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Home My WebLink About20213266.tiffRESOLUTION RE: APPROVE ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR COUNTY ROADS 66 AND 41 INTERSECTION IMPROVEMENTS PROJECT AND AUTHORIZE CHAIR TO SIGN - BLISS IRRIGATION COMPANY, AKA BLISS LATERAL COMPANY 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 Roads 66 and 41 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 Bliss Irrigation Company, aka Bliss Lateral Company, with further terms and conditions being as stated in said deed of dedication, and WHEREAS, after review, the Board deems it advisable to approve and accept said deed of dedication, 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 Roads 66 and 41 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 Bliss Irrigation Company, aka Bliss Lateral Company, be, and hereby is, approved and accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said deed of dedication. CC:PtA(s /ERfcK) 6/21 2021-3266 EG0079 ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY FOR COUNTY ROADS 66 AND 41 INTERSECTION IMPROVEMENTS PROJECT - BLISS IRRIGATION COMPANY, AKA BLISS LATERAL COMPANY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of November, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ia44k1 W JdD;ok, j 72v-- ,ter Steve reno, Chair Weld County Clerk to the Board County Attorney Date of signature: 12/6 /-1 2021-3266 EG0079 MEMORANDUM TO: Esther Gesick, CTB DATE: November 17, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Non -Exclusive Licensing Agreement and Deed of Dedication for Bliss Lateral Company aka Bliss Irrigation Company Please place the attached non-exclusive licensing agreement (NELA) on the BOCC agenda. The agreement is for the acquisition of ROW through a deed of dedication in exchange for a NELA for an irrigation ditch located on the along the north side of the CR 66 west of CR 41. The agreement was reviewed by the BOCC in a pass around that was returned on November 16, 2021. All five commissioners approved the recommendation provide the Bliss Irrigation Company with a NELA in exchange for a deed of dedication. I will attend the BOCC meeting to answer any questions the BOCC may have. Page 1 of 1 M:\Active Projects\WCR 66 and WCR 41 lntersection\Design\ROW\Bliss Ditch\Bliss Lateral NELA Memo to CTB.docx 2021-3266 llf2t4 EhOO19 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CR 66 and CR 41 ROW Acquisition for the Bliss Irrigation Company Property DEPARTMENT: Public Works DATE: November 5, 2021 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: Public Works is in the process of ROW acquisition for the CR 66 and CR 41 project which is slated to begin construction in November of 2022. During the design phase of the project, it was determined that the County would need to acquire ROW from the property owned by the Bliss Irrigation Company. The Bliss Irrigation Company said they would give the County a deed of dedication for the area needed for the road at no cost in exchange for a non-exclusive licensing agreement (NELA) which allows them to keep the irrigation crossing in our ROW and to maintain it. The NELA states if the ditch requires a relocation at some point in the future, the irrigation company will be responsible for at their cost. Public Works coordinated the deed of dedication and the NELA with Bob Choate of the County Attorney's office. Once the agreements were acceptable to both parties, the Bliss Irrigation Ditch signed the documents. What options exist for the Board?(include consequences, Impacts, costs, etc. of options): The BOCC can opt to: 1. Sign both the deed of dedication and the NELA at no cost to Weld County 2. The BOCC could ask for a work session to gain more information. Recommendation: Public Works recommends Option 1 which is to sign the documents at no cost to Weld County. Approve Schedule Recommendation Work Session Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Seine Other/Comments: Notary Public DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made thislflttay of NOVfrmbeV , 2021, between Bliss Irrigation Company (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 "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: Bliss Irrigation Company By es Koehler Title: President STATE OF COLORADO ) ss. COUNTY OF WELD ) f he foregoing instrument was acknowledged before me this' Wig ess my hand and o, cial seal. day of 2021, by KERRI L. ALLISON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144001937 ACCEPTANCE MY COMMISSION EXPIRES JANUARY 14, 2022 The County of Weld, by and through its Board of County Commissioners, hereby accepts the above dedication of property as a Public ic Highway (Public Right -of -Way) pursuant to C.R.S. §43-2-201(1)(a). Dated this-1day of` //r1/1 l7L4 t) , 2021. ATTEST: d� io•LD*eik. Weld 'o ty Clerk to the Bo. '. WELDOUNTY, COLORADO y�,�-7 Chair, Board of County Commissioners By *No Deed of Dedication is valid until BOARD OF COUNTY COMMISSIONERS Commissioners pursuant to C.R.S. 43-2-201(1)(a). EXHIBIT CALL UTILITY NOTIFICATION CENTER OF COLORADO CALL 2•BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES SE1/4, SE1/4 S.20, TO6N, R65W S. LINE SE1/4, SE1/4 S.20, TO6N, R65w 114+00 • ROW -----ROW. • ROW RO N89°36'05"E 15.01' STA: 116+36,! OFF: 110.04'L P O.B. RW-6 ROW Section Line ROW ROW NO2°25'02"W 127.03' N85°36'35"W 15.11' LOT B RE -818 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE is o IN D) P A 1 THE BLISS LATERAL _ PCOMPANY RECP.# 123774 CLAIM DEED, 11-12-1907 1 ' QUIT FROM McCALL DRAIN & IRRIGATION CO, \, TO THE BLISS LATERAL COMPANY l R0 ROW------ R WELD COUNTY ROAD 66 & WELD COUNTY EXISTING 40' ROAD 41 INTX. PLAN RIGHT-OF-WAY STA: 116+64 43' CENTERLINE RD-BK 2, PG `'77 OFF. 16.24'R 0 100 200 JULY 7, 1876 STA: 116+49.97' OFF: 111.21'L RW-6 1,915 S.F.± S02°25'02"E 117+00o 128.29117 118+00 ROW�� RO., RO,.� N85°36'35'W Row - 1294,55' ow- ROW C.R. 66 LOT A RE -818 to p FEET R0 0 0 0 0 ,i A) 0 ° 0 0 71 0 SW1/4, SW1/4 S.21, TO6N, R65W P.0.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) _ 121+00 ROWS- ROW---- ROW RO•W ROW --- 122+ -- R RIGHT OF WAY ACQUISITION RW-6 THE BLISS LATERAL COMPANY 4784076 Pages: 2 of 4 12/10/2021 10:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 111111/PJFWI i ii f I Inli 5liNdi F L1111KA itAilkit1I 111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Scale: 1"=100' Date: 08/17/2021 Drawn by: CGG Sheet 1 of 2 CALL UTILITY NOTFICATION CENTER OF COLORADO CALL 2 -BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE. OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES SE1/4, SE1/4 S.20, TO6N, R65W S. LINE SE1/4, SE1/4 S.20, TO6N, R65W N89°36'05"E 15.01' 'STA:116+3501H\ OFF: 110.04'L1 P O.B, R"vY_6i NO2°25'02"W 127.03' N85°36'35"W 15.11' ISTA: 116+49.33'; I OFF: 16.18'Rf 115+00 — 116+00 Section Line RO ROW----- ROWS WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 IN TX. PLAN CENTERLINE 100 RIGHT OF WAY ACQUISITION EXHIBIT LOT B RE -818 WELD COUNTY ROAD 66 & WELD COUNTY ROAD 41 INTX. PLAN CENTERLINE 0 I THE BLISS LATERAL'_ COMPANY g, RECP.# 123774 QUIT CLAIM DEED, 11-12-1907 FROM McCALL DRAIN & IRRIGATION CO. o TO THE BLISS LATERAL COMPANY L;( F y P ,-STA: 116+49.97' !OFF: 111.21'L RW-6 = 1,915 S.F.± S02°25'02"E ROW ROW--.-. w.. EXISTING 40' RIGHT-OF-WAY RD-BK 2, PG 77 JULY 7, 1876 FEET RW-6 THE BLISS LATERAL COMPANY 4784076 Pages: 3 of 4 12/10/2021 10:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII RIPON hli caul Kumla FaltrEril ilk1I 111 STA: 116+64.43' TOFF: 16,24'R SW1 /4, SW1 /4 S.21, TO6N, R65W P.O.C. NE. COR. SEC.29 FOUND 2-1/2" ALUMINUM CAP (ILLEGIBLE) 121+00 ROW ------ WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 66 & 41 INTERSECTION PROJECT Project No: GR 45 Date: 08/17/2021 Drawn by: CGG Sheet 1 of 2 EXHIBIT DESCRIPTION A parcel of land, No. RW-6, Weld County Project No. GR 45 containing 1,915 sq. ft. (0.044 acres), more or less, being a portion of land described in a Rule and Decree, recorded January 24th, 1888, at Reception Number 27478 in said office of the Weld County Recorder in the office of the Weld County Recorder, located the East half of the Southeast Quarter of Section 20, Township 06 North, Range 65 West, of the 6th Principal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the corner common to Sections 20, 21,28 and 29, Township 06 North, Range 65 West, of the 6th Principal Meridian, thence N 85° 36' 35" W, along the South line of said Southeast quarter, a distance of 362.00 feet, thence N 04° 23' 25" E, perpendicular to said South line, a distance of 146.13 feet to the West line of said Rule and Decree, and also being opposite and 110.04 feet Left of Engineer's Station 116+35.01 and being the POINT OF BEGINNING; Thence N 89° 36' 05" E, departing said West line, a distance of 15.01 feet to the East line of said parcel of land described in said Rule and Decree, also being opposite and 111.21 feet Left of Engineer's Station 116+49.97; Thence S 02° 25' 02" E, along said East line, a distance of 128.29 feet to the North right of way line for Weld County Road 66 as described in Right of Way Road Book 2, Page 77, recorded July 7, 1876 being 40 feet in width, 20 feet on both sides of said South line, also being opposite and 16.24 feet Right of Engineer's Station 116+64.43; Thence N 85° 36' 35" W, along said North right of way line, a distance of 15.11 feet to said West line, also being opposite and 16.18 feet Right of Engineer's Station 116+49.33; Thence N 02° 25' 02" W, departing said North right of way line and along said West line, a distance of 127.03 feet to the POINT OF BEGINNING; whence the point of commencement bears S 63° 37' 36" E, a distance of 390.39 feet. The above described parcel contains 1,915 sq. ft. (0.044 acres), more or less. BASIS OF BEARINGS: Bearings used in the calculation of coordinates are based on a grid bearing of N10°45'13"W from CHARN point "CDOT MILE POST 270.44" (a survey disc on aluminum rod) Section 32, Township 6 North, Range 65 West, Sixth P.M., and CHARN point "HORA" (a survey disc set in concrete) Section 31, Township 7 North, Range 65 West, Sixth P.M., as obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Network (CHARN) The Basis of Bearings was provided by Weld County for use on this project. DEA field verified the provided control and aliquot monumentation, and set local control based on said provided data. The Basis of bearings shown here came directly from provided Weld County data. Corey G. Guerrero P.L.S. 33654 For and on behalf of Horrocks Engineers 5670 Greenwood Plaza, Suite 125W Greenwood Village, CO 80111 RIGHT OF WAY ACQUISITION RW-6 THE BLISS LATERAL COMPANY 4784076 Pages: 4 of 4 12/10/2021 10:20 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Iirdin ialff litma+r4IN ilIiMYlNIOII 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT Project No: GR 45 Scale: 1".100' Cate: 08/17/2021 Drawn by: CGG Sheet 2 of 2 Hello