HomeMy WebLinkAbout20183316.tiffRESOLUTION
RE: APPROVE POSSESSION AND USE AGREEMENT FOR IMPROVEMENTS AT
INTERSECTION OF COUNTY ROADS 50 AND 49 AND AUTHORIZE CHAIR TO SIGN
- JAMES AND ALICE SMITH
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Possession and Use Agreement for
Improvements at the Intersection of County Roads 50 and 49 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 James and Alice Smith, commencing upon full execution of
signatures, 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 Possession and Use Agreement for Improvements at the Intersection
of County Roads 50 and 49 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 James and Alice Smith be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifet)16,40;4,
Weld County Clerk to the Board
BY:
204 Rot
eputy Clerk to the Board
AllyROVED AS FORM
ounty ttorney
Date of signature: l l I Co ( l
Steve Moreno, Chair
rbara Kirkmeyer, P o-Tem
Mike Freeman
4
ac: PCA-)CCPI E-R/C H)
Ill"7/18'
2018-3316
EG0075
�eY1A41,t lb o?o/2
i°/t7
MEMORANDUM
TO: Esther Gesick, CTB DATE: August 28, 2018
FROM: Cameron Parrott, P.E., Public Works
SUBJECT: Possession and Use Agreement for James R. and
Allison B. Smith
Please place the attached Possession and Use agreement on the BOCC Agenda. Once the agreement
has been signed, please return a signed original back to me so I can provide them to IHC.
This agreement for possession and use allows the County's contractor, IHC, to complete some drainage
improvements near the CR 49 and CR 50 intersection. Following this possession and use, IHC will
acquire 0.17 and 0.15 acres from the landowner in exchange for approximately 0.5 acres of unusable
Weld County property located near the southeast corner of the landowner's property.
Weld County is not paying for the possession and use. IHC included the cost of all ROW acquisitions
including possession and use agreements in their price for the overall CR 49 project. IHC has negotiated
an offer with the landowner which covers all costs including damages.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
2018-3316
aGoo-i S
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: Possession and Use Agreement with James and Alice Smith
DEPARTMENT: PW DATE: 7/31/18
PERSON REQUESTING: Cameron Parrott
Brief description of the problem/issue:
We have been working with Interstate Highway Construction to wrap up the WCR 49/47 design build project.
One of the last outstanding items is to finish a small drainage ditch along the south side of WCR 50 just west of
WCR 49. IHC and PW have been working with the land owner to acquire the small slivers of ROW necessary
to do this work for quite some time. One of the requests from the land owner was to see if the County would
exchange the ROW needed along WCR 50 for a piece of the unusable parcel that the county obtained from
Harvey Mabis near the southwest corner of his property. In a previous work session back in January of this
year the BOCC stated that they were agreeable to this proposal. The attached Possession and Use Agreement
lays out the framework of this transaction and allows IHC to finish their work along WCR 50 in the meantime.
IHC has negotiated the terms of this agreement. Most of the compensation for the agreement is for damages
associated with a lay down area that IHC used on Mr. Smith's property during construction. The cost of this
transaction is being born by IHC, so no money would be exchanged between IHC and Weld County for this
agreement. It is anticipated that the two slivers of ROW will be acquired along WCR 50 soon, and a lot line
adjustment will be performed to adjust the area between Mr. Smith's property and the parcel owned by Weld
County during this same time.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
• Approve the Possession and Use Agreement
o County will no longer have to maintain approximately .5 acres of unusable property
o IHC will be able to complete the work remaining in the WCR 49/47 project
o The County will retain the existing water service on the parcel that we own where the WCR 49
commemorative monument is located
• Deny the Possession and Use Agreement
Recommendation:
Staff recommends approving the Possession and Use Agreement.
Approve
Recommendation
Sean - P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
Schedule
Work Session
Other/Comments:
1
Portion of Lot A
to County
SMITH JAMES R
105501100009
Portion of Lot B
to County
IHC Laydown
Area
Portion of Parcel
105501000047
to Mr. Smith
WELD
COUNTY
105501000047
875 175 350
1 inch = 250 feet
Weld County GIS
Weld County GIS
1400 N 17th Ave
Greeley, CO 80631
970-304-6432
maps@co.weld.co.us
r
f
343 I
(52
71
This product has been developed solely for internal use only by Weld County The GIS database and data in the product is subject to constant change and the accuracy and completeness cannot be and is not guaranteed The designation of
lots or parcels or land uses in the data base does not imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR
FINAL DESIGN PURPOSES WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES. EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS
ANY LIABILITY ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN No part of the product may be copied reproduced or transmitted in any form or by any means whatsoever,
including, but not limited to electronic mechanical photocopying, recording, scanning, or by any information retrieval system or any non -approved purpose without the express written consent of Weld County
SMITH JAMES R
►105501100009
Lot Line to
be Adjusted
WELD COUNTY
105501000047
Weld County GIS
Parcels
Other
WCR 49
Commemorative
Monument
1 inch = 50 feet
Weld County GIS
1400 N 17th Ave
Greeley, CO 80631
970-304-6432
maps@co.weld.co.us
This product has been developed solely for internal use only by Weld County The GIS database and data in the product is subject to constant change and the accuracy and completeness cannot be and is not guaranteed The designation of
lots or parcels or land uses in the data base does not imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR
FINAL DESIGN PURPOSES WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS ACCURACY OR CORRECTNESS OF SUCH PRODUCT NOR ACCEPTS
ANY LIABILITY, ARISING FROM ANY INCORRECT INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN No part of the product may be copied. reproduced or transmitted in any form or by any means whatsoever
including, but not limited to electronic, mechanical photocopying. recording, scanning, or by any information retrieval system or any non -approved purpose without the express written consent of Weld County
POSSESSION AND USE AGREEMENT
THIS AGREEMENT is made this 26th day of July, 2018, by and between JAMES R. SMITH AND ALICE B.
SMITH, whose address is 23798 County Road 50, LaSalle, CO 80645, hereinafter 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, CO 80631, hereinafter referred to as "County"
WHEREAS, Owner owns real property described in the attached Exhibits (hereinafter referred to as the
"Property"), made a party hereof by reference, and
WHEREAS, County finds it necessary to construct safety improvements, which involve widening Weld
County Road 50 and Weld County Road 49, which will involve said road's realignment and construction,
(hereinafter referred to as "Road Improvement Project"), and
WHEREAS, County requires said Property in order to complete said Road Improvement Project, and is in
need of possession of said Property by July 26th, 2018, and the Parties have not yet agreed upon the form of the
conveyance or the compensation to be provided to the Owner, and
WHEREAS, County is utilizing Interstate Highway Construction as its representative for the project and the
acquisition of property (hereinafter referred to as the "Representative"), and
WHEREAS, Owner and Representative are currently negotiating the purchase and sale of said Property,
and
WHEREAS, Owner wishes to cooperate with Representative and County in said Road Widening
Improvement Project.
NOW, THEREFORE, the Parties agree as follows
1. In consideration of this irrevocable grant of possession, mutual promises and covenants contained
herein, the Representative on behalf of the County will tender the Owner the sum of Sixty
Thousand and no/100 ($60,000.00) dollars The County shall be entitled to take possession of the
Property described in the Exhibits beginning July 26th, 2018 for the purposes described in this
Agreement Payment of the Sixty Thousand dollars includes but not limited to
i Transfer of a portion of Lot A (approximately 017 acres) and a portion of Lot B
(approximately 015 Acres) from the Owner to the County for drainage
improvements
ii Transfer of a portion of Parcel 105501000047 from the County to the Owner Said
parcel will be resized and a description will be provided during ROW take
iii All damages that occurred to the properties both prior and after construction up to
but not limited to construction debris, seeding, grading and trash
iv Water service currently located on Parcel 105501000047 will be relocated at a later
time by the County The County will retain ownership of said water service all times
2. Owner agrees to grant the Property to County, in a form to be determined prior to closing.
3. This agreement is made with the understanding the Representative will continue to negotiate in
good faith with the Owner to acquire the interest in the property. It is further understood in the
event a settlement is not reached within 90 days of the signing of this agreement, such failure will
be a confession that the negotiations to acquire the Property described herein have proved futile.
At this point, the County may begin proceedings in eminent domain to acquire title to the Property
herein described. The County shall not unreasonably delay the commencement of proceedings
under the eminent domain law once the time provided for in this paragraph has expired. If the
County begins proceedings in eminent domain, it is understood and agreed this agreement shall
continue in effect until either a settlement is reached or a rule and order is entered by the court,
as provided for in C.R.S. 38-1-1 05(3). If such proceedings are begun, this Possession and Use
Agreement shall operate as a stipulation to immediate and continued possession of the Property
pursuant to C.R.S. 38-1-105(6).
4. It is agreed by the undersigned, in the event proceedings in eminent domain are begun, the
valuation day for determining the amount of just compensation shall be the date on which
payment was tendered to the owner, pursuant to paragraph one above.
5. This Agreement shall be deemed a contract and shall bind the parties and shall extend to and bind
their heirs, executors, administrators, legal representatives, successors, and assigns.
6. This Agreement embodies all of the 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.
7. The compensation granted in this Possession and Use Agreement covers all Right -of -Way costs.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written.
OWNERS: JAMES R. SMITH AND ALICE B. SMITH
J ES R. SMITH
ATTEST: iV6t1G;tok
Weld Co - y Clerk to the Board
BY:
Deputy Cle 7 to the Bo
ALICE B. SMITH
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
e Moreno, Chair ocT i 7 2018
doll -3,516
EXHIBIT o A
ADDITIONAL RIGHT-OF-WAY
JAMES R. SMITH &
ALICE B. SMITH
PARCEL #1055-01-1-00-008
& #1055-01-1-00-009
RECEPTION #4151630
A TRACT OF LAND, lying and being situate within Lot A, Recorded Exemption No. 1055-01-1 RECX16-0008
at Reception No 4225055, within the Northeast 1/4 of Section 1, Township 4 North, Range 65 West, 6th
Principal Meridian, Weld County Colorado, and being more particularly described as follows
BEGINNING AT A POINT which is the point of intersection of the East Line of Said Lot 1 and the Southerly
Right -of -Way Line of Weld County Road 50, whence the Northeast Corner of said Section 1 bears
N83°43'32"E, a distance of 294 47 feet,
THENCE S00°33'06"E, along said East Line of Lot A, a distance of 23 18 feet,
THENCE S89°34'21"W, a distance of 332 31 feet,
THENCE N45°25'39"W, a distance of 28 28 feet to the Southerly Right -of -Way Line of Weld County Road
50,
THENCE N89°34'21"E, along said Southerly Right -of -Way Line, a distance of 370 63 feet to THE POINT
AND PLACE OF BEGINNING containing 7,243 square feet (0 17 Acres) more or less
Bearings as shown in the above description are based upon the East Line of Section 1 having a bearing of
S00°33'06"E
This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied
which may be in effect at the time of this document
This property description was prepared entirely from information provided to this Surveyor by Weld
County Personnel
44_ dcf,"..ef-
CO PLS 18468
ADDITIONAL ROW
ACQUISITION
JAMES R. SMITH &
ALICE B. SMITH
WCR 49
WELD COUNTY, COLORADO
11' S QJR YP E Y 0 i`'4 G
1975 Prairie Owl Road
varker, c.0 suiss
(303)841-2568
WELD COUNTY DEPARTMENT '
OF_PUBLIC WORKS
i
WCR 49 CORRIDOR PROJECT
AT WCR 50
PROJECT NO. SRP-26
DATE 2/15/18
DRAWN BY MSL 'SHEET 1 OF 2
EXHIBIT - A
All existing ownership,
Rights —of —Way, and
existing easement
information hos been
provided by Weld County.
WCR 50
1
100
N
NE Corner Sect. 1,
T, 4N, R. 65W
N 83'43'32" E, 294.47'
N89'34'21 "E, 370.63'
S 89'34'21" W,
45'25'39" W,
LOT A
28.28'
332.31'
0WF IPAW
•'~ gutted
41 7A Acres:"
JAMES R. SMITH
& ALICE B. SMITH
LOTS A & B, RECORDED EXEMPTION
#1055-01-1 REX16-0008
RECEPTION #4225055
PARCEL #1055-01-1-00-008
& #1055-01-1-00-009
RECEPTION #4151630
0
50 100 200
SCALE: 1"=100'
00110
c1
4,r
cc
� V
S 00'33'06" E, 23.18' I
I I
1 �
LOT B
r
0
u
c)
4)
4-0
(1)
0
w
w
0
w
M
M
0
U)
I
a
CD
N
.N
m
Existing
20' T.C.E.
Note: This Exhibit sketch does
not represent a Monuinerited Land
Survey or Right —of —Way. I It is
intended to show the latt•ched propert3
description only.
ADDITIONAL ROW
ACQUISITION
JAMES R. SMITH &
ALICE B. SMITH
WCR 49
WELD COUNTY, COLORADO
UCH EUD
SURVEYING
1975 Prairie Owl Road
ar er,
303 841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
PROJECT NO.: SRP-- 26
DATE: 2/15/18
CALE: 1" -100'
DRAWN 8Y: MSL EET 2 OF 2
EXHIBIT - B
ADDITIONAL RIGHT-OF-WAY
JAMES R. SMITH &
ALICE B. SMITH
PARCEL #1055-01-1-00-008
& #1055-01-1-00-009
RECEPTION #4151630
A TRACT OF LAND, lying and being situate within Lot B, Recorded Exemption No 1055-01-1 RECX16-0008
at Reception No 4225055, within the Northeast 'A of Section 1, Township 4 North, Range 65 West, 6th
Principal Meridian, Weld County Colorado, and being more particularly described as follows.
BEGINNING AT A POINT on the Westerly Right -of -Way Line of Weld County Road 49, whence the
Northeast Corner of said Section 1 bears N78°56'59"E, a distance of 162.72 feet,
THENCE S45°29'23"E, along said Westerly Right -of -Way Line, a distance of 99.10 feet,
THENCE N73°38'06"W, a distance of 94.91 feet,
THENCE N80°37'16"W, a distance of 113 90 feet, to the West Line of Said Lot B;
THENCE N00°33'06"W, along Said West Line, a distance of 23 18 feet to the Southerly Right -of -Way Line
of Weld County Road 50,
THENCE N89°34'21"E, along said Southerly Right -of -Way Line, a distance of 133 00 feet to THE POINT
AND PLACE OF BEGINNING containing 6,350 square feet (0 15 Acres) more or less
Bearings as shown in the above description are based upon the East Line of Section 1 having a bearing of
S00°33'06"E
This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied
which may be in effect at the time of this document
This property description was prepared entirely from information provided to this Surveyor by Weld
County Personnel
ria_4_ icfdaz-
CO PLS 18468 ---
ADDITIONAL ROW
ACQUISITION
JAMES R. SMITH &
ALICE B. SMITH
WCR 49
WELD COUNTY, COLORADO
In
S U[ VEYONG
1975 Prairie Owl Road
parker, (.0 BUT3B
(303)841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS _
WCR 49 CORRIDOR PROJECT
AT WCR 50
ROJECT NO. SRP-26
DATE 2/15/18 IDRAWN BY MSL
EET 1 OF 2
EXHIBIT - B
I
All existing ownership,
Rights —of —Way, and
existing easement
information has been
provided by Weld County.
WCR 50
LOT A
NE Corner Sect. 1,
T, 4N., R.65W.
77E N78' 56' 59"E
162. 72
N 89'34'21" E, 133.00'
N 00'33'06" W, 23.18'
N 80'37'16" W, 11.3,90'
th% ttol ROW
o 4*sfrn =
,l0.15 /! 4 Attys.
JAMES R. SMITH
& ALICE B. SMITH
LOTS A & B, RECORDED EXEMPTION
#1055-01-1 REX16-0008
RECEPTION #4225055
PARCEL #1055-01-1-00-008
& #1055-01-1-00-009
RECEPTION #4151630
exhibit
O
50
100
200
■ ■ ■ ■ ■
IN ■ ■ ■ ■
SCALE: 1 "= 100'
SIP
N 73'38'06" W,
LOT B
___
S 45'29'23" E, 99.10'
0
W
W
Existing
20' T.C,E
Note: This Exhibit sketch does
not represent a MonurInerited Land
Survey or Right--of—W$y. It is
intended to show the Iatt • ched propert4
description only.
ADDITIONAL ROW
ACQUISITION
JAMES R. SMITH &
ALICE B. SMITH
WCR 49
WELD COUNTY COLORADO
LUCH ETfl
SURVEYING
1975 Prairie Owl Road
ar er,
303 841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
PROJECT NO.: SRP-- 26
CALE: 1'a100.
DATE: 2/15/18 DRAWN 8Y: MSL
EET20F2
1 . VfJVt t., £ NA.1/11_11 1.
I uL t tot Lr
Exhibit C
*SSWeld County
PROPERTY PORTAL
Account Parcel
• R6939897
Legal
Property Information (970) 400-3650
Technical Support (970) 400-4357
Account: R6939897
June 28, 2018
Account Information
Space Account Tax Buildings Actual Assessed
Type Year Value Value
Exempt ; 2018
PT N2NE4 1-4.65 LOT A REC EXEMPT RE -2035 (.30R)
Subdivision Block Lot Land Economic Area
6205 T4 R66-65
39,564 2,850
Property Property Zip Section Township Range
Address City
23769
COUNTY WELD
ROAD 49
01 04 65
Owner(s)
Account Owner Name Address
R6939897 WELD 1150 O ST GREELEY, CO
COUNTY 806319596
This map is a user generated static output from ar Internet mapping site and is for
reference only Data layers that appear on this map may or may not be accurate,
current, or othentpse reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
MEMORANDUM
TO: Esther Gesick, CTB DATE: June 17, 2019
FROM: Cameron Parrott, P.E., Public Works
SUBJECT: Acceptance of a Deed of Dedication for Public
Highways for the CR 49 Project
Please place the attached Warranty Deed for additional ROW that IHC acquired on behalf of Weld
County from James R. and Alice B. Smith on the BOCC Consent Agenda.
The original contract ID # was 2018 and the docket number was 2018-3316.
Page 1 of I
M'\ —Active Projects\STRATEGIC CORRIDOR\WCR 49 Corridor\ROW\ C Acquired RO amcmes Smith - WCR 50\Smith Deed Acceptance Memo to C 06-17-
19.docx
�� /iq/9 ace -3 1L'
Cr) -1.9-tR" ��as�i9 FEUD -76
WARRANTY DEED
THIS DEED made this day of 1 t , 2019, between James R. Smith and
Alice B. Smith 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, Grantees:
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 23798 County Road 50, La Salle, CO, 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.
4499379 Pages: 1 of 7
06/21/2019 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
ligrditr ION:i1E "Ill
god- 33le
IN WITNESS THEREOF the grantor has executed this deed on the date set forth
above.
es R. Smith
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
Alice B. Smith
621
The foregoing instrument was acknowledged before me this o13 day of
flay
, 2019, by James R. Smith and Alice B. Smith.
Witness my hand and official seal.
Notary Public
My commission expires:
CHAD CAMPBELL
Notary Public
State of Colorado
Notary ID 020184004631
My Commission Expires 02-06.2023
4499379 Pages: 2 of 7
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Carly Koppes, Clerk and Recorder, Weld County, CO
POrdPirrirCliliNIN
�
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 I I day of
ATTEST:
CLERK TO THE BOARD OF
COUNTY COMMISSION
OF THE COUNTY OF W
BY:
eputy Clerk to the B
STATE OF COLORADO )
)ss
COUNTY OF WELD )
,2019.
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
arbara Kirkmer, Chair
BOARD OF COUNTY
COMMISSIONER JUN 1
OF THE COUNTY OF WELD
/0,171
The foregoing instrument was acknowledged before me this 9_day of
2019, by Barbara Kirkmeyer, BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
My commission expires:
/.9/azda2az.
4499379 Pages: 3 of 7
08/21/2019 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
11111
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2u22
EXHIBIT - A
ADDITIONAL RIGHT-OF-WAY
JAMES R. SMITH &
ALICE B. SMITH
PARCEL #1055-01-1-00-008
& #1055-01-1-00-009
RECEPTION #4151630
A TRACT OF LAND, lying and being situate within Lot A, Recorded Exemption No. 1055-01-1 RECX16-0008
at Reception No. 4225055, within the Northeast 1/4 of Section 1, Township 4 North, Range 65 West, 6th
Principal Meridian, Weld County Colorado, and being more particularly described as follows:
BEGINNING AT A POINT which is the point of intersection of the East Line of Said Lot 1 and the Southerly
Right -of -Way Line of Weld County Road 50, whence the Northeast Corner of said Section 1 bears
N83°43'32"E, a distance of 294.47 feet;
THENCE S00°33'06"E, along said East Line of Lot A, a distance of 23.18 feet;
THENCE S89°34'21"W, a distance of 332.31 feet;
THENCE N45°25'39"W, a distance of 28.28 feet to the Southerly Right -of -Way Line of Weld County Road
50;
THENCE N89°34'21"E, along said Southerly Right -of -Way Line, a distance of 370.63 feet to THE POINT
AND PLACE OF BEGINNING containing 7,243 square feet (0.17 Acres) more or less.
Bearings as shown in the above description are based upon the East Line of Section 1 having a bearing of
S00°33'06"E.
This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied
which may be in effect at the time of this document.
This property description was prepared entirely from information provided to this Surveyor by Weld
County Personnel.
4499379 Pages: 4 of 7
08/21/2019 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
�N'INICUFIIl\NI !MidIP 1I II
CO PLS 18468
ADDITIONAL ROW
ACQUISITION
JAMES R. SMITH &
ALICE B. SMITH
WCR 49
WELD COUNTY, COLORADO
WIUCH E
SUFVEYQ'G
1975 Prairie Owl Road
Parker, LO 8U138
(303)841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
PROJECT NO.: SRP-26
DATE: 2/15/18
DRAWN BY: MSL
SHEET 1 OF 2
EXHIBIT - A
All existing ownership,
Rights —of —Way, and
existing easement
information has been
provided by Weld County.
WCR 50
L
N 45'25'39" W, 28.28'
N 89'34' 21 "E, 370.63'
NE Corner Sect. 1,
r. 4N., R. 65W
N 83'43'32" E, 294.47'
g
S 89'34'21" W, 332.31'
Additional ROW
To 81! Acquired.)
7,243 sq.ft./017 /017',cres
JAMES R. SMITH
& ALICE B. SMITH
LOTS A & B, RECORDED EXEMPTION
#1055-01-1 REX16-0008
RECEPTION #4225055
PARCEL #1055-01-1-00-008
& #1055-01-1-00-009
RECEPTION #4151630
0 50 100 200
SCALE: 1"=100'
__�
1
00'33'06" E, 23.18'
I
I
I
LOTB
Existing
20' T.C.E.
C
0
U
4)
a)
C
co
o
w
w
Basis of Bearing...1 S 00'33'06"
Note: This Exhibit skrtch does
not represent a Monurtnerited Land
Survey or Right —of —Way. 1 It is
intended to show the lott ched propertm
description only.
ADDITIONAL ROW
ACQUISITION
JAMES R. SMITH &
ALICE B. SMITH
WCR 49
4499379 Pages: 5 of 7
06/21/2019 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
III IMF i !NO
LUCHETTI
SURVEYING
1975 Prairie Owl Road
Parker, CO 80138 _
'-"'n'"11-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
PROJECT NO.: SRP-26
CALE: 1 "=100'
DATE: 2/15/18
DRAWN BY: MSL
SHEET 2 Of 2
EXHIBIT - B
ADDITIONAL RIGHT-OF-WAY
JAMES R. SMITH &
ALICE B. SMITH
PARCEL #1055-01-1-00-008
& #1055-01-1-00-009
RECEPTION #4151630
A TRACT OF LAND, lying and being situate within Lot B, Recorded Exemption No. 1055-01-1 RECX16-0008
at Reception No. 4225055, within the Northeast % of Section 1, Township 4 North, Range 65 West, 6th
Principal Meridian, Weld County Colorado, and being more particularly described as follows:
BEGINNING AT A POINT on the Westerly Right -of -Way Line of Weld County Road 49, whence the
Northeast Corner of said Section 1 bears N78°56'59"E, a distance of 162.72 feet;
THENCE S45°29'23"E, along said Westerly Right -of -Way Line, a distance of 99.10 feet;
THENCE N73°38'06"W, a distance of 94.91 feet;
THENCE N80°37'16"W, a distance of 113.90 feet, to the West Line of Said Lot B;
THENCE N00°33'06"W, along Said West Line, a distance of 23.18 feet to the Southerly Right -of -Way Line
of Weld County Road 50;
THENCE N89°34'21"E, along said Southerly Right -of -Way Line, a distance of 133.00 feet to THE POINT
AND PLACE OF BEGINNING containing 6,350 square feet (0.15 Acres) more or less.
Bearings as shown in the above description are based upon the East Line of Section 1 having a bearing of
S00°33'06"E.
This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied
which may be in effect at the time of this document.
This property description was prepared entirely from information provided to this Surveyor by Weld
County Personnel.
4499379 Pages: 6 of 7
06/21/2019 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County, CO
liii 11)FdliL7 WG II:II'Cti AI II
CO PLS 18468
ADDITIONAL ROW
ACQUISITION E -W-3-2
JAMES R. SMITH &
ALICE B. SMITH
WCR 49
WELD COUNTY, COLORADO
LUCHE
SURVEYING
1975 Prairie Owl Road
Parker, cu 80138
(303)841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
PROJECT NO.: SRP-26
DATE: 2/15/18
DRAWN BY: MSL ISHEET 1 OF 2
EXHIBIT - B
All existing ownership,
Rights -of —Way, and
existing easement
information has been
provided by Weld County.
WCR 50
100
NE Corner Sect 1,
T. 4N, R. 65W.
TIE - N78' 56' 591-
162.72'
N 89'34'21" E, 133.00'
N 00'33'06" W, 23.18'
N 80'17'1R" W, 1 1 4a'
Additional ROW
rot 8€ Acquire.}'
O35 0sq.f ./x'.15 Ac"es_
JAMES R. SMITH
& ALICE B. SMITH
LOTS A & B, RECORDED EXEMPTION
#1055-01-1 REX16-0008
RECEPTION #4225055
PARCEL #1055-01-1-00-008
& #1055-01-1-00-009
RECEPTION #4151630
exhibit
0
50
100
200
■ ■ ■ IN ■
■ ■ ■ ■
SCALE: 1"=100'
ADDITIONAL ROW
ACQUISITION
RW-32A�
JAMES R. SMITH &
ALICE B. SMITH
Well 49
N 73'38'06" W, 94.91'
Existing
20 ` T.C.E.
cn
cc
V
S 45'29'23" E, 99
I
I
I
I
I
C
0
4)
u7
a)
C
U)
a
w
w
0
M
b
0
I
m
0
0)
.N
0
m
10'
Note: This Exhibit skbtch does
not represent a Monui4nerited Land
Survey or Right—of—WSiy. It is
intended to show the 1attached property
description only.
4
LUCH ElI'S
5 URVEYI NG
1975 Prairie Owl Road
4499379 Pages: 7 of 7
06/21/2019 10:38 AM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Parker, LU SII158
1-2568
1
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
PROJECT NO.: SRP- 26
DATE: 2/15/18
SCALE: 1.2000
DRAWN 811: MSL SHEET 2 OF 2
III 1'10;W NO Pi &NW I if4+Y4�1
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