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HomeMy WebLinkAbout20241139.tiffRESOLUTION RE: ACCEPT DEED OF DEDICATION FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROAD 44 AND U.S. HIGHWAY 85 PECKHAM INTERCHANGE PROJECT, AND AUTHORIZE CHAIR TO SIGN - PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP 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 Purchase of Certain Property for Public Road Improvements for County Road 44 and U.S. Highway 85 Peckham Interchange 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 Petrocco Family Limited Partnership, LLLP, 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 Purchase of Certain Property for Public Road Improvements for County Road 44 and U.S. Highway 85 Peckham Interchange 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 Petrocco Family Limited Partnership, LLLP, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said deed. cc:Pw(cH/DN/cp/SE),PL. (a) ©5 /x2 -/2y 2024-1139 EG0082 DEED OF DEDICATION FOR PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS FOR COUNTY ROAD 44 AND U.S. HIGHWAY 85 PECKHAM INTERCHANGE PROJECT - PETROCCO FAMILY LIMITED PARTNERSHIP, LLLP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of May, A.D., 2024. BOARD OF COUNTY • ►1 ISSIONERS WELD CO COLORADO ATTEST: .A4;4 Weld County Clerk to the Board BY dettCfni • 1C)0' o r c Deputy Clerk to the Board ounty Attorney Date of signature: 5' /51 Ross, Chair Perry L. Bu' , Pro-Tem Mike Fr-eman James aine 2024-1139 EG0082 MEMORANDUM TO: Clerk to the Board DATE: May 8, 2024 FROM: Elizabeth Relford — Public Works/Planning Dept. SUBJECT: Acceptance of CR 44 ROW Dedication - Peckham Staff requests the Board adopt the Resolution accepting the attached Deed of Dedication for the acceptance of Weld County Road (WCR) 44 Public Road Right of Way from Petrocco Family Limited Partnership, LLLP for the Peckham Interchange. CDOT has completed the Peckham Interchange improvements at US 85 and WCR 44. Weld County vacated those portions of WCR 44 at Union Pacific Railroad, as part of Docket 0 2022 - 0562. With the reconfiguration of WCR 44 into a grade separation over US 85, CDOT constructed a cul - de - sac for traffic needing to turn around at the WCR 44/Union Pacific Railroad dead - end. The purpose of this deed of dedication was for the construction of those turnaround improvements. Staff is available to answer any questions. 2024-1139 5/3 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this 10th day of November, 2021, between Petrocco Family, . Limited Partnership,. Colorado Limited Liability Partnership (referred to herein as "Grantor", whether one or more), 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 "0" 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(l)(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. GRA OR: SR. Petrocco, Sr., General Partner STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _Irtday of No,,,,, ✓ kn Witness my hand and official seal. NotaryPufilic STEPHANIE CASE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154015966 MY COMMISSION EXPIRES 04121/2023 , 2021, by 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 0 day of ATTEST: jdo. 447;44)r Weld ' o - , y Clerk to the oard By: Deputy t'erk , 2024. BOARD OF COUNTY COMMISSIONERS WELD q:14,11= CO O Chair, Board of County Commissioners *No Deed of Dedication is voltrd of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). 4960839 Pages: 1 of 3 05/18/2024 12:58 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO II 2v0241- //v 9 Signature: Email: thomas.nicholas+1@state.co.us EXHIBIT "A" PROJECT NUMBER: NHPP 0853-107 PARCEL NUMBER: PE-16REV PROJECT CODE: 21907 DATE: May 20, 2020 DESCRIPTION A Permanent Easement No. PE-16REV of the Department of Transportation, State of Colorado Project No. NHPP 0853-107 containing 8,755 sq. ft. (0.201 acres), more or less, being a portion of the Southwest Quarter of Section 14, Township 4 North, Range 66 West, of the 6th Principal Meridian, Weld County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the Southwest Corner of said Section 14, Thence North 87°50'45" East a distance of 1343.61 feet to a point on the Easterly right of way of the Union Pacific Railroad and the Northerly right of way of Weld County Road 44, said point being the TRUE POINT OF BEGINNING: 1. Thence North 40°27'36" East along said Easterly right of way a distance of 98.35 feet; 2. Thence North 90°00'00" East a distance of 60.78 feet; 3. Thence South 36°22'50" East a distance of 89.58 feet to the Northerly right of way of the Weld County Road 44; 4. Thence South 89°07'31" West, along said Northerly right of way a distance of 177.76 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 8,755 sq. ft. (0.201 acres), more or less. The purpose of the above described Permanent Easement is for Roadway Basis of Bearings: The South line of the Southwest Quarter of said Section 14, Township 4 North, Range 66 West being monumented at the South Quarter Corner by a rebar and 2 1/2" aluminum cap stamped RLS 28656, '/a ,S214S23,1994 and at the Southwest Corner by a rebar and 2 Vs" aluminum cap stamped RLS 12374, S15,S14,S22,S23, 14,S22,S23, 1997 with a grid bearing between of South 89°07'31" West, 2664.97 feet as obtained from a Global Positioning System (GPS) survey based on the National Spatial Reference System (NSRS). For and on behalf of the Colorado Department of Transportation Thomas W. Nicholas, PLS 28657 10601 W 10th Street Greeley, CO 80634 4960839 Pages: 2 of 3 05/16/2024 12:56 PM R Fee :$0.00 Carly Kappa,, Clerk and Recorder, Wald County , CO IIIII I .rN�C I+j4iYGeEiki trWi I Colorado Department of Transportation r- ,, ta50i w- latn St!e9i Geeq A. ✓ Phone r4JQ ]9G auJ Region 4 Right of Woy 1JN SO. 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