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Home My WebLink About20210042.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR BRIDGE 86/33A PROJECT AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - STONECREEK, LLC 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 an Agreement for the Purchase of Public Road Right -of -Way and a Temporary Construction Easement for the Bridge 86/33A 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 Stonecreek, LLC, 33130 County Road 33, Greeley, Colorado 80631, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for the Purchase of Public Road Right -of -Way and a Temporary Construction Easement for the Bridge 86/33A 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 Stonecreek, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. GC Pc-J(1Z/ER/c N) 01/2,/21 2021-0042 EG0079 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR BRIDGE 86/33A PROJECT - STONECREEK, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of January, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,,,,,,,„ w Jeit,k, Weld County Clerk to the Board BY: APP County Attorney Date of signature: 003/2 - Steve ,•reno, Chair S •' James, Pro: Perry L.ck 2021-0042 EG0079 7D v16 13644 MEMORANDUM TO: Clerk to the Board DATE: December 21, 2020 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of an Agreement for a Right of Way and a Temporary Construction Easement RE: CR 86/33A Bridge Project (BR -139) Acceptance of Agreement for Purchase of Right -Of -Way and Acceptance of Temporary Construction Easement from Stonecreek LLC, a Colorado limited liability company MA' Administration\Forms\MEMO-Form.doc 2021-0042 EG ©O71 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE WELD COUNTY ROAD 86/33A BRIDGE PROJECT, BETWEEN STONECREEK LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this Lp day of fonvcK*, 2021, by and between Stonecreek LLC, whose mailing address is 33130 Weld County Road 33, Greeley, CO 80631, hereinafter referred to as "Owner", and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 `O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter referred to as "Right -of -Way"), and WHEREAS, Owner owns real property described in the attached Exhibit "B" (hereinafter referred to as "Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild the Weld County Road 86/33A Bridge which will improve the bridge and of the roadway, (hereinafter referred to as "WCR 86/33A Bridge Project" (the "Project"), and WHEREAS, County will need said Road Right -of -Way and Temporary Construction Easement in order to construct the Project which is required in conjunction with said improvement, and WHEREAS, Owner wishes to cooperate with County in said Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Public Road Right -of -Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of One Thousand, Two Hundred and Eighty and no/100 Dollars, ($1,280.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement shown and/or described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Hundred and no/100 Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Page 1 of 5 4672923 Pages: 1 of 10 01/19/2021 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill ,gof9 — 009 a 3. Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and the Temporary Construction Easement and will defend title thereto against all claims. 4. Owner agrees to grant the Public Road Right -of -Way to County by Deed of Dedication, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 5. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 6. This Temporary Construction Easement shall commence upon execution of the Agreement and shall expire and be of no further force or effect on September 1, 2021 or upon the completion of the Project, whichever is earlier. 7. Owner shall not, during the term of this Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "B" which may interfere with County's full enjoyment of the rights hereunder; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 8. Owner shall retain the mineral estate and any water rights currently attached to or associated with the Property, if any exists. 9. Owner shall agree to Immediate Possession by County upon approval of this Agreement by the Board of County Commissioners of Weld County, Colorado or its designee. 10. Owner is liable for any damage caused to any other property owner, including but not limited to, crop damage, agricultural damage, or access issues which are caused by the Owner's actions or failure to act pursuant to this agreement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay One Thousand, Five Hundred and Eighty and no/100 Dollars ($1,580.00) to the Owner for the Public Road Right -of -Way and Temporary Construction Easement by County warrant. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. The parties agree that County shall pay Owner for the Public Road Right -of -Way and Temporary Construction Easement by County warrant within thirty (30) days of County's execution of this Agreement. Page 2 of 5 4672923 Pages: 2 of 00 00 01/19/2021 0Cler PM R Fee r, �� i1ty, CO i ,IIII Carly ' PPeS+ Clerk Re��@;;.W,°:d County, CO 3. County shall pay all fees associated with recording this Agreement. 4. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of -Way and Temporary Easement. 5. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. MISCELLANEOUS: 1. Although the date of the transfer of the Public Road Right -of -Way and Temporary Construction Easement shall be the date of County's execution of this Agreement, it is expressly agreed by the parties hereto that immediately upon execution of this Agreement by Owner, County, its contractors, agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Temporary Construction Easement for the purposes of constructing the Bridge Improvement Project and for its daily operation, access and maintenance. This conveyance shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Temporary Construction Easement as may be useful and necessary. 2. This Agreement and the transfers of the Public Road Right -of -Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 3. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 4. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 5. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 6. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not Page 3 of 5 4672923 Pages: 3 of 10 01/19/2021 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII RIP AIL'1IINNIllarliningilliJ irilliVIA Willi Bill included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 7. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 9. Owner shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the Owner's activities in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising out of the failure of the Owner to conform to any statutes, ordinances, regulation, law or court decree. 10. Neither party to this agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. Page 4 of 5 4672923 Pages: 4 of 10 01/19/2021 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Landowner: STONECREEK LLC, a Colorado limited liability company By: TopSide LLC, a Colorado limited liability company, Member By: Dwight Burke Date: 12/18/2020 Digitally signed by Dwight Burke DN: cn=Dwight Burke, o, ou, email=dwight.burke@colostate.edu, c=US Date: 2020.12.1810:59:25 -07'00' Dwight Burke, Managing Member Deputy Clerto t : oar 4672923 Pages: 5 of 10 Carly 2021 0Cler PM R Fee:$0.00 �1 �I ,1III Carly KOPP®S, Clerk and Recorder, Wald County, CO BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair JAN 0 6 2021 Page 5 of 5 4672923 Pages: 6 of 10 01/19/2021 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION N0. 4565514 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING SOUTH 88'39'54" WEST, A DISTANCE OF 2614.56 FEET, TO THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 88'39'54" WEST, A DISTANCE OF 946.92 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 01'20'06" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 86, AND BEING THE TRUE POINT OF BEGINNING THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE SOUTH 43'21'32" EAST, A DISTANCE OF 26.39 FEET; THENCE SOUTH 46'38'28" WEST, A DISTANCE OF 2.93 FEET, TO A POINT ON THE NORTHEASTERLY PROPERTY LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION N0. 44988; THENCE ALONG SAID PROPERTY LINE, BEING A LINE WHICH IS 20.00 FEET PERPENDICULAR TO AND PARALLEL WITH THE CENTER LINE OF THE WATER SUPPLY AND STORAGE COMPANY DITCH, NORTH 45'15'51" WEST, A DISTANCE OF 29.94 FEET, TO A POINT ON SAID RIGHT-OF-WAY LINE; THENCE DEPARTING SAID PROPERTY LINE AND ALONG SAID RIGHT-OF-WAY LINE NORTH 88'39'54" EAST, A DISTANCE OF 5.28 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 95.64 sf. OR 0.002 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION STONE CREEK LLC WELD COUNTY, COLORADO 4672923 Pages: 7 of 10 01/19/2021 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 till G 0u T WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 86/33A PROJECT PROJECT N0: BR -139 SCALE: DATE: 9-01-20 DRAWN BY: DRH SHEET: 1 of LINE TABLE LINE BEARING DISTANCE L1 S01'20'06"E 30.00' L2 S43'21'32"E 26.39' L3 S46'38'28"W 2.93' L4 N45'15.51 "W 29.94' L5 N88'39'54"E 5.28' -NW CORNER S2-T7N-R66W FOUND 3 1/4" ALUMINUM CAP LS7242 1994 IN MONUMENT BOX CITY OF THORNTON NW 1/4 S2-T7N-R66W EXHIBIT -A SW 1/4 S35-T8N-R66W FIOLKOSKI EXISTING 30' RIGHT-OF-WAY BY USAGE P.O.C. N 1/4 CORNER S2-T7N-R66W FOUND 3 1/4" ALUMINUM CAP LS25953 1996 IN MONUMENT BO ----------------' 30' S88'39'54"W 946.92' , S88'39.54"W 2614.56_' t BASIS OF BEARING - P.O.B. 30' WCR 86 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 STONE CREEK LLC WELD COUNTY, COLORADO 4672923 Pages: 8 of 10 01/19/2021 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII KOIMi ll&W I MM _rd�i l ifiliNIC RIGHT OF WAY ACQUIRED 95.64 sf. OR 0.002 ac.t EXISTING 30' RIGHT-OF-WAY BY RESOLUTION STONECREEK LLC RECP.#4565514 PARCEL#070702000002 WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 86/33A PROJECT PROJECT N0: BR -139 DATE: 9-01-20 SCALE: 1"=50 DRAWN BY: DRH SHEET: 2 oft EXHIBIT -B PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION N0. 4565514 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING SOUTH 88'39'54" WEST, A DISTANCE OF 2614.56 FEET, TO THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 88'39'54" WEST, A DISTANCE OF 946.92 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 01'20'06" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 86, AND BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 88'39'54" EAST, A DISTANCE OF 13.46 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 43'21'32" EAST, A DISTANCE OF 17.38 FEET; THENCE SOUTH 46'38'28" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 43'21'32" WEST, A DISTANCE OF 26.39 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 218.73 sf. OR 0.005 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 4672923 Pages: 9 of 10 01/19/2021 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ;W'til�+hhk�LW�h TEMPORARY CONSTRUCTION EASEMENT ACQUISITION STONE CREEK LLC WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT 1861 �� OF PUBLIC WORKS Go NTY BRIDGE 86/33A PROJECT PROJECT N0: BR -139 SCALE: DATE: 9-01-20 DRAWN BY: DRH SHEET: 1 of 2 LINE TABLE LINE BEARING DISTANCE L1 SO1-20'06"E 30.00' L2 N8819'54"E 13.46' L3 S43'21 '32"E 17.38' L4 S46'38'28"W 10.00' L5 N43'21 '32"W 26.39' -NW CORNER S2-T7N-R66W FOUND 3 1/4" ALUMINUM CAP LS7242 1994 IN MONUMENT BOX b, CITY OF THORNTON NW 1/4 S2-T7N-R66W EXHIBIT -B SW 1/4 S35-T8N-R66W FIOLKOSKI EXISTING 30' RIGHT-OF-WAY BY USAGE S88'39'54"W 946.92' .O.B. 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 STONE CREEK LLC WELD COUNTY, COLORADO P.O.C. N 1/4 CORNER S2-T7N-R66W FOUND 3 1/4" ALUMINUM CAP LS25953 1996 IN MONUMENT BO S88'39'54"W 2614.56'__�� e�6�RING TEMPORARY CONSTRUCTION EASEMENT ACQUIRED 218.73 sf. OR 0.005 ac.t PROJECT N0: BR -139 SCALE: 1"=513 LG ou NITY WCR 86 EXISTING 30' RIGHT-OF-WAY BY RESOLUTION STONECREEK LLC RECP.#4565514 b�PARCEL#070702000002 WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 86/33A PROJECT DATE: 9-01-20 DRAWN BY: DRH SHEET: 2 of 2 4672923 Pages: 10 of 10 01/19/2021 02:52 PM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO �Iil IirdIVIUM:IGY+I IIIIIC W IMAN IN Nil III Contract Form New Contract Request Entity Information Entity Marne* STONECREEK LLC Entity ID* 'x`00043204 Contract Name* AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 4364 Contract Lead* TVJOHNSON Contract Lead Email tvjohnsonOco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT OF WAY AND A TEMPORARY CONS I RUCTION EASEMENT FOR THE WELD COUNTY ROAD 86133A BRIDGE PROJECT BETWEEN STONECREEK LLC AND WELD COUNTY, COLORADO. Contract Description 2 Contract Type* AGREEMENT Amount* $1,5130.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptH eadPweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORNEY@ANELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 01/06/2021 Due Date 01;02+2021 Will a work session with BOCC be required? NO Does Contract require Purchasing Dept_ to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 08/0112021 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 09/01 /2021 COnation Co Contact Name PUfCIliiSilt Purchasing Approver APproval P Department Head JAY MCDONALD DH Approved Date 12/30/2020 Final ,Pr BOCC Approved BOCC Signed Date BOCC Agenda Date 01;0612021 +€3riginator TYJOHNSON Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 01(04/2021 Tyler Ref # AG 010621 Legal Counsel BOB CHOATE Legal Counsel Approved Date 01/04/2021 0 V V W V A MEMORANDUM TO: Clerk to the Board DATE: August 12, 2021 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of Public Road Right of Way DOCICET: 2021-0042 CONTRACT ID: 4364 RE: CR 86/33A Bridge Project (BR -139) Acceptance of Deed of Dedication from Stonecreek LLC, a Colorado limited liability company for Public Road Right of Way. Administration\Forms\MEMO-Form.doc sent Av1 � oWi og�igrei tow (IT) g-2 s -21 ,S)O� 1- Qom o'7 ,Goo -1q Dated this ATTEST: Weld porn Clerthe By Deputy DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY -}h THIS DEED, made this (g day of A . , Goal , between Stonecreek, LLC (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: 1 Stonecreek, LLC STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoin instrument was acknowledged before me this 2 I day of by-DIL 13,p " W Iness my hand and official seal. Not ry P bile CEPTANCE , 2021, 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). day of , 2021. *No Deed of Dedication is valid 43-2-201(1)(a). 4748766 Pages: 1 of 3 08/23/2021 01:59 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII l�s��r�IYV�hh'GfiL'h��Nr�J ��1 wGu�I��W III II BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Chair, Board of County Commissioners and of County Commissioners pursuant to C.RS. 02.0.2i- EXHIBIT -A PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE -QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION N0. 4565514 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER AS BEARING SOUTH 88'39'54" WEST, A DISTANCE OF 2614.56 FEET, TO THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 66 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER SOUTH 88'39'54" WEST, A DISTANCE OF 946.92 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 01'20'06" EAST, A DISTANCE OF 30.00 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 86, AND BEING THE TRUE POINT OF BEGINNING, THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE SOUTH 43'21'32" EAST, A DISTANCE OF 26.39 FEET; THENCE SOUTH 46'38'28" WEST, A DISTANCE OF 2.93 FEET, TO A POINT ON THE NORTHEASTERLY PROPERTY LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION N0. 44988; THENCE ALONG SAID PROPERTY UNE, BEING A LINE WHICH IS 20.00 FEET PERPENDICULAR TO AND PARALLEL WITH THE CENTER LINE OF THE WATER SUPPLY AND STORAGE COMPANY DITCH, NORTH 45'15'51" WEST, A DISTANCE OF 29.94 FEET, TO A POINT ON SAID RIGHT-OF-WAY UNE; THENCE DEPARTING SAID PROPERTY LINE AND ALONG SAID RIGHT-OF-WAY LINE NORTH 88'39'54" EAST, A DISTANCE OF 5.28 FEET, TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 95.64 sf. OR 0.002 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION STONE CREEK LLC WELD COUNTY, COLORADO f r, l �_i; I, L GO L1N,T WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 86/33A PROJECT PROJECT N0: BR -139 SCALE: DATE: 9-01-20 DRAWN BY. DWI SHEET: 1 of 2 4748788 Pages: 2 of 3 08/23/2021 01:59 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Mit LINE TABLE LINE BEARING DISTANCE L1 S01'20'06"E 30.00' L2 S43'21'32"E 26.39' L3 S46'38'28"W 2.93' L4 N45'15'51"W 29.94' L5 N8839'54"E 5.28' --NW CORNER S2-T7N-R66W FOUND 3 1/4" ALUMINUM CAP LS7242 1994 IN MONUMENT BOX CITY OF THORNTON EXHIBIT -A SW 174 S35-T8N-R66W FIOLKOSKI EXISTING 30' RIGHT-OF-WAY BY USAGE S88'39'54"W 946.92' P.O.C. N 1/4 CORNER S2-T7N-R66W FOUND 3 1/4" ALUMINUM CAP LS25953 1996 IN MONUMENT BO .O.B. 30' 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 STONE CREEK LLC WELD COUNTY, COLORADO RIGHT OF WAY ACQUIRED 95.64 sf. OR 0.002 ac.t GOuNTY 4748766 Pages: 3 of 3 08/23/2021 01:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO rtfii 11MM li �� r L�I�i viii W�h Bill WCR 86 EXISTING 30' RIGHT—OF—WAY BY RESOLUTION STONECREEK LLC RECP.#4565514 PARCEL#070702000002 WELD COUNTY DEPARTMENT OF PUBLIC WORKS BRIDGE 86/33A PROJECT PROJECT N0: BR -139 DATE: 9-01-20 SCALE: i"=50 DRAWN BY: DRH SHEET: 2 of 2 Hello