HomeMy WebLinkAbout941066.tiff RESOLUTION
RE: ACCEPT WARRANTY DEED FROM ELEANOR E. MOORHEAD aka ELEANOR E.
KOHLER-STATE HIGHWAY 34 PROJECT NO. CX-CY 03-0034-19, PARCEL 2A
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Warranty Deed between the County of
Weld, a body corporate and politic of the State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Public Works Department, and
Eleanor E. Moorhead, aka Eleanor E. Kohler, for the State Highway 34 Project No.
CX-CY 03-0034-19, for property described on Exhibit A to said deed, with terms and conditions being
as stated in said deed, and
WHEREAS, after review, the Board deems it advisable to accept said deed, a copy of which
is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Warranty Deed between the County of Weld, a body corporate and politic
of the State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Public Works Department, and Eleanor E. Moorhead, aka Eleanor E.
Kohler, be, and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of October, A.D., 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST� /01L1,7 t WELD COUNTY, COLORADO
•
Weld County Clerk to the Board (A-/ �C /L,e'- ti
Webster, C irma
BY: (12.<
Deputy Clerk to the Board;_; Dale . all, Pro- e ,�
APPROVED AS TO FORM: • i�Y1r-x/L�*
eorg . Baxter
EXCUSED
unty Attorn y • Constance L. Harbert
Barbara J. Kirkmeyer f�
941066
crinn?k-3 & Pi Ch,;t/oorhezreL
B 1415 C 02363014 12/07/93 16:...„ $10.00 1/002
11,301:4 - - F 1797 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
WARRANTY DEED
THIS DEED,Made this 6th day of December
STATE DOWM TARY FEi
19 93, between ELEANOR E. MOORHEAD a/k/a ELEANOR E. KOHLER Dale _7-2-5
-
of the *County of Weld and State of
Colorado,grantor,and COUNTY OF WELD, A BODY CORPORATE AND
POLITIC OF THE STATE OF COLORADO
whose legal address is PO BOX 758, Greeley, CO 80632
of the County of Weld and State of Colorado,grantee:
WITNESSETH,That the grantor for and in consideration of the sum of
Two Thousand Three Hundred Seventy Five and no/100 DOLLARS,
the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,
convey and confirm,unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the
County of Weld and State of Colorado described as follows:
See Attached Exhibit "A" dated November 18, 1993 for Proj . No. CX-Cy 03-0034-19
Parcel No. 2A
211
^;WSJ
as known by street and number as:
TOGETHER with 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.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the grantee,his heirs and assigns
forever.And the grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain,and agree to and with the grantee,his heirs and
assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute
and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same
in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever,except
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee,
his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural,
the plural the singular,and the use of any gender shall be applicable to all genders.
INWITNESS WHEREOF,
thhee grantor has executed this deed on the date set forth above.
ELEANOR E. MOORHEAD
STATE OF COLORADO
ss.
County of Weld
The foregoing instru ..... knowledged before me this 6th day of December , 19 93 ,
by Eleanor
d�.
.......
My commissio 1.j' 1t,plt , 19 97 .Witness my hand and official seal.
4 owil�6 tl H%
ttI �� 1
i -�,e�ary Public
`�� 3VQs
*If in Denver,insert"City a91"..s
Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5,C,R.S.)
No.932A.Rev.7-84. WARRANTY DEED(For Photographic Record) O
Bradford Publishing,1743 Waite St..Denver,CO 80202-(303)292-2500-12-91 941055
91;()US
0
O W O0 E r a
E i° `o
A w a 0 9
a
g
W
I:1
a
o m a H
O O V] nQ 3 m z
MI
�..) 6 W O E a s '. rj
m
v
O 2 y E i
O '.c F(24 g 8U 1 A s < o
CD
��// o a o L.I. 2 2A3s . .0 _ g
IU :4Z PI 3 CD F U 2 m m
m
�/ H a z w
O W W W O H " N
z
z H o 'c > o v
0) F� z 0 H 0..
• o
6 U w x -�� O Er ° z _ d _
0.. . P. W W D 6 `c 4 .E u. m °
B 1415 REC 07263014 12/07/93 16 :53 t-10. 00 2/002
F 1798 MARY N FEUERSTEIN CLERK & RECO; :R WELD CO, CO
EXHIBIT "A"
PROJECT NO. CX-CY 03-0034-19
PARCEL NO. 2A
NOVEMBER 18, 1993
A tract or parcel of land No. 2A of the Department of Transportation,
State of Colorado, Project No. CX-CY 03-0034-19 containing 5.996 acres, more
or less, in the NE 1/4 of Section 21, Township 5 North, Range 64 West, of the
Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of
land being more particularly described as follows:
Commencing at the NE corner of Section 21; Thence S. 89° 44' 10" W. ,
along the north line of Section. 21, a distance of 1150. 91 feet to the TRUE
POINT OF BEGINNING;
1. Thence S. 89° 44' 10" W. , along the north line of Section 21, a
distance of 309.77 feet.
2. Thence S. 0° 20' 13" E. , a distance of 90. 00 feet;
3. Thence S. 72° 43' 48" E. , a distance of 419.12 feet;
4. Thence S. 56° 43' 34" E. , a distance of 400. 91 feet;
5. Thence S. 69° 17' 22" E. , a distance of 225. 67 feet;
6. Thence S. 43° 32' 16" E. , a distance of 576. 68 feet;
7. Thence S. 13° 53' 14" E. , a distance of 410.33 feet;
8. Thence N. 89° 28' 57" E. , a distance of 30. 00 feet to a point on the
east line of Section 21;
9. Thence N. 0° 31' 03" W. , along the east line of Section 21, a
distance of 465.46 feet;
10. Thence N. 48° 04' 31" W. , a distance of 599.44 feet;
11. Thence along the arc of a curve to the left having a radius of
2794.79 feet, a distance of 854.79 feet (the chord of said arc bears
N.56°50'14"W. , a distance of 851.46 feet) , more or less, to the TRUE
POINT OF BEGINNING.
The above described Parcel contains 5.996 acres, (261175 square feet) ,
more or less, of which 0.565 acres are in the right of way of the present
road, leaving a net acreage of 5.431 acres.
Basis of Bearings: All bearings are based on a line connecting the NE
corner of Section 21, T. 5 N. , R. 64 W. , 6th P.M. (rebar in casing) and the N
1/4 corner of Section 21, (P.K.. nail) as bearing S. 89° 44' 10" E.
For and on Behalf of the
Department of Transportation
Stan Vermilyea, PLS 25381
1420 2nd St. Greeley, Co.
Reserving unto the grantor all coal, oil, gas and other
hydrocarbons, and all clay and other valuable minerals in and under said
premises; provided, however, and the grantor hereby covenant and agree that
the grantee shall forever have the right to take and use, without payment
of further compensation to the grantor, any and all sand, gravel, earth,
rock, and other road building materials found in or upon said Parcel No. 2A.
The grantor further covenant and agree that no exploration for, or
development of any of the products hereby reserved will ever be conducted
on or from the surface of the premises hereinabove described, and that in
the event any of such operations may hereafter be carried on beneath the
surface of said premises, the grantor shall perform no act which may impair
the subsurface or lateral support of said premises. This reservation and
the covenants and agreements hereunder, shall inure to and be binding upon
the grantor and its heirs, personal and legal representatives, successors
and assigns forever.
941056
Hello