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
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- /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
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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
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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
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It
'+1rT.IES• p
ch
City Clerk
APPROVED AS TO FORM:
Y
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Senior Assistant City Attorney
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• 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
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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
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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!
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I XIII IT MAP
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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
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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
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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.
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100.00'
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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
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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
° •
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Mi
ll II SIM ON IIIII III111111IIIIIII 01:18P Weld County CO
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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
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-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
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•
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
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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
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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
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17
�� AXIIIWIT MAP , Nom_
NE Cor = o
1/ Sec 19— T11N— R67W °` 19-11-67
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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
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0) N56'49'26"W 940.45' J) 547'56'27"W 118.20'
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E) N89'24'17"E 215.87' K) 533'10'25"W 37.47' is. Na
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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
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EXHIBIT AI 4 P II
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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
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•
•
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
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•
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
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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