HomeMy WebLinkAbout20191788RESOLUTION
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 - MOLLY ELLIOTT
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 the 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 Molly Elliott, 15871 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 the 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
Molly Elliott, 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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2019-1788
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 - MOLLY ELLIOTT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO •RADO
ATTEST: q.ttis) ;e1
Weld County Clerk to the Board
BY: R9. -LA
Deputy ClerkLfo the Board
APP' = a AS
orney
Date of signature: 5-IL4-IQ
arbara Kirkmeyer, Chair
,e,c_d (NAY)
(AYE)
Mike Freeman, Pro-Tem
can P Conway
Steve Moreno
3 (AYE)
(AYE)
(AYE)
2019-1788
EG0076
44-1
M F:MORANDU
TO: Clerk to the Board
DATE: May 3, 2019
FROM: Tiffane Johnson, Public Works Dept.
SUBJECT: Agreement for Purchase of Purchase
of Property for Public Road Improvements (ROW
TCE)
RE: Molly Elliott — Weld County Road 34 and 13 Improvement Project
Please accept this Agreement for Purchase of Certain Property for Public Road Improvements
between Molly Elliott and Weld County for necessary improvements to the CR 34/13
Intersection.
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2019-1788
LZ007L2
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD
IMPROVEMENTS BETWEEN MOLLY ELLIOTT
AND WELD COUNTY, COLORADO
14-
THIS AGREEMENT is made this _ day of / 019, by and between MOLLY
ELLIOTT, whose address is 15871 Weld County Road 13, atteville, 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:
I. 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 Sixty-six
Thousand, Two Hundred Fifty Dollars, ($66,250.00). 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 Seven
Thousand, Nine Hundred Twenty Dollars, ($7,920.00).
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,
Three Hundred Four Dollars, ($2,304.00).
4838-9874-5748.2
c20 /71?
Page 2 of 5
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BL I'WEEN MOLLY
ELLIOTT AND WELD COUNTY, COLORADO
c. County agrees to pay Owner Thirteen Thousand, Eight Hundred Four Dollars
($13,804.00) for damages to landscaping including trees, shrubs and lawn that
may be impacted by construction.
d. County agrees to pay Owner Fourteen Thousand Dollars ($14,000.00) for the
purchase of a 200+/- square foot storage shed with windows to mitigate Owners
concerns about stress to animals located in rooms adjacent to the construction
areas.
e. County agrees to pay Owner Five Thousand Dollars ($5,000.00) as an
administrative fee for overseeing the removal and replacement of the fencing
within the horse corrals.
f. County agrees to pay owner a signing incentive of Six Thousand, Nine Hundred
Seventy-two Dollars, ($6,972.00) provided agreement is executed and returned
to County by April 30, 2019.
g. County agrees to pay owner Sixteen Thousand, Two Hundred Fifty Dollars
($16,250.00) as a cost to cure for a security and privacy fence to be constructed
by Owner along the eastern border of Owner's property in front of her residence
(approximately 130 linear feet) in addition to the County's agreement to install
fencing under section VII.1 below.
2. The parties acknowledge and agree that said purchase price represents full, fair and
valuable consideration.
III. 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.
4838-9874-5748.2
Page 3 of 5
AGREEMENT FOR'1'HE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN MOLLY
ELLIOTT AND WELD COUNTY, COLORADO
2. Owner shall not interfere with County's authorized use of the TCE during the term of the
TCE.
CLOSING
1. Closing shall occur at a location to be selected by the County and a time to be mutually
agreed upon by the Parties, but no later than thirty (30) days following execution of this
Agreement.
2. 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,
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.
3. County shall at closing pay for the cost of obtaining title insurance if County elects to
obtain title insurance for the Property.
4. County shall at closing pay all fees associated with recording the Temporary Construction
Easement, and/or the Deed of Dedication. This Agreement will not be recorded in the
County's real property records.
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
4838-9874-5748.2
Page 4 of 5
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN MOLLY
ELLIOTT AND WELD COUNTY, COLORADO
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
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. Owner agrees all fencing to be removed and relocated will occur in two phases. The first
phase may begin as early as April 30, 2019, which will be coordination with landowner
for the installation of temporary fencing within the TCE described in Exhibit B. The
second phase of fencing will occur after the road construction project is complete to install
the permanent fencing. Permanent fencing will be installed on the new property line and
is the Owner's responsibility to maintain after installation is complete.
3. County agrees to fence an area adjacent to the residence around the yard with a woven wire
fence to contain Owner's dogs.
4. Owner requires all fencing to be constructed adjacent to horse corrals to be welded pipe
horse panels by Crow Valley Panels or similar type with approval by Owner. Owner agrees
during the term of the Temporary Construction Easement the panels may be installed with
wooden support posts and clips, but permanent fencing will be metal posts and welded pipe
horse panels.
4838-9874-5748.2
Page 5 of 5
AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY
FOR PUBLIC ROAD IMPROVEMENTS BETWEEN MOLLY
ELLIOTT AND WELD COUNTY, COLORADO
5. Owner agrees fence panels used to construct the temporary fencing may be relocated and
used to construct the permanent fence. Panels used for the permanent fence must be welded
on steel posts.
6. County agrees to fill and compact all holes left from removal of temporary wooden fence
posts and to restore any disturbed portion of Owner's property to as close to the same
condition as is reasonably possible that the property was in prior to construction of the
Project.
7. In the event of an emergency during construction of the project, County agrees to grant
Owner access across County's parcel to the north if, Owner's existing driveway is
impassable or obstructed. County will install a gate on the north fence line to allow
emergency access. At County's discretion and with Owner's cooperation, the gate may be
removed after completion of the project.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
ATTEST:
Weld s n Clerk to the
BY:
Deputy Cl rk to the Bo
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CQLORADO
arbara KirkmeyeChair
MAY 0 S 21119
4838-9874-5748.2
ao/9-/71
EXHIBIT -A
RICH T -OF- WAY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 13, TOWNSHIP 3 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD. STATE OF COLORADO, SAID PARCEL
BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. 1207-13-1-RE1217 (RE -1217) FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2200388 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PART OF LOT -A OF SAID RE -1217 BEING DESCRIBED AS, THE WEST 10.00 FEET
OF THE EAST 40.00 FEET OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 13.
SAID PARCEL CONTAINS 4,666.90 sf. OR 0.11 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY,
COLORADO.
DANIEL R. HOLMES
PIS 38213
RIGHT OF WAY
ACQUISITION
ELLIOTT
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
SCALE:
DATE:10-05-18IDRAWN BY: DRHISHEET: 1 of 2
EXHIBIT -A
ld
a
PL
SPAIN
NE COR. S13-T3N-R68W _
2" ALUM. CAP ON #6 RBR.
ILLEG. IN MON. BOX
Pt. PL
RW-11
PROPOSED ROW
4,666.90 sf.±/0.11 ac.±
MOLLY ANN ELLIOTT
PARC.# 120713000084
RECP.#3223512
LOT-A/RE--1217
RECP.#2200388
id
KERBS
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
RW-11
ELLIOTT
WELD COUNTY, COLORADO
10'
idld
M'
I(X
I ---ed 140'
3O'
60' ROW OCT. 6, 1875
RD-BK 2, PG 31
RD100/41
E1/4 COR.
S13-TON-R68W
2"ALUM. CAP ON #6
RBR. STAMPED
HASCALL PLS#23500
(1996) IN MON. BOX _
GOUNT._Y
POC
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
SCALE: P=100
DATE:10-05-18
DRAWN BY. DRHISHEET: 2 of 2
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this_ day of , 2019, between Molly Elliott (referred to herein
as "Grantor", whether one or more), whose address is 15871 Weld County Road 13, Platteville,
CO, 80651, 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.
GRANTOR:
Molly Elliott
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of , 2019, by
Larry K. Carmichael and Wendy R. Carmichael.
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.
§43-2-201(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
NE 1/4 S13-T3N-R68W
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 13, TOWNSHIP 3 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL
BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. 12O7-13-1-RE1217 (RE -1217) FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2200388 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 68 WEST,
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID NORTHEAST
ONE -QUARTER OF SECTION 13 AS BEARING SOUTH OO'17'O8" EAST, A DISTANCE OF 2663.20 FEET TO THE
EAST ONE -QUARTER CORNER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 68 WEST, ALSO DESCRIBED AS
SHOWN;
THENCE ALONG THE EAST LINE OF SAID NORTHEAST ONE -QUARTER SOUTH OO'17'O8" EAST A DISTANCE OF
943.84 FEET TO THE SOUTHEAST CORNER OF SAID LOT -A OF RE -1217;
THENCE ALONG SAID SOUTH LINE SOUTH 89'42'37" WEST A DISTANCE OF 40.00 FEET TO THE TRUE POINT
OF BEGINNING.
THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89'42'37" WEST A DISTANCE OF 10.00 FEET;
THENCE DEPARTING SAID LINE NORTH OO'17'O8" WEST A DISTANCE OF 180.88 FEET;
THENCE SOUTH 89'42'52" WEST A DISTANCE OF 40.00 FEET;
THENCE NORTH OO'17'O8" WEST A DISTANCE OF 50.00 FEET;
THENCE NORTH 89'42'52" EAST A DISTANCE OF 40.00 FEET;
THENCE NORTH OO'17'O8" WEST A DISTANCE OF 225.81 FEET;
THENCE SOUTH 89'42'37" WEST A DISTANCE OF 8.00 FEET;
THENCE NORTH OO'17'O8" WEST A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE OF SAID
LOT -A;
THENCE ALONG SAID NORTH LINE NORTH 89'42'37" EAST A DISTANCE OF 18.00 FEET;
THENCE DEPARTING SAID LINE SOUTH OO97'O8" EAST A DISTANCE OF 486.69 FEET TO THE TRUE POINT OF
BEGINNING,
SAID PARCEL CONTAINS 6,746.90 sf. OR 0.16 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-11
ELLIOTT
WELD COUNTY, COLORADO
NTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-3l
SCALE:
DATE:1O-O5-18f DRAWN BY: DRH(SHEET: I oft
EXHIBIT -B
SPAIIN
NE COR. S13-T3N-R68W _
2" ALUM. CAP ON #6 RBR.
ILLEG. IN MON. BOX
L8
i
NE 1/4
SI3-T3..L'-R68W
MOLLY ANN ELLIOTT
PARC.# 120713000084
RECP.#3223512
LOT-A/RE-1217
RECP.#2200388
TCE-11
PROPOSED TCE
6,746.90 sf.±
0.16 ac.±
LINE TABLE
UNE
BEARING
DISTANCE
Ll
S89 -42'37"W
40.00'
L2
S89'42'37"W
10.00'
L3
S89'42'52'W
40.00'
14
NOO'1748"W
50.00'
L5
N89'42'52"E
40.00'
L6
S89 -42'37"W
8.00'
L7
N0017'08"W
10.00'
LB
N89'42'37" E
18.00'
L
L6
Al
N
10'—;
o3
N to I
o so
•
1
1
i
KERBS
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A
MONUMENTED LAND SURVEY OR LAND SURVEY PLAT.
IT IS INTENDED TO ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
TEMPORARY CONSTRUCTION
EASEMENT ACQUISITION
TCE-11
ELLIOTT
WELD COUNTY, COLORADO
TPOR
60' ROW OCT. 6, 1875
RD-BK 2, PG 31
RD100/41
E1/4 COR.
S13-T3N-R68W
2"ALUM. CAP ON #6
RBR. STAMPED
HASCALL PLS#23500
(1996) IN MON. BOX
r'
11,
Q_v Y-�
L1
1
POC
NIVI
S I '.1-T3N-R6714/
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-3 I
SCALE: 1"=100
DATE: 1O-O5-18jDRAWN BY: DRHJSHEET: 2 of 2
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (TCE), is made between Molly Elliott, (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"):
WITNESSETH: 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. Notwithstanding the
foregoing, the County will not stage or store materials or equipment within, near or obstructing the
driveway onto Owner's property. Owner will have unobstructed access to her property for ingress
and egress at all times for herself, her invitees, customers and visitors, unless the County provides
at least 24 hours advance notice of any obstruction to Owner's (and her invitees, customers and
visitors) access and under no circumstances will any such obstruction of access last more than 6
hours.
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.
4845-0488-8468.2
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
incidental to County's temporary reasonable and proper use of said easement.
GRANTOR:
Molly Elliott
4845-0488-8468.2
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara Kirkmeyer, Chair
/7g8
5-ia.-/9
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-11 FOR CR 13/34 Intersection Improvement Project (SRP-31)
DOC: #2019-1788
CONTRACT ID: #�
Acceptance of a Deed of Dedication from:
MOLLY ELLIOTT
t4; r°1)(Tr/ )
Co- oR-
4 - A o29i 9-/ 7 8
�6sDb7(o
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this 9 day of 111 4 y , 2019, between Molly Elliott (referred to herein
as "Grantor", whether one or more), whose address is 15871 Weld County Road 13, Platteville,
CO, 80651, 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.
GRANTOR:
Molly Ellidttt
STATE OF COLORADO
) ss.
COUNTY OF WELD
I .Jacqueline Hernandez -Barrow
NOTO PUBLIC
STATE COLORADOOFFY
w� AUGUST1i2021
The foregoing instrument was acknowledged before me this
Molly Elliott.
Witness my hand and official seal.
ACCEPTANCE
9
day of
ublic
The County of Weld, by and through its Board of County Commissioners, hereby accepts the
above dedication of property as a Public Highway (Public Right -of -Way) pursuant to C.R.S.
§43-2-201(1)(a).
D
Dated thiso day of , 2019.
air, Board of Co ty issioners
*No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant
to C.R.S. 43-2-201(1) (a).
02019- J7g?
EXHIBIT -A
RIGHT-OF-WAY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 13, TOWNSHIP 3 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL
BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO. 1207-13-1-RE1217 (RE -1217) FILED IN THE
WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2200388 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PART OF LOT -A OF SAID RE -1217 BEING DESCRIBED AS, THE WEST 10.00 FEET
OF THE EAST 40.00 FEET OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 13.
SAID PARCEL CONTAINS 4,666.90 sf. OR 0.11 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
4491814 Pages: 2 of 3
05/24/2019 11:07 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, Co
gill INFJP,Pl'I i'UI 'HIClil i 5,4 VAN Bill
RIGHT OF WAY
ACQUISITION
RW-11
ELLIOTT
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31 'SCALE:
DATE:10-05-18
DRAWN BY: DRH
SHEET: 1 of 2
EXHIBIT -A
id
VE 1/4
S13-73N-R68W
-J
a.
SPAI-IN
PL PL
NE COR. S13-T3N-R68W _
2" ALUM. CAP ON #6 RBR.
ILLEG. IN MON. BOX
PL PL
RW-1 1
PROPOSED ROW
4,666.90 sf.±/0.11 ac.±
MOLLY -ANN ELLIOTT
PARC.# 120713000084
RECP.#3223512
LOT—A/RE-1217
RECP.#2200388
id ld
KERBS
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.
10'
ldld
60' ROW OCT. 6, 1875
RD—BK 2, PG 31
RD100/41
E1/4 COR.
S13-T3N-R68W
2"ALUM. CAP ON #6
RBR. STAMPED
HASCALL PLS#23500
(1996) IN MON. BOX _
' 40'
id
30' "
POC
V61 !/4
S18-T3;V-R6i FV
RIGHT OF WAY
ACQUISITION
RW-11
ELLIOTT
WELD COUNTY, COLORADO
NTY
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 34 & 13
INTERSECTION PROJECT
PROJECT NO: SRP-31
SCALE: 1"=100
DATE:1O-O5-18
DRAWN BY: DRH
SHEET: 2 of 2
4491814 Pages: 3 of 3
05/24/2019 11:07 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII fOrdliC4Iiril finlAi tiE tiIAL'K6 1Ylrri. 1I III
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