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Home My WebLink About20241639.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 - ROBERT AND BARBARA RUEGGE 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, on June 19, 2024, by Resolution #2024-1638, the Board of Weld County Commissioners approved the Memorandum of Agreement for 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 Robert and Barbara Ruegge, and WHEREAS, pursuant to said contract, 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 Robert and Barbara Ruegge, 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 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 Robert and Barbara Ruegge, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign and accept said deed. DDig) 4966866 Pages: / g 1 ee $ 6.1/q/.2171 -- I 06/19/2024 02:57 PM R Fee: 0.00 Carly Koppes, Clerk and Recorder, Weld County CO VIII1 �.rtuiA6'nYI G'I ' � I�I�,��I�l+yi�l i4II II 2024-1639 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 — ROBERT AND BARBARA RUEGGE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C % • RADO ATTEST: Weld County Clerk to the Board aal • IAJQI.tI,oi dc Deputy Clerk to the Board RM: County A" orney G, 0124 • Date of signature: 4966866 Pages: 2 of 2 06/19/2024 02:57 PM R Fee:: $0.00 111111Carly Koppes, Clerk and Recorder, Weld County , CO i�itV i:14 YTiIY 110� ,III *i'i Tti ?� n . Ross, Chgr Perry L. BJ' k, Pro-Tem eeman 2024-1639 EG0082 MEMORANDUM TO: Esther Gesick, CTB DATE: June 17, 2024 FROM: Erich Green, P.E., Public Works Dept. SUBJECT: Accept Owner -Signed Deed of Dedication as Public Road Right -of -Way (Parcel RWE-04) (WCR 41/SH 52 Intersection Improvements) Property Owner: Robert and Barbara Ruegge Contract ID Number: 8359 Tyler Reference Number: TBD 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 (MOA) allowing payment to the property owner is targeted to be on the June 19, 2024 BOCC Agenda under New Business. It would be appreciated if the Deed of Dedication is placed immediately after the MOA as a New Business item at the same BOCC Hearing. In addition, please place the following land conveyance documents under the Consent Agenda of the soonest possible BOCC hearing: Warranty Deed for Parcels RW-04 and RW-04A (CDOT Right -of -Way) (Unrecorded) o Note: I will record the original and provide an electronic version to your office following presentation and approval of the MOA. Grant of Temporary Construction Easement for Parcel TE-04Rev. 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 2024-1639 l�/l�1 EC-, C08Z Date: June 18, 2024 WELD COUNTY, COLORADO PUBLIC WORKS DEPARTMENT 1111 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: www.co.weld.co.us PHONE: (970)-304-6496 FAX: (970)-304-6497 LETTER OF TRANSMITTAL To: Esther Gesick Clerk to the Board 1150 O Street Greeley, CO 80631 Deed of Dedication for Robert and Barbara Ruegge (WCR 41 / SH 52 Intersection) (RWE-04) Subject (6/19/2024 BOCC Hearing —New Business) Enclosed Please Find: Original Property Owner -Signed Deed of Dedication for Public Road Right -of -Way Submitted to you: ❑ For your review and approval ❑X For your use ❑X As requested ❑ For your signature/signatures Remarks: ❑ Approved as submitted ❑ Approved, subject to notes ❑ Returned for corrections ❑ For your information Signed: Erich Green, P.E., L.S.I. Received by / Date: RECEIVED JUN 18 2024 w _ COMMISSIONERS DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this lQ day of j(M'\-Q, , 2,0q, between Robert Ruegge and Barbara Ruegge (referred to herein as "Grantor", whether one or more), whose legal address is 1843 E 22nd Street, Cheyenne, WY 82001 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 associa '. with said property, except as required to sustain the integrity of the Public Highway. GRANTO ert Ruegge STATE OF CDO COUNTY OF D 00� The foregoing instrument was acknowledged .ef�r t �i A WARNER 'Wary Public - State of Wyoming Commission ID 168893 idly Compnsslo Expires AUGUST 24, 2029 by Robert Ruegge and Barbara 1 Witness my hand and official se' My commission expires: ACCEPTANCE Barbara Ruegge ML-tlac\a1,0 ay of V CR / , 2024, Notary Public 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(t)(a). Dated this I Qay of J 1Je, , 2024. ATTEST: V�r ) / ,,'CL;4 We . C . n Clerk to the : oard B Deputy C BOARD OF COUNTY COMMISSIONERS WELD CO , COL O O air, Board of County Commissioners *No Deed of Dedication is valid ' .il of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). r'r � • o 89 w,71T 4966867 Pages: 1 of 3 06/19/2024 02:57 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 30) zo�4 - 639 b) rtii5kldNNW BIM EXHIBIT "A" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RWE-04 DATE: February 13, 2023 LEGAL DESCRIPTION A tractor parcel of land No. RWE-04 of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 38,625 square feet (0.887 acres), more or less, being a part of the Southwest One -Quarter (SW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, being a portion of a deed filed in the Weld County Clerk and Recorders office under reception No. 3829862 Dated March 06, 2012 and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence South 17°31'18" East a distance of 99.84 feet, to a point on the Easterly Right-of-way line of County Road 41, said point being the POINT OF BEGINNING. 1. Thence departing said Easterly Right-of-way line, North 89°57'55" East a distance of 30.00 feet; 2. Thence South 00°02'05" East a distance of 675.00 feet; 3. Thence South 01°27'55" West a distance of 764.03 feet; 4. Thence South 00°02'05" East a distance of 310.00 feet; 5. Thence South 89°57'55" West a distance of 10.00 feet, to a point on said Easterly Right-of-way line; 6. Thence along said Easterly Right-of-way line, North 00°02'05" West a distance of 1748.77 feet, to the POINT OF BEGINNING. The above -described parcel contains 38,625 sf. (0.887 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 4966867 Pages: 2 of 3 06/19/2024 02:57 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 Ni:4,112Ni a lA:h4,l:lK.ViliI liki RIO M) h "III EXHIBIT -A DREILING P.O.C. 5= WEST ONE -QUARTER CORNER S4-T1N-R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX PL PL P.O.B. OUSTING60' RIGHT OF WAY REC6 APRIL 21.#3, 189500 0 SAKATA LAND COMPANY BASIS OF BEARING SOO'02'05"E 2635.43' 40' RIGHT OF WAY DEPARTMENT OFTRANSPORTATION WARRANTY DEED REC#3475197,5-11-2007 PL PL 30.00' L3 L4 L5 SOUTHWEST CORNER ,L6 S4-TIN-R65W FOUND 2 1/2" i ALUMINUM CAP LS25965 �-S. 1997 IN A MONUMENT BOX RWE-04 RIGHT—OF—WAY ACQUIRED 38,625 sf. OR 0.887 ac.± EAST ONE -QUARTER CORNER S4-T1N-R65W FOUND 2" ALUMINUM CAP LS -25937, 1993 IN A MONUMENT BOX PL N89'35'39"E __ _5317.26' 5'411,7O'1;r 0' RIGHT OF WAY WELD COUNTY REC#837772,2-26-1940 ROBERT & BARBARA RUEGGE PARC.# 147304000003 RECP.# 3829862 LINE TABLE LINE L1 L2 BEARING DISTANCE S17'31'18"E N89'57'55"E SOD'02'05"E S01'27'55"W SOO'02'05"E S89'57'55'W NO0'02'05"W 99.84' 30.00' 675.00' 764.03' 310.00' 10.00' 1748.77' L3 L4 L5 L6 L7 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 RUEGGE - RWE-04 WELD COUNTY, COLORADO 4966867 Pages: 3 of 3 06/19/2024 02:57 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �r 1861 � C O N T Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT PROJECT NO: GR-69 I SCALE: 1"-300 DATE: 2-13-23 DRAWN BY: DRHISHEET: 2 of 2 III rag 4966900 Pages: 1 of 5 06/20/2024 08:28 OM R Fee :$0.00 D Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 �.� �Maiai�ih�I ;I�y t�tFI�� I�h'��S+� Hi6Y4 BIN ,W^A� RANTY D THIS DEED made this (0dayof �.1�./l'� ` . 20 made between ROBERT RUEGGE AND BARBARA RUEGGE whose legal address is 1843 E. 22n. STREET, CHEYENNE, WYOMING 82001 Exempt from Documentary of the County of Weld in the State of COLORADO, grantor(s), r. Fee........_.....--.......-.................................... 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: 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 AOC C030-086 _..:Project Code. 25008 _Parcel. Number: .RW-04, RW.04A also known_bystreet and number as 5262CR 41, Fort Lupton, CO 80621 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or 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 WITNE WHEREOF, the grantdr had executed this deed on the date set forth above. GRANTOR: A 1 Notary Public Commiss My Commission Ex `Rebert Ruegge Ruegge STATE OF WV, ,f ss. County of 1/4),4„., ^ Th .regoing instrument was acknowledged before me this this (W day of)6t1 L , by to Li Witness my hand afficial pares:ndo.{ RNER State of Wyoming n ID 168893 ires AUGUST 24, 2029 Va,OP\ Barbara Ruegge Zt/(LAnIA-'/ otary Public W/91,21- EXHIBIT "A" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RW-04 DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. RW-04 of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 2,279 square feet (0.052 acres), more or less, being a part of the Southwest One -Quarter (SW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado being a portion of a deed filed in the Weld County Clerk and Recorders office under reception No. 3829862 Dated March 06, 2012 and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence South 17°31'18" East a distance of 99.84 feet, to a point on the Easterly Right-of-way line of County Road 41, said point being the POINT OF BEGINNING. 1. Thence along said Easterly Right-of-way line, North 00°02'05" West a distance of 45.42 feet, to a point on the Southerly Right-of-way line of State Highway 52; 2. Thence departing said Easterly Right-of-way line and along said Southerly Right-of-way line, North 89°35'39" East a distance of 70.06 feet; 3. Thence departing said Southerly Right-of-way line, South 41°05'38" West a distance of 60.90 feet; 4. Thence South 89°57'55" West a distance of 30.00 feet, to the POINT OF BEGINNING. The above -described parcel contains 2,279 sf. (0.052 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 4966900 Pages: 2 of 5 06/20/2024 08:28 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 it fir O«'', slid 1111 EXHIBIT -A P.O.C. WEST ONE -QUARTER CORNER S4 -T1 N-R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX PL DREILING I PLL U HUGO VILLELA-PORTILLO PL FL HWY 52 3 �v SAKATA LAND CO SOU ORNER S4-T1N-R65W FOUND 2 1/2" ALUMINUM CAP LS25965 1997 IN A MONUMENT BOX L1 L2 L3 EAST ONE -QUARTER CORNER S4-T1N-R65W FOUND 2" ALUMINUM CAP LS -25937, 1993 IN A MONUMENT BOX PL---, PL OF WAY Of TRANSPORTATION RAN�TY DEED 197, 5-11.2007 RIGHT 40' DEPARTMENT WAR RECM3475 SO' RIGHT OF WAY WELD COUNTY REC#837772, 2-26-1940 L5 P.O.B. EXISTING 60' RIGHT OF WAY ft-RECP.7R36500 APRIL 21, 1890 60 CDOT RIGHT-OF-WAY ACQUISITION RUEGGE - RW-04 WELD COUNTY, COLORADO L4 RW-04 RIGHT—OF—WAY ACQUIRED 2,279 sf. OR 0.052 ac.± 9'3 " 5317.26' LINE TABLE LINE L1 L2 BEARING DISTANCE S17'31'18"E NO0'02'05"W N89'35'39"E S41'05'38"W S89'57'55"W 99.84' 45.42' 70.06' 60.90' 30.00' L3 L4 L5 ROBERT & BARBARA RUEGGE PARC. # 147304000003 RECP.# 3829862 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. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT PROJECT NO: GR-69 I SCALE: 2' -50 DATE 13-21 DRAWN BY: DUI SHEET: 2 i,t 2 EXHIBIT "B" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RW-04A DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. RW-04A of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 1,360 square feet (0.031 acres), more or less, being a part of the Southwest One -Quarter (SW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, being a portion of a deed filed in the Weld County Clerk and Recorders office under reception No. 3829862 Dated March 06, 2012 and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence South 17°31'18" East a distance of 99.84 feet, to a point on the Easterly Right-of-way line of County Road 41, said point being the POINT OF BEGINNING. 1. Thence departing said Easterly Right-of-way line, South 89°57'55" West a distance of 30.00 feet, to a point on the West line of said Southwest One -Quarter; 2. Thence along said West line, North 00°02'05" West a distance of 45.22 feet, to a point on the Southerly Right - of -Way line of State Highway 52; 3. Thence departing said West line and along said Southerly Right-of-way line, North 89°35'39" East a distance of 30.00 feet, to a point on said Easterly Right -of -Way line; 4. Thence departing said Southerly Right -of -Way line and along said Easterly Right -of -Way line, South 00°02'05" East a distance of 45.42 feet, to the POINT OF BEGINNING. The above -described parcel contains 1,360 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 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 4966900 Pages: 4 of 5 06/20/2024 08:28 AM R Fee :$0.00 D Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO EXHIBIT -B P.O.C. WEST ONE -QUARTER CORNER S4-T1N-R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX PL DREILING PLL_____. L4 HUGO GO VILLELA-PORTILLC) ▪ HWY 52 • ®off �U164 LL3� 0 CJ � mw_ SOU "'°r •RNER S4-T1N-R65W FOUND 2 1/2" ALUMINUM CAP LS25965 1997 IN A MONUMENT BOX CDOT RIGHT-OF-WAY ACQUISITION L3 L2 L5 PL EAST ONE -QUARTER CORNER S4-T1N-R65W FOUND 2" ALUMINUM CAP LS -25937, 1993 IN A MONUMENT BOX PL PL _ 40' RIGHT OF WAY DEPARTMENT OF TRANSPORTATION WARRANTY DEED REC#3475197, 5-11-2007 " RIGHT OF WTYAY WELD COUN REC4837772,2-26-1940 RW-04A RIGHT—OF—WAY ACQUIRED 1,360 sf. OR 0.031 ac.± P.O.B. ''' EXISTING 60' RIGHT OF WAY 1 RECP.436500 APRIL 21, 1890 80 0' RUEGGE - RW-04A WELD COUNTY, COLORADO N89'35'39" 5317.26' LINE TABLE LINE L1 L2 BEARING DISTANCE S17'31'18"E S89'57'55"W NOO'02'05"W N89'35'39"E SO0'02'05"E 99.84' 30.00' 45.22' 30.00' 45.42' L3 L4 L5 ROBERT & BARBARA RUEGGE PARC. # 147304000003 RECP.# 3829862 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. WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT PROJECT NO: GR-69 SCALE: 1,50 50 DRAWN BY: DRHISHEET: 2 of 2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), executed this (0 day of JA-- , 20 al is made between Robert Ruegge and Barbara Ruegge, (referred to herein as "Owner", whether one or more), whose legal address is 1843 E 22nd Street, Cheyenne, WY 82001 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: I. 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. Czn5b1+-139616.0,- u/1any Q.2'( -/d/1) coati-Ic�39 ei-icv?Z. OWNE //(ye ('obert Ruegge Barbara Ruegge 1 di STATE OF C ADO ..,.) ) ss. COUNTY OF WE'6D LOVI��4 ) The foregoing instrument was acknowledged before me this day of j(AP-CLI , 2024, by Robert and Barbara Ruegge. Witness my hand and official seal. 6UuU0VL'flh/U' Notary Public OO9 1 A WARNER 1 Notary Public - State of Wyoming 1 Commission ID 168893 1 My Commission Expires AUGUST 24, 2029 (Version 2024-01-30) EXHIBIT "A" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: TE-04Rev. DATE: May 10, 2024 LEGAL DESCRIPTION A tract or parcel of land No. TE-04Rev. of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 24,649 square feet (0.566 acres), more or less, being a part of the Southwest One -Quarter (SW1/4) of Section 4, Township 1 North, Range 65 West of the Sixth Principal Meridian (6 P.M.), County of Weld, State of Colorado, being a portion of a deed filed in the Weld County Clerk and Recorders office under reception No. 3829862 Dated March 06, 2012 and being more particularly described as follows: COMMENCING at the West One -Quarter Corner of said Section 4, Thence South 63°46'48" East a distance of 111.57 feet, to a point on the Southerly Right-of-way line of State Highway 52, said point being the POINT OF BEGINNING. 1. Thence along said Southerly Right-of-way line, North 89°35'39" East a distance of 26.70 feet; 2. Thence departing said Southerly Right-of-way line, South 41°05'38" West, a distance of 71.09 feet; 3. Thence South 00°02'05" East, a distance of 667.76 feet; 4. Thence South 01°27'55" West, a distance of 76.47 feet; 5. Thence South 06°27'55" West, a distance of 172.11 feet; 6. Thence South 01°27'55" West, a distance of 149.91 feet; 7. Thence South 89°30'50" East, a distance of 35.00 feet; 8. Thence South 01°27'55" West, a distance of 60.00 feet; 9. Thence North 89°30'50" West, a distance of 35.00 feet; 10. Thence South 01°27'55" West, a distance of 306.39 feet; 11. Thence South 00°02'05" East, a distance of 309.93 feet; 12. Thence South 89°57'55" West, a distance of 5.00 feet; 13. Thence North 00°02'05" West, a distance of 310.00 feet; 14. Thence North 01°27'55" East, a distance of 764.03 feet; 15. Thence North 00°02'05" West, a distance of 675.00 feet; 16. Thence North 41°05'38" East, a distance of 60.90 feet to the POINT OF BEGINNING. The above -described parcel contains 24,649 sf. (0.566 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 <'�zh' P.O.C. ti- 1 WEST ONE -QUARTER CORNER I S4-T1N-R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOXEC#3475197, �i �v EAST ONE -QUARTER CORNER `', S4-T1N-R65W FOUND 2" 1 _,a'� ALUMINUM CAP LS -25937. 1993 I 40' RIGHT OF WAY IN A MONUMENT BOX I DEPARTMENT OF TRANSPORTATION WARRANTY DEED 5-11-2007 P.O.P - - L2 _ 5317.26' - - - i A, 50' RIGHT OF WAY WELD COUNTY REC#837772,2-26-1940 I TE-04Rev. I BASIS OF I BEARING soo•o2'o5"E I 2635.43' L1s EXISTING 60' RIGHT OF WAY~�„ RECP.#36500 APRIL 21, 1890 I TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 24,649 sf. OR 0.566 ac.± I i ROBERT & BARBARA L4 , L� RUEGGE I �. PARC. # 147304000003 kl, RECP.# 3829862 20.00' I L5 LINE TABLE L6 LINE BEARING DISTANCE L1 S63'46'48"E 111.57' L2 N89'35'39"E 26.70' \\ L3 S41'05'38"W 71.09' L15 L7 L4 SO0'02'05"E 667.76' L8 L5 S01'27'55"W 76.47' L9 L6 S06'27'55"W 172.11' SAKATA LAND L10 L7 S01.27'55"W 149.91' COMPANY I L8 S89'30'50"E 35.00' L9 S01'27'55"W 60.00' s • kiC _ L11 L10 N89'30'50"W 35.00' -y} , • • V L11 SO1'27'55"W 306.39' ' I I L12 S00'02'05"E 309.93' I31 i L13 S89'57'55"W 5.00' v/ '02'05"W 310.00' L15 N010'27'55"E 764.03' ' L14, L12 L16 NO0'02'05"W 675.00' L17 N41'05'38"E 60.90' i L L •S 5.0o' SOUTHWEST CORNER S4-T1N-R65W FOUND 2 1/2" ALUMINUM CAP LS25965 "N 1997 IN A MONUMENT BOX I L13 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. TEMPORARY CONSTRUCTION• EASEMENT ACQUISITION Q c 1\, '7--c.-.5---,--- L�1i� ' „_G 1861 ti ��' L / O_U =, _A N Z' Y -- 1 �� VI • WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 41 & HWY 52 INTERSECTION PROJECT RUEGGE - TE-04Rev. WELD COUNTY, COLORADO PROJECT NO: GR-69 SCALE: !"--30U DATE: >- 10-24 DRAWN BY: DRHISHEET: 3 of 3 Hello