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HomeMy WebLinkAbout20051333.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - FORT COLLINS 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 the Purchase of Right-of-Way for Certain Improvements to Weld County Road 126 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 the City of Fort Collins, 300 LaPorte Avenue, Fort Collins, Colorado 80521, with terms and conditions being as stated in said agreement, and WHEREAS, after review,the Board deems it advisable to approve said agreement, 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 Agreement Concerning the Purchase of Right-of-Way for Certain Improvements to Weld County Road 126 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 the City of Fort Collins be, and hereby is, approved. 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 2nd day of May, A.D., 2005. BOARD� `�` COUNTY STONERS WELD COUNTY, COLORADO 1861 fi �i itir 'I "LG� William H. Je -, Chair %t f iZ ji v , my Clerk to the Board O , �Yc M. J. tele, Pro-Tem BY: Deputy Clerk to the Board ` c vid E. Lo ' APPROVED% M: .L Robert D. Masd n my Attorney Glenn at' Date of signature: --176/55- 2005-1333 EG0052 e() : Pub Pz- • MEMORANDUM CTO: Clerk to the Board DATE: April 25, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Enginee SUBJECT: Agenda Item Agreement Concerning Purchase of Right-of-Way for Certain Improvements for WCR 126 with the City of Fort Collins. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent VI`Prani le,Agend-Lcon.doc 2005-1333 724 [meadowsspringranchwcr 1 26ft nalrevagr.doc] AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 126 BETWEEN THE CITY OF FORT COLLINS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 2 .emu day of h 2005,by and between The City of Fort Collins, Colorado, a municipal corporation, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521, 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 10th Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve Weld County Road 126, and WHEREAS, Owner owns the property described in the attached Exhibit "A" and Exhibit "B", 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" and Exhibit "B", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Two Thousand Five Hundred Eight and no/100 ($2508.00) dollars. This consideration is being offered in lieu of condemnation 2. Owner agrees to grant the Right-of-Way to County by Special Warranty 1111111 11111 11111111111111111111 11111II111111IIIIIIII 3284724 05/10/2005 01:18P Weld County, CO 1 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - /333 Deed, free and clear of all encumbrances, except existing easements. 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 Warranty Deed. 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 County a Temporary Construction Easement, shown and described as Exhibit "C", by using substantially the Temporary Construction Easement form included herein as Exhibit"F".The County will reimburse the Owner the sum of Three Hundred Seventy One and no/100 ($371.00) dollars for the execution of this easement. 9. Upon completion of the road improvements, County will grant to Owner a 111111111111111111111111111111111111111 III 11111 IIII IIII 3284724 05/10/2005 01:18P Weld County, CO 2 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Quit Claim Deed for that part of the right-of-way described under Reception No. 747542 as found in the office of the Clerk and Recorder, Weld County, Colorado and as shown and described herein as Exhibit "D". 10. Upon completion of the road improvements, County will grant to Owner a Special Warranty Deed for all that area shown and described herein as Exhibit "E" and lying between the Quit Claim Deed area and the new improvements. County will seed and maintain any portion of that area that was disturbed during construction of the improvements. County will place a temporary fence around any disturbed area, seed the area with a seed mixture specified by Owner and remove the temporary fence and construct a permanent fence along the right-of-way line of the new improvements when the seeded area has germinated and matured to level acceptable by Owner. 11. County will remove the existing right-of-way fence after November 25,2004 and will construct a 4 strand barbed wire fence with steel posts set every 16 feet and a wood post replacing every third steel post, along the right-of-way line of the new improvements. This permanent fence will be constructed prior to April 15, 2005. 12. County will construct a temporary 4 strand barbed wire fence around the Temporary Construction Easement area as shown and described in Exhibit "C". When the improvements are completed, County will re-seed and mulch the disturbed area with a seed mixture specified by Owner. When this seed mixture has germinated and is of sufficient maturity, as determined by Owner,County will remove this temporary fence and will install a permanent fence along the right-of-way line of the new improvements. 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. 111111111111111111111111111111111111111111111111 3284724 05/10/2005 01:18P Weld County, CO 3 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: CITY OF FORT COLLINS, COL RADO try.n A municipal corporatio Lt., ja i Darin A. Atteberry, City Manager i rf It '+1rT.IES• p ch City Clerk APPROVED AS TO FORM: Y / Senior Assistant City Attorney try p • BOARD OF COUNTY COMMISSIONERS 1861 1 i : = � l OF WELD COUNTY, STATE OF COLORADO O mew ty Clerk to the Board Ou IN By: z�, PC- ___e_-,..-icBY: * \ 44,-4. Deputy Clerk to the Board William H. Jerke, Chair, Board of County Commissioners MAY 0 2 2005 I 11111111111 VIII 11111 III HIV 11111 III 11111 Ell IIII 3284724 05/10/2005 01:18P Weld County, CO 4 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A DEED LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 19, Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Northeast corner of the Southeast One-Quarter of said Section 19, from whence the Southeast corner of said Section 19 bears S00°50'47"E, with all bearings contained herein relative thereto; thence S02°00'31"W a distance of 602.52 feet to a point 30.00 feet west of the East line of the Southeast One-Quarter of said Section 19, said point being on the westerly line of that right-of-way accepted by Resolution dated October 12, 1889 and Recorded in Book 86 at page 273 in the Office of the Clerk and Recorder, Weld County, Colorado, and the POINT OF BEGINNING; thence S00°50'47"E along said westerly right-of-way line a distance of 159.87 feet to a point of non-tangent curve to the left; thence 338.99 feet along the arc of said curve whose radius is 2240.00 feet, central angle is 08°40'15"and whose chord bears N52°29'28"W a distance of 338.67 feet; thence N56°49'26"W a distance of 940.45 feet to the South right- of-way line of Weld County road 126; thence N89°24'17"E along said right-of-way line a distance of 215.87 feet; thence S56°49'26"E a distance of 202.27 feet; thence N33°10'25"E a distance of 135.26 feet to the South right-of-way line of Weld County road 126; thence N89°24'17"E along said right-of-way line a distance of 225.55 feet; thence S74°58'59"W a distance of 146.06 feet; thence 547°56'27"W a distance of 118.20 feet; thence S33°10'25"W a distance of 37.47 feet; thence S56°49'26"E a distance of 498.74 feet to a point of curve to the right; thence 248.72 feet along the arc of said curve, whose radius is 2360.00 feet, central angle is 06°02'18" and whose chord bears S53°48'26"E a distance of 248.60 feet to the POINT OF BEGINNING and containing 3.478 acres, more or less. The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave., Ft. Collins, Colorado 80525 111111111111111111111111111111111111111III 11111 IIII IIII 3284724 05/10/2005 01:18P Weld County, CO 5 of 16 R 0.00 0 0.00 Steve Moreno Clerk& Recorder CP Ea) ro 03 i .�".I).ew V= on 46. MI c.T9 n.(0CI XIIIBIT MAP NE Cor 5 o-L. i N= \' Sec 19— T11N— R67W Sec 19-11-67 o�_ O mss= o yam= q IN CD - ÷co � t9 o0 fy. c� q I sue- - Re c) N mom 0 W o a I-- o 0 6 Q ai ,D a w 0 Q N Q 2 60' EXIST. ROW Y O 0 W 1/4 Cor H E 1/4 Cor 3 > i_ Sec 19-11-67 Sec 19-11-67 0 I- 589'24'17"W - it♦iit a•eptafl=�>. Zcci \ o _ 1" .. W a 5 W �J I w l- q E \K con nu i o j W A) 502'00'31"W 602.52' F) 556'49'26"E 202.27' L) 556'49'26"E 498.74' F / ��,� _.____--L W . 0 3 7:0 <W2 0 D co o �i0 J B) 500'50'47"E 159.87' G) N33"10'25"E 135.26' M) R = 2360.00 �� M r c1 8 w—o w$ L = 248.72' I A 'c u y A = 06'02'18" "� M cc?, a. -La u C) R = 2240.00 H) N89'24'17"E 225.55' CH = 553'48'26"E (AREA = 3.478 AC±) 41 a cc�W L = 338.99' 248.60' ,� o I0 A = 08'40'15" ' O n. z a CH = N52'29'28"W I) 574'58'59"W 146.06' / h ui� 338.67' / B N vt o o%o < CW .. � d Y <OU N VI zg< ic D) N56'49'26"W 940.45' J) 547'56'27"W 118.20' t m,,< w L Z° E WYh Y E) N89'24'17"E 215.87' K) 533'10'25"W 37.47' HIJW i o' VI ai„ SE Cor 0 oi� D. 3 i . Sec 19-11-67 z5_ 5 g i a EXHIBIT B DEED LEGAL DESCRIPTION A parcel of land located in the North One-Half of Section 29, Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: The South 10.00 feet of the North 40.00 feet of the Northeast One-Quarter of said Section 29 AND The South 10.00 feet of the North 40.00 feet of the East 420.00 feet of the Northwest One-Quarter of said Section 29, containing 0.702 acres, more or less. The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave., Ft. Collins, Colorado 80525 IIIIIIIIIIII Hill ling IIIIIVIIIIIIVIIIIIIIIII! 3284724 05/10/2005 01:18P Weld County, CO 7 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I XIII IT MAP z cn NN N OA C^ O jn �1J O NO O m -. V OA y0 0 F__‘ ' I V JO rn x �-i II u 0 m ti 0 O Nm m � n 00 ro 0 n eL I m Amor I V m 0 200 400 800 4 111111111111 11111 111111111111 11111 11111 III11111 I'll 1111 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 3284724 ()5/10/2005 01:18P Weld County, CoLAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 8 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LWS DESIGN WELD COUNTY RNAD 126 DEED 1 DE DRAW„ DESCRIPTION 1 DATE June 9, 2004 EXHIBIT MAP EXHIBIT C EASEMENT LEGAL DESCRIPTION A parcel of land located in the Northeast One-Quarter of Section 29, Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: The South 70.00 feet of the North 110.00 feet of the West 770.00 feet of the Northeast One-Quarter of said Section 29 containing 1.237 acres, more or less The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave., Ft. Collins, Colorado 80525 111111 11111 11111 111111111111 11111 11111 III 11111 11111111 3284724 05/10/2005 01:18P Weld County, CO 9 of 16 R 0.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT 1/lAP C� cD :N Z NA NO v nz II - H—� zN V VO O VJ .,., O O 01 m m V V O O 0 m m 0 nt 0 0 O w 0 m ti 0 Nm NN n0 om Ni n 0 0n I J m J D 200 400 800 r I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 1111111 11111 11111 11111 1111111 11111 VIII IV 111111 1II IIII LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 3284724 05/10/2005 01:18P Weld County, CO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 10 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT SURVEY LVS DESIGN WELD COUNTY ROAD 126 EASEMENT 1 1 DRAWN DESCRIPTION 1 1 EXHIBIT MAP DATE June 9, 2004 EXHIBIT D DEED DESCRIPTION SHEET 1 OF 3 A PARCEL OF LAND BEING A PORTION THE EXISTING RIGHT-OF-WAY AS DEFINED IN THAT DOCUMENT RECORDED SEPTEMBER 25, 1936 UNDER RECEPTION NO. 747542 IN THE WELD COUNTY RECORDS SAID PARCEL SITUATED IN SECTION 19, TOWNSHIP 11 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED UPON THE ASSUMPTION THAT THE EAST LINE OF THE SOUTH HALF OF SAID SECTION 19 BEARS S00°50'47"E. COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF SAID SECTION 19; THENCE 589°24'17"W, ALONG THE SOUTH LINE OF SAID NORTH HALF, 1119.78 FEET TO THE POINT OF BEGINNING; THENCE N59°49'26"W, DEPARTING SAID SOUTH LINE, 53.97 FEET TO A POINT 30.00 FEET,AS MEASURED AT RIGHT ANGLES,NORTHERLY FROM SAID SOUTH LINE, SAID POINT BEING ON THE NORTHERLY BOUNDARY LINE OF SAID PARCEL DEFINED UNDER RECEPTION NO.747542; THENCE ALONG THE NORTHERLY AND NORTHEASTERLY BOUNDARY OF SAID PARCEL DEFINED UNDER RECEPTION NO. 747542 THE FOLLOWING TWO(2)COURSES: 1) 589°24'17"W, 145.67 FEET; 2) N54°50'05"W,2289.82 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO.25 AS DEFINED IN THAT DOCUMENT RECORDED JULY 12, 1962 IN BOOK 1619 AT PAGES 614 THROUGH 617 UNDER RECEPTION NO. 1385681 IN THE RECORDS OF WELD COUNTY; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO(2)COURSES: 1) N85°57'28"W, 100.76 FEET; 2) 536°25'02"W, 7.92 FEET TO POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE AS DEFINED IN RECEPTION NO. 747542; THENCE S54°50'05"E,ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 2395.61 FEET TO A POINT 30.00 FEET,MEASURED AT RIGHT ANGLES, SOUTHERLY FROM SAID SOUTH LINE; THENCE N89°24'17"E,ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE,254.75 FEET; THENCE N56°49'26"W, 53.97 FEET TO THE POINT OF BEGINNING. CONTAINING 152,912 SQUARE FEET OR 3.5104 ACRES MORE OR LESS. 111111 11111 11111 11111 1111111 111 11111III111111111IIII 3284724 05/10/2005 01:18P Weld County, CO 11 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder DEED DESCRIPTION SHEET 2 OF 3 I, STEVEN A. DYNES, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A. DYNES, PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO.24949, FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 2696 SOUTH COLORADO BOULEVARD SUITE 250 O.p0 RED/S, DENVER, COLORADO 80222 a`'� � A. ••o(.:�,?_ 303-692-8838 c•' � �r4c^� ;h 24949 8/as/ IIIN11111IIIII1111! 1111111 III NII III 111111 ��� IIII 3284724 05/10/2005 01:18P Weld County, CO 12 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP A / LEGEND: NOTE: THIS EXHIBIT DOES NOT REPRESENT A • INDICATES CHANGE IN COURSE ONLY MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. CS .1. o I \\\\O) REGis �' �Q�( / \- �.. A..O fpm% �4, ? viy ,a ; -N.:L., - 24949 N85'57'28"W •. 245/615. ,�Qo / 31.84' .. L 0 2 o Coo / 1 n U III I II11\P tit.km / N56'14 28 W SCALE: 1"=500' 100.00' N55'01'30"W OWNER; 100.00' TERRY GRAZING z w i N. L �, S6� Cr- c..) I MS'S 9SS GAP PARCEL m Ls., I ¢ if, i a- a 517 pRpp 2.8207f ACRES o N W NQ- 0s OS =tea Vo5N r of e-,.. a a L� o d m R'o. N51'05'19"W S^ m o Q N� o 2 ( 99.54' FZY z � W Irm <7`8 Ste 1 n f/l,jo -0m OWNER; -6),,, 65, N56'49 26 W w m a.8 Z CITY OF FORT COLLINS � 17.10' WATER/WASTEWATER UTILITY 5397926"W 589'24'17"W- -1119.78' - - - J1 N8924'17"ESOUTH _ - - LINE, TOWNSHIP 11 NORTH, 145.67 HALF, ' POINT OF BEGINNING SECTION RANGE 67 WEST, 6TH P.M. SO0'50'47'E 2647.88' OWNER; BASIS OF BEARINGS EAST LINE, SOUTH HALF, SECTION 19, CITY OF FORT COLLINS TOWNSHIP 11 NORTH, RANGE 67 WEST, 6TH P.M. WATER/WASTEWATER UTILITY EXISTING 60' R-0—W 1889 RESOLUTION (BOOK 86, PAGE 273) SOUTHEAST CORNER,_ SOUTH 1/2, SEC 19 (SE COR) I mguillemette I P:\2004\304058—weld county\dwg\parcels\1723-00-0-00-049.DWG I DATE: 08/23/2004 I Time: 1: Farnsworth COUNTY PUBLIC WORKS DEPARTMENT Project No. 304058.0 915 TENTH ST, GREELEY, CO 80631 Drawn by. MCG GROUP Approved. SAD Date, B-24-04 2696 S. COLORADO BLVD.SUITE 250 GAP PARCEL EXHIBIT Revised. DENVER,COLORADO 80222 (303) AID MITI 11111111111 IIIM 11111111111111111 liii 3 of 3 3284724 05/10/2005 01:18P Weld County, CO 13 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT E DEED DESCRIPTION SHEET 1 OF 3 A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THAT SPECIAL WARRANTY DEED RECORDED MAY 18, 1965 UNDER RECEPTION NO. 1463879 IN THE RECORDS OF WELD COUNTY, SAID PARCEL SITUATED IN THE NORTH HALF OF SECTION 19, TOWNSHIP I I NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED UPON THE ASSUMPTION THAT THE EAST LINE OF THE SOUTH HALF OF SAID SECTION 19 BEARS S00°50'47"E. COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF SAID SECTION 19, THENCE S89'24'17"W, ALONG THE SOUTH LINE OF SAID NORTH HALF OF SAID SECTION 19, 1119.78 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE SOUTHWESTERLY LINE OF THE PROPOSED NEW RIGHT-OF-WAY PARCEL; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PROPOSED RIGHT-OF-WAY PARCEL THE FOLLOWING FIVE(5)COURSES: 1)N56°49'26"W, DEPARTING SAID SOUTH LINE, 53.97 FEET TO A POINT 30.00 FEET, AS MEASURED AT RIGHT ANGLES,NORTHERLY FROM SAID SOUTH LINE, SAID POINT BEING ON THE NORTHERLY BOUNDARY LINE OF THAT PARCEL DEFINED IN THAT DOCUMENT RECORDED SEPTEMBER 25, 1936 UNDER RECEPTION NO. 747542 IN SAID WELD COUNTY RECORDS AND THE POINT OF BEGINNING; 2)CONTINUING N56°49'26"W, 17.10 FEET; 3)N51°05'19"W, 99.54 FEET; 4)N56°49'35"W, 2065.63 FEET; 5)N55°01'30"W, 100.00 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY NO. 25 AS DEFINED IN THAT DOCUMENT RECORDED JULY 12, 1962 IN BOOK 1619 AT PAGES 614 THROUGH 617 UNDER RECEPTION NO. 1385681 IN THE RECORDS OF WELD COUNTY; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO(2)COURSES: 1)N56°14'28"W, 100.00 FEET: 2)N85°57'28"W, 31.84 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL DEFINED UNDER SAID RECEPTION NO. 747542; THENCE ALONG THE NORTHEASTERLY AND NORTHERLY BOUNDARY OF SAID PARCEL DEFINED UNDER RECEPTION NO. 747542 THE FOLLOWING TWO(2)COURSES: I) S54°50'05"E, 2289.82 FEET; 2)N89°24'17"E, 145.67 FEET TO THE POINT OF BEGINNING. CONTAINING 122,870 SQUARE FEET OR 2.8207 ACRES MORE OR LESS. 1 11111111111 11111 11111 1111111 11111 11111 III 111111 III Ill 3284724 05/10/2005 01:18P Weld County, CO 14 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DEED DESCRIPTION SHEET 2 OF 3 I, STEVEN A. DYNES,A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. STEVEN A.DYNES,PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO.24949,FOR AND ON BEHALF OF: Farnsworth GROUP, INC. 2696 SOUTH COLORADO BOULEVARD SUITE 250 DENVER, COLORADO 80222 !. 303-692-8838Li),' c �; FN• _= : 24949 ° • •.8/zs,/ Mi ll II SIM ON IIIII III111111IIIIIII 01:18P Weld County CO 15 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT MAP A / LEGEND: NOTE: THIS EXHIBIT DOES NOT REPRESENT A h MONUMENTED SURVEY. IT IS INTENDED ONLY TO • INDICATES CHANGE IN COURSE ONLY DEPICT THE ATTACHED DESCRIPTION. / n / / Qv \\\\\\ p01IREG/STI,, \moo•<, A•Ot��C , a ' 24949 g iZro i N85'57'28"W �•�> '• co o 100.76' m OWNER; nunl" EXISTING 60' R-O-W . TERRY GRAZING (BOOK 999, PAGE 193) i- Z / w w a S36.25'02"W W isl 7.92' SSiS . • ;ROa VACATION PARCEL o z �4,S� i OSFO 3.5104± ACRES U o N I o F 4)t„,,, o N I -OF S89'24'17"W w OWNER; 4 k 145.67' -12 D Cr Cr CITY OF FORT COLLINS 982 56'49'26"W o o z WATER/WASTEWATER UTILITY 2j.95 / 53.97' _ _ `_�_I► - - - I `� CS b b PO SOUTH LINE, NORTH HALF, N89'24'17"E S89.24'17"W SECTION 19, TOWNSHIP 11 NORTH, , 1119.78' RANGE 67 WEST, 6TH P.M. 254.75 POINT OF SOO.50'47'E 2647.88' BEGINNING BASIS OF BEARINGS OWNER; EAST LI , SOUTH HALF, 19, TOWNSHIP 11NENORTH RANGE 67EWEST, 6TH P.M. CITY OF FORT COLLINS EXISTING 60' R-O-W WATER/WASTEWATER UTILITY 1889 RESOLUTION 0 250 500 (BOOK 86, PAGE 273) SCALE: 1"=500' SOUTHSOUTH E1/2, SEC AST 19 (SE I tmeck I P:\2004\304058—weld county\dwg\parcels\EXHB—VACO2.DWG I DATE: 08/24/2004 I Time: 16:1 I Farnsworth COUNTY PUBLIC WORKS DEPARTMENT Project No. 304058.0 915 TENTH ST., GREELEY, CO 80631 Drown by: MCG Approved. SAD GROUP Dote: 6-24-04 2696 S. COLORADO BLVD. SUITE 250 VACATION PARCFL FXHIRIT Revised. DENVER,COLORADO 80222 (303)692-8838/(303)692-0470 Fax 111111111111 IIIM 11111 hlllllh IIIII 11111 III lihill It IIii 3 of 3 3284724 05/10/2005 01:18P Weld County, CO 16 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • 0 ►1 i MEMORANDUM TO: Clerk to the Board DATE: August 15, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Request for Chair's Signature Special Warranty Deed with the City of Fort Collins for New WCR 126. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc C(5-;? C (;"? 1,C( ryjee. ZoC`_T 1 973 0 (MEADOWSSPRINGRANCHWCR726SWD.DOC Rev.3/28/2005) SPECIAL WARRANTY DEED THIS DEED, made this A,"day of , 2005, between THE CITY OF FORT COLLINS, COLORADO, a municipal corpora ion whose legal address is 300 LaPorte Avenue, Fort Collins, Colorado 80521 ("Grantor"), and COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its board of County Commissioners, whose legal address is 915 10TH Street, Greeley, Colorado 80631 ("Grantee"). WITNESSETH: That the GRANTOR, for and in consideration of the sum of Two Thousand Five Hundred Eight Dollars ($2,508.00) and other valuable consideration 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 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 more particularly on Exhibit "A" and"B", attached hereto and incorporated herein by this reference. TOGETHER will all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and 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 (collectively, the "Property"); TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, in its current condition and on an "as is" basis, unto the Grantee, its successors and assigns, forever, pursuant to Ordinance No. 008, 2004. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will warrant and forever defend the above- bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, free and clear of all liens and encumbrances, except and subject to the following: A. Any restrictions, reservations or exceptions contained in any United States or State of Colorado patents of record; B. Encumbrances in place on the Property or of record; C. Any prescriptive rights of third parties, if any; D. All zoning and other governmental rules and regulations; E. Statutory lien rights resulting from the inclusion of the Property in any special taxing district or improvement districts; 1 1 j3UhII 111111111111111111111111111111111111111111111111 3317455 08/29/2005 10:42A Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder F. All oil, gas or other mineral reservations or exceptions of record; and G. General property taxes, assessments and charges for 2005 and all subsequent years. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. GRANTOR: THE CITY OF FORT COLLINS, COLORADO A munic' al corporation By. Ma TTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Altorniy STATE OF COLORADO) )ss. COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this O 111 day of ciu,lj , 2005, by /Ofli j/23 f! /hi kk,a5Fw , as Mayor of the City of Fort Collins. Witness my hand and official seal. My Commission Expires: q---/ 2cw gjA al( Ff�ui1S • Notary Public 9 11111111111111111111111111111 IIII 11111111111111 II1I 1IlI 3317455 08/29/2005 10:42A Weld County, CO 2 of 6 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). Dated this as — day of GGGLCO..a4t ,2005. *t gagiedit% COUNTY OF WELD,A BODY gaei ( O THE BOARD OF CORPORATE AND POLITIC OF THE t", t COMMISSIONERS OF STATE OF COLORADO 4 T WIE TY OF WELD 4%( . BY:Dep net_ $7Lhiã& Board BY:William `Jerke Chair AUG 2 2 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_-; A,Q day of } u sf� 2005 by William H. Jerke Chair, BOARD OF COUNTY COMMISSIONERS OFT COUNTY OF WELD. •••"*"",, .. .. ` • �� .............. Witness my hand and official seal I SHARON s KARL got N' 1: • Gt�y�2(C 91x:•........••.4i, ` Op COLD../� My commission expires: " ••............•••• My Commission Expires May 15,2006 1111111 11111 11111 11111110111 1111 111111 III 11111 IIII 1111 3317454 08/29/2005 10:42A Weld County, CO 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A DEED LEGAL DESCRIPTION A parcel of land located in the Southeast One-Quarter of Section 19, Township 11 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Northeast corner of the Southeast One-Quarter of said Section 19, from whence the Southeast corner of said Section 19 bears S00°50'47"E, with all bearings contained herein relative thereto; thence S02°00'31"W a distance of 602.52 feet to a point 30.00 feet west of the East line of the Southeast One-Quarter of said Section 19, said point being on the westerly line of that right-of-way accepted by Resolution dated October 12, 1889 and Recorded in Book 86 at page 273 in the Office of the Clerk and Recorder, Weld County, Colorado, and the POINT OF BEGINNING; thence S00°50'47"E along said westerly right-of-way line a distance of 159.87 feet to a point of non-tangent curve to the left; thence 338.99 feet along the arc of said curve whose radius is 2240.00 feet, central angle is 08°40'15"and whose chord bears N52°29'28"W a distance of 338.67 feet; thence N56°49'26"W a distance of 940.45 feet to the South right- of-way line of Weld County road 126; thence N89°24'17"E along said right-of-way line a distance of 215.87 feet; thence S56°49'26"E a distance of 202.27 feet; thence N33°10'25"E a distance of 135.26 feet to the South right-of-way line of Weld County road 126; thence N89°24'17"E along said right-of-way line a distance of 225.55 feet; thence S74°58'59"W a distance of 146.06 feet; thence S47°56'27"W a distance of 118.20 feet; thence S33°10'25"W a distance of 37.47 feet; thence S56°49'26"E a distance of 498.74 feet to a point of curve to the right; thence 248.72 feet along the arc of said curve, whose radius is 2360.00 feet, central angle is 06°02'18" and whose chord bears S53°48'26"E a distance of 248.60 feet to the POINT OF BEGINNING and containing 3.478 acres, more or less. The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave., Ft. Collins, Colorado 80525 1111111 1111111111 IIII! 11111111111111111 III 11111 IIII IIII 3317455 08/29/2005 10:42A Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 17 �� AXIIIWIT MAP , Nom_ NE Cor = o 1/ Sec 19— T11N— R67W °` 19-11-67 =cam =U sell —w _ =0 CD V—I el O _IL._IL. =- 0 qEO N =3 w ki[�.a 'Y`' _Ny S —o Co rr^^ G v? C 7.4.33 Alo �inO v o NC W m coo z s o 1- ce LO E —.4 W r"'I.- 0 q IM M O co Q lL 60' EXIST. ROW _M v O Ce o E W 1/4 Cor H E 1/4 Cor 3 >.. E_ Sec 19-11-67 Sec 19-11-67 O 589'24'17"W ��,N. / • ' \� co ? ro 1 m O = COI \ I w d (--) W 3 r ca E F \K J i *609 rnNN1 J o z W A) 502'00'31"W 602.52' F) 556'49'26"E 202.27' L) 556'49'26"E 498.74' / �fy, r�!- ....-----L....-----L7,o, 10 i i B) 500'50'47"E 159.87' 0) N33'10'25"E 135.26' M) R = 2360.00 Cabe N r Cr) m w-e W L = 248.72' J J` W 'C w y d D = 06'02'18" N m u~u C) R = 2240.00 H) N89'24'17"E 225.55' CH = 553'48'26"E (AREA = 3.478 AC±) W -0 c,sW L = 338.99' 248.60' " w o 0. o A = 08'40'15" ^ O z -, CH = N52338,67'28"W I) 574'58'59"W 146.06' / O !^ o�'y C/ B IO M o OD2i O v ' `... < 'ao� N U, n< 0) N56'49'26"W 940.45' J) 547'56'27"W 118.20' L co=Q n` p i SOW E /J O W Y N IJ • E) N89'24'17"E 215.87' K) 533'10'25"W 37.47' is. Na O 'o SE Cor o '-zo w 6 E Sec 19-11-67 zgd i g g EXHIBIT B DEED LEGAL DESCRIPTION A parcel of land located in the North One-Half of Section 29, Township 11 North,Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: The South 10.00 feet of the North 40.00 feet of the Northeast One-Quarter of said Section 29 AND The South 10.00 feet of the North 40.00 feet of the East 420.00 feet of the Northwest One-Quarter of said Section 29, containing 0.702 acres, more or less. The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave., Ft. Collins, Colorado 80525 111111111111111111111X111111till111111III11111IIII1111 3317455 08129/2005 10.42A Weld Counry, C0 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT AI 4 P II a o T��'� lV \ A O OIn WSJ O 0 y 0 7 NO z � V Q /�\ VJ Z Z O II V W O E7 X UI Nm YIN A •m NO n NO I I air I m V 0 2OO 4OO 8OO , r NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 1111111 11111 11111 11111 1111111 IIII 111111 III 11111 IIII IIII LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 3317455 08/29/2005 10:42A Weld County, CO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT SL VE( LVS DESIGN WELD COUNTY ROAD 126 DEED er 1 DRAWN DESCRIPTION — 1 DATE June 9, 2004 EXHIBIT MAP J rtzei(ii(e7‘ , MEMORANDUM I CTO: Clerk to the Board DATE: August 15, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Request for Chair's Signature Temporary Construction Easement with the City of Fort Collins for WCR 126. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent 4 M:AFrancieAAgend-leon.doc _ Cn1,C.jk Ace da 5 2,a: <<t` p>33 lmeadowsspringranchwcr126tce1.doc Rev. 3/28/2005] TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement between City of Fort Collins, Colorado, a municipal corporation, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521, 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 the installation of a temporary detour roadway for the construction of improvements on Weld County Road#126, in and to, over, under and across the following described land: SEE EXHIBIT"A"EASEMENT LEGAL DESCRIPTION AND EXHIBIT MAP "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 April 15, 2005 and shall expire and be of no further force when construction is completed and Grantee removes the temporary fence, when requested by the Grantor,but in no event later than April 15, 2008. 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. Grantee will re-seed the disturbed area with a seed mixture specified by Grantor and will maintain seeded area until seed has germinated and matured to a level acceptable by Grantor. 4. Grantee shall be responsible for the repair and/or restoration of any damage resulting from Grantee's activities upon the easement area, and for any damage or injury to Grantor resulting from negligent acts of omissions of Grantee in its activities hereunder. 5. All of the covenants herein contained shall be binding upon and inure to the 1 111111 III IIIII IIII�I�I kL1l11L11flJAL'fflI 10:43A Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • • benefit of the parties hereto, their respective personal representatives, successors and assigns. 6. Grantee will construct a temporary fence along the exterior lines of the easement area. When seeding has matured, Grantor will instruct Grantee to remove the temporary fence and construct a permanent fence along the right-of-way line. 7. Grantee will reimburse Grantor the sum of Three Hundred Seventy One and no/100 ($371.00) dollars for the execution of this Temporary Construction Easement. 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. GRANTOR: CITY OFF RT COLLINS, COLORADO, a munici 1 c orati n Data: ` ^ 'CZ M r ATTEST: City Clerk A ROVED AS TO FORM. ! � _C. Senior Assistant Ci ey STATE OF COLORADO ) ) ss COUNTY OF LARIMER) The foregoing instrument w s acknowledged,/� before me this /.711, day of Cld� , 2005, by trrl IA ir[s , lTl rnsery , as Mayor of the City of Fort Collins, Colorado, Grantor. Witness my hand and official seal. ,&.il(44/Ls Notary Public My cor unission expires: et-/,a-grog 2 1 111111 1 1111 11111 11111 111 1 111 IIII 111111011 1111 It 1111 3317456 08/29/2005 10:43A Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose set forth herein. GRANTEE: COUNTY OF WELD, STATE OF COLORADO 11.-H9 Vie`. 08/22/2005 By: 'Y�/� _i r Chairman, Board of County Commissioners gazed? William H. Jerke AUG 2 2 2005 1861 r` /61 y��"(/✓'^'"`d N uty Clerk the Board STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was acknowled• -. before me this day of 2005, by ae • __ �.iqn "+ard of County Commissioners, Gran ee. j O�;.. ._..... 6?,. / ?. ' •.,O Witness my hand and official se. . i SHARON '' KARL Gu%c-f' My commission expires: e0 My Commission Expires May 15,2006 LL")JL" t' L'h" IIIIIII IIIIIIIII VII IIII IIII10:43AeldCunty, O of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 3 6&DO.s- /.3, EXHIBIT A EASEMENT LEGAL DESCRIPTION A parcel of land located in the Northeast One-Quarter of Section 29, Township 11 North. Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: The South 70.00 feet of the North 110.00 feet of the West 770.00 feet of the Northeast One-Quarter of said Section 29 containing 1.237 acres, more or less The above description was prepared by Leon Sievers, Right-of-Way Agent, in and for Weld County, Colorado and is based on survey information provided by Aero-Metric, Inc. 4708 S. College Ave., Ft. Collins, Colorado 80525 111111111111 11111 I I I!!1111111 I I I!111111 I I I Hill I!!I I I I I I I I 33174564 of R 0.00 2D 0.00 OSteve MorenooClerk& Recorder 7, NN T Np l V a Con `1J o inO m s -I Nn 00 71 I CD _ s 0 1 H_ m n N -1 eiC -4 may\1, 7 O 1 F� V m m 0 m 0 O O m X N 0 O Nm m NN n mm N0 0 0 0 N V O, J -_ 0 200 400 800 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED 1 111111 11111 11111 11111 1111111 1111 111111 III 11111 IIII IIII LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO 3317456 D8�29�2005 10:43A Weld County, CO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder WELD COUNTY PUBLIC WORKS DEPARTMENT SONEr LVS siGii WELD COUNTY ROAD 126 EASEMENT 2A.,„ DESCRIPTION on,E June 9, 2004 EXHIBIT MAP Hello