HomeMy WebLinkAbout20050983.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 23 AND AUTHORIZE CHAIR
TO SIGN ANY NECESSARY DOCUMENTS - RICHMAR WINE, LLC
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 an Agreement Concerning Purchase of
Right-of-Way for Certain Improvements to Weld County Road 23, a Temporary Construction
Easement and Quit Claim Deed between the County of Weld,State of Colorado, by and through the
Board of County Commissioners of Weld County, and Richmar Wine, LLC, 31703 Weld County
Road 23, Greeley, Colorado 80631, with further terms and conditions being as stated in said
Agreement, Temporary Construction Easement and Quit Claim Deed, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
temporary construction easement and accept said Quit Claim Deed, 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 Agreement Concerning Purchase of Right-of-Way for Certain
Improvements to Weld County Road 23 and the Temporary Construction Easement 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 Richmar Wine, LLC, be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the Quit Claim Deed be, and hereby is, accepted.
2005-0983
EG0052
(ti ; A)/-il n, AL 0q/3�5
APPROVE VARIOUS DOCUMENTS CONCERNING PURCHASE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO WCR 23 - RICHMAR WINE, LLC
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
r t
� ' �U'"" ''
William H. J e, Chair
,a� Clerk to the Board
iii .
rBY: /- ' IE Xi
Deputy lerk to the Board
Da
VED AS TO FO O•11 '
NI)—
Z"--a;_____ Robert D. Masd n
' C n Attorney -�P-P �—
Glenn Vaad c____---
Date of signature: /`e
2005-0983
EG0052
a
MEMORANDUM
TO: Clerk to the Board DATE: March 14, 2005
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Agreement, Temporary Easement, and Quit Claim Deed with Richmar Wine LLC for WCR 23.
The appropriate documentation is attached.
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M.Trancfe\Agend-Leon.doc
2005-0983
1j
AGREEMENT
CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 23 BETWEEN RICHMAR WINE, LLC. AND WELD COUNTY,
COLORADO
THIS AGREEMENT is made this / / day of / ' /QJIJ),2005,by and between Richmar
Wine, LLC, whose address is 31703 Weld County Road 23, Greeley, Colorado 80631, 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 915 10`h Street,
Greeley, Colorado 80631 hereinafter referred to as"County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 23, 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:
1) Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or
described on Exhibit"A",attached hereto and hereinafter referred to herein as the"Right-of-
Way" for the sum of Twenty One Thousand and no/100 ($21,000.00) dollars. This
consideration is being offered in lieu of condemnation
Page 1 of 3 Pages
1111111 11111 11111 IIII 111111 11111 1111111 III V111111I IIII
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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 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 agrees to pay the costs of title insurance and recording fees, if necessary as
determined by County.
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) General taxes for the year 2005 for the Right-of-Way shall be apportioned to the date of
delivery of the deed based on the most recent levy and the most recent assessment. Owner
represents and warrants that all general taxes levied prior to such year have been paid in full
by Owner.
8) Owner agrees to grant to County a Quit Claim Deed for all that property shown herein as
Exhibit"B"by using substantially the Quit Claim Deed form attached hereto.Owner agrees
to grant said Quit Claim Deed at no cost or fee to the County.
9) Owner agrees to grant to County a Temporary Construction Easement for all that property as
shown herein as Easement Exhibit "A". Owner agrees to grant said easement by using
substantially the Temporary Construction Easement form as attached hereto.County agrees
to reimburse the Owner the sum of Seven Hundred Twenty and no/100($720.00)dollars for
the execution of this Temporary Construction Easement.
10)County agrees to reimburse the Owner the sum of Four Thousand and no/100 ($4000.00)
dollars for the cost of an Owner secured partial acquisition appraisal of the parcels described
above as Exhibit"A", Exhibit "B"and Easement Exhibit"A".
Page 2 of 3 Pages
1111111 11111 11111 1111 111111 11111 1111111 III 11111 Illl 1111
3275784 04/08/2005 03:05P Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.
OWNER:
RICHMAR WINE, LLC.
G , (ilbnrn,pL
M lyn Weinmeister, Manager
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this /1 day of
MA11 C( , 2005, by Rid-mar Wine, LLC, Marilyn G. Weinmeister, Manager.
Witness my hand and official seal.
otary Public
My commission expires: S LEON W SIEVERS
c78•01.-os $ NOTARY PUBLIC i
pp ` $ STATE OF COLORADO
KGs
TEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
1861
• COUNTY OF WELD, STATE OF
® �, COLORADO, GRANTEE
Deputy Cl k to e Board William H. Jerke, Chairman, Board of
County Commissioners. 3/21/2005
- 2
-11111111111011111311111111111111111111111111111
11111111111111111III1111111111111111111I I111111II I 11111
3275784 04/08/2005 03:05P Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder L 9,4'3
EASEMENT EXHIBIT A
PROPERTY DESCRIPTION
(1 oft)
A strip of land Ten(10)feet in width and being part of the East Half of the Northeast Quarter(E1/2 NE1/4)of Section
Twenty-six (26),Township Six North(T.6N.), Range Sixty-seven West(R.67W.)of the Sixth Principal Meridian(6ib
P.M.),County of Weld, State of Colorado,and being more particularly described as follows:
BEGINNING at the Northeast Corner of said Section 26,and assuming the East line of the Northeast Quarter of the
Northeast Quarter(NE1/4 NEI/4)of said Section 26 as bearing South 00°19'09"East,being a Grid Bearing of the
Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 1319.29 feet with
all other bearings conlained herein relative thereto:
THENCE South 00°19'09"East along said East line a distance of 902.19 feet;
THENCE South 89°40'51"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of Weld County Road No.
23(WCR23),said point being the TRUE POINT OF BEGINNING;
THENCE South 00°19'09"East along said West ROW a distance of 554.92 feet;
THENCE South 89°40'51"West a distance of 10.00 feet to a point being 10 feet, as measured at a right angle,West of
said West ROW;
THENCE North 00°19'09"West along a line being 10 feet West of and parallel with said West ROW a distance of
554.01 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 East a distance of 111.06 feet,having a radius of 615.00
feet,a central angle of 10°20'47"and a long chord bearing North 05°29'33"West a distance of 110.91 feet to a Point
of Tangency(PT),said point being Twenty(20)feet,as measured at a right angle,West of said West ROW;
THENCE North 00°19'09"West along a line being 20 feet West of and parallel with said West ROW a distance of
228.26 feet to a Point of Curvature(PC);
THENCE along the arc of a curve which is concave to the Southwest a distance of 808.40 feet,having a radius of
515.00 feet,a central angle of 89°56'16"and a long chord bearing North 45°17'17"West a distance of 727.92 feet to a
PT,said point being 20 feet,as measured at a right angle,South of the South ROW of WCR66;
THENCE South 89°44'35"West along a line being 20 feet South of and parallel with said South ROW a distance of
755.79 feet to the West line of said E I/2 NE 1/4;
THENCE North 00°22'46"West along said West line a distance of 10.00 feet point being 10 feet,as measured at a
right angle, South of said South ROW;
THENCE North 89°44'35"East along a line being 10 feet South of and parallel with said South ROW a distance of
755.81 feet to a PC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 824.10 feet,having a radius of
525.00 feet,a central angle of 89°56'16"and a long chord bearing South 45°17'17"East a distance of 742.06 feet to a
PT, said point being 10 feet,as measured at a right angle,West of said West ROW;
THENCE South 00°19'09"East along a line being 10 feet West of and parallel with said West ROW a distance of
228.26 feet to a PC;
THENCE along the arc of a curve which is concave to the East a distance of 110.15 feet, having a radius of 605.00
feet,a central angle of 10°25'55"and a long chord bearing South 05°32'06"East a distance of 110.00 feet to the
TRUE POINT OF BEGINNING;
Said strip contains 24,654 sq. ft.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 CERTIFICATE
I,Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge
and belief.
at REGS^��
•
Charles B.Jones-On al King S ;Pi,In
•
Colorado Register skional •
Land Surveyor#22098
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN: 2003156-I 111111111111 Will 'III IUD llllJ 1111111 ill 11111
3275784 04/08/2005 03:05P Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
L:\2003156-I\legal descriptions\RICHMAR-TCE-LEGAL-DESC.doc
Last printed 1/19/2005 2:16 PM
TEMPORARY CONSTRUCTION EASEMENT RICHMAR WINE, LLG
Eh NO4 SEC. 26, T.6N., R.67W.
I (2 OF 2) I I
OIYENS-BiPOC.f'IYAi'GL9SSCONTA/NEiP,/NC
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/PEC NO 03/07514 I I
BASIS OF BEARINGS: S00'19'09"E 1319.29' _
-____ _ _ : WELD COUNT YROADNO. 23
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3275784 04/08/2005 03:05P Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
REG
@ �l Charles B. Jo' '
SQ Befi. . ing •urveyors, Inc.Z
200 100 0 200 � ;v 1 Q/�f�f(�
_ _ Colorado Regi: -S Profe =Iona' • a
1 "= 200' Land Surveyor '-a i`.At LAND
LYING SURVEYORS; INC. PROJECT NO:2003156-I
!.is- 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550
--•.... DATE: 01/19/2005
r PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:KBN ENGINEERS
I WWW.KINGSURVEYORS.COM DRRAWN:DAWN:EXHIBIT-RICHMAR WINE
MCD CHECKED: CBJ
785
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Richmar Wine, LLC., whose address is
31703 Weld County Road 23, Greeley, Colorado 80631, 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 915 10th 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 all work necessary for the relocation and reconstruction of Weld County Road
23 and 66, in and to, over, under and across the following described land:
SEE EASEMENT EXHIBIT "A"
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 February 15, 2005,
and shall expire and be of no further force or effect on December 31, 2005 or the
end of construction, which ever come first.
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 their
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 Grantor the sum of Seven Hundred Twenty and no/100
($720.00)dollars for the execution of this Temporary Construction Easement.
- 1 -
111111 VIII VIII IIII111111VIII1111111111lull III! llll
3275785 04/08/2005 03:05P Weld County, CO
1 of 4 ft 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER: RICHMpaAR WINE, LLC.
• Marilyn G. einmeister, Manager
Imo! Eta
Jul (f it CosS' C
• iin41/1414 OF WELD COUNTY, ST OFOF COUNTY OATE IONERS
COLORADO
Weld County Clerk to the Board
By:t/ .1��-- %ids J BY: -I-, /O-'1"--eDeputy Cle trk o the Board William H. Jerke, Chairman
3/21/2005
Page 3 of 3 Pages
1111111 1111111111 IIII 111111 11111 1111111 III IIII1 IIII IIII
3275785 04/08/2005 03:05P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,19DO-`� ..C2,1',9
EXHIBIT A
PROPERTY DESCRIPTION
(1 of2)
A parcel of land being part of the East Half of the Northeast Quarter(E112 NE1/4)of Section Twenty-six(26),
Township Six North(T.6N.),Range Sixty-seven West(R.67W.)of the Sixth Principal Meridian(61h P.M.),County of
Weld,State of Colorado, and being more particularly described as follows:
BEGINNING at the Northeast Corner of said Section 26,and assuming the East line of the Northeast Quarter of the
Northeast Quarter(NE1/4 NEI/4)of said Section 26 as bearing South 00°19'09"East,being a Grid Bearing of the
Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 1319.29 feet with
all other bearings contained herein relative thereto:
THENCE South 00°19'09"East along said East line a distance of 902.19 feet;
THENCE South 89°40'51"West a distance of 30.00 feet to the West Right-Of-Way(ROW)of Weld County Road No.
23 (WCR23),said point being the beginning point of a curve,said curve being non-tangent to aforesaid line,said point
also being the TRUE POINT OF BEGINNING;
THENCE along the arc of a curve which is concave to the East a distance of 110.15 feet,having a radius of 605.00
feet,a central angle of 10°25'55"and a long chord bearing North 05°32'06"West a distance of 110.00 feet to a Point
of Tangency(PT),said point being Ten(10)feet,as measured at a right angle,West of said West ROW;
THENCE North 00°19'09"West along a line being 10 feet West of and parallel with said West ROW a distance of
228.26 feet to a Point of Curvature(PC);
THENCE along the arc of a curve which is concave to the Southwest a distance of 824.10 feet,having a radius of
525.00 feet,a central angle of 89°56'16"and a long chord bearing North 45°17'17"West a distance of 742.06 feet to a
PT,said point being 10 feet,as measured at a right angle, South of the South ROW of Weld County Road No. 66
(WCR66),also known as Eastman Park Drive;
THENCE South 89°44'35"West along a line being 10 feet South of and parallel with said South ROW a distance of
755.81 feet to the West line of said E1/2 NEI/4;
THENCE North 00°22'46"West along said West line a distance of 10.00 feet to the intersection with said South ROW;
THENCE North 89°44'35"East along said South ROW a distance of 1066.07 feet;
THENCE South 84°15'09"East a distance of 45.60 feet to a PC;
THENCE along the arc of a curve which is concave to the South a distance of 81.00 feet,having a radius of 330.00
feet,a central angle of 14°03'49"and a long chord bearing South 77°13'15"East a distance of 80.80 feet to a Point of
Compound Curvature(PCC);
THENCE along the arc of a curve which is concave to the Southwest a distance of 75.00 feet,having a radius of 150.00
feet,a central angle of 28°38'52"and a long chord bearing South 55°51'55"East a distance of 74.22 feet to a PCC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 67.00 feet, having a radius of 125.00
feet, a central angle of 30°42'38"and a long chord bearing South 26°11'09"East a distance of 66.20 feet to a PCC;
THENCE along the arc of a curve which is concave to the West a distance of 97.25 feet, having a radius of 610.00 feet,
a central angle of 09°08'04"and a long chord bearing South 06°15'49"East a distance of 97.15 feet to said West
ROW,said line being non-tangent to aforesaid curve;
THENCE South 00°19'09"East along said West ROW a distance of 651.16 feet to the TRUE POINT OF
BEGINNING;
Said parcel contains 1.664 acres 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 CERTIFICATE
I,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge
and belief.
..-
•
Charles B.Jones-On Beh• '4K� '•.0 ors, �t. '.
•
•
Colorado Registered P . es i S
0.5tt ' ♦ .
Land Surveyor#22098 ��� 4( LAO
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN: 2003156-I 1111111 Ilill IIIII IIII 111111 11111 III 11111 IIII 1111
3275785 04/08/2005 03:05P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
L:\2003156-I\legal descriptions\RICHMAR-ROW-LEGAL-DESC.doc •
Last printed 1/19/2065 11:53 AM
RIGHT-OF-WAY RICHMAR WINE, LLC
EX NEY4 SEC. 26, T.6N., R.67W.
I (2OF2) II
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BASIS OF BEARINGS: S00'19'09"E 1319.29'
---- WELD COUNT YROADNO. 23
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3275785 04/08/2005 03:05P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
1.
its p01
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�` Charles B. Jones On = "� �T'K', •$ur 'i •rs, Inc.
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200 100 0 200 Sr . : m; /i ����
Colorado Register-• at - io •1 "= 200' J i! _ ii.
Land Surveyor #220' %%t*4t LAND
KING SURVEYORS; INC. PROJECT NO:2003156-I
C 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 01/19/2005
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:KBN ENGINEERS
I WWW.KINGSURVEYORS.COM DWG:EXHIBIT-RICHMAR WINE
DRAWN: MCD CHECKED: CBJ
QUIT CLAIM DEED
THIS DEED is made this 11 'V day of M*.uc , , 2005,between Richmar Wine, LLC,
whose address is 31703 Weld County Road 23, Greeley, Colorado 80631, 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"B".
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.
RICHMAR
il�C��HMAR WINE, LLC, OWNER
Ctni�p a 1 h 1Ja _ o n
Marilyn G6 Weinmeister, Manager
MOO 11111 11111III1111111111111111111 III 11111 it I I I I
3275783 04/08/2005 03:05P Weld County, CO
1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
o7D0S-C)9 cPS
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 4L day of /l44m.L1L. ,
20O, by Richmar Wine, LLC, Marilyn G. Weinmeister, Manager.
Notary Public
My commission expires: 08 '067 b 5 LEON W SIEVERS y
$ NOTARY PUBLIC
STATE OF COLORADO d
/
111111111111 11111III111111111111111111111111111 11111111
3275783 04/08/2005 03:05P Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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).
�, •C ELthis 71st day of March , 2005.
11161 If (4%'4) F, n n '
emeaff
COUNTY OF WELD, A BODY
41,7 3 '`HE BOARD OF CORPORATE AND POLITIC OF THE
a vl� OMMISSIONERS OF STATE OF COLORADO
OUNTY OF WELD
BY:/thlijJj✓ ba6bc BY:
Deputy Clerk o4" the Board William H. Jerke, Chair 3/21/2005
BOARD OF COUNTY COMMISSIONER
OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 62/ 57r day of
�iibecif , 2005 by William H. Jerke, Chair, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Witness my hand and official seal.
TZ \
Notary Public
My commission expi s: SHARON
KAHL
My Commission Espies May 15,2006
111111111111111111111111111111111111 111111111111
3275783 04/08/2005 03:05P Weld County, CO
3 0l 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
&oo -Df 8'3
EXHIBIT B
PROPERTY DESCRIPTION
(1 oft)
A parcel of land being part of the Northeast Quarter of the Northeast Quarter(NE1/4 NE1/4)of Section
Twenty-six (26), Township Six North (T.6N.), Range Sixty-seven West(R.67W.) of the Sixth Principal
Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows:
BEGINNING at the Northeast Corner of said Section 26, and assuming the East line of said NE 1/4 NE 1/4
/4
as bearing South 00°19'09"East, being a Grid Bearing of the Colorado State Plane Coordinate System,
North Zone,North American Datum 1983/92, a distance of 1319.29 feet with all other bearings contained
herein relative thereto:
THENCE South 00°19'09"East along said East line a distance of 902.19 feet;
THENCE South 89°40'51"West a distance of 30.00 feet to the West Right-Of-Way (ROW)of Weld
County Road No. 23 (WCR23);
THENCE North 00°19'09"West along said West ROW a distance of 651.16 feet to the beginning point of a
curve, said curve being non-tangent to aforesaid line, said point being the TRUE POINT OF
BEGINNING;
THENCE along the arc of a curve which is concave to the West a distance of 97.25 feet, having a radius of
610.00 feet, a central angle of 09°08'04"and a long chord bearing North 06°15'49"West a distance of
97.15 feet to a Point of Compound Curvature (PCC);
THENCE along the arc of a curve which is concave to the Southwest a distance of 67.00 feet, having a
radius of 125.00 feet, a central angle of 30°42'38"and a long chord bearing North 26°11'09"West a
distance of 66.20 feet to a PCC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 75.00 feet, having a
radius of 150.00 feet, a central angle of 28°38'52"and a long chord bearing North 55°51'55"West a
distance of 74.22 feet to a PCC;
THENCE along the arc of a curve which is concave to the South a distance of 81.00 feet,having a radius of
330.00 feet, a central angle of 14°03'49"and a long chord bearing North 77°13'15"West a distance of
80.80 feet to a Point of Tangency(PT);
THENCE North 84°15'09"West a distance of 45.60 feet to the South ROW of Weld County Road No. 66,
also known as Eastman Park Drive;
THENCE North 89°44'35"East along said South ROW a distance of 224.18 feet to said West ROW;
THENCE South 00°19'09" East along said West ROW a distance of 221.07 feet to the TRUE POINT OF
BEGINNING;
Said parcel contains 7,675 sq. ft. 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 CERTIFICATE
I,Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
Charles B. Jones-On : . m• :ul(r� 'rs, c.
���I i il!i •. fn � VC ✓
Colorado Registered '". ,s i.n.l - •
•
(7t/e2
Land Surveyor#22098
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
JN: 2003156-I 1111111 11111 11111 111 1111111 11111 1111111 111 11111 NMI
IIII
3275783 04/08/2005 03:05P Weld County, CO
4 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
L:\2003I56-I\legal descriptions\RICHMAR-PRESCRIPTIVE-LEGAL-DESC.doc
Last printed 1/19/2005 12:50 PM
RICHMAR WINE, LLC
PARCEL EXHIBIT
NEY4 NEY4 SEC. 26, T.6N., R.67W.
(20F2)
NORTHEAST CORNER 1
EAST SIXTEENTH CORNER SEC. 26, T.6N., R.67W.
SECTIONS 26 & 23, T.6N., R.67W. POINT OF BEGINNING I
_ WELDC_OUNJYRO_A_DNO. 66_
n _ 30' R.O.W. _(EASTMAIVAARIYDRIT�)
t
30' R.O.W. N89'44'35"E 224.18'
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LINE BEARING LENGTH I �I m o h
L1 589'40'51"W 30.00' 1`I 0131 v l�
L4 N84'15'09"W 45.60' I cn
.CURVE TABLE • Lb
CURVE LENGTH RADIUS DELTA CHORD CH BEARING I I L J C�
C3 81.00' 330.00' 14'03'49" 80.80' N77'13'15"W , I I 30i R.O.W. L
C4 75.00' 150.00' 28'38'52" 74.22' N55'51'55"W
C5 67.00' 125.00' 30'42'38" 66.20' N26'11'09"W 13 I I 30' R.O.W.
C6 97.25' 610.00' 09'08'04" 97.15' N06'15'49"W
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Colorado Registered j**Von. 7 I
10� • — I
Land Surveyor #22098 /1 p '4l''Coo S / I SECTIONS 25,SIXTEEN
CORNER
��..� I I T.6N., R.67W.
1YINC SURVEYORS, INC. PROJECT NO:2003156-I
Cknit- 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: 01/19/2005
--.44.1 PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:EXHIBIT-RICHMAR CLIENT:KBN ES
IWINE
WWW.KINGSURVEYORS.COM DRAWN: MCD CHECKED: CBJ
762
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Richmar Wine, LLC.,whose address is
31703 Weld County Road 23, Greeley, Colorado 80631,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.
RICHMAR WINE,
LLC
f,(�( M XJ I i bxn'I101 y,
Marilyn G. ?Veinmeister, Manager
STATE OF COLORADO )
) ss.
COUNTY OF w QLD )
The foregoing instrument was acknowledged before me this Le'day of
ficPKi , 200 5,by Richmar Wine, LLC, Marilyn G. Weinmeister, Manager.
Witness my hand and official seal.
otary Public
MMMMMMMMMMMMM9awroo oay
My commission expires: o 8-o4, -05
LEON W SIEVERS °y
NOTARY PUBLIC ;
STATE OF COLORADO e
i O
11111 11111 DID 11111 Ell III 1111111 III HMI IIII
3281762 04/29/2005 11:47A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
t�eesa
07a95-093
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).
44
Dated this ) g day of ,Q 20 .
ATTEST: � �i lial I" COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF !, ,,,. ). / % CORPORATE AND POLITIC OF THE
COUNTY COMMISSIONER • 4 \ STATE OF COLORADO
THE COUNTY OF WELD g 1 v on
I IB•I y e
t_-,.. ifs «�p�� ° BY:
D eputy Clerk to the Board William H. Jerke, Chair, APR 1 $ 2AQs
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this f'r"day of (�y i-, ( ,
2000, ,by William H.Jerke,Chair,BOARD OF COUNTY COMMISSIONERS OF HE COUNTY
OF WELD.
PRY PCe< \
("
Witness my hand and official se.
SHARON 1 —1' ,
KAHL ' `
r;�,,�
.").;%.,. Not /.lic
.../-eO;..a.C(5
t.'
My commission expires:
My Commission Expires May 15,2006
Page 2 of 2 page
Illill IIIII 11111 III 1111111 III 1111111 III IIIII III 11
3281762 04/29/2005 11:47A Weld County, CO
2 of 4 R 0.00 0 0.00 Steve Moreno Clerk 8 Recorder
Jets— 0 its' 3
EXHIBIT A
PROPERTY DESCRIPTION
(I of2)
A parcel of land being part of the East Half of the Northeast Quarter(E1/2 NEl/4)of Section Twenty-six(26),
Township Six North(T.6N.),Range Sixty-seven West(R.67W.)of the Sixth Principal Meridian(61°P.M.),County of
Weld, State of Colorado,and being more particularly described as follows:
BEGINNING at the Northeast Corner of said Section 26,and assuming the East line of the Northeast Quarter of the
Northeast Quarter(NE1/4 NE1/4)of said Section 26 as bearing South 00°19'09"East,being a Grid Bearing of the
Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 1319.29 feet with
all other bearings contained herein relative thereto:
THENCE South 00°19'09"East along said East line a distance of 902.19 feet;
THENCE South 89°40'5("West a distance of 30.00 feet to the West Right-Of-Way(ROW)of Weld County Road No.
23 (WCR23),said point being the beginning point of a curve,said curve being non-tangent to aforesaid line,said point
also being the TRUE POINT OF BEGINNING;
THENCE along the arc of a curve which is concave to the East a distance of 110.15 feet,having a radius of 605.00
feet,a central angle of 10°25'55"and a long chord bearing North 05°32'06"West a distance of 110.00 feet to a Point
of Tangency(PT),said point being Ten(10)feet,as measured at a right angle,West of said West ROW;
THENCE North 00°19'09"West along a line being 10 feet West of and parallel with said West ROW a distance of
228.26 feet to a Point of Curvature(PC);
THENCE along the arc of a curve which is concave to the Southwest a distance of 824.10 feet,having a radius of
525.00 feet,a central angle of 89°56'16"and a long chord bearing North 45°17'17"West a distance of 742.06 feet to a
PT,said point being 10 feet,as measured at a right angle, South of the South ROW of Weld County Road No. 66
(WCR66),also known as Eastman Park Drive;
THENCE South 89°44'35"West along a line being 10 feet South of and parallel with said South ROW a distance of
755.81 feet to the West line of said El/2 NE1/4;
THENCE North 00°22'46"West along said West line a distance of 10.00 feet to the intersection with said South ROW;
THENCE North 89°44'35"East along said South ROW a distance of 1066.07 feet;
THENCE South 84°15'09"East a distance of 45.60 feet to a PC;
THENCE along the arc of a curve which is concave to the South a distance of 81.00 feet,having a radius of 330.00
feet,a central angle of 14°03'49"and a long chord bearing South 77°13'15"East a distance of 80.80 feet to a Point of
Compound Curvature(PCC);
THENCE along the arc of a curve which is concave to the Southwest a distance of 75.00 feet,having a radius of 150.00
feet,a central angle of 28°38'52"and a long chord bearing South 55°51'55"East a distance of 74.22 feet to a PCC;
THENCE along the arc of a curve which is concave to the Southwest a distance of 67.00 feet,having a radius of 125.00
feet,a central angle of 30°42'38"and a long chord bearing South 26°11'09"East a distance of 66.20 feet to a PCC;
THENCE along the arc of a curve which is concave to the West a distance of 97.25 feet,having a radius of 610.00 feet,
a central angle of 09°08'04"and a long chord bearing South 06°15'49"East a distance of 97.15 feet to said West
ROW,said line being non-tangent to aforesaid curve;
THENCE South 00°19'09"East along said West ROW a distance of 651.16 feet to the TRUE POINT OF
BEGINNING;
Said parcel contains 1.664 acres 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 CERTIFICATE
I,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge
and belief.
Wp0+� T�1.
Charles B.Jones-On Beh f u - ors, i%d.it •
. Z.
•
Colorado Registered P. : es't• • l oO. I
♦ ;
•
Land Surveyor#22098 "v,, 4L LAN0�=/
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
JN: 2003156-I 11111111111111111 11111 1111111 I I I 1111111111 11111 IIII I III
3281762 04/29/2005 11:47A Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
L:\2003I56-I\legal descriptions\RICHMAR-ROW-LEGAL-DESC.doc
Last printed 1/19/2065 11:53 AM
- RICHMAR WINE, LLC
RIGHT-OF-WAY EYz NFY* SEC. 26, T.6N., R.67W.
I (2OF2)
I
I OIBENS-BROCEIVATCLASJ CONWNBR,/NC
AEC NO.03/07514
BASIS OF BEARINGS: S00.19'09"E 1319.29'
_D WELD COUNT YROADNO. 23_ _ - _
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1 111111 11111 VIII 11111 1111111 III IVIIII III 111111111 II'I
3281762 04/29/2005 11:47A Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
D0� I-
� .
CD '®- Charles B. Jones i On = • •$ury i •rs, Inc.cer r.
IZ it:200 100 0 200 •V
Colorado Register% VI - ia�• .
—
1"= 200' Land Surveyor #220':�\\ryq"LAND__
-.4.C) SURVEYORS,SURVEYORS, INC. PROJECT N9 2003156-I
DATE: 01/19/2005
�r� 9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT:KBN ENGINEERS
��� PHONE: (970) 686-5011 FAX: (970) 686-5821
DWG:EXHIBIT-RICHMAR WINE
WWW.KINGSURVEYORS.COM DRAWN: MCD CHECKED: CBJ
i '\
MEMORANDUM
CTO: Clerk to the Board DATE : April 13, 2005
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Consent Agenda Item
Deed of Dedication and Acceptance on WCRs 66 and 23 with Richmar Wine, LLC.
The appropriate documentation is enclosed
Enclosures
pc: Leon Sievers, Right-of-Way Agent
M:\Francie\SIgnatureltem.DOC
0D502
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