF 49.71 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF HIGHWAY 392, DESCRIBED IN RIGHT-OF-WAY DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE AT RECEPTION NUMBER 1144073, DATED DECEMBER 11, 1952, AND ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 29, DESCRIBED IN BOARD OF COUNTY COMMISSIONERS RECORDERS FILED UNDER BOOK 2, PAGE 398, DATED JULY 08, 1881, AND BEING THE TRUE POINT OF BEGINNING THENCE ALONG THE WESTERLY RIGHT-OF-WAY UNE OF SAID COUNTY ROAD 29, NORTH 00'03'10" WEST, A DISTANCE OF 40.00 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY UNE, NORTH 88'59'09" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE EAST UNE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 17; THENCE ALONG SAID EAST SECTION UNE, SOUTH 00'03'10" EAST, A DISTANCE OF 40.14 FEET, TO A POINT ON THE NORTHERLY RIGHT-O-WAY UNE OF SAID HIGHWAY 392; THENCE DEPARTING SAID EAST SECTION UNE AND ALONG SAID NORTHERLY RIGHT-OF-WA . ! TH 89'15'20" WEST, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,202 sf. OR 0.028 ac. MORE OR LESS. •'• i� •- V;THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. 8 13 Ste•' 3 DANIEL R. HOLMES �••' .�o- PLS 38213 /O461i.LAW S RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION +4),286.1100OF PUBLIC WORKS ') % r. ! - WCR 29- HWY 392 TO WCR 74 PROJECT LINDBLAD f Lr , PROJECT NO: SFT-I3 SCALE: WELD COUNTY,COLORADO 1 O 0 0_N T Y DATE: 6-16-25 DRAWN BY:DRH SHEET: 1 oft 5076353 Pages: 2 of 3 01/08/2026 09:57 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO WI INFAMMIl'it:INV hl'w'1 Bill • EXHIBIT-A .••.,.. ....- 4�" WEST ONE-QUARTER CORNER ' y' S16-76N-R66W FOUND 3 1/4" ALUMINUM CAP LS22098, 1995 'a /3 IN A MONUMENT BOX o'".'‘....4:-/7-.4.,v: ' s NATURAL GAS ASSOCIATES Z / ' RECP.#2003155,3.25-1985 J1•''•.f'Q^•:��:Z��•''•• PIPELINE EASEMENT Q /O'Y^IL LAS APPROXIMATE LOCATION 03 O O LA_ Ch E E. & RUBY H. �,g N LINDBLAD <Z� N JACKSON Ce j Q I m PARC.#080517000023 I I I I RECP.#4781636 SWD 12-02-2021 1111 ! , I V I \IA�0 XISTING 60' S DCP OPERATING COMPANY,LP RIGHT OF WAY `6 RECP.#4321793,7-27-2017 I I B.O.C.C. BK. 2,PG. 398 41 40'40'PIPELINE EASEMENT I 30.00' 30.00' I JULY 08, 1881 LINE TABLE 140.00' LINE BEARING DISTANCE I I A'1111 bbd L1 N3710'24 W 49.71' I I $r6`� L2 S89'15'20"W 40.00' I I I I $16'� PARCEL-B 1 L3 N44'36'05"E 56.91' L4 SO0'03'10"E 40.00' i I L5 N88'59'09"E 30.00' I fI L6 SO0'03'10"E 40.14' EXISTING RIGHT—OF—WAY ACQUIRED 1,202 sf. OR L7 S89'15'20"W 30.00' PARCEL—A L5 I ACQUIRED—WAY �' I 800 sf. OR L3 0.018 ac.± �j L4 L6 I 0.028 ac.± -- — L2 L7 -- RIGHT-OF-WAY DEED RECP.#1144073, DEC. 11, 1952 P.O.B. PARCEL L1 H W Y 392 S88'42'54" A & B W 2640.72' P.O.C. CALCULATED POSITION SOUTHEAST CORNER SOUTH ONE-QUARTER CORNER S17-T6N-R66W FOUND 2 1/2" S17-T6N-R66W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE ALUMINUM CAP LS22098, WITNESS IN MONUMENT BOX CORNER 39.0' TO THE SOUTH I __ DOLES&HOOD I INOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. I IT IS INTENDED TO ILLUSTRATE THE ATTACHED I PROPERTY DESCRIPTION ONLY. RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 1861 OF PUBLIC WORKS WCR 29-HWY 392 TO WCR 74 PROJECT LINDBLAD WELD COUNTY,COLORADO N T Y PROJECT NO: SFT-13 SCALE: 1"=50 GOU DATE: 6-16-25 DRAWN BY:DRH SHEET: 2 of 2 5076353 Pages: 3 of 3 01/08/2026 09:57 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ill l���Q f�rL ITIViii:Di P4A F K1P�RV ii di W�h 11111 Hello