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Home My WebLink About20191458.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 34 AND 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BRETT AND BARBARA RATNER 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 and Temporary Construction Easement for Certain Improvements to Intersection at County Roads 34 and 13 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 Brett and Barbara Ratner, 5879 County Road 13, Platteville, Colorado 80651, 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 and Temporary Construction Easement for Certain Improvements to Intersection at County Roads 34 and 13 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 Brett and Barbara Ratner, 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.PW (T 31€2-104 cc c dc.0' y►zq/tq 2019-1458 EG0076 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION AT COUNTY ROADS 34 AND 13 — BRETT AND BARBARA RATNER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of April, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WF D COUNTY, CO •RADO ATTEST: da, f jele4; e1 Weld County Clerk to the Board Barbara Kirkmeyer Chair Mike Freeman, Pro- em BY: Deputy Cle to the Boar APP DAS T K. James ounty • t orney Steve Moreno Date of signature: 4-25-19 2019-1458 EG0076 wit S MEMORANDUM TO: Clerk to the Board DATE: April 10, 2019 FROM: Tiffane Johnson, Public Works Dept. SUBJECT: Agreement for Purchase of Purchase of Property for Public Road Improvements RE: Brett A. Rather and Barbara A. Ratner- Weld County Road 34 and 13 Improvement Project Please accept this Agreement for Purchase of Certain Property for Public Road Improvements Between Brett A. Ratner and Barbara A. Ratner and Weld County for necessary improvements to the CR 34/13 Intersection. 2019-1458 &20©-1 c0 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN BRETT A. RATNER AND BARBARA A. RATNER AND WELD COUNTY, COLORADO rit THIS AGREEMENT is made this day of , 2019, by and between BRETT A. RATNER AND BARBARA A. RATNER, wh se is 5879 Weld County Road 13, Platteville, CO 80651, hereinafter collectively referred to as "Owner," and WELD COUNTY, 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." WHEREAS, Owner owns a parcel of real property containing the property described in the attached Exhibit A (hereinafter referred to as ("Right -of -Way" or ROW), and property described in the attached Exhibit B ("Temporary Construction Easement" or TCE), which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 13 and Weld County Road 34, which will include widening the roadway for the addition of turn lane and replacement of two bridges with a concrete box culvert (hereinafter referred to as the "Project"), and WHEREAS, Owner wishes to cooperate with County in completing the Project. NOW, THEREFORE, the parties herein agree as follows: EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this Agreement. Exhibit A — Description, Depiction, and Form of ROW. Exhibit B — Description, Depiction, and Form of TCE. II. COMPENSATION: PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Twenty -Six Thousand Five Hundred Ninety Dollars, ($26,590.000). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. a. Owner agrees to sell and County agrees to purchase at closing the Public Road Right -of -Way described and depicted on Exhibit A for the sum of Fourteen Thousand, Seven Hundred Sixty Dollars, ($14,760.00). 4482181 Pages: 1 of 12 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 1��11:174P�'�l 'Q�ti+:P;� I�Kh�.h�kY�Y 4I�JhY4�l� 11111 OZ0/9- /461 Page 2 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN BRETT A RATNER AND BARBARA A. RATNER AND WELD COUNTY, COLORADO b. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit C for the sum of Two Thousand, Two Hundred Thirty -Two Dollars, ($2,232.00). c. County agrees to pay Owner Four Thousand Dollars, ($4,000.00) for preparation of a Survey Plat to be prepared after closing to identify new property boundary. Landowner shall record plat upon completion. d. County agrees to compensate landowner Five Hundred Dollars, ($500.00) for administrative fees. e. County agrees to pay Owner Five Thousand Ninety -Eight Dollars $(5,098.00) as a signing incentive. 2. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. [II. PUBLIC ROAD RIGHT(S)-OF-WAY 1. Owner agrees to grant the Public Road Right -of -Way to the County by Deed of Dedication as provided in Exhibit A. 2. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right -of - Way to County at the date of closing which shall be no later than thirty (30) days following mutual execution of this Agreement. The dedication shall not be valid until accepted and approved by the Board of County Commissioners and signed by the Chair or other person delegated authority to sign on behalf of the Board. 3. Owner shall retain the mineral estate and any water rights currently attached to or associated with the Property, if any exists. IV. TEMPORARY CONSTRUCTION EASEMENT(S) 1. Owner hereby grants a Temporary Construction Easement (TCE) to the County covering all property described and depicted in, and subject to the terms provided in, Exhibit B. 2. Owner shall not interfere with County's authorized use of the TCE during the term of the TCE. V. CLOSING 1. County shall not be liable for any encumbrance associated with the Property prior to the date of closing. Owner shall pay any encumbrance associated with the Public Road Right - of -Way and the Temporary Construction Easement which is required to be paid, including, 4482181 Pages: 2 of 12 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 I rJraKVi'I0ttihii inliWINVOI P6tiM lid 11111 Page 3 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN BRETT A. RATNER AND BARBARA A. RATNER AND WELD COUNTY, COLORADO 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 Deed of Dedication 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 Public Road Right -of -Way and Temporary Construction Easement. 2. County shall at closing pay for the cost of obtaining title insurance if County elects to obtain title insurance for the Property. 3. County shall at closing pay all fees associated with recording this Agreement, the Temporary Construction Easement, and/or the Deed of Dedication. VI. MISCELLANEOUS: 1. 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. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. 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. 4. 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. 5. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. No oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included 4482181 Pages: 3 of 12 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Page 4 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN BRETT A. RATNER AND BARBARA A. RATNER AND WELD COUNTY, COLORADO 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 the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 7. 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. VII. ADDITIONAL RESPONSIBILITIES: 1. County will remove and replace all fencing impacted by the project at County's sole expense. County agrees all new fencing will be of the same like, type and quality of existing fencing. 2. County will coordinate with Owner the type and installation of temporary construction fencing. Temporary fencing must be able to contain livestock. 3. County agrees to allow Owner to coordinate with fencing company to salvage fencing material removed and or relocated outside of the areas described in Exhibits A and B. 4482181 Pages: 4 of 12 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii l IrjRIti�K4i�4i �11��4�I �I �MIIG��y i�+��Yi�h 11111 Page 5 of 5 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN BRETT A. RATTIER AND BARBARA A. RATNER AND WELD COUNTY, COLORADO written. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above OWNER: Brett A. Ratner OWNER: ik A Barbara A. Rather ATTEST- djdrAtAi G: Jto•t,C, BOARD OF COUNTY COMMISSIONERS Weld ' oup Cl - rlc to ; - and WELD COUNTY, C a ORADO BY: Deputy Cl k to the :'; r'. ((�. Barbara Kirkmeyer Chair 4482181 Pages: 5 of 12 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII Rijn B111 APR 1 5 2019 0&/9-/1-61 EXHIBIT -A RIGHT-OF-WAY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF AMENDED RECORDED EXEMPTION NO. 1207-12-04 1AMRECX18-16-0121 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4430949 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 68 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SECTION 12 AS BEARING NORTH 00'28'21" WEST, A DISTANCE OF 2649.71 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 68 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 0028'21" WEST A DISTANCE OF 49.11 FEET; THENCE DEPARTING SAID EAST UNE SOUTH 89'31'39" WEST A DISTANCE OF 50.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 13 AND ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 34 AS DESCRIBED IN THAT PLAT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1555922 SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE ALONG SAID NORTH RIGHT-OF-WAY UNE SOUTH 88'30'03" WEST A DISTANCE OF 92.46 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 19'44'45" EAST A DISTANCE OF 215.40 FEET; THENCE NORTH 0028'21" WEST A DISTANCE OF 387.58 FEET TO A POINT ON THE SOUTHERLY UNE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4430957; THENCE ALONG SAID SOUTHERLY LINE NORTH 89'05'13" EAST A DISTANCE OF 18.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 13; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 0028'21" EAST A DISTANCE OF 588.18 FEET TO THE JRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 18,063.59 V. OR 0.41 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 RW-2 RATNER WELD COUNTY, COLORADO 4482181 Pages: 6 of 12 04/18/2019 02:11 P11 R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO "Ill WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE:10-09-18 DRAWN BY: DRH SHEET: 1 of 2 EXHIBIT -A MARQUARDT E 1/4 COR. S12—T3N—R68W #6 RBR. IN MON. BOX SIMMERING & MONTGOMERY RECP.114430957 ROAD DEDICATION PLAT 50.00' ROW OCT 09, 1970 REC#1555922 ac,l v. I <1N$ al Lae p :N V1ro0 0,P4 I <1O 0012 Z room. • . • SE ,'.4 SI2 T3;A-R680, RATNER RECP.#4434910 LOT-8/RECX18-16-0121 RECP.#4430949 LINE TABLE LINE BEARING DISTANCE Lt 1400'28'21°W 49.11' L2 S89'31'39"W 50.00' L3 S88'30'03"W 92.46' L4 N89 -05'13"E 18.00' ROAD DEDICATION PLAT 50.00' ROW OCT 09, 1970 REC#15559221 S88'30'03'_W-- 2676.01' S 1/4 COR. S12-T3N-R68W 2.5"ALUM. CAP ON #6 RBR. STAMPED GREENHORN & O'MARA INC. BDTROW1e PLS#28656 (1993) IN MON. BOX RD -'8K. 2, PG 225 RD10D/Be . SPA[ -IN 18' RW-2 PROPOSED ROW 18,063.59 sf.± PROPOSED ROW -1 0.41 ac.± CO 00 , , II _16 IPI W 5074 N , 0. lib 21 LII) 8 ' / I Ni e4. ' a a //" ry /+ 50' 301 /-... 1 i • . • .:• • L3 POC SE COR. S12-T3N-R68 2" ALUM. CAP ON #6 RBR. ILLEG. IN MON. BOX 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. WELD COUNTY DEPARTMENT OF PUBLIC WORKS RIGHT OF WAY ACQUISITION RW-2 RATNER WELD COUNTY, COLORADO cMo_ U N T 4482181 Pages: 7 of 12 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� kirdIviltMai 'liT IVNI:10I'Arkli Y4 III III I s L1' 60' ROW OCT. 6, 1875 RD-BK 2, PG 31 RD100/41 NEW DAY/SUNRISE LLC WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: 1"----150 DATE:10-09-18fDRAWN BY: DRII SHEET: 2 oft DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this day of , 2019, between Brett A. Ratner and Barbara A. Ratner, whose address is 5879 Weld County Road 13, Platteville, CO 80651 (referred to herein as "Grantor", whether one or more), and the County of 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: WITNES SETH: 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 A. 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. GRANTORS: Brett A. Ratner Barbara A. Ratner 2 U a U mm N O V T-5 LL O co cr va ro Yw, Y ,v~ L m aMI° CO▪ NY` N°• r° ate_ STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by Witness my hand and official seal. Notary Public ACCEPTANCE 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. §43-2-20l(1)(a). Dated this day of , 2019. Chair, Board of County Commissioners *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2-201(1) (a). EXHIBIT -B TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF AMENDED RECORDED EXEMPTION NO. 1207-12-04 1AMRECX18-16-0121 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4430949 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 68 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SECTION 12 AS BEARING NORTH 00'28'21" WEST, A DISTANCE OF 2649.71 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 68 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 00'28'21" WEST A DISTANCE OF 47.46 FEET; THENCE DEPARTING SAID EAST UNE SOUTH 89'31'39" WEST A DISTANCE OF 142.45 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 34 AS DESCRIBED IN THAT PLAT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1555922 SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 88'30'03" WEST A DISTANCE OF 662.48 FEET TO A POINT ON THE WESTERLY LINE OF LOT -A OF SAID AMRECX18-16-0121; THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID WESTERLY UNE NORTH 01'58'00" WEST A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID WESTERLY LINE NORTH 88'30'03" EAST A DISTANCE OF 90.15 FEET; THENCE NORTH 01'29'57" WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 88'30'03" EAST A DISTANCE OF 50.00 FEET; THENCE SOUTH 01'29'57" EAST A DISTANCE OF 15.00 FEET; THENCE NORTH 88'30'03" EAST A DISTANCE OF 515.57 FEET; THENCE NORTH 19'44'45" EAST A DISTANCE OF 206.78 FEET; THENCE NORTH 00'28'21" WEST A DISTANCE OF 385.72 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4430957; THENCE ALONG SAID SOUTHERLY LINE NORTH 89'05'13" EAST A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID SOUTHERLY UNE SOUTH 00'28'21" EAST A DISTANCE OF 387.58 FEET; THENCE SOUTH 19'44'45" WEST A DISTANCE OF 215.40 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 13,318.45 sf. OR 0.31 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 TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-2 RATNER WELD COUNTY, COLORADO 4482181 Pages: 9 of 12 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII �Urj!'atP�'�hi+�L h��'NLlahtil�GM��1w �'�k'�WiY�h 1I II 1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE:10-09-181DRAWN BY: DUI SHEET: 1 of 2 EXHIBIT -B MARQUARDT E 1/4 COR, S12-T3N-R68W #6 RBR. IN MON. BOX SIMMERING & MONTGOMERY RECD.#4430957 ROAD DEDICATION PLAT 50.00' ROW OCT 09, 1970 REC#1555922-. SA, /AI S12-TJN-R686f' 1 L6 588'30'03"W 2676.01' RATNER RF.CP.#4434910 LOT-B/RECX18-16-0121 RECP.#4430949 LINE TABLE LINE BEARING DISTANCE L1 NO0'28'21 "W 47.46' L2 S89'31'39"W 142.45' L3 NO1'58'00"W 10.00' L4 N88'30'03"E 90.15' L5 N01'29'57"W 15.00' L6 N88'30'03"E 50.00' L7 S01'29'57"E 15.00' L8 N89'05'13'E 10.00' ROAD DEDICATION PLAT 50.00' ROW OCT 09. 1970 REC#1555922- „� �� - .. - • 18' ICE -7 PROPOSED TCE 13,318.45 sf.± 0.31 ac.± N00'28'21 "W 60' ROW OCT. 6, 1875 RD—BK 2, PG 31 P0100/41 NEW DAY/SUNRISE LLC ^42 eo. O .' 1 'v ^J 1 1 .4J N ' a 41 i 50' 30 10' ar I I 1 m 2 oil 1 N88'30'03"E 515.57' h L2 L. ic,,,,.... ,..,.., 588'30'03"W 662.48' / L1 WC R.34 S 1/4 COR. S12-T3N-R68W SPAHNJ 2.5"ALUM. CAP ON #6 RBR. STAMPED GREENHORN & O'MARA INC. 60' ROW ' PLS#28656 (1993) IN MON. BOX RD-e1'c28PG 225 Ro100/86 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. --- minlIMIF .1 MO TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-2 RATNER WEED COUNTY, COLORADO 4482181 Pages: 10 of 12 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO P.#3a kllliil1MT1CIIlA.roW KIP 1: 4O I D 14 III II POC SE COR. 512-T3N-R68W 2" ALUM. CAP ON #6 RBR. ILLEG. IN MON. BOX / NIP AO 1111.1110 1 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO; SRP-31 SCALE. 1"=150 DATE:l0-09-18'DRAWN BY: DIM SHEET: 2 of 2 GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Brett A. Ratner and Barbara A. Ratner, whose address is 5879 Weld County Road 13, Platteville, CO 80651 (referred to herein as "Owner", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNES SETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto County a Temporary Construction Easement, covering 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 B. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. County agrees that any current access to the property from the Right -of -Way shall remain open throughout the term of the TCE. 5. 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 A 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 inc � ental to County's temporary reasonable and proper use of said easement. GRANT By: Br A. Ratner � A.- l By: Barb ra A. Ratner Barbara A. Ratner 4482181 Pages: 11 of 12 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO GO771 MARQ U A pjjrI' SIMMERING & MONIGOMERY SE 1/4 S12-13N-R68W NE 1/4 S13-T3N-R68W SPAS f" i i 4482181 Pages: 12 of 12 04/18/2019 02:11 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County, CO MildrItkj Jill MEMORANDUM TO: Clerk to the Board DATE: May 10, 2019 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: CONSENT AGENDA Acceptance of Deed of Dedication RE: RW-2 FOR CR 13/34 Intersection Improvement Project (SRP-31) DOC: #2011/1459 CONTRACT ID: #2587 Acceptance of a Deed of Dedication from: BRETT A. RANTER AND BARBRA A. RATNER Cam, Al)(ri-frtG) 02e0/9--//740 ��bO7, DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made th•is 4fday of Q fI , 2019, between Brett A. Ratner and Barbara A. Ratner, whose address is 5879 Weld County ' oad 13, Platteville, CO 80651 (referred to herein as "Grantor", whether one or more), and the County of 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 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 A. 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. V 57 0 Uaf Devi 83 ` - W -o o (Vs Ar u- O gCe ters ammo V ‘;'a� ,iNo ". QO�Y� Brett A. Ratner Barbara A. Ratner STATE OF COLORADO ) ss. Jacqueline Hernandez -Barrow BLIC ESTATE OF �ORA�DO MY COMMISSION RY 'E D T 122021 COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of gretk C aat-hev pnc1 66cvloav6t Witness my hand and official seal. , 2019, by C&"A-1- ACCEPTANCE 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-ofr3JVay) pursuant to C. . §43-2-201(1)(a). jp Dated this0 day of air, Board of Courl►ty Commissie ers *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant to C.R.S. 43-2-201(1)(a). cW/9_ /4L58' EXHIBIT -A RIGHT-OF-WAY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF AMENDED RECORDED EXEMPTION NO. 1207-12-04 1AMRECX18-16-0121 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4430949 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 68 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SECTION 12 AS BEARING NORTH 0028'21" WEST, A DISTANCE OF 2649.71 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 68 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 0028'21" WEST A DISTANCE OF 49.11 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'31'39" WEST A DISTANCE OF 50.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 13 AND ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 34 AS DESCRIBED IN THAT PLAT FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1555922 SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 88'30'03" WEST A DISTANCE OF 92.46 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 19'44'45" EAST A DISTANCE OF 215.40 FEET; THENCE NORTH 00'28'21" WEST A DISTANCE OF 387.58 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4430957; THENCE ALONG SAID SOUTHERLY LINE NORTH 89'05'13" EAST A DISTANCE OF 18.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 13; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 0078'21" EAST A DISTANCE OF 588.18 FEET TO THE JRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 18,063.59 sf. OR 0.41 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 4491813 Pages: 2 of 3 05/24/2019 11:07 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO NrdraltrielfilligliiirN RIGHT OF WAY ACQUISITION RW-2 RATNER WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE:10-09-18 DRAWN BY: DRH SHEET: 1 of2 SE 1/4 S12-T3N-R68W EXHIBIT -A MARQUARDT SIMMERING & MONTGOMERY RECP.#4430957 RATNER RECP.#4434910 LOT-B/RECX18-16-0121 RECP.#4430949 UNE TABLE UNE BEARING DISTANCE L1 NO0'28'21 "W 49.11' L2 S89'31'39"W 50.00' L3 S88'30'03"W 92.46' L4 N89'05'13"E 18.00' ROAD DEDICATION PLAT 50.00' ROW OCT 09, 1970 RECI1555922- S 1/4 COR. S12-T3N-R68W 2.5"ALUM. CAP ON #6 RBR. STAMPED GREENHORN & O'MARA INC PLS#28656 (1993) IN MON. BOX SPAI-HN E 1/4 COR. S12-T3N-R68W #6 RBR. IN MON. BOX ROAD DEDICATION PLAT 50.00' ROW OCT 09, 1970 REC#1555922-. POC SE COR. S12—T3N—R68W so' Rawer 2" ALUM. CAP ON #6 RBR. • OCT. 7.1878 ILLEG. IN MON. BOX RD -8X 2, PG 225 RD100/86 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 RATNER WELD COUNTY, COLORADO 4491813 Pages: 3 of 3 05/24/2019 11:07 All R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO GC 60' ROW OCT. 6, 1875 RD—BK 2, PG 31 RD100/41 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 'SCALE: 1"--=150 DATE:10-09-18 DRAWN BY: DRH SHEET: 2 of 2 Hello