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HomeMy WebLinkAbout20203609RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF PRIVATE PROPERTY FOR CERTAIN IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 41 AND 66 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RAY HUNT 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 Private Property for Certain Improvements to the Intersection at County Roads 41 and 66 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 Ray Hunt, 19999 County Road 66, 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 Private Property for Certain Improvements to the Intersection at County Roads 41 and 66 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 Ray Hunt, 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. cc: 1t4)CCKtER (CH) ot�ia/al 2020-3609 EG0078 AGREEMENT FOR PURCHASE OF PRIVATE PROPERTY FOR CERTAIN IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 41 AND 66 — RAY HUNT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: /.atit..4/ < . ?`X,.v%ak Weld County Clerk to the Board BY: APP ounty orney Date of signature: l/f6/2 Mike Freeman, Chair Steve MgYeno, Pro-Tem Scott Mames arbara Kirkmeyer Kevin D. Ross 2020-3609 EG0078 MEMORANDUM Date: December 2, 2020 To: Clerk to the Board From: Clay Kimmi, Project Manager, Public Works RE: Purchase Agreement for CR 66 and CR 41 Right of Way — Hunt Property Public Works has been working with Ray Hunt to purchase the property at the northwest corner of the CR 66 and CR 41 intersection. The property is needed as ROW for the intersection improvement project that is currently in design. The purchase price for the property is $671,450.000. The purchase price includes $531,950.00 for the property and damages plus a signing bonus of $139,500.00. The current owner will be allowed to stay on the property for up to 120 days after the closing. The Board approved a pass around request asking that this agreement to be placed on the BOCC agenda. Please place the agreement on the BOCC agenda for December 9, 2020. I will be at the BOCC hearing to answer any questions that may arise. /.2-b 2020-3609 a&oo18 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Agreement for Purchase of Ray Hunt Property — CR 66 & CR 41 Intersection DEPARTMENT: Public Works DATE: 11/30/2020 PERSON REQUESTING: Clay Kimmi Brief description of the problem/issue: During the November 9, 2020 work session regarding a counteroffer to Mr. Hunt, the BOCC indicated that Public Works could offer Mr. Hunt $671,450.00 for his property located on the NW corner of the CR 66 and CR 41 intersection. The County's counteroffer was in response to Mr. Hunt's counteroffer of $800,000.00. The County's counteroffer includes $531,950.00 for the property and damages plus a signing bonus of $139,500. Public Works, through Western States Land Services, made the counteroffer to Mr. Hunt which he accepted. The next step required to complete the purchase of the property for the CR 66 and CR 41 ROW is to have the Board sign the agreement. Once the agreement is signed, a closing will be set up with Unified Title Company of Northern Colorado. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Sign the agreement so the purchase of the property can be completed. The completion of the transaction will keep the project on schedule. 2. Don't sign the agreement. Recommendation: Public Works recommends option 1 which is to sign the agreement so the sale of the property can be completed. Approve Recommendation Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D. Ross Schedule Work Session Other/Comments: Page 1 of4 AGREEMENT FOR THE PURCHASE OF PRIVATE PROPERTY, FOR THE PURPOSE OF CERTAIN IMPROVEMENTS TO INTERSECTION OF WELD COUNTY ROAD 41 AND WELD COUNTY ROAD 66 WELD COUNTY, COLORADO THIS AGREEMENT is made this day of iy , 2020, by RAY HUNT, whose address is 19999 County Road 66, Greeley, Colorado 80631 hereinafter collectively 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 a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as "Property") also known as 19999 CR 66, and WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 41 (hereinafter "WCR 41"), and Weld County Road 66 (hereinafter "WCR 66"), which will involve the realignment and construction of said roads, (hereinafter referred to as "Intersection Improvement Project"), and WHEREAS, County requires the parcel of the Property for the benefit of County in order to complete a portion of said Intersection Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Agreement. Owner agrees to sell and County agrees to purchase the Property as 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 Six Hundred Seventy-one Thousand Four Hundred Fifty Dollars, ($671,450.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Execution of this agreement is required by December 15, 2020. 2. Owner agrees to grant the Property to the County by General Warranty Deed, a copy of which is attached as Exhibit B, a copy of which is attached, free and clear of all liens and encumbrances, except existing easements. 3. Owner shall deliver the fully executed General Warranty Deed for the Property to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. \\PYRAMID\data\HORROCKS\C167-1\HUNT\FINAL OFFER\Agreement for Purchase and Sale_HUNT_CLEAN COPY_ 12- 03-2020.doc 4666190 Pages: 1 of 8 12/29/2020 02:29 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iii 1104 id BIM M Page 2 of 4 4. Owner shall pay any encumbrance associated with the Property, the which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the General Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Property. 5. Owner warrants that they are the Owner of the property and will defend title thereto against all claims. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Property. 2. County shall pay all fees associated with recording this Agreement and / or the General Warranty Deed. 3. County shall pay Owner for the Property, by County warrant(s) at the date of closing. MISCELLANEOUS: 1. Upon execution of this Agreement the County will deposit a check in the amount of $671,450.00 to be held in escrow by Unified Title Company for the benefit of the Owner. Owner will deliver possession of the Property within 120 days of closing. During said 120 -day period, owner agrees to extend the Permission to Enter, granted on January 3, 2020, for the purposes of engineering and design related to the Intersection Improvement Project. After said 120 days, no later than July 1, 2021, it is expressly agreed by the parties hereto that the County, its contractors, agents, employees and all others deemed necessary by County, shall have the irrevocable right to possess and use the Property for the purposes of constructing the Intersection Improvement Project and the driveway entrance, and for its daily operation, access and maintenance. These conveyances shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said Intersection Improvement Project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Property as may be useful and necessary. 2. This Agreement and the conveyance of the Property 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. \\PYRAMID\data\HORROCKS\C167-1\HUNT\FINAL OFFER\Agreement for Purchase and Sale_HUNT_CLEAN COPY_ 12- 03-2020.doc 4666190 Pages: 2 of 8 12/29/2020 02:29 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IJle. NYQ'FGi kI 11111 Page 3 of 4 3. This Agreement shall be binding upon the Owner upon the date of signature by the Owner. 4. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 5. 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. 6. 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. 7. 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 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. 8. This Agreement including the Exhibits attached hereto and incorporated herein, 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. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 9. Colorado law, rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and/or regulations shall be null and void. In the event of a legal dispute between parties, the parties agree that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 10. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] \\PYRAMID\data\HORROCKS\C167-1\HUNT\FINAL OFFER\Agreement for Purchase and Sale_HUNT_CLEAN COPY_ 12- 03-2020.doc 4666190 Pages: 3 of 8 12/29/2020 02:29 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 Fig: ?iv' f ldirlitri hill lVilitiOrA rlilii lik Bill Page 4 of 4 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. RAY HUNT By: ATTE : J.e.;„k BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freelnan,Chair DEC 0 9 2020 11PYRAMIDIdata\HORROCKS1C167-11HUNTWINAL OFFER\Agreement for Purchase and Sale IIUNT_CLEAN COPY_ 12- 03.2020.doc 4666190 Pages: 4 of 8 12/29/2020 02:29 PM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO VIII 14rdQi1i Phi %IMO' F#iikii: II aa020-36a� EXHIBIT A RIGHT OF WAY ACQUISITION All that parcel of land described in the Warranty Deed recorded at Reception Number 4429632, on September 10, 2018, in the Weld County Colorado Clerk and Recorder's Office, lying in the East Half of the Southeast Quarter of Section 20, Township 6 North, Range 65 West of the Sixth Principal Meridian, Weld County Colorado, being described as follows in said deed: Beginning at the Southeast corner of Lot A of Recorded Exemption No. 0803 -20.4 -RE 818 recorded January 22, 1986 in Book 1100 as Reception No. 2040100, being part of the E1/2 of the SE1/4 of Section 20, Township 6 North, Range, 65 West of the 6th P.M., County of Weld, State of Colorado; thence along the Easterly boundary of a Lot A 180.00 feet; thence West 324.53 feet; thence South 148.86 feet to the Southern Boundary of Lot A 323.90 feet to the point of beginning, County of Weld, State of Colorado. Also known by street and number as: 19999 County Road 66 Greeley, CO 80631 The area as shown on Exemption Plat 0803 -20 -4 -RE 818, LOT "A" is 1.221 acres (gross) and 0.896 acres (net) after record r.o.w. has been removed. Basis of Bearings for above description: All Bearings herein are based on the East line of the Southeast Quarter of Section 20, Township 6 North, Range 65 West, 6th Principal Meridian, as shown on Recorded Exemption No. 0803 -20 -4 -RE 818 recorded January 22, 1986 in Book 1100 as Reception No. 2040100, bearing South 00°10'01" West, with the West 1/4 Corner of said Section 20 being monumented by a 3-1/2" aluminum cap in a box, stamped LS 22098, and the Southeast Quarter Corner of said Section 20 being monumented by a 2-1/2" aluminum cap in a box, marking are Illegible. James A. Daley P.L.S. 37044 For and on behalf of David Evans and Associates 1600 Broadway, Suite 800 Denver, CO 80202 RIGHT OF WAY ACQUISITION RW-1 RAY HUNT WELD COUNTY, COLORADO 4666190 Pages: 5 of 8 12/29/2020 02:29 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 14urdrWthitlfi '11'1 411111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66&41 INTERSECTION PROJECT No: HRKS00000008 Scale: Dals: 09/22/2020 'Drawn by: RS (Sheet 1 of 10 EXHIBIT A I TeREC# 7O4C 101 - 2 2 -- 1986 ! - : Ma S . 20 ' FUTURE ROW RESERVATION I ! IN SEC. 20 _ ' 998 ' Its . « TEN R65W Mc Ai . L DRAIN & , : i r6N R65W ' 6TH P. M., 1 , �4 a' IRRIGATION CO . t , \ S20142, g \I ! .!ONES L522098, . ki e HUNGENBERG BOH I FARMS LLLP E i • I a , , H UNGENBERG BOH1 46, 4 e • FARMS LLLP 1 Q • RW - 1 _• aro ', _it PROPOSED RIGHT OF WA`' ACQUISITION IC m iP 1 — -4° le St AREA: 53 , 1 86 . 76 sf . ( 1 . 22 ' ac . )\ Gross 1 ii k AREA: 39 ,029. 76 sf. (0 . 869 oc .) Net * _ .. �r COI IUNGENBERG RD . - }=ARMS LLLP • ti.f-- REC#2040101 -- 22 - 1986 f f # "* y ► t 20' FUTURE ROW t !It ,'-1r* 5 a -. .4 RESERVATION -'' ' $` #4,6d' OF ROW ) 4iipa8OOOOG • / - RE P. # 4429632 r / r" U e . , " ., G - G 18ipm. EXISTING 60 ' rl . . %-- --- - , RIGHT-- 0E-- WAY -=`= -�„� _ � RD - 8K 1 , PG 258 �MOb V -�-- . I APRIL 1874 t t �• ..... .. . /1 - ' - / . , mov .....,J Lmod ......„.... ..__________________ ��' ` EXISTING 4O ' •�- ...._ Aoki ----_._.MO -_.__� - '"*► ---- ,�►oa RIGHT- OF - WAY moil . - . MON R D -- B K 2 , PG 77 _ ,,p. .�. ,- .,,,, �, 41 elftij JULv 7 , 1876 Es sam ,-snotushave7-74..".1. _ vaitalOli al"Ilini is .1 �S 4. id MIINtaftesb I.0 ‘ - 4 . tr._ vt. .i - k ,,, ,_ 45: ,.. ir, „ , ,,, I . , ,,, % ... . , . .. ,i . .. . , ' 4 % t\! tLLEGLEBLE )reil:MORO FARMS INC . 3 ; 1 'a , g r is 11 V Ibis. ' Se SEC. 29 \x ,p . 't 00 T6N R6.5 W " 6TH P. M. 'S ! • at ill CALL UTILITY NOTIFICATION 411: "ESTER OF CG_ORAno _ SFC, � IL * -� I r6N Rti1;1i r- "' rgilli 1 . - Illi NOTE : THIS EXHIBIY MAP ODES NOT REPRESENT A MONUMENTED I � a LAND SURVEY OR LAND SURVEY PLAT. 11 IS INTENDED TC CALL 1•HUSINESS DAYS INADVANCE BEFORE YOU DIG. GRADE OR EXCAVATE ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION CNLY. k - rOR THE MARKING OF UNDERGROUND / WELD COUNTY DEPARTMENT RIGHT OF WAY .` - 0 OF PUBLIC WORKS ACQUISITION RW- i WCR 66 & 41 71114-- INTERSECTION PROJECT RAY HUNT IAProject t,J " HRKS00000006 Sale: 1"= 100' WELD COUNTY , COLORADO Y_. r.; 1" 'i' ejj • Date: 09/22/2020 Drawn by: RS 'Sheet 1 of 10 4666190 Pages : 6 of 8 12 / 29 / 2020 02 : 29 PM R Fee : $0 . 00 Carly Koppes ; Clerk and Recorder , Weld County , CO iii rrR hem A31 rA ' rh C ILILOCIAlilii3Ollivi, Ill EXHIBIT B WARRANTY DEED THIS DEED made this day of , 2020, between RAY HUNT, whose legal address is 19999 County Road 66, Greeley, Colorado, 80631 of the County of Weld, State of Colorado, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantee: WITNESS, that the grantor, for the sum of One Dollar, and other 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, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as Weld County Assessor's parcel # 080329000083 and 19999 WCR 66, Greeley, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, 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 grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he 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 whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4666190 Pages: 7 of 8 12/29/2020 02:29 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii I r rG t l 'fir ' li l IIW� r«'�� R M��� LIi4�h 1I 111 \\PYRAMID\data\HORROCKS\C167-1\HUNT1FINAL OFFER\I-IUNT Warranty Deed.doc IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. OWNER: RAY HUNT By: State of Colorado )ss. County of Weld The foregoing instrument was acknowledged before me this day of 20, by Witness my hand and official seal. Notary Public My commission expires: 4666190 Pages: 8 of 8 12/29/2020 02:29 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII VAT iiihrill ilfiLDIVAI :li h 11111 \\PYRAMID\data\HORROCKS\C167-1\HUNT\FINAL OFFER\HUNT Warranty Deed.doc Contract Form New Contract Request Entity Information Entity Name* HUNT, RAY Entity ID* g.:lD0043031 Contract Name * AGREEMENT FOR THE PURCHASE OF PRIVATE PROPERTY FOR THE PURPOSE OF CERTAIN IMPROVEMENTS TO INTERSECTION OF CR 66 AND CR 41 Contract Status CTB REVIEW ❑ New Entity? Contract ID 4288 Contract Lead* CKIMMI Contract Lead Email CKi mmi=Tco.weld.co. us Parent Contract ID Requires Board Approval YES Department Project # GR-45 Contract Description * AGREEMENT TO PURCHASE RAY HUNT'S PROPERTY LOCATED ON THE NW CORNER OF THE CR 66 41 INTERSECTION. Contract Description 2 THE PROPERTY IS REQUIRED AS ROW FOR THE INTERSECTION PROJECT. MR. HUNT IS A WILLING SELLER AND WELD COUNTY IS A WILLING BUYER. Contract Type AGREEMENT Amount '• 5671,450.00 Renewable * NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorks:Tweldgov.com Department Head Email CM-PublicWorks- DeptHeadcrreldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATECO.WELD.CO.US Requested BOCC Agenda Date* 12 07;2020 Due Date 12`03 2020 Will a work session with BOCC be required?* HAD 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 Termination Notice Period Contact Information Contact Info Contact Name Purchasing Review Date k 12,01 2020 Committed Delivery Date Renewal Date Expiration Date" 12.31!2120 Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAY MCDONALD DH Approved Date 12.0712020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12/09'2020 Originator CKIMMI Finance Approver BARB CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 12.07 2020 12 07'2020 Tyler Ref f AG 120920 MEMORANDUM TO: Esther Gesick, CTB DATE: January 21, 2021 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Warranty Deed for the CR 66 and CR 41 Intersection Improvement Project Please place the attached Acceptance of a Warranty Deed for the Ray Hunt ROW parcel on the consent agenda. The original docket number was 2020-3609. e&. lott)P4) �0-3407 gG i Page 1 of 1 Ov� C:\Users\choffman\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\NIENV7B0\Ray Hunt Deed Acceptance Memo to CTB_.docx 4671563 01/14/2021 04:56 PM Total Pages: 4 Rec Fee: $28.00 Carly Koppes - Clerk and Recorder, Weld County, CO WARRANTY DEED THIS DEED made this 13 day of , 2021, between RAY HUNT, whose legal address is 19999 County Road 66, Greele , Colorado, 80631 of the County of Weld, State of Colorado, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "0" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantee: WITNESS, that the grantor, for the sum of One Dollar, and other 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, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" Also known as Weld County Assessor's parcel # 080320000046 and 19999 WCR 66, Greeley, Weld County, Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, 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 grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he 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 whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. C\Users\ckern\AppData\Local\Temp\9\FileScanfsAttachedDocs\Z000000016956894.doc 4678017 Pages: 1 of 5 02/02/2021 10:52 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 �s+G�iT�r�4��'�+ili�M�l�llti IJAK'R MINIR BM 4671563 01/14/2021 04:56 PM Page 2 of 4 IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. OWNER: RAY HUNT By: State of Colorado ) )ss. County of Weld ) The foregoing instnungt was acknowledged before me this 13 day of _IA 20'2t , by 4, My commission expires: Witness m Notary CHERYL O NOTARY PUBLIC � STATE OF COLORADO MY COMNOTAYMISSION EXXPIRES lIGU5125, 2023 d and official seal. C:\Users\ckern\AppData\Local\Temp\91FileScanfsAttachedDocs\Z000000016956894.doc 4678017 Pages: 2 of 5 02/02/2021 10:62 AM R Fee :$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 riiIitfiq Iil4'Al14U4, I V 'AR III II 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 said parcel, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this C day of ATTEST: W.,44:avki v• �� CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY:(3 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 teve Moreno, Chair BOARD OF COUNTY JAN 2 7 2021 COMMISSIONER OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this 27th day of January , 2021, by Steve Moreno, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: 12/19/2022 4678017 Pages: 3 of 5 02/02/2021 10:52 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII NU�s�R �h�4 Cl 'phi%'1 ��1i���� �N «'SYi lti 11111 Notary Publ nn Hoffman CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 4671563 01/14/2021 04:56 PM Page 3 of 4 EXHIBIT A RIGHT OF WAY ACQUISITION All that parcel of land described in the Warranty Deed recorded at Reception Number 4429632, on September 10, 2018, in the Weld County Colorado Clerk and Recorder's Office, lying in the East Half of the Southeast Quarter of Section 20, Township 6 North, Range 65 West of the Sixth Principal Meridian, Weld County Colorado, being described as follows in said deed: Beginning at the Southeast corner of Lot A of Recorded Exemption No. 0803 -20 -4 -RE 818 recorded January 22, 1986 in Book 1100 as Reception No. 2040100, being part of the E112 of the SE1f4 of Section 20, Township 6 North, Range, 65 West of the 6th P.M., County of Weld, State of Colorado; thence along the Easterly boundary of a Lot A 180.00 feet; thence West 324.53 feet; thence South 148.86 feet to the Southern Boundary of Lot A 323.90 feet to the point of beginning, County of Weld, State of Colorado. Also known by street and number as: 19999 County Road 66 Greeley, CO 80631 The area as shown on Exemption Plat 0803 -20 -4 -RE 818, LOT "A" is 1.221 acres (gross) and 0.896 acres (net) after record r.o.w. has been removed. Basis of Bearings for above description: All Bearings herein are based on the East line of the Southeast Quarter of Section 20, Township 6 North, Range 65 West, 6th Principal Meridian, as shown on Recorded Exemption No. 0803 -20 -4 -RE 818 recorded January 22, 1986 in Book 1100 as Reception No. 2040100, bearing South 00°10'01° West, with the West 1/4 Corner of said Section 20 being monumented by a 3-1/2" aluminum cap in a box, stamped LS 22098, and the Southeast Quarter Corner of said Section 20 being monumented by a 2-1/2° aluminum cap in a box, marking are Illegible. . D• ..•v^ � y - v 37044 9.24-2020 /c James A. Daley P.L.S. 37044 For and on behalf of David Evans and Associates 1600 Broadway, Suite 800 Denver, CO 80202 RIGHT OF WAY ACQUISITION RW-1 RAY HUNT WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR66841 INTERSECTION PROJECT rojed No: HRKS00000005 She: 1'=100' Dale: 09/22/2020 (Drawn by RS 'Sheet 1 of 10 4878017 Pages: 4 of g 02/02/2021 10:52 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, and Clerk Recorder, Weld County, CO in al,:� 1 Wl��ll �I Ili EXHIBIT A qv+ qr A o tt.14 . 0.4cc . . ,,,,, ss ic914i„ t ° k29S8EtVATIONillt tb1 ta illuilmalan . * - SEC 20 • ' 998 - I. iA R . TEN R65W I 1 McCALL DRAIN & 1 r6Nv R65W • tTx Pitt 1 ,t IRRIGATION CO . 114 t C2 4 F 0S2 ••• ` JONES 1 L5 2.2098 p e�N HUNGENBERG BOH I FARMS LLLP 1. co is sti 404 MOIN I It cian.�. II��jj �� b � i ,' n HI.JNGENBERG BOA) c' V (�' �, FARMS LLLP PROPOSE: RIGHT OF WA" ACQUISITION +c AREA: 53 , 1 86 . 76 sf . i 1 , 22 ` oc Gross i e g AREA: 39 ,029 . 76 sL. (0. 869 acf) Net : 1 ` HUI4IGENBERC; RD l ' . _ .. _ �. �` ,FARMS LLLP lit REC { 2C4UPI 0 1 - 22— 1 986 11:1 1. .1) 2 - ie $. tii _. '`.1 - grje i t . : 1 RESERUk.TIOt�� -. F SEC 21 r ( PLAT `SHOWS 60' Qt ROW) s. . ,r. . .,ft - ` R. .�, •P� '� ,, TEN R65W PARC•�*BC32Caa�6 , � ' a P. l�€. RE( P. # 4429632 r ---4- { T- o EXISTING 60 ' M----.�.---- , RIGHT O F—Vff AY """— --_.___- ./ rticw. , # RD— BK B K S , PG 258 sod APRIL 6 , 1874 .48 -,�, — F...........„.......,...loai ....-- `- --tea- , 6 Lostou iliftemarlyqesomme mos iilaselall•Aoki ............jai EXISTING; 4O -- . ttt ±r ilikil 40404/OW AlRGHT- OF WAY` mob RD -- BK. 2 , P 7 i ,i. f w: , � N s a JUL" 7, 1876 - . -- �'stems ,iir .,,,i�0�i 'i1(7,••• \ 4 ' ILLEGIBLE ` r, T I1 \\ -N • _ ...„..._______,,," ' MORO FARMS INC . ' Iliwi. ,M • 5 *f0 4 v c• o. SEC. 29 - - _. 16N RE5 W _,!. . 6TH P. M. 'fr CALL UTILITY NOTIFICATION SEC - . CENTER OF COLORADO , • 16A/ R6514e ., [Soli 1 NOTE : THIS EXHIBIt MAP DOES NOT REPRESENT A MONUMENTED ro �• LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO CALL1•BU5INESSOA ll:Dr VAP:CE 'AFORE YOU DIG GRADE DR EXCAVATE ILLUSTRATE THE A-TACHED PROPERTY DESCRIPTION ONLY, FOR THE FAARKItr'G CF Ut DERGRCUND WELD COUNTY DEPARTMENT RIGHT OF WAY v{ ob OF PUBLIC WORKS ACQUISITION 4 \ lirleitiln*rift --, --7---, 1 - - VVCR 66 & 41 al; el ....\\ t 1- ,,�� INTERSECTION PROJECT ~y1 RAY HUNTNel'amrs4 } - d �..- Pro No : HRKS00000008 Sca(e. 1 "= 1C0 I . WELD COUNTY , COLORADO : _ kg" f_} U N I iv L I~ • Gate: 09/22/2020 Drawn by: RS Sheet 1 of 10 4678017 Pages : 5 of 5 02 / 02 / 2021 10 : 52 AM R Fee : $0 . 00 D Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO III )!j !kiwihim ilitd ' Vi liimaillidiiiiiik Hello