HomeMy WebLinkAbout20241442.tiffMEMORANDUM
TO: Esther Gesick, CTB DATE: May 23, 2024
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 1of1
C-I—
u(3/Z4-
2024-1442
EGOOS?
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), executed this /' day of 4"7 , 20a'
is made between Michael R. Dreiling, (referred to herein as "Owner", whether one or more),
whose 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 "County"), whose legal address is 1150 "O" Street, Greeley,
Colorado 80631:
WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt
and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County
a Temporary Construction Easement, covering 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.
Subject to the following conditions:
1. The TCE is conveyed from Owner to County immediately and shall expire and be of no
further force or effect two (2) years later, or upon the County's determination that the
Project is complete, whichever is earlier.
2. The right to use the TCE shall belong to the County and its agents, employees, designees,
contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of
the County for the purpose of surveying, appraising, establishing, laying, constructing,
reconstructing, installing, realigning, modifying, replacing, improving, adding, altering,
substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or
repairing the roadway improvements, including the storage of materials related to said
roadway improvements.
3. County shall have the right of ingress, egress, entry and access in, to, through, on, over,
under, and across the TCE from any adjacent property to which County has legal access,
for any and all purposes necessary and/or incident to the exercise by the County of the
rights granted to it hereunder. At the expiration of the term of this TCE, County shall
promptly repair any damage to Owner's property caused by County, its agents, employees,
contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain
the Owner's property in substantially as good or better condition as existed prior to use by
County.
4. County agrees that any current access to the property from the road Right -of -Way shall
remain open throughout the term of the TCE.
OWNER:
Michael R. De iling
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this /4.
day of pay- , 2024,
by frilehad Pal I ►n9
Witness my hand and official seal.
ltc
HOLLY ANN ALLEN
Notary Public
State of Colorado
Notary ID # 20234009672
My Commission Expires 03-13-2027
(Version 2024-01-30)
EXHIBIT "A"
PROJECT CODE: 25008
PROJECT NUMBER: AQC C030-086
PARCEL NUMBER: TE-01
DATE: February 13, 2023
LEGAL DESCRIPTION
A tract or parcel of land No. TE-01 of the County of Weld Project Code 25008, Project Number AQC 0030-086, containing 17,775 square feet
(0.408 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 58°20'59" West a distance of 94.07 feet, to a point on the
Northerly Right-of-way line of State Highway 52, said point being the POINT OF BEGINNING.
1. Thence along said Northerly Right-of-way line South 89°32'25" West a distance of 14.08 feet;
2. Thence departing said Northerly Right-of-way line North 44°16'20" East a distance of 70.36 feet;
3. Thence North 01°30'28" East a distance of 175.32 feet;
4. Thence North 00°05'17" West a distance of 513.31 feet;
5. Thence South 89°54'43" West a distance of 40.00 feet;.
6. Thence North 00°05'17" West a distance of 60.00 feet;
7. Thence North 89°54'43" East a distance of 40.00 feet;
8. Thence North 00°05'17" West a distance of 719.81 feet;
9. Thence North 89°54'43" East a distance of 10.00 feet, to a point on the Westerly Right-of-way line of County Road 41;
10. Thence along said Westerly Right-of-way line, South 00°05'17" East a distance of 1293.26 feet;
11. Thence South 01°30'28" West a distance of 179.37 feet;
12. Thence South 44°16'20" West a distance of 64.37 feet, to the POINT OF BEGINNING.
The above -described parcel contains 17,775 sf. (0.408 ac.), more or less.
The purpose of the above -described Temporary Easement is for activities associated with roadway construction.
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
EXHIBIT -A
NORTHEAST CORNER
MICHAEL R. & DORIS
DREILING L1
PARC. # 147305100026
RECP.# 1572707
RECP.# 1572708
LOT -B RE 3260
REC#2963074
S5-T1N-R65W FOUND 3 1/4"
ALUMINUM CAP LS34993 2007
IN A MONUMENT BOX
0
, 26622.522.5 4,W
;PS? 0 L
r ;- . `'� ��� ' y . s;
LINE TABLE
L9
�
LINE
BEARING
DISTANCE
,a
_ : oF
L1
N5820'59"W
94.07'
'
L2
S89'32'25"W
14.08'
l000'
1" T '
L3
N44'16'20"E
70.36'
`'••3 63
s/ANAL
L4
NO1'30.28"E
175.32'
('Cr
LA
L5
N00'05'17"W
513.31'
L6
S89'54'43"W
40.00'
Dea
L7
NO0'05'17"W
60.00'
1O.1
0
L8
N89'54'43"E
40.00'
L7 `'
1
L9
NO0'05'17"W
719.81'
L6
: --
L10
N89'54.43"E
10.00'
L11
SOO'05'17"E
1293.26'
O
c.
L12
SO1'30'28"W
179.37'
L13
S4416'20"W
64.37'
i Z
L5
C�~ TE-01
S' TEMPORARY CONSTRUCTIO
EASEMENT ACQUIRED
17,775 sf. OR 0.408 ac.±
50' RIGHT-OF-WAY L4
DEPARTMENT OF TRANSPORTATION,
STATE OF COLORADO
RECP. 34 6 68, =a, 2007 L3
XISTING 60' �y
RIGHT OF WAY
RECP.#36500 1�
APRIL 21, 2890 50'
12
13
_ - - N89'32�25"E i Pt. � PL
L2
PL ≥'L L
-4-t1N
2638.33' _ __
- - - 50' RIGHT-OF-WAY P.O.B.
WELD WAY D
RIGHT OF WAY DEED
RECP.0805167, DEC. 17, 1938
ENTER ONE -QUARTER CORNER BASIS OF
S5-TIN-R65W FOUND #6 REBAR BEARING
IN A MONUMENT BOX S 2635.43' E
SAKATA LAND COMPANY
1' 60.
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A 9$ E,
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. ��1,
IT IS INTENDED TO ILLUSTRATE THE ATTACHED S"
PROPERTY DESCRIPTION ONLY.
_ 52
.O.C.
EAST ONE -QUARTER CORNER
r i S5 -T1 N-R65W FOUND 3 1/4"
ALUMINUM CAP ILLEGIBLE IN A
E, ,,,
MONUMENT BOX � �-
S ,
RUEGGE SRS.
OUTHEAST CORNER
S5-TIN-R65W FOUND 2 1/2"
i ALUMINUM CAP LS25965
I 1997 IN A MONUMENT BOX
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
':�
''�7
G_O
1861
�r�,'�i=;
I,
U
��
N T Y
i \
,./
g
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 41 & HWY 52
INTERSECTION PROJECT
DREILING - TE-01
WELD COUNTY, COLORADO
PROJECT NO: GR-69 SCALE: 1"=300
DATE: 2-13-23 DRAWN BY: DRHISHEET: 2 at -2
WARRANTY .=
THIS DEED made this day of 1 2 made
between
MICHAEL R. DREILING
whose legal address is
19819 COUNTY ROAD 14, FORT LUPTON, CO 80621
of the County of Weld in the State of COLORADO, grantor(s),
and
DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO
whose legal address is
2829 W HOWARD PLACE, DENVER, COLORADO 80204
of the City and County of DENVER in the State of COLORADO, grantee:
Exempt from Documentary, Fee
WITNESS, that the grantor, for good and 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, heirs and assigns forever, all the real property, together with improvements, if any,
lying and being in the County of WELD and the State of COLORADO, described as follows:
See attached Exhibit "A & B" dated March 3, 2023 for:
Project Number: AOC C030-086 .Project Code. 25008 ? Parcel„Number ,RW-0),.RW-01A
alown bsknostreetd n anumber as: Vacant Land Fort Lupton, CO 80621
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, on in anywise appertaining,
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,
and the grantees heirs and assigns forever. The grantor, for itself, and the grantor's heirs, assigns and personal
representatives, does covenant, grant, bargain, and agree to and with the grantee, the grantees heirs and assigns, that at
the time of the ensealing and delivery of these presents, grantor 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:
Excepting from the subject property described herein as Exhibit "A & B", the mineral estate and including all coal, oil, gas
and other hydrocarbons, and all clay and other valuable mineral in or under said subject property. The grantor hereby
covenants and agrees 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 subject property
and belonging to the grantor.
The grantor further covenants and agrees that no exploration for, or development of any of the products, as described
above, and owned by the grantor heretofore or hereafter the date set forth above and hereby excepted, will ever be
conducted on or from the surface of the premises as described as Exhibit "A & B", 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. These covenants and agreements hereunder, shall inure to and
be binding upon the grantor and its heirs, personal and legal representatives, successors and assigns forever.
The grantor shall and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the grantee, the grantee's heirs and assigns, against all and every person for persons lawfully claiming the
whole or any part thereof.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
GRANT
Michael R. Dreiling
HOLLY ANN ALLEN
Notary Public
State of Colorado
Notary ID # 20234009672
STATE OF COLORADO ss. My Commission Expires 03-13-2027
County of Weld /J
The farpgoing instrument was acknowledged before me this this day of
2 by Michael R. Dreiling.
Witness my hand and official seal.
My commission expires: - I 3 -
EXHIBIT "A"
PROJECT CODE: 25008
PROJECT NUMBER: AQC C030-086
PARCEL NUMBER: RW-01
DATE: February 13, 2023
LEGAL DESCRIPTION
A tract or parcel of land No. RW-01 of the County of Weld Project Code 25008, Project Number AQC C030-086,
containing 1,257 square feet (0.029 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-S-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 58°20'59" West a distance of 94.07
feet, to a point on the Northerly Right-of-way line of State Highway 52, said point being the POINT OF BEGINNING.
1. Thence departing said Northerly Right-of-way line North 44°16'20" East a distance of 64.37 feet;
2. Thence North 89°54'43" East a distance of 5.00 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 45.70 feet, to a point on
the Northerly Right-of-way line of State Highway 52;
4. Thence along said Northerly Right-of-way line, South 89°32'25" West a distance of 50.00 feet to the
POINT OF BEGINNING.
The above -described parcel contains 1,257 sf. (0.029 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
EXHIBIT -A
MICHAEL R. & DORIS
DREILING
PARC. # 147305100026
RECP.# 1572707
RECP.# 1572708
LOT -B RE 3260
REC#2963074
LINE TABLE
LINE
BEARING
DISTANCE
L1
L2
N58'20'59"W
N44'16'20"E
N89'54'43"E
S00 05'17"E
S89'32'25"W
94.07'
64.37'
5.00'
45.70'
50.00'
L3
L4
L5
RW-01
RIGHT—OF—WAY
ACQUIRED
1,257 sf. OR
0.029 ac.*
PL PL
DEPARTMENT OF TRANSPORTA 10N,
STATE OF COLORADO
WARRANTY DEED
RECP.JF3476063 MAY 16, 2007
P.0.B.
A N89'32'25"E
V 2638.33'
WELD COUNTY
R[GHT OF WAY DEED
RECP.It8tl5167, DEC. 17, 1938
CENTER ONE -QUARTER CORNER
S5-T1N-R65W FOUND #6 REBAR
IN A MONUMENT BOX
MI NO 11110
SAKATA LAND COMPANY
3
L3
L4
1
ORTHEAST CORNER
S5 -T1 N-R65W FOUND 3 1/4"
ALUMINUM CAP LS34993 2007
• IN A MONUMENT BOX
PL. PL
.O.C.
EAST ONE -QUARTER CORNER
S5-T1N-R65W FOUND 3 1/4"
ALUMINUM CAP ILLEGIBLE IN A
MONUMENT BOX
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.
CDOT RIGHT OF WAY
ACQUISITION
DREILING - RW-01
WELD COUNTY, COLORADO
HWY 52
• ROBERT & BARBARA
RUEGGE
OUTHEAST CORNER
�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: I "-50
DATE: 2- (1 Z 1 (DRAWN BY: DRHISHEET: 2 of 2
EXHIBIT "B"
PROJECT CODE: 25008
PROJECT NUMBER: AQC C030-086
PARCEL NUMBER: RW-01A
DATE: February 13, 2023
LEGAL DESCRIPTION
A tract or parcel of land No. RW-01A of the County of Weld Project Code 25008, Project Number AQC C030-086,
containing 1,368 square feet (0.031 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 North 89°54'43" East a distance of 30.00 feet, to a point
on the East line of said Northeast One -Quarter;
2. Thence along said East line, South 00°05'17" East a distance of 45.50 feet, to a point on the Northerly
Right-of-way line of State Highway 52;
3. Thence along said Northerly Right-of-way line, South 89'32'25" West a distance of 30.00 feet, to a point
on the Westerly Right-of-way line of County Road 41;
4. Thence along said Westerly Right-of-way line, North 00°05'17" West a distance of 45.70 feet to the POINT
OF BEGINNING.
The above -described parcel contains 1,368 sf. (0.031 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 IS 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
EXHIBIT -B
MICHAEL R. & DORIS
DREILING
PARC.# 147305100026
RECP.# 1572707
RECP.# 1572708
LOT -B RE 3260
REC#2963074
T.WELD COUNTY
RIGHT OF WAY DEED
RECP.A805167, DEC. 17, t938
CENTER ONE -QUARTER CORNER
S5-T1N-R65W FOUND #6 REBAR
IN A MONUMENT BOX
LINE TABLE
LINE
L1
L2
BEARING
DISTANCE
N17'31'38"W
N889'54'43"E
S00'05'17"E
S89'32'25"W
NO0'05'17"W
100.10'
30.00'
45.50'
30.00'
45.70'
L3
L4
L5
RW-01A P.O.B.
RIGHT—OF—WAY
ACQUIRED
1,368 sf. OR
0.031 ac.±
DEPARTMENT OF TRANSPORTATION,
STATE OF COLORADO
WARRANTY DEED
RECP.A3476068, MAY t6, 2007
Ij N89'32'25"E
V 2638.33'
MI WI IIMEMININE, Mt
SAKATA LAND COMPANY
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.
CDOT RIGHT OF WAY
ACQUISITION
DREILING - RW-0IA
WELD COUNTY, COLORADO
L5 ` <. ' L3
4
NORTHEAST CORNER
S5 -T1 N-R65W FOUND 3 1/4"
ALUMINUM CAP LS34993 2007
IN A MONUMENT BOX
O
Or
tt
X[SU G 60'
RIGHT OF WAY
RECP.u36500
AP L'2 1890
D.C..
EAST ONE -QUARTER CORNER
S5-T1N-R65W FOUND 3 1/4"
ALUMINUM CAP ILLEGIBLE IN A
MONUMENT BOX
HWY 52
• ROBERT & BARBARA
• RUEGGE &.5
•UTHEAST CORNER 'T
•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 SCALE: I - 50
DATE: '- t 3-23 'DRAWN BY: DRH(SHEET: 2 of
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