HomeMy WebLinkAbout20194862.tiffRESOLUTION
RE: APPROVE ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD
RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - HUNT BROTHERS
PROPERTIES, INC.
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 Deed of Dedication for Public Road
Right -of -Way, from Hunt Brothers Properties, Inc., 10100 Dallas Street, Henderson, Colorado
80640, to 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, with terms and
conditions being as stated in said deed of dedication, and
WHEREAS, a hearing before the Board was held on the 30th day of October, 2019, at
which time the Board deemed it advisable to continue said matter, and
WHEREAS, after review, the Board deems it advisable to approve and accept said deed
of dedication, 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 Deed of Dedication for Public Road Right -of -Way, from Hunt Brothers
Properties, Inc., to 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, be, and hereby is,
approved and accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said deed of dedication.
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019-4862
EG0076
ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY - HUNT
BROTHERS PROPERTIES, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of November, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d ) XL;
Weld County Clerk to the Board
BY: /
Barbara Kirkme
er, Chair
PMAT-t3
tioo
Mike Freeman, Pro -Tern
Deputy Clerk to the Board �j:..�,EXCUSED
Sean P. Conwa .
AP
Steve Moreno
tt K. James
County A ttorney
Date of signature: 12-/( /Iq
2019-4862
EG0076
TO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
DATE: October 24, 2019
SUBJECT: Asphalt Specialties Corrected Resolution, Deed of Dedication,
and Improvements Agreement
Commissioners,
As you recall, on July 1, 2019, you dismissed the Show Cause hearing against Hunt Brothers Properties Inc. / Asphalt
Specialties Co. ("Operator") related to their USR 16-0041 for an Asphalt and Concrete Batch Plant and related operations.
However, at that hearing the Board voiced various concerns that the Operator has attempted to address. On October 30,
2019, your agenda will reflect three items which we believe will bring them into compliance with the Board's expectations.
First, we are asking the Board to approve the Second Corrected Resolution approving the USR permit. Specific corrections
include (1) updating the legal description and conditions of approval 1.B. and 1.I.16 to reference the Second Corrected
Recorded Exemption Plats, which reflect the updated and corrected lot lines that were necessary to accommodate the access
location recommended by Public Works; and (2) updating condition of approval 1.I.9 to reflect the updated and corrected
access permit number issued by Public Works. The Second Corrected Resolution also deletes reference to the former
property owner now that it has been conveyed to the Hunt Brothers Properties Inc.
* Second, we are asking the Board to accept a Deed of Dedication of right-of-way on the south side of County Road 6, which
is necessary to accommodate the additional road improvements required by the Operator's USR permit. Once this is
accepted and recorded, the reception number can be included on the Second Corrected Recorded Exemption plats, which
are otherwise ready to be recorded.
Third, we are asking the Board to approve the Operator's Improvements and Road Maintenance Agreement and to accept
$435,281.37 performance bond, as well as a $65,292.20 maintenance bond, as required by the Operator's USR permit.
I will be available at the hearing, along with Dawn Anderson and Kim Ogle, to answer questions. The Operator will be
present to answer questions as well, and to provide information about the plan for construction and the landscaping plan.
/as
£GO01 Co
DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
THIS DEED, made this 21st day of October, 2019, between Hunt Brothers Properties, Inc., (referred to
herein as "Grantor", whether one or more), whose legal address is 10100 Dallas Street, Henderson, CO
80640, 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.
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:
aniel W. Hunt
President
STATE OF COLORADO )
) ss.
COUNTY OF ADAMS )
The foregoing instrument was acknowledged before me this 21st day of October, 2019 by
O/7, C/ Gt>. A/v4 I`
NANCY HERBSTREITH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20104047503
MY COMMISSION EXPIRES NOVEMBER 22.2022
Witness my hand and official seal.
N11iri�/
aryblic
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 thiclay ofL71-4-71":' ley"' , 2019.
Board of County Co 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). 4547183 Pages: 1 of 3
12/05/2019 02:11 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII NW! !�ill ill ttal Itih�Nhl �N� 14R�EII NI 11111
2019-4862
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 1
NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO,
DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 25 TO BEAR
SOUTH 89°40'37" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO;
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID
SECTION 25; THENCE NORTH 89°40'37" EAST, COINCIDENT WITH THE NORTH LINE OF
THE NORTHEAST 1/4 OF SAID SECTION 25, A DISTANCE OF 19.70 FEET TO THE
NORTHWEST CORNER OF LOT A, 2ND CORRECTED RECORDED EXEMPTION NO. 1467-
25-1 RECX16-0183 AND THE EASTERLY RIGHT-OF-WAY LINE OF THE BULL CANAL AS
DESCRIBED IN DEED RECORDED DECEMBER 11, 1914 AS RECEPTION NO. 208153 IN
THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO AND
THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE EAST, HAVING A
RADIUS OF 79.91 FEET AND A CENTRAL ANGLE OF 40°06'03", WHOSE CHORD BEARS
SOUTH 23°49'20" WEST, A DISTANCE OF 54.79 FEET; THENCE SOUTHERLY COINCIDENT
WITH SAID EASTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 55.93 FEET TO A POINT LYING 50.00 FEET SOUTHERLY FROM THE NORTH
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 25; THENCE NORTH 89°40'37" EAST,
PARALLE WITH AND 50.00 FEET SOUTHERLY FROM THE NORTH LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 25, A DISTANCE OF 1474.70 FEET; THENCE NORTH
00°19'23" WEST, A DISTANCE OF 10.00 FEET TO A POINT LYING 40.00 FEET SOUTHERLY
FROM THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 25; THENCE NORTH
89°40'37" EAST, PARALLE WITH AND 40.00 FEET SOUTHERLY FROM THE NORTH LINE
OF THE NORTHEAST 1/4 OF SAID SECTION 25, A DISTANCE OF 1093.12 FEET TO THE
WEST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 13 AS DESCRIBED IN DEED
RECORDED OCTOBER 20, 2004 AS RECEPTION NO. 3229333 IN THE RECORDS OF THE
CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE NORTH 00°25'23"
WEST, COINCIDENT WITH SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 40.00 FEET
TO THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 25; THENCE SOUTH
89°40'37" WEST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 2545.33 FEET TO
THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 2.69 ACRES, MORE OR LESS.
PREPARED BY: CURTIS D. HOOS, PLS 37971
FOR AND ON BEHALF OF:
AMERICAN WEST LAND SURVEYING CO.
BRIGHTON, CO 80601
-1-
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Carly Koppel, Clerk and Recorder, Weld County, CO
VIII I���I it4C'a��Iri�'hiy�'i iiiilhJ ivW � 4 iMk 11111
'EXHIBIT A'
19.70'
POINT OF COMMENCEMENT]
NW COR. NE 1/4, SEC. 25
T 1 N, R 68 W, FOUND 3/4"
REBAR WITH 2" ALUMINUM CAP,
PLS 25937 IN MONUMENT BOX.
NE COR. NE 1/4, SEC. 25,
T1 N,R68W,FOUND 34*
REBAR WITH 2 1/2" ALUMINUM
CAP, PLS 24305 IN MONUMENT
TRUE POINT BOX.
OF BEGINNING S89'40'37'W 2635.03' (BASIS OF BEARINGS) _
/ O J/j// Iz /////, Imo'///1 J�
To-
g2
0=
2ND CORRECTED
RECX16-0183
UNE
RADIUS
79.91'
ARC
DELTA
CHORD BEARING
CHORD
54.79'
C1
55.93'
40'06'03"
S23'49'20"W
UNE
BEARING
DISTANCE
L1
N89'40'37"E
1474.70'
L2
NOO' 19'23"W
10.00'
L3
N89'40'37"E
1093.12'
L4
NOO'25'23"W
40.00'
L5
S89'40'37"W
2545.33'
ORAPISC SOLE
10200
i
i MIMI
M
0
2
COUNTY ROAD
0 200 400
NOTE: THIS DRAWING IS MEANT TO DEPICT THE ATTACHED DESCRIPTION AND IS FOR INFORMATIONAL PURPOSES ONLY.
IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. NOTE: THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH
BY AMERICAN WEST LAND SURVEYING CO. TO DETERMINE OWNERSHIP, RIGHTS -OF -WAY OR EASEMENTS OF RECORD.
LEGEND:
ALIQUOT MONUMENT AS NOTED.
DRAWN BY: CDH
FIELD: CDH
PARCEL NO. 146725100053
PARCEL NO. 146725100054
HUNT BROTHERS PROPERTIES, INC.
JUNE 17, 2019
PAGE 2 OF 2
A.Anaring co.
Nedi
PO Box 129. ¢rlohton, CO 80901 * P 303-689-1632 F 303.655-0575 * AMWESTL8.COM
4547183 Pages: 3 of 3
12/05/2019 02:11 PM R Fee:$0.00
Carly Kappa., Clerk and Recorder, Weld County, CO
11111FOCI4IIEGOIEkY11111
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