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Home My WebLink About20210401.tiffRESOLUTION RE: APPROVE ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - MARK BARR 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, from Mark Barr, 16247 County Road 50, LaSalle, Colorado 80645-7707, to 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, 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, from Mark Barr, to 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, 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 acceptance of deed of dedication. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dit)(44.) .�/'/444k Weld County Clerk to the Board BY: Deputy Clerk to the Board APPAS my orney Date of signature: oafia.A.1 Steve Meno, Chair Scott Lori Sane cc: PW(DA/ER /CH) 3/i3 0.7t4-Adeetv) *7/v4 2021-0401 EG0079 aon+rat 9941 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County Parkway Acceptance of Right of Way Dedication, Perpetual and Slope Easements DEPARTMENT: Public Works DATE: 1/27/2021 PERSON REQUESTING: Dawn Anderson Brief description of the problem/issue: The Board of County Commissioners on February 26, 2020 approved USR19-0071 — DPG Farms, LLC with Conditions. One condition was to enter into an Improvements Agreement with specific upfront off -site improvements to the Weld County Parkway to be completed prior to construction. In order to complete these improvements, the developer had to acquire additional land, at their cost, to meet the criteria for the roadway design. The applicant has acquired those land rights necessary and is ready to convey them to Weld County, as required. Attached are two Deed of Dedication forms with legal descriptions as well as a Permanent Slope Easement agreement with legal description for the areas necessary for the roadway improvements. The Board of County Commissioners must accept the Deeds of Dedication as well as the Permanent Slope Easement agreement to finalize the transfer of land. Neither the dedication of land, nor the easements are at cost to the county but will ensure maintenance of the Weld County Parkway can continue with the improvements required in accordance with their USR. • Acceptance of Mark Barr Deed of Dedication — 2,767 SF or 0.06 Acres • Acceptance of Catherine Roadifer Deed of Dedication — 10,462 SF or 0.24 Acres • Acceptance of Catherine Roadifer Perpetual Easement — 6,880 SF or 0.16 Acres • Execution of City of Greeley Slope Easement Agreement — 8,148 SF or 0.19 Acres What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. The Board can accept the Right of Way Dedication and Permanent Slope Easement. 2. The Board can deny the acceptance of the Right of Way Dedication and Permanent Slope Easement. Recommendation: Public Works recommends accepting t� Right of Way Dedication and the Permanent Slope Easement so that the county can continue to maintain the Pa Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine oa/og 2021-0401 EG0O-1q DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY ce. THIS DEED, made this iy day of , 2020, between Mark Barr ("Grantor") and the County or Weld, a body corporate and politic of the State of Colorado, 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 J-2 Contracting Co. on behalf of and for 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: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1 / 4 OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE SOUTHEAST 1 /4 OF SAID SECTION 11 TO BEAR SOUTH 00.26' 49" EAST, BEING MONUMENTED ON THE NORTH END BY A 3/ 4" REBAR WITH 2 1 /2" ALUMINUM CAP, PLS 23501, AND ON THE SOUTH END BY A 3/4 REBAR WITH 2 1/2" ALUMINUM CAP, PLS 25385, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE EAST 1 / 4 CORNER OF SAID SECTION 11; THENCE SOUTH 00° 26' 49" EAST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1 / 4 OF SAID SECTION 11, A DISTANCE OF 1460.90 FEET TO THE SOUTH RIGHT-OF-WAY OF WELD COUNTY PARKWAY AS DESCRIBED IN DOCUMENT RECORDED JUNE 4, 2014 AS RECEPTION NO. 4020866 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°26' 49" EAST, COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 15.58 FEET; THENCE NORTH 73° 32' 27" WEST, A DISTANCE OF 36.04 FEET; THENCE NORTH 69° 52' 45" WEST, A DISTANCE OF 62.23 FEET; THENCE NORTH 65° 04' 23" WEST, A DISTANCE OF 116.59 FEET; THENCE NORTH 53° 42' 02" WEST, A DISTANCE OF 21.14 FEET TO SAID SOUTH RIGHT -OF-WAY LINE; THENCE SOUTH 75.28'07" EAST, COINCIDENT WITH SAID SOUTH RIGHT -OF-WAY LINE, A DISTANCE OF 36.20 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 1135.00 FEET AND A CENTRAL ANGLE OF 09°45' 52", WHOSE CHORD BEARS SOUTH 69° 11' 57" EAST, A DISTANCE OF 193.19 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 193.43 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2767 SQUARE FEET OR 0.06 ACRES, MORE OR LESS AND IS FURTHER DESCRIBED IN "EXHIBIT A" ATTACHED HERETO. EXCEPTING oil, gas, hydrocarbons, and mineral liens, encumbrances, rights -of -way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the hard rock and mineral estates under said property, including, without limitation, oil, gas and hydrocarbons and any and all water, well permits and rights, water taps, springs, and water rights, including non -tributary and tributary rights, surface and groundwater rights, and adjudicated or unadjudicated rights, currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. 4683944 Pages: 1 of 8 02/18/2021 01:32 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County County, CO Illi ggn imioili '` ita �iti4 tirivilxilik tin GRANTOR: ;044v t3er.4.."-- Mark Barr STATE OF COLORADO ) ) ss. COUNTY OF/€2111 ) f -- Subscribed and sworn to before me this /6/ day of December , 2020 by Mark Barr. WITNESS my hand and °MeiaJ+seal My Commission expires [SEAL] 4683944 Pages: 2 of 6 02/18/2021 01:32 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County County, CO 1111 I��I�t�1+�1�4i��li��M�k� III III ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this/11 day o ATTEST: �� •ok CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY: V Deputy Clerk to the Boar STATE OF COLORADO ) )ss COUNTY OF WELD ) , 2021. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO Steve Moreno, Chair BOARD OF COUNTY FEB 0 8 2021 COMMISSIONERS OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 2021 by Steve Moreno, BOARD OF COUNTY COMMISSIONERS OF THE COUN Y OF WELD. Witness my hand and official seal. My commission expires: 4683944 Pages: 3 of 6 02/18/2021 01:32 PM R Fee:$0.00 Carly Koppae, Clerk and Recorder, Weld County County, CO CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE Ot- COLORADO NOTARY ID 20144u48044 MY COMMISSION EXPIRES DEC. 19, 2022 -4610 'EXHIBIT A' A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1_/4 OF SECTION 11. TOWNSHIP 5 NORTH. RANGE 65 WEST OF THE 6TH P.M.. COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE EAST UNE OF THE SOUTHEAST 1/4 OF SAID SECTION 11 ,'O BEAR SOUTH 00''26`49" EAST, BEING MONUMENTEO ON E NORTH END BY A 3/4 REBAR WITH 2 1/2" ALUMINUM CAP. PLS 23501, AND ON THE SOUTH END BY A 314 REBAR WITH 2 1/2" ALUMINUM CAP, PLS 25385, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTI 11; THENCE SOUTH 00'26'49" EAST. COINCIDENT WITH THE EAST UNE OF THE SOUTHEAST 1 4 OF SAID SECTION 11. A DISTANCE OF 1460.90 FEET TO THESOUTH RIGHT-OF-WAY OF COUNTY PARKWAY AS DESCRIBED IN DOCUMENT RECORDED JUNE 4 2014 AS RECEPTION N0. 4020866 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD 90UNTY, COLORADO AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH0076'49 EAST, COINCIDENT WITH SAID EAST UNE, A DISTANCE OF 15.58 FEET; THENCE NORTH 73'32 27" WEST, A DISTANCE OF 36.04 FEET; THENCE NORTH 69'52'45 WEST. A DISTANCE OF 62.23 FEET; THENCE NORTH 65'04'23" WEST. A DISTANCE OF 116.59 FEETL THENCE NORTH 53"42'02" WEST, A DISTANCE OF 21.14 FEET TO SAID SOUTH RIGHT-OF-WAY UNE; THENCE SOUTH 75'28.07" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY UNE, A DISTANCE OF 38.20 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVk TO THE NORTHEAST, HAVING A RADIUS OF 1135.00 FEET AND A CENTRAL ANGLE OF 09'45'52 . WHOSE CHORD BEARS SOUTH 69'11'57" EAST. A DISTANCE OF 193.19 FEET_ THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY UNE. A DISTANCE OF 193.43 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2767 SQUARE FEET OR 0.06 ACRES, MORE OR LESS. PREPARED BY: CURTIS D. HOGS, PLS 37971 FOR AND ON BEHALF OF: AMERICAN WEST LAND SURVEYING CO. A COLORADO CORPORATION BRIGHTON. CO 80601 NOTE: THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. NOTE THIS SURVEY DOES NOT CONSTITUTE A TTTLE SEARCH BY AMERICAN WEST LAND SURVEYING CO. TO DETERMINE OWNERSHIP. RIGHTS —OF —WAY OR EASEMENTS OF RECORD. DRAWN BY: CDH FIELD: CDH PARCEL N0. 096114100004 MARK BARR NOV. 30, 2020 PAGE 1 OF 2 PO Elovc 129. Br1ohten. CO 80001 • P 80s-see-usaa F • AMWEATL$.QpM 4683944 Pages: 4 of 6 02/18/2021 01:32 PM R Fee:S0.00 Car1Y Koppea, Clerk and Reoorder, Weld County County, CO 'EXHIBIT A' EAST 1/4 COR. SEC. 11, T 5 N. R 65 W FOUND 3/4" REBAR WITH 2 1 /2" ALUMINUM CAP. PLS 2 501 POINT OF COMMENCEMENT) E. 18TH STREET 2767 S.F.+ ,0.06 Ac.+ PARCEL N0. 098114100004 MARK BARR UNE BEARING DISTANCE L1 SOO'28'49"E 15.58' L2 N73'32'2TW 36.04' L3 N89'52'45"W 82.23' L4 N6504'2318 118.59' L5 N53"42'02"W 21.14` L6 S75'28'07"E 38.20' LINE RADIUS ARC DELTA CHORD BEARING CHORD C1 1135.00' 193.43' 09'45'52' S69'11'57"E 193.19' NOTE: THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY. R DOES NOT REPRESENT A MONUMENTED LAND SURVEY. NOTE THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY AMERICAN WEST LAND SURVEYING CO. TO DETERMINE OWNERSHIP, RIGHTS —OF —WAY OR EASEMENTS OF RECORD. PARCEL N0. 096114100004 MARK BARR DRAWN BY: CDH FIELD: CDH NOV. 30. 2020 PAGE 2 OF 2 4683944 Pages: 5 of 6 02/18/2021 01:32 PM R Fee:$0.00 Carly KoppesClerk and Recorder, Weld County County, CO Ir�hII 80x 1 f Oc n, CO 80001 • P 303-a00-1582 F " AMVVEST .8 COM AMINO 11/23/2020 9:56:48 AM • I Jeff Consulting,Inc. 305 Denver Avenue - Suite D Fort Lupton, CO 80621 303-857-6222 J-2 Contracting Company DPG Pit Entrance Lanes ROW / Easement Exhibit 4683944 Pages : 6 of 6 02/18/2021 01:32 PM R Fee:$O.OO Carly Koppes, Clerk and Recorder, Weld County County, CO III Kt rink�l� :P likhr411 I Al WI IAIlk I'll! ,ter.. - (909t0Ot• 'ON '03ti) 1.103W3SV3 AWA3A180 0 0 Date: 11.23.20 Job No: 18114 Drawn. TPY Scale: Sheet: 1 Entity Information Entity Name* BARR, MARK Entity ID* t-00034089 Contract Name* ACCEPTANCE OF DEED OF DEDICATION FOR RIGHT OF WAY (USR19-0071) Contract Status L 1 B REVIEW ❑ New Entity? Contract ID 4444 Contract Lead* DRANDERSON Contract Lead Emaii drandersongco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ACCEPTANCE OF DEED OF DEDICATION FOR RIGHT OF WAY (USR19-0071;) COST OF RIGHT-OF-WAY PAID FOR BY DEVELOPER, NO COSTS TO WELD COUNTY Contract Description 2 Contract Type AGREEMENT Amount* $0.00 Renewable* NO Automatic Renewal Department PUBLIC WORKS Department Email CM- PublicWorks weldgov.com Department Head Email CM-PublieWorks- DeptHeadgweldgov,com County Attorney BOB CH©ATE County Attorney Email BCHOATECO.WELD.CO,US Requested BOCC Agenda Date* 02,08/2021 Due Date 02104/2021 W111 a work session with BOCC be required? NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID 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* Renewal Date 02/0112022 Termination Notice Period on Committed Delivery Date Expiration Date* 02:0812022 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 02'0412021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02,`08:2021 Originator DRANDERSON Finance Approver CHRIS D'OVIDIO Purchasing Approved Date Finance Approved Date 02104:'2021 Tyler Ref # AG 020821 Legal Counsel BOB CHOATE Legal Counsel Approved Date 02'04 2021 Hello