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Home My WebLink About20241960.tiffMEMORANDUM TO: Esther Gesick, CTB DATE: July 17, 2024 FROM: Erich Green, P.E., Public Works Dept. SUBJECT: Consent Agenda for Owner -Signed Land Conveyances (Parcels RW-03, RW-03A, and TE-03) (WCR 41/SH 52 Intersection Improvements) Property Owner: Sakata Land Company Contract ID Number: 8260 Tyler Reference Number: 2024-1464 Please place the following owner -signed land conveyance documents under the Consent Agenda of the soonest possible BOCC hearing: • Warranty Deed for Parcels RW-03 and RW-03A (CDOT Right -of -Way) (Recorded) • Grant of Temporary Construction Easement for Parcel TE-03 (Will Not Be Recorded) Images of these land conveyance documents are attached, and no further Board action or recordation is required following approval of the Consent Agenda. The Memorandum of Agreement allowing payment to the property owner was approved by the Board on June 5, 2024. Page lofl Con n+ A 1/Z2/Z P4/-// yg) 7/02.2/02- 2024-1960 4971472 Pages: 1 of 5 07/17/2024 09:58 AM R Fee:$O.O0 D Fee:$O.0O Carly KOPP. , Clerk and Recorder, Wald County , CO �� IYU�1P Ihu��InMli'4fi �� a«F9 III4lle. V4,11411111 t WARRANTY DEEg THIS DEED made this i 3 y1 day of , 20_ZI, made between SAKATA LAND COMPANY, A COLORADO GENERAL PARTNERSHIP whose legal address is P.O. BOX 508, BRIGHTON, COLORADO 80601 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: 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: Exem.t from Documents Fee See attached Exhibit "A & B" dated March 3, 2023 for: Project Number: AOC C030-086 I Project Code: 25008 I Parcel Number: RW-03, RW-03A also known by street and number as: 5471 County Road 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 & 0", the mineral estate and including all coal, oil, gas and other hydrocarbons, and all day and other valuable mineral in or under said subject property. The grantor hereby j 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 carded 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. GRA Sakata Lan ompany, a Colorado General Partnership As: re /' STATE OF COLORADO `j ss. County of Weld r SAG The oregoing instrument was acknowledged before me this this / d day of 20� by 4.64e4 ,sti,�.rf'at as fiariw•e/' of Sakata Land Compan a Colorado general partnership. Witness my hand and official sell My commission expires: L :44 b Notary Public �/ MITCHELL HAUFF N.9 Latyaa b t i.c..., State of Colorado Notary ID # 20144016002 My Commission Expires 04-16-2026 EXHIBIT "A" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RW-03 DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. RW-03 of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 1,013 square feet (0.023 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 5, 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. 3783157 Dated July 29, 2011 and being more particularly described as follows: COMMENCING at the East One -Quarter Corner of said Section 5; Thence South 17°27'08" West a distance of 99.84 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 45°14'50" West a distance of 63.40 feet, to a point on the Southerly Right-of-way line of State Highway 52; 2. Thence along said Southerly Right-of-way line, North 89°32'25" East a distance of 45.00 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°02'05" East a distance of 45.00 feet, to the POINT OF BEGINNING. The above -described parcel contains 1,013 sf. (0.023 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 4971472 Pages: 2 of 5 07/17/2024 09:55 AM R Fee:$0.00 D Fee:$0.00 Cer1Y Koppee, Clerk and Reoorder, Weld County , CO II III EXHIBIT -A DREILING PL PL DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO - WARRANTY DEED . RECP.#3476066, MAY 16, 2007 N89'32'25"E 2638.33' WELD COUNTY RIGHT OF WAY DEED RECP.#805167, DEC. 17, 1938 N ENTER ONE -QUARTER CORNER S5-T1N-R65W FOUND #6 REBAR IN A MONUMENT BOX L3 WI IN MI MI In RW-03 RIGHT—OF—WAY ACQUIRED 1,013 sf. OR 0.023 ac.* HUG() VILLELA-PORTILLO P.O.C. EAST ONE -QUARTER CORNER S5—TIN—R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX PL PL P.O.B. SAKATA LAND COMPANY PARC.# 147305000013 RECP.# 3783157 LINE TABLE LINE L1 L2 BEARING DISTANCE S17'27'08"W N4514'50"W N89'32'25"E SO0'02'05"E 99.84' 63.40' 45.00' 45.00' L3 L4 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 SAKATA - RW-03 WELD COUNTY, COLORADO 4971472 Pages: 3 of 5 07/17/2024 09:55 AM R Fee $0.00 D Fee $0.00 Carly Kopp's, Clark and Recorder, Wald County , CO tlitlIMAN. I'd *KM II) Allkd f L 11111 CQU L L1 HWY 52 IN IMMIN ROBERT & BARBARA RUEGGE c• OUTHEAST COR •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; 1"-50 DATE: '-13-23 DRAWN BY: DRH SHEET: 2 of 2 EXHIBIT "B" PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: RW-03A DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. RW-03A of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 1,353 square feet (0.031 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 5, 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. 3783157 Dated July 29, 2011 and being more particularly described as follows: COMMENCING at the East One -Quarter Corner of said Section 5; Thence South 17"27'08" West a distance of 99.84 feet, to a point on the Westerly Right-of-way line of County Road 41, said point being the POINT OF BEGINNING. 1. Thence along said Westerly Right-of-way line North 00'02'05" West a distance of 45.00 feet, to a point on the Southerly Right-of-way line of State Highway 52; 2. Thence along said Southerly Right-of-way line, North 89"32'25" East a distance of 30.00 feet, to a point on the East lire of said Southeast One -Quarter; 3. Thence along said East line, South 00'02'05" East a distance of 45.22 feet; 4. Thence departing said East line, South 89'57'55" West a distance of 30.00 feet, to the POINT OF BEGINNING. The above-describai parcel contains 1,353 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. 1111H Street Greeley, CO 80632 4971472 Pages: 4 of 5 07/17/2024 09:53 AM R Fee :$0.00 D Fee :$0.00 Carly Keeps , Clerk and Recorder, Weld County , CO 1111W1R*DilIitliCItl: ICI 1411111 EXHIBIT -B DREILING PL PL DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO WARRANTY DEED '^ RECP.#3476068, MAY 16, 2007 1i N89'32'25"E 2638.33' WElO COUNTY RIGHT OE WAY DEED RECP. x805167, DEC. 17, 1938 0 ENTER ONE -QUARTER CORNER S5-T1N—R65W FOUND #6 REBAR IN A MONUMENT BOX at as RW-03A RIGHT—OF—WAY ACQUIRED 1,353 sf. OR 0.031 ac.* L HUGO VILLELA-PORTILLO P.O.C. EAST ONE -QUARTER CORNER S5 -T1 N-R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX PL PL P.O.B. SAKATA LAND COMPANY PARC.#147305000013 RECP.# 3783157 LINE TABLE LINE BEARING DISTANCE L1 L2 S17'27'08"W NO0'02'05"W N89'32'25"E SOO'02'05"E S89'57'55"W 99.84' 45.00' 30.00' 45.22' 30.00' L3 L4 L5 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 SAKATA - RW-03A WELD COUNTY, COLORADO 4971472 Pogo.: S of S 07/17/2024 09:35 AM R Faa:$0.00 D Fat:$0.00 Carly Koppel, Clark and Raoordar, Wald County , CO VIII IMU�.rQIIItI�uLrl4� �+4�; hl�t.lh tti bI�I�i� 1i4 �I II L 4 L5 r - HWY 52 ROBERT & BARBARA RUEGGE ,�"' EXISTING 60' RIGHT OF WAY RECP.#36500 APRIL 21, 1890 O OUTHEAST C S5 -T1 N-R65W FOUND 2 1 /2" ALUMINUM CAP LS25965 1997 IN A MONUMENT BOX 4` PO O .3L3•J 'O iLANc1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR41 &HWY52 INTERSECTION PROJECT PROJECT NO: GR-69 'SCALE: 1"-50 DATE: 2-13-23 DRAWN BY: DRHISHEET: 2 of 2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), executed this /3''day of , 20.L is made between Sakata Land Company, a Colorado General Partnership, (referred to h rein as "Owner", whether one or more), whose legal address is P.O. Box 508, Brighton, CO 80601 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. ato 02 Q/O Land Co �� . any, a Colorado General Partnership 1?.. 4 3. L4 -a Its: �e�r e r (Print Name) STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this /3 day of j.n/ , 2024, by /faked ctn1nt as of Sakata Land Company, a Colorado General Partnership. Witness my hand and official seal. Notary Public MITCHELL HAUFF Notary Public State of Colorado Notary ID # 20144016002 My Commission Expires 04-16-2026 EXHIBIT A PROJECT CODE: 25008 PROJECT NUMBER: AQC C030-086 PARCEL NUMBER: TE-03 DATE: February 13, 2023 LEGAL DESCRIPTION A tract or parcel of land No. TE-03 of the County of Weld Project Code 25008, Project Number AQC C030-086, containing 41,362 square feet (0.950 acres), more or less, being a part of the Southeast One -Quarter (SE1/4) of Section 5, 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. 3783157 Dated .Eily 29, 2011 and being more particularly described as follows: COMMENCING at the East One -Quarter Corner of said Section 5; Thence South 17°27'08" West a distance of 99.84 feet, to a point an the Westerly Right-of-way line of County Road 41, said point being the POINT OF BEGINNING. 1. Thence along said Westerly Right-of-way line South 00°02'05" East a distance of 1748.77 feet; 2. Thence departing said Westerly Right-of-way line, South 89°57'55" West a distance of 10.00 feet; 3. Thence North 00°02'05" West a distance of 1079.01 feet; 4. Thence South 89°58'18" West a distance of 5.01 feet, to the point of a curve to the right; 5. Thence along said curve 168.82 feet whose radius is 70.00 feet, central angle is 138°11'00" and whose chord bears North 20°56'12" West a distance of 130.78 feet, to the point of a reverse curve to the left; 6. Thence along said curve 42.05 feet whose radius is 50.00 feet, central angle is 48°11'23" and whose chord bears North 24°03'36" East a distance of 40.82 feet; 7. Thence North 00°02'05" West a distance of 400.00 feet; 8. Thence North 89°57'55" East a distance of 35.00 feet; 9. Thence North 00°02'05" West a distance of 106.15 feet; 10. Thence North 45°14'50" West a distance of 69.16 feet, to a point on the Southerly Right-of-way line of State Highway 52; 11. Thence along said Southerly Right-of-way line, North 89°32'25" East a distance of 14.09 feet; 12. Thence departing said Southerly Right-of-way line, South 45°14'50" East a distance of 63.40 feet, to the POINT OF BEGINNING. The above-descrbed parcel contains 41,362 sf. (0.950 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 L5 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 h5'' DREILING �� S5t- 1' DEPARTMENT OF TRANSPORT/MON STATE OF COLORADO WARRANTY DEED RECD.#3476068, M 16, 20071,189' HUGO `0 b0 i VILLELA-PORTILLO a`�� s':S IP.O.C. EAST ONE -QUARTER CORNER S5-T1N-R65W FOUND 3 1/4" ALUMINUM CAP ILLEGIBLE IN A MONUMENT BOX --- 1 YYY2 -- -- _____,,A._-- WELD COUNT RIGHT OF WAY DEED SI RECP.#805167, DEC. 17, 1938 L8I ENTER ONE -QUARTER CORNER L71 S5-T1N-R65W FOUND #6 REBAR IN A MONUMENT BOX TE-03 L6 1�& 4 TEMPORARY CONSTRUCTION Sy� EASEMENT ACQUIRED 5,'''41,362 sf. OR 0.950 oc.± C SAKATA LAND COMPANY C1 PARC.#147305000013 RECP.# 3783157 L P.O.B. fT I % % CIA 64A ,, I 41\1¢ / i EXISTING 60' S$- RIGHT OF WAY iii/ RECP.#36500 % APRIL 21, 1890 7 X1"4 ROBERT & BARBARA st RUEGGE CURVE TABLE Ce C# LENGTH RADIUS DELTA CHD B CAD . L2 1 L1 168.82' 70.00' 138'11'00' N20 5612" }N24 130.78' �/ I C2 42.05' ►50.00' 48'11'23 03 36"E 40.82 I LINE TABLE 3 i LINE BEARING DISTANCE BASIS OF L1 S17'27'08"W 99.84' BEARING L2 S00'02'05"E 1748.77' L4 SO0'02'05"E L3 S89'57'55"W 10.00' 2635.43' 1 i> L4 NO0'02'05"W 1079.01',0«0„� L5 S89'58'18"W 5.01' : '. �� `T 4,� L6 NO0'02'05"W 400.00' I i " '_ L7 N89'57'55"E 35.00' L8 N00'02'05"W 106.15' -a : 6;'g L9 N45'14'50"W 69.16' L10 N8932'25"E I I J'�� • -Z......\). L11 S45 4 50 E 63 40' .c3 I 0''- "3 pS ON NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A L3 MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. LAN i OUTHEAST CORNER S5-T1N-R65W FOUND 2 1/2" ALUMINUM CAP LS25965 I 1997 IN A MONUMENT BOX TEMPORARY CONSTRUCTION EASEMENT ACQUISITION 41,1§§2,"." G it T O U -� N T WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR41 &HWY52 INTERSECTION PROJECT SAKATA - TE-03 WELD COUNTY, COLORADO PROJECT NO: GR-69 I SCALE: 1 "=300 DATE: 2-13-23 DRAWN BY: DRHISHEET: 3 of 3 Hello