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HomeMy WebLinkAbout20241403.tiffRESOLUTION RE: ACCEPT DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROAD 41 AND STATE HIGHWAY 52 INTERSECTION PROJECT, AND AUTHORIZE CHAIR TO SIGN - MICHAEL DREILING 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, at a hearing held on the 29th day of April, 2024, the Board of Weld County Commissioners approved Resolution #2024-1026, Memorandum of Agreement for the Purchase of Certain Property for Public Road Improvements for the County Road 41 and State Highway 52 Intersection Project, between the Department of Public Works and Michael Dreiling, and WHEREAS, the Board has been presented with a Deed of Dedication for Public Road Right -of -Way for the Purchase of Certain Property for Public Road Improvements for the County Road 41 and State Highway 52 Intersection Project 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 Michael Dreiling, with further 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 Deed of Dedication for Public Road Right -of -Way for the Purchase of Certain Property for Public Road Improvements for the County Road 41 and State Highway 52 Intersection Project 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 Michael Dreiling, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said deed. 4965796 Pages: 1 of 2 06/13/2024 12:21 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO RICH Milk 11111 cctPwCCI-I /001 ffy-)/ SB/ E 2.a) 2024-1403 OCo f 13 1 &Li EG0082 ACCEPT DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROAD 41 AND STATE HIGHWAY 52 INTERSECTION PROJECT — MICHAEL DREILING PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of June, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C ATTEST: _... o .4':44;e1 Weld County Clerk to the Board aictii us a Deputy Clerk to the Board AP ' •` ED orney Date of signature: h1O Zt4 4965796 Pages: 2 of 2 06/13/2024 12:21 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 0 Ke�cin-q. Ross, Chair Perry L. Eck, Pro-Tem ike Freeman Saine 2024-1403 EG0082 MEMORANDUM TO: Esther Gesick, CTB DATE: May 23, 2024 G D!� _� Y FROM: Erich Green, P.E., Public Works Dept. SUBJECT: Accept Owner -Signed Deed of Dedication as Public Road Right -of -Way (Parcel RWE-01) (WCR 41/SH 52 Intersection Improvements) Property Owner: Michael R. Dreiling Contract ID Number: 8043 Tyler Reference Number: 2024-1026 Please place the attached owner -signed Deed of Dedication under New Business of the soonest possible BOCC hearing for consideration of acceptance. I will provide the original to your office prior to the BOCC hearing. The Memorandum of Agreement allowing payment to the property owner was approved by the Board on April 29, 2024. In addition, please place the following land conveyance documents under the Consent Agenda of the soonest possible BOCC hearing: • Warranty Deed for Parcels RW-01 and RW-01A (CDOT Right -of -Way) (Recorded) • Grant of Temporary Construction Easement for Parcel TE-01 Images of these land conveyance documents are also attached, and no further Board action or recordation is required following approval of the Consent Agenda. Page l of 2024-1403 (P/3 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of 20—, between Michael R. Dreiling (referred to herein as "Grantor", whether one or more), who legal address is 19819 County Road 14, Fort Lupton, CO 80621 and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (referred to herein as "Grantee"), whose legal address is 1150 "O" Street, Greeley, Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged, does, pursuant to Colorado Revised Statute §43-2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right -of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit A. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights -of -way, easements, and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non -tributary and not non -tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: MichaeFR. Dreillig STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of /"�" 'Ly , 2024, HOLLY ANN ALLEN Notary Public State of Colorado Notary ID # 20234009672 My Commission Expires 03-13-2027 by Michael R. Dreiling. Witness my hand and official seal. My Commission Expires: - ,2027, ACCEPTANCE The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this ay of , 2024. ATTEST: J BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board � 1 / � WELD COUNT_C_OLORADO BO-a:mrn.aJout� Deputy Clerk to the Boar *No Deed of Dedication is vali 43-2-201(1)(a). 4965797 Pages: 1 of 3 06/13/2024 12:21 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 RIFINHIAterikti 11.1.1i1 IA WPM Ili Li, II II Reo1 Chair, Board of County Commissioners and of County Commissioners pursuant to C.R.S. 31-30) 02002'/ /13 EXHIBIT "A" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RWE-01 DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. RWE-01 of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 448 square feet (0.010 acres), more or less, being a part of the Northeast One -Quarter (NE1/4) of Section 5, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, located in Lot -B of Recorded Exemption No. 1473-5-1 RE3260, filed in the Weld County Clerk and Recorders office under reception No. 2963074, Dated June 21, 2002 and being more particularly described as follows: COMMENCING at the East One -Quarter Corner of said Section 5; Thence North 17°31'38" West a distance of 100.10 feet, to a point on the Westerly Right-of-way line of County Road 41, said point being the POINT OF BEGINNING. 1. Thence departing said Westerly Right-of-way line South 89°54'43" West a distance of 5.00 feet; 2. Thence North 01°30'28" East a distance of 179.37 feet, to a point on the Westerly Right-of-way line of County Road 41; 3. Thence along said Westerly Right-of-way line, South 00°05'17" East a distance of 179.30 feet, to the POINT OF BEGINNING. The above -described parcel contains 448 sf. (0.010 ac.), more or less. Basis of Bearings: The Basis of Bearings for project reference is the West line of the Southwest One -Quarter of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. From the Southwest Corner of said section 4, being monumented by A No. 6 rebar with a 2.5 -inch aluminum cap stamped LS 25965, 1997 in a monument box at the South end, to the West One -Quarter of said section 4, being monumented by A No. 6 rebar with a 3.25 -inch aluminum cap illegible in a monument box at the North End, as Bearing North 00°02'05" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2635.43 feet, with all other bearings contained herein relative thereto. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4965797 Pages: 2 of 3 06/13/2024 12:21 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII lNFJlY rilViiarirdilWMIE NPLis'ALYI BIM EXHIBIT -A MICHAEL R. & DORIS DREILING PARC.#147305100026 RECP.# 1572707 RECP.# 1572708 LOT -B RE 3260 REC#2963074 UNE TABLE UNE BEARING DISTANCE L1 L2 N17'31'38'W S89'54'43"W N01'30'28'E S00'05'17'E 100.10' 5.00' 179.37' 179.30' L3 L4 WE=Q1 RIGHT —OF —WA ACQUIRED 448 Sf. OR 0.010 ac.± PL PL DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO WARRANTY DEED RECP.*3476068, MAY 16, 2007 N89'32'25'E PL L 2638.33' WELD COUNTY RIGHT OF WAY DEED RECP,805167, DEC. 17, 1938 —CENTER ONE —QUARTER CORNER S5-T1N-R65W FOUND #6 REBAR IN A MONUMENT BOX m � a SAKATA LAND COMPANY T s� LLo�. DU� �3Z m oa01i in Y rl L 4.Nm�Nv NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGHT OF WAY ACQUISITION DREILING - RWE-01 N "a WELD COUNTY, COLORADO r�x.7 W � L L4 L1 RIGHT OF WAY RECP.136500 P.O.B. APRIL 21, 1890 NORTHEAST CORNER S5-T1N-R65W FOUND 3 1/4' ALUMINUM CAP LS34993 2007 IN A MONUMENT BOX J C7 PL PL .O.C. EAST ONE -QUARTER CORNER S5 —T1 N—R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX 6- 1861 HWY 52 rWIIIIIEWMIEll NI WI IMMMINIM • ROBERT & BARBARA • RUEGGE \1d , OUTHEAST CORNER S �S5-T1N-R65W FOUND 2 1/2" ALUMINUM CAP LS25965 ■ 1997 IN A MONUMENT BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT PROJECT NO: GR-69 I SCALE: 1 "=50 DATE: 2-13-23 DRAWN BY: DRHISHEET: 2 of 2 Hello