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HomeMy WebLinkAbout20243407.tiffRESOLUTION RE: ACCEPT DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR COUNTY ROAD 72 AND STATE HIGHWAY 257 INTERSECTION IMPROVEMENTS PROJECT, AND AUTHORIZE CHAIR TO SIGN - JOURNEY CHURCH AT WINDSOR 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 Deed of Dedication for Public Road Right -of -Way for the County Road 72 and State Highway 257 Intersection Improvements 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 Journey Church at Windsor, commencing upon full execution of signatures, 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 County Road 72 and State Highway 257 Intersection Improvements 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 Journey Church at Windsor, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said deed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of December, A.D., 2024. ATTEST: Weld County Clerk to the Board BY: AP Ott/0;W • 1,0 aA uAlL Deputy Clerk to the Board County A orneyhi? Date of signature: BOARD OF COUNTY COMMISSIONERS WELD COUN • LORA P • Kevi Ross, Chair Perry L. Bug c, Pro-Tem Mike Freeman James CG:PW(cH D/DA/S3) 01/23/25 Saine 0 2024-3407 EG0082 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County Road 72 Acceptance of Right of Way Dedication DEPARTMENTS: Planning Services & Public Works DATE: December 18, 2024 PERSON REQUESTING: Dawn Anderson Brief description of the problem/issue: The Town of Windsor has a large development, Prairie Song, which is part of the Tacincala Subdivision 2nd Filing, that is triggering requirements to complete roadway safety improvements on Weld County Road (WCR) 72 east of State Highway (SH) 257. Improvements include the widening of this roadway to install auxiliary lanes with proper roadside ditch. On both, the north and south sides of WCR 72 the developer had to acquire additional land, at their cost, to meet the criteria for the roadway design. The applicant has acquired those land rights necessary and is ready to convey them to Weld County, as required. Attached are two Deed of Dedication forms with legal descriptions including exhibits for the areas necessary for the roadway improvements. The Board of County Commissioners must accept the Deeds of Dedication to finalize the transfer of the land. • Acceptance of Journey Church at Windsor Deed of Dedication — 4,621 SF or 0.106 Acres • Acceptance of Town of Windsor Deed of Dedication — 13,549 SF or 0.311 Acres What options exist for the Board? Consequences: Acceptance of the Deed of Dedications, will allow the county to maintain the infrastructure improvements without encroaching on private property. Impacts: None Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Neither of the dedications of land are a cost to the county but will ensure maintenance of WCR 72 by county staff while it remains in our jurisdiction. Recommendation: Staff recommends that the Board accept both Right of Way dedications. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine like trnoil VitxjI 2024-3407 El/3D Karla Ford From: Sent: To: Cc: Subject: Yes - thanks ** Sent from my 'Phone ** Scott James Thursday, December 19, 2O24 12:14 PM Karla Ford Lori Saine Re: Please Reply - Pass Around: WCR 72 Deed of Dedications Scott K. James Weld County Commissioner, District 2 115O O Street, P.O. Box 758, Greeley, Colorado 8O632 97O.336.72O4 (Office) 97O.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachment; by anyone other than the named recipient is strictly prohibited. On Dec 19, 2O24, at 11:11 AM, Karla Ford <kford@weld.gov>wrote: Please advise if you support recommendation and to have department place on the agenda. Karla Ford X Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 970.336-7204 :: kford@weld.gov:: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m,.4:00p.m.** <imageOO2.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine@weldgov.com Website: www.co.weld.co.us In God We Trust Lori Saine Thursday, December 19, 2024 11:31 AM Karla Ford; Scott James RE: Please Reply - Pass Around: WCR 72 Deed of Dedications Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weld.gov> Sent: Thursday, December 19, 2024 10:11 AM To: Scott James <sjames@weld.gov>; Lori Saine <Isaine@weld.gov> Subject: Please Reply - Pass Around: WCR 72 Deed of Dedications Importance: High Please advise if you support recommendation and to have department place on the agenda. Karla Ford X 1 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this /O day of D.ete•nloe r , 2024, between Journey Church at Windsor (referred to herein as "Grantor", whether one or more), whose legal address is 8075 County Road 72, Windsor Colorado 80550 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. 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: oZ�. �-w-- urney Church at Windsor STATE OF COLORADO ) ss. COUNTY OF Well ) The foregoing instrument was acknowledged before me this 1(2 day of £)e"' t , 2024, by sf ep4en f-ee E/,nor . an A.M0 `4e,o cued of u�rney 6AutaA aT ul:n.lso!' Witness my hand and official seal. Notary Public Coen, ss%n4 Exp%res ACCEPTANCE MINAS KAVAU.IEROS NOTARY PUBUC STATE OF COLORADO NOTARY ID 20194033599 MY COMMISSION EXPIRES SEPTEMBER 21,2027 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 30th day of DeCf h'Lb2 V , 2024. ATTEST: dgerifiA) BOARD OF COUNTY COMMISSIONERS Weld ounty Clerk to the Boar ! , f �.� . a LD CO By: .No Deed of Dedication is valid unti ard of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). (Version 2024-01-30) EXHIBIT A LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION A PARCEL OF LAND OVER PART OF LOT B, RECORDED EXEMPTION NO. RE -2581, RECORDED AT RECEPTION NO. 2798518 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4, BEING MARKED BY A NO.6 REBAR OF UNKNOWN LENGTH WITH 3-1/4" ALUMINUM CAP STAMPED, PLS 22098 IN A RANGE BOX; THENCE N89°45'41 "E, A DISTANCE OF 454.85 FEET ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE N00°06'07"W, A DISTANCE OF 30.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 72 AND THE POINT OF BEGINNING; THENCE ON SAID NORTHERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING FIVE (5) COURSES; 1. S89°45'29"W, A DISTANCE OF 4.92 FEET; 2. N00°14'31"W, A DISTANCE OF 20.03 FEET; 3. S89°45'29"W, A DISTANCE OF 369.28 FEET; 4. N00°14'33"W, A DISTANCE OF 2.83 FEET; 5. N40°57'06"W, A DISTANCE OF 9.45 FEET; THENCE N89°45'41 "E, A DISTANCE OF 431.34 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT B; THENCE S59°17'00"W, A DISTANCE OF 59.15 FEET ON SAID SOUTHEASTERLY LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 4,621 SQUARE FEET OR 0.106 ACRES, MORE OR LESS. BASIS OF BEARINGS: ALL BEARINGS ARE GRID BEARINGS OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983 IN WHICH SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4 BEARS N89°45'41 "E, A DISTANCE OF 2632.18 FEET, MONUMENTED ON THE WEST BY A NO.6 REBAR OF UNKNOWN LENGTH WITH 3-1/4" ALUMINUM CAP STAMPED, PLS 22098 IN A RANGE BOX, AND ON THE EAST BY A NO. 6 REBAR OF UNKNOWN LENGTH WITH 3-1/4" ALUMINUM CAP STAMPED, PLS 22098 IN A RANGE BOX WITH ALL OTHER BEARINGS REFERENCED THERETO ILLUSTRATION IS ATTACHED HE O AND IS ONLY INTENDED TO DEPICT EXHIBIT A - LEGAL DESCRIPTION. IN THE EVENT TH • ._�.�.u:l.!: •-_`.;,NS ;L;, BIGUITY, ILLUSTRATION MAY BE USED TO RESOLVE SAID AMBIGUITY. PREPARED FOR AND • 'ALF OF GALLOWAY BY READE COLIN ROSELLES, PLS# 37911 5004685 Pages: 3 of 4 01/09/2025 03:50 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 11'4110441NliVA Ilk "III June 20, 2024 HAHartford Homes\CO Windsor HFH21 - Prairie Song\Project Files\0SW\3-Docsll_egalslRO1M-Offsite-JourneyChurch-description.doc PONT OF CODU CHIT SOUTHWEST CORNER SECTION 4, T. 6 N., R. 67 W. FOUND NO. 6 REBAR OF UNKNOWN LENGTH WITH 3-1/4" ALUMINUM CAP STAMPED "PLO 22098" IN RANGE BOX N 0 20 50 100 SCALE: 1"=100 EXHIBIT A (PAGE 2) N40'57'06'W 9.45' LOT B RIGHT-OF-WAY RECORDED EXEMPTION NO: RE -2581 REC. NO. 2798518 N89'451411 431.34' DEDICATION 4,621 SF 0.106 AC N014'33'W S89'45'29"W 369.28' NO14'31'W 20.03' 283' S89 45'29'W 4.92' N89'45'41"E 454.85' N89'45'41"E 2632.18' BASIS OF BEARINGS 917'00'W 59.15' POINT OF BEGNNNG .D'O6'07"W 30.00 KID COUNTY ROAD 72 RIGHT-OF-WAY VARIES SOUTH QUARTER CORNER SECTION 4, T. 6 N., R. 67 W. FOUND NO. 6 REBAR OF UNKNOWN LENGTH WITH 3-1/4" ALUMINUM CAP STAMPED "PLS 22098" IN RANGE BOX 5004685 Pages: 4 of 4 01/09/2025 03:50 PM R Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII kIr.1NN 14ilf'ifril' 11111 LEGEND ALIQUOT CORNER (AS DESCRIBED) RIGHT -OF -RAY DEDICATION - - - - PLSS ALIQUUT LINE ALL LINEAL UNITS ARE US SURVEY FEET PART OF THE SOUTHWEST QUARTER OF SECTION 4, T. 6 N., R. 67 W. OF THE 6TH P.M. WELD COUNTY, COLORADO JOURNEY CHURCH AT WINDSOR RIGHT-OF-WAY DEDICATION Project No: HFH0000021.10 AN Drawn By: Checked By: RCR Date: 6/20/2024 Ga oway 5265,mM R.pn 6M , Suite 210 Johnstown, CO 80534 970.800.3300 • GalbwayUS.c. Hello