HomeMy WebLinkAbout20192370.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY BY WARRANTY DEED AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD BRIDGE 44/33A
AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BRET AND
CHERYL CLAUSEN
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 Concerning the Purchase
of Public Road Right -of -Way by Warranty Deed and Temporary Construction Easement for
Certain Improvements to County Road Bridge 44/33A 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 Bret and Cheryl Clausen, 16794 County Road 44, LaSalle,
Colorado 80645, with 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 Concerning the Purchase of Public Road Right -of -Way by
Warranty Deed and Temporary Construction Easement for Certain Improvements to County Road
Bridge 44/33A 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 Bret
and Cheryl Clausen, 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.
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2019-2370
E00076
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY BY
WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD BRIDGE 44/33A - BRET AND CHERYL CLAUSEN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: d‘ttleA) `e;4,
Weld County Clerk to the Board
BY: Cti
c99.6Lit...,
Clerk to the Board
APP VED
County Attorney
Date of signature: OCo f are( I
arbara Kirkmey- , Chair
Mike Freeman, Pro -Tern
EXCUSED
Sean P. Cgnway
Steve Moreno
2019-2370
EG0076
Gam b279
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: ROW Agreement for Clausen Property — Bridge 44/33A Replacement Project
DEPARTMENT: PW DATE: 5/16/19
PERSON REQUESTING: Cameron Parrott
Brief description of the problem/issue:
This agreement is for ROW needed to accommodate the replacement of bridge 44/33A. Weld County will acquire 0.018
acres of ROW and 0.1 19 acres of temporary construction easement from the landowner on the southwest corner of the
canal crossing.
This acquisition is on a residential property. The compensation for the ROW and the temporary construction easement
will he $5,350.00
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
• Approve ROW Acquisition Agreement
o $5,350 total cost
• Deny the ROW Acquisition Agreement
Recommendation:
Staff recommends approving this acquisition agreement and allowing it to be placed on the next available BOCC agenda
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
L9/9,14
Approve
Recommendation
Ek-c-
Schedule
Work Session
Other/Comments:
2019-2370
ac,00--7C,
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY BY
WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO BRIDGE ON WCR 44 BETWEEN BRET CLAUSEN
AND CHERYL CLAUSEN AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this day of 2019, by and BRET CLAUSEN
AND CHERYL CLAUSEN, whose address is 167 4 County Road 44, La Salle, CO 80645,
hereinafter collectively referred to as -Owner." and he 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 "Public Road Right -of -Way"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "B"
(hereinafter referred to as ("Temporary Construction Easement"). and
WHEREAS. County finds it necessary to rebuild and improve the bridge at Weld County
Road 44 (hereinafter "Bridge") which will involve the replacement and reconstruction of said
Bridge, (hereinafter referred to as "Improvement Project" (the "Project"), and
WHEREAS, County requires the parcel of Public Road Right -of -Way for the benefit of
County in order to complete a portion of said Project. and
WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the
Project, 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 as
shown and/or described on Exhibit A copies of which are attached hereto and made a
part hereof by this reference, for the sum of Three Thousand Two Hundred Fifteen
Dollars, ($3,215.00). The parties acknowledge and agree that said purchase price
represents full, fair and valuable consideration.
2. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements as shown and/or described on Exhibit "B" copies of which
are attached hereto and made a part hereof by this reference, for the sum of Two
Thousand One Hundred Thirty Five Dollars, ($2,135.00). The parties
0: SEN`C14Y4 - VCR 44 BRIDGE CLAUSEN OFFER Agreement for Purchasc.doe
070/9, a,j7b
acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
3. Owner warrants that they are 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 by Warranty Deed, in the form
attached hereto as Exhibit "A", free and clear of all liens and encumbrances, except
existing easements.
5. Owner agrees to grant a Temporary Construction Easement to the County, free and
clear of all liens, encumbrances or other possessory claims, except existing
easements.
6. Owner shall not, during the term of the Temporary Construction Easement, erect or
construct, or allow to he erected or constricted. any building or other structures on
the property described in Exhibit "B" which may interfere with County's full
enjoyment of the rights hereunder: the Temporary Construction Easement includes all
rights and privileges as are necessary or incidental to County's reasonable and proper
use of said easement.
The Temporary Construction Easement shall commence upon County's contractor
entering the property and shall terminate one (1) year from date of entry or upon the
completion of the Project, whichever is earlier.
8. Owner shall retain the mineral estate under the Public Road Right -of -Way and the
Temporary Construction Easement. and shall also retain any water rights currently
attached to or associated with the Public Road Right -of -Way and Temporary
Construction Easement.
9. Owner shall deliver the fully executed Warranty Deed for the Public Road Right -of -
Way at the date of closing which shall he no later than thirty (30) days following the
County's s execution of this Agreement.
10. Owner shall pay any encumbrance associated with the Public Road Right -of -Way and
the Temporary Construction Easement which is required to he 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 Warranty Deed to the 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 Public Road Right -of -Way and Temporary Construction Easement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
. County shall at closing pay for the cost of obtaining title insurance if County desires
Q: SEH C 49'1•4 - VCR 44 BRIDGE Ct Al SEN OFFER Agreement for Purchose.doc
to obtain title insurance for the Public Road Right -of -Way and Temporary
Construction Easement.
County shall pay all fees associated with recording this Agreement andior Warranty
Deed
County shall pay Owner for the Public Road Right -of -Way and the Temporary
Construction Easement, by County warrant(s) at the date of closing.
MISCELLANEOUS:
. Following the closing, it is expressly agreed by the parties hereto that County. its
contractors, agents. employees and all others deemed necessary by County. shall have
the irrevocable right to possess and use said Public Road Right -of -Way and the
Temporary Construction Easement for the purposes of constructing the Project, 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 project, including the rights of entry upon, passage over, and
deposit of excavated earth, and storage of material and machinery upon such Public
Road Right -of -Way and the Temporary Construction Easement as may be useful and
necessary
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 he 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-I0-101 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 he binding on either party. or its agents or employees.
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
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Carly Koppes, Clerk and Recorder, Weld County, CO
� llia�n ��uINIC ��IVI,ILIIINI R Bill
R 44 BRIDGE (LAI.SE,ti`OFFFR Agreement for Purch,i e.doc
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall he 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 he governed by and constructed in accordance with the laws of
the State of Colorado.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Carly Koppes, Clerk and Recorder, Weld County, CO
Q: SE[I Cl 49,4 -‘VCR 44 BRIDGE CI_.1l-SEA OFFER Agreement for Purcha.,e_do
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written.
OWNER: BRET CLAUSEN AND CHERYL CLAUSEN
Bret Clausen
Date:
ATTEST: ddr-411) Xl";tA
Cheryl Clausen
Date:
1J�
BOARD OF COUNTY COMMISSIONERS
Weld C.0 ty Clerk to the : )ard WELD COUNTY, CQLORADO
BY:
i 4,4
Deputy Cl y k t the Bo;Q� j'
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Carly Koppea, Clerk and Recorder, Weld County, CO
AMIKI Ki 1I 111
er, Chai/r
Barbara Kirkme
JUN 2 11'3
Q:SEH'C14944 - W('R 44 BRIDGECI.At:SEN'OFFER.Agreement for Purchase.doc
ao/9-a37o
EXHIBIT A
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-3 (EXHIBIT "A")
STA. 12+47.8 Rt. to STA. 12+92.7 Rt.
FROM
Bret and Cheryl Clausen
16794 County Road 44
La Salle, CO 80645
FOR
Project Code: 20826
Project Number: BRO C030 -O70
Weld County Bridge 44/33A Replacement Project
Project Location: WCR 44 just west of WCR 35
4°300769 Pages: 6 of 11
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Carly Koppes, Clerk and Recorder, Weld County, CO
11111 INcilini a 11111
Sheet 1of3
Sheet 2orS
EXHIBIT
PARCEL NUMBER: 3ER: RW-3
PROJECT CUDE: 20826
PROJECT NUMBER: ERG 3030077:3
DATE: August 08, 2018
DESCRIPTION
A tract or parcel of land No, Rt'V-3 of the Cocr:ty of Weld, State of Colorado, Project Code
20826, Project No. BRO CO30 070, containing 0.018 acres, more or less, in the northeast one -
quarter (NE1/4) of Section 23, Township 4 North, Range 56 West, of the 6th Principal
cipal
Meridian, County Weld County, State of Colorado, . also being a part of Lot A, RE 1459, Weld
County Records, described as follows:
COMMENCING at the northeast (NE) corner r of said Section 23;
Thence South 87'34'03" West a distance of 993.13 feet,south to a pein= on the t<- lac-of-Waiy
line of U/CR 44, also being the TRUE POINT OF BEGINNiNG;
I Thence along said ..tooth Right -of -Way l ne, North 89'17'5;7 t anco 07
44.79 feet to a point on the easterly line of said Lot A;
2. Thence along said easterly line, South 51'17'38" West a distance of 55.�4 fecr
3. Thence North 00'42'05'' West a distance of 35.00 foot to the TRUE POINT OF
BEGINNING.
The above described parcel contains 784 sq. ft. or 0.0"18 acres, more e or less.
Basis of Bearings: All bearings are based on the north line of the northeast one -quarter
(^ El/4) of said Section 23 as bearing South 89'17'55' West a distance of 2655.31 feet from
the said northeast corner, an alloy cap PLS 7242. to the north quarter corner, an alloy cap
PLS 38213.
`\i\\\l\\\1u Sl{ if ADO LIC
A-41`Cc') f
-n: 38377
For and on the Behalf ofWeid County
Scott J. Klinker, PLS 38377
12640 West Cedar Drive, Suite F
Lakewood, CO 80228
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII �Urdi" ti'GI�G'I�If�fF��l ��1�1M�■�d Yid 11 11 1
3OrF3
EXHIBIT A
PARCEL NUMBER RAP; -3
PROJECT CODE: 20826
PROJECT NUMBER: EEC C030-070
DATE: August 3. %C; 18
a
WCR 35
WCR 44 (b0' ROW)
S 7
o�
EXHIBIT B
WELD COUNTY
TEMPORARY CONSTRUCTION EASEMENT
TO BE ACQUIRED
Parcel Number: TCE-3 (EXHIBIT "A°)
STA. 11+25.0 Rt. to STA. 12+47.9 Rt.
FROM
Bret and Cheryl Clausen
16794 County Road 44
Cs Salle, CO 80645
FOR
Project Code: 20826
Project Number: BRO C030-070
Weld County Bridge 44/33A Replacement Project
Project Location: WCR 44 just west of WCR 35
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Carly Koppes, Clark and Recorder, Weld County, CO
lii114UrdOlii0hli iiili 'Jl1 i'hii ai4'N rll'k i 111111
Sheet 1 of 3
Sheet 2 o -
EXHIBIT B
PARCEL NUMBER: TCE-3
PROJECT CODE: 20825
PROJECT NUy1BER: 13RO CO30-070
DATE August 08, 2018
DESCRIPTION
A tract or parcel ot land No. 188 of the Leo ',Veld, State et Colorado, Prolect Lode
20826, Project No. PRO 0030 070 containing 0.1'19 acres, more or less, in the nertheast one-
qdarter (NE1/4) of Section 23, Township 4 North, Range 66 West, of the 6th Principal
Meridian, County Weld County, State of Colorado, also belng a part of Lot 1, RE 1459. Weld
County Records. described as follows:
COMMENCING at the northeast (NE) corner o: sae: Section 23'
"thence South -"34'03" Westa distance o'/983.13a pointer, the south R:g ',a_
line of WCR 44, also being the TR(E POINT 07 BEGINNING,
1. Thence nt ' South 00'12 3a. st:an 0 feet to : no:et on h , easterly ly line
of said Lot A;
2. Thence along said easter:y line, South 31'17'28' (Vest a distance of 1'2.18 feat,
3. Thence parallel rv:th sao2, south Rion- ay line, South 89'17'55" West a
distance of _ 13.20 feet:
1. Then:_ North 00°49'5-: West a di tat,.... of 12._0 feet to a point on said sOUttl
Right of Way line;
5. '1'henre aiorg said south ,:,ht -of -Way it :e, North 89'17'5.5' :,sst . c s_ -.floe cf
122.00 feet to the TRUE POINT OF BEGINNING.
The above described parcel contains 5,185 su n r 0.119 acres, more or
Basis of Bearings Ail hearings are based on the north line of the northeast one quarter
1N'E1/4) of said Section 23 as bearing South 89'17'55' West -t distance of 2653.31 feet from
the said northeast corner, an alloy cap 81.5 7242. to the north qaorte, corner, On alloycap
PLS 38213.
.0 3. KVN
'
1�
c
• 38377
DA�tIL LAt e
'r'or and on the Behalf or ..old
Scott j. Klinker, PLS 38377
12640 West Cedar Drive, Suite F
rakes:ood, CO 80226
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII NUT N'li114 liit'VL i % NNW 1�1r4Ylti iI II
INI
EXHIBIT B
PARCEL NUMBER TOE -3
PROJECT CODE: 20826
PROJECT NUMBER: BRO C030-070
DATE: August 8. 2018
\ 'CR 35
WCR 44 (60' ROW)
\
n`F.- 3 CF 3
Colorado Department of Transportation
10601 W. 10th Street
Greeley, CO 80634
Phone: 970-350-2161
Region 4 Right of Way
PTS
Sheet Revisions
Dote
Description
nitials
DINNER PECKHAM JUNCTION FARM LLC
REC. NO. 3895488
PARCEL 10571400059
CCE-1)
CLAUSEN,
BRET & CHERYL
REC. NO. 2322593
PARCEL
1057231000059
TS
LOT D
RECX 15-0172
/00/
SE1/4
SEC. 14
T4N, R66W
Weld County
Public Works Department
P.O. Box 758
Greeley, CO 80632-0758
Phone: (970) 356-4000
Fox- (970) 304-6497
WELD COUNTY ROAD 44
R W-3)
CARLSON, VIOLET
JUNE & CLARENCE A.
REC. NO. 1814799
PARCEL 105723100006
CTCE-)
CARLSON, VIOLET
JUNE & CLARENCE A.
REC. NO. 1814799
PARCEL 105723100004
NE1/4
SEC. 23
T4N, R66W
i
SEH
LOT A
RE 850
l
Short Elliott Hendrickson, Inc.
Address: 12640 West Cedar Drive,
Suite F
Lakewood, Colorado 80228-2029
Phone: (303)586-5800
sehinc. corn
Right of Way Plans
Ownership Sheet
Project Number: BRO C030-070
Project Location: WELD COUNTY ROAD 44
Project Code.
19744
Lost Mod. Date] Subset
08--01-18 1 6.01 of 6.01
Sheet No
_ 6.01
LU
co
WELD COUNTY ROAD
Total Sheets
8 of 8
Contract Form
Entity Name*
CLAUSEN, BRET
Contract Name*
Entity ID •
444919
❑ New Entity?
Contract ID
AGREEEMENT FOR THE PURCHASE OF ROW AND TEMP 2759
CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO
BRIDGE 44/33A
Contract Status
CTB REVIEW
Contract Lead*
CPARROTT
Contract Lead Email
cparr co.weld.co us
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-33
Contract Description
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY BY WARRANTY DEED AND TEMPORARY
CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO BRIDGE ON WCR 44 BETWEEN BRET CLAUSEN AND
CHERYL CLAUSEN AND WELD COUNTY, COLORADO
Contract Description 2
Contract Type*
AGREEMENT
Amount*
350.00
NO
Automatic Renewal
NO
Grant
Departen€
PUBLIC WORKS
nt Email
CM-
PublicWorks@weldggov.com
ar nt H .ti Email
CM-PublicCM-PublicWorks-
DeptHeadameldgpv.com
County Attorney
BOB CHOATE
Requested BOCC Agenda
Date*
06/05,2019
Due Date
46/01/2019
VAll a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
County Attorney Email
BCHOATE@ CO.W ELD. CO. US
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
Review Date*
05105/2020
C ie�a1)
Renewal Date
Expiration Date'
06/45'2020
Contact Info
Contact Name
Por
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
06/012019
Final Approval
BOCC Approved
YES
BOCC Signed Date
D6124/2019
BOCC Agenda Date
06/24/2019
Originator
CPARROTT
Contact Type Contact Email
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approver L nsel
BARB CONNOLLY KARIN MCDOUGAL
Finance Approved Date
06/11/2019
Tyler Ref
RECORDING
Counsel Approved Date
712019
Submit
MEMORANDUM
TO: Esther Gesick, CTB DATE: July 18, 2019
FROM: Cameron Parrott, P.E., Public Works
SUBJECT: Acceptance of Clausen Warranty Deed for Public
Highway Right -of -Way for the Bridge 44/33A Replacement
Project
Please place the attached Warranty Deed and acceptance form on the next available
BOCC Consent Agenda.
The original contract ID # for the Clausen agreement was 2759 and the docket number
was 2019-2370.
LiztALso,,
Page 1 of I
cc Pew(CP)
O9 (O5/ I `1
CPO)
M:\ —Active Projects\Bndge 44-33A\Design \ROW\Clausen\Clausen Deed Acceptance Memo to CTB 07-18-19_docx
ECsoc571,
WARRANTY DEED
THIS DEED made this / 2 day of , 20 /1, between Bret Clausen
and Cheryl Clausen, of the County of Weld, Sta e 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: 16794 County Road 44, La Salle, CO 80645.
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.
Q:\SEH\C149#4 - WCR 44 BRIDGE\CLAUSEN\OFFER\Warranty Deed.doc
2 / 9- 02 6-7O
IN WITNESS THEREOF the grantor has executed this deed on the date set forth above.
Grantor: Bret Clausen and Cheryl Clausen
00-444.--V1/4—)
l
Bret Clausen
State of Colorado )
)ss.
County of
Cheryl Claus€n
The foregoing instrument was acknowledged before me this /2 day of
.1,., , 20 J1 , by Bret Clausen and Cheryl Clausen, Grantor.
MITCHELL GLENN HAUFF
Notary Public
State of Colorado
Notary ID # 20144016002
My Commission Expires 0416-2022
My commission expires:
.7 /6, zOa2
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Carly Koppel, Clerk and Recorder, Weld County, Co
11111�CAI.1� � \Yid 1I II 1
Witness my hand and official seal.
f,r
Notary P�tCr
Q:\SEH\C149#4 - WCR 44 BRIDGE\CLAUSEN\OFFER\Warranty Deed.doc
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 9 '1 day of
ATTEST: e&:,.44.:44",)
CLERK TO THE BOARD OF
COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
BY
L
D_f.uty Clerkthe B
STATE OF COLORADO )
)ss
COUNTY OF WELD )
,2019.
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
Barbara Kirkmeer, Chair
BOARD OF COUNTY
COMMISSIONER
OF THE COUNTY OF WELD
/
The foregoing instrument was acknowledged before me this_�� ay of
2019, by Barbara Kirkmeyer, BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
My commission expires: /01.,4
g/4,2pp
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Carly Koppel, Clark and Recorder, Weld County, CO
111 11� tI���{lii�� �li�� � i �iA IM 11111
1:I NOTARYPUBLIC AN O
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
020[9-'2310
EXHIBIT A
WELD COUNTY
REAL PROPERTY
TO BE ACQUIRED
Parcel Number: RW-3 (EXHIBIT "A")
STA. 12+47.8 Rt to STA. 12+92.7 Rt
FROM
Bret and Cheryl Clausen
16794 County Road 44
La Salle, CO 80645
FOR
Project Code: 20826
Project Number: BRO C030-070
Weld County Bridge 44/33A Replacement Project
Project Location: WCR 44 just west of WCR 35
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Carly Koppel, Clerk and Reoorder, Weld County, CO
II III
Sheet 1 of 3
Sheet 2 of 3
EXHIBIT "A"
PARCEL NUMBER: RW-3
PROJECT CODE: 20826
PROJECT NUMBER: BRO C030-070
DATE: August 08, 2018
DESCRIPTION
A tract or parcel of land No. RW-3 of the County of Weld, State of Colorado, Project Code
20826, Project No. BRO CO30-070, containing 0.018 acres, more or less, in the northeast one -
quarter (NE1/4) of Section 23, Township 4 North, Range 66 West, of the 6th Principal
Meridian, County Weld County, State of Colorado, also being a part of Lot A, RE 1459, Weld
County Records, described as follows:
COMMENCING at the northeast (NE) corner of said Section 23;
Thence South 87°34'O3" West a distance of 993.13 feet, to a point on the south Right -of -Way
line of WCR 44, also being the TRUE POINT OF BEGINNING;
1. Thence along said south Right -of -Way line, North 89°17'55" East a distance of
44.79 feet to a point on the easterly line of said Lot A;
2. Thence along said easterly line, South 51°17'38" West a distance of 56.84 feet;
3. Thence North 00°42'05" West a distance of 35.00 feet to the TRUE POINT OF
BEGINNING.
The above described parcel contains 784 sq. ft. or 0,018 acres, more or less.
Basis of Bearings: All bearings are based on the north line of the northeast one -quarter
(NE1/4) of said Section 23 as bearing South 89°17'55" West a distance of 2655.31 feet from
the said northeast corner, an alloy cap PLS 7242, to the north quarter corner, an alloy cap
PLS 38213.
thl)0LICc �r
- : 38377
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For and on the Behalf of Weld County
Scott J. Klinker, PLS 38377
12640 West Cedar Drive, Suite F
Lakewood, CO 80228
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Carly Kodoes, Clerk and Reoorder, Weld County, CO
"III
SHEET 3 OF 3
EXHIBIT A
PARCEL NUMBER RW-3
PROJECT CODE: 20826
PROJECT NUMBER: BRO C030-070
DATE: August 8, 2018
WCR 35
WCR 44 (60' ROW)
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