HomeMy WebLinkAbout20191089.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JOHN, JR. AND
LOUISE SCHMIDT
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 for Certain Improvements to County Road 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 John, Jr., and Louise Schmidt, 23547 County
Road 50, LaSalle, Colorado 80645, with terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement Concerning the Purchase of Public Road Right -of -Way for
Certain Improvements to County Road 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 John, Jr., and Louise Schmidt, 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(CPIERIcH6,PCZ fec!CO)
3/2ct1►q
2019-1089
EG0076
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - JOHN, JR., AND LOUISE SCHMIDT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of March, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLQRADO
ATTEST:
ci
Weld County Clerk to the Board
oun y ttorney
Date of signature: 3-19- t R
arbara Kirkmeyer, Chair
1TL:k3
iMa Freeman Pro-Tem
Steve Moreno
2019-1089
EG0076
Lorkirmi 1D4ta%eo
MEMORANDUM
TO: Esther Gesick, CTB DATE: March 7, 2019
FROM: Cameron Parrott, P.E., Public Works
SUBJECT: ROW Agreement for John Jr. and Louise Marie
Schmidt
Please place the attached Right of Way 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 item was
approved by all 5 Commissioners on a passaround dated 2/26/19.
This agreement is for additional Right of Way that IHC needs to accommodate their design of the CR 49
and CR 50 intersection. IHC will acquire 0.59 acres from the landowner on the northwest corner of this
intersection.
This ROW acquisition is part of an improvement that was requested by Weld County. Since the request
for this improvement came from Weld County, we have negotiated a proportional share of this cost with
IHC. The County will be responsible for $20,000 of the associated cost to cure. This amount is for
compensation for the removal of 10 trees that were taken as part of this work. This compensation has
already been included in the overall cost of the project. IHC will cover the remainder of the additional
right of way acquisition with no change to the overall project cost. IHC offered the landowner $40,000.00
for the ROW agreement. This ROW acquisition was delayed due to issues that are now resolved with the
irrigation return flow ditch that it encompasses. This return flow issue was a topic of discussion at many
of the weekly work sessions for this project starting in May of 2016.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
CC, tPW Or 16ase
031 X31 I�
2019-1089
Era,0c'1Le
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: ROW Agreement for Schmidt Property Near the Intersection of WCR 49 & 50
DEPARTMENT: PW DATE: 2/26/19
PERSON REQUESTING: Cameron Parrott
Brief description of the problem/issue:
This agreement is for additional Right of Way that our contractor, IHC, needs to accommodate their design of the CR 49
and CR 50 intersection. IHC will acquire 0.59 acres from the landowner on the northwest corner of this intersection.
This ROW acquisition is part of an improvement that was requested by Weld County. Since the request for this
improvement came from Weld County, we negotiated a proportional share of this cost with IHC. The County will be
responsible for $20,000 of the associated cost to cure. This amount is for compensation for the removal of 10 trees that
were taken as part of the work. That compensation was already included in the overall cost of the project. IHC will cover
the remainder of the additional right of way acquisition with no change to the overall project cost. IHC offered the
landowner $40,000.00 for the ROW agreement. This ROW acquisition was delayed due to issues with the irrigation
return flow ditch managed by FRICO in that area. Those issues have been resolved and are not related to the drainage
issues with FRICO that are being dealt with around this same intersection.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
• Approve ROW Acquisition Agreement
o There is no additional cost to the project, these costs were already included in the overall project costs.
• Deny the ROW Acquisition Agreement
Recommendation:
Staff recommends approving this ROW acquisition agreement and allowing it to be placed on the next available BOCC
agenda
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve Schedule
Recommendation Work Session
Other/Comments:
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49,
BETWEEN JOHN SCHMIDT JR. and LOUISE MARIE SCHMIDT AND WELD
COUNTY, COLORADO
THIS AGREEMENT is made this / 9 ni day of_ raRE,,, fie„ , 2019, by and between John
Schmidt Jr. and Louise Marie Schmidt, whose address is 2354 County Road 50, La Salle,
Colorado 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, Colorado 80631 hereinafter referred
to as "County."
WITNESSETH:
WHEREAS, Owner owns a parcel of real property described in the attached "Exhibit -
A" (hereinafter referred to as ("Public Road Right -of -Way"),
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49
(hereinafter "WCR 49"), which will improve the alignment and construction of the roadway,
(hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and
WHEREAS, County requires the parcel of the Public Road Right -of -Way for the benefit
of County in order to complete a portion of said Project, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to sell at closing and IHC on behalf of Weld County agrees to
purchase the Public Road Right -of -Way shown and/or described on "Exhibit -A"
(a copy of which is attached hereto and made a part hereof by this reference), for
the sum of Forty Thousand and 00/100 Dollars, ($40,000.00). The parties
acknowledge and agree that said purchase price represents full, fair and valuable
consideration based on the following:
a. Right of Way $ 1,000.00
b. Cost to Cure $ 39,000.00
2. Owner warrants that they are the Owner of the Public Road Rights -of -Way and
will defend title thereto against all claims.
3. Owner agrees to grant the Public Road Right -of -Way to the County by Warranty
Deed, free and clear of all liens and encumbrances, except existing easements.
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIIIMagi:���� h'4 h'I�k�Mti1L Ni"V �R!'�1�MIi �I II
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4. Owner shall retain the mineral estate under the Public Road Right -of -Way and
shall also retain any water rights currently attached to or associated with the
Public Right -of -Way.
5. Owner shall deliver the fully executed Warranty Deed for the Public Road Right -
of -Way to County at the date of closing which shall be no later than thirty (30)
days following the County's execution of this Agreement.
6. Owner shall pay any encumbrance associated with the Public Road Right -of -Way,
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 Warranty Deed
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.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. IHC on behalf of Weld County shall at closing pay for the cost of obtaining title
insurance if County desires to obtain title insurance for the Public Road Right -of -
Way.
2, IHC on behalf of Weld County shall at closing pay all fees associated with
recording this Agreement and/or the Warranty Deed.
3. IHC on behalf of Weld County shall maintain its current offer of Fair Market
Value of One Thousand and 00/100 Dollars ($1,000.00) for the Public Road
Right -of -Way and Thirty-nine Thousand and 00/100 ($39,000.00) for the cost
to cure by County warrant(s) at the date of closing.
4. Prior to construction commencing on the Project and right of way described
herein, IHC on behalf of Weld County shall construct a temporary fence line
along the outside boundary of the Right -of -Way. At the conclusion of
construction, IHC on behalf of Weld County will install a new permanent right of
way fence along the boundary of the new right of way being acquired hereunder.
Owner shall be responsible for maintenance of said fence.
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right -of -Way 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
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Carly Koppes, Clerk and Recorder, Weld County, CO
tighildrilitKO Ili III III
Page 2 of 3
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. The parties hereby agree that neither has made or authorized any agreement with
respect to the subject matter of this instrument other than as expressly set forth
herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or
employees.
5. 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.
6. This Agreement embodies all agreements between the parties hereto and there are
no promises, terms, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
7. This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: John Schmidt Jr. OWNER: Louise Marie Schmidt
A
John Schmidt Jr.
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIIMI .WJk II II
ATTEST: dare )
Weld County Clerk to the Board WELD COUNTY, CO ORADO
BY:
Deputy Clerk the B
arbara Kirkmey r, Chai
Lot l ft-424.241kGtI/
uise Marie Schmidt �! "
BOARD OF COUNTY COMMISSIONERS
Page 3 of 3
o'7Otq- 1089
EXHIBIT - A
ADDITIONAL RIGHT-OF-WAY
JOHN SCHMIDT, JR. &
LOUISE MARIE SCHMIDT
PARCEL #0961-36-4-00-004
RECEPTION #3772899
A TRACT OF LAND, lying and being situate within Lots B, C, and D, Recorded Exemption No. 0965-36-4
RE -4136, within the Southeast 14 of Section 36, Township 5 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
Southeast Corner of Said Section 36 bears S42°31'55"E, a distance of 134.78 feet;
THENCE S44°28'05"W, along said Westerly Right -of -Way Line, a distance of 98.81 feet to the Northerly
Right -of Way Line of Weld County Road 50;
THENCE S89°34'21"W, along said Southerly Right -of -Way Line, a distance of 543.21 feet to the West Line
of Lot D of Recorded Exemption No. 0965-36-4 RE -4136;
THENCE N33°33'21"W, along said West Line, a distance of 41.79 feet;
THENCE N89°34'21"E, a distance of 524.06 feet;
THENCE N44°28'05"E, a distance of 157.92 feet to the Westerly Right -of -Way Line of Weld County Road
49;
THENCE S00°38'11"E, along said Westerly Right -of -Way Line, a distance of 76.87 feet, to THE POINT AND
PLACE OF BEGINNING, containing 25,667 Sq.Ft. (0.59 Acres) more or less.
Bearings as shown in the above description are based upon the South Line of Section 36 having a bearing
of S89°34'21"E.
This property is subject to all rights -of -way and easements of whaterver 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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
NUrdPETci :IC05 0 MIA Id 11111
CO PLS 18468
ADDITIONAL ROW
ACQUISITION
JOHN SCHMIDT, JR. &
LOUISE MARIE SCHMIDT
WCR 49
WELD COUNTY, COLORADO
LUCH ETTI
SURVEYING
1975 Prairie Owl Road
F'arker, w tSu138
(303)841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
PROJECT NO.: SRP-26
DATE: 3/30/17
DRAWN BY: MSL (SHEET 1 OF 2
EXHIBIT - A
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All existing ownership.
Rights —of —Way, and
existing easecnent
information has been
provided by Weld County.
EXISTING
NERES CANAL
EASEMENT
TIE — — S42' 31' 55"E
134.78'
S0' 38' 11"E
76.87'
WCR 49
N44' 28' 05"E
157.92'
ADDITIONAL ROW
JOHN SCHMIDT, JR. & TOBEACQUIRED
LOUISE MARIE SCHMIDT 25,6675Q.FT/0.59Acres s
LOTS B, C, & D, RECORDED EXEMPTION
NO. 0965-36-4 RE -4136
PARCEL #0961-36-4-00-004
RECEPTION #3772899
RE -4136
LOT LINE
OVA)
Note: This Exhibit sketch does
not represent a Monumented Land
Survey or Right —of —Way. It is
intended to show the attached property
description only.
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SE Corner Sect. 36,
T5N., R.65W.
S44' 28' 05"W
__- ��98.81'
N89' 34' 21"E
524.06'
CO
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N33' 33' 21"W
41.79'
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/ Basis of Bearing
South Line of
Section 36
589°34'21"W
S89' 34' 21"W
543.21'
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ADDITIONAL ROW
ACQUISITION
JOHN SCHMIDT, JR. &
LOUISE MARIE SCHMIDT
WCR 49
WELD COUNTY, COLORADO
LUCHETTI
SURVEYING
1975 Prairie Owl Road
Parker, C.0 suss
(303)841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
ROJECT NO.: SRP-26cALE:
DATE: 3/30/17 jDRAWN BY MS. (SHEET 2 OF 2
PHOTO EXHIBIT
st i
Alf exis nq ownership,
Fights--of--Woy, and
x•istinq easement
Information ttas .been
rovided r_veld County.
FA"ItiTIN6
NERE,5 CANAL
E 4SEMENT
' ADDITIONAL ROW
JOHN SCHMIDT, JR. & TOBEACQUIRED
LOUISE MARIE SCHMIDT `5eejs .f r.. n.59A`,'e •
LOTS B, C, & D, RECORDED EXEMPTION,
NO. 0965-36-4 RE -4136
PARCEL #0961-36-4-00-004
RECEPTION #3772899
ote: This Exhibit sketch does
of represent a Monumented Land
.t,rvey or Right- of -Way. It is
mended to show the attached property
escription only.
ADDITIONAL ROW
ACQUISITION
JOHN SCHMIDT, JR. &
LOUISE MARIE SCHMIDT
WCR 49
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Carly Koppes, Clerk and Recorder, Weld County, CO
LUCIHIE111
SURVEYING
1975 Prairie Owl Road
ar er,
141-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
ROJECT NO.: SRP-26
DATE: 3/30/17
CALE 1"=100'
DRAWN BY: MSL
NJ�1GI�l�Iid:IM4til���'h'101i�1iN���ILl.1�'Ghi�L'�Y4�d �IIII
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear nn this map may or may not be accurate,
current, or otherwise 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 John Schmidt Jr. and Louise Marie Schmidt on the BOCC Consent Agenda.
The original contract ID # was 2500 and the docket number was 2019-1089.
Cow ^.--(eA°/sS/,w-)
G - as- i9
7f -CV
WARRANTY DEED
THIS DEED made this o2� day of f1/1 Ct , 2019, between John Schmidt Jr. and
Louise Marie Schmidt of the County of WeW State of Colorado, Grantor, and County of
Weld, a body corporate and politic of the State of Colorado whose legal address is 1150
"0" 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 23547 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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
IN WITNESS THEREOF the grantor has executed this deed on the date set forth
above.
Jo Schmidt Jr. IToulse Marie Schmidt
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
nd
The foregoing instrument was acknowledged before me this day of
, 2019, by John Schmidt Jr. and Louise Marie Schmidt.
Witness my hand and official seal.
My commission expires:
CHAD CAMPBELL
Votary Pub!'c
State or Coloraco
otary ID 42019,1004531
My Comm ssion Expr es 02-05-2023 '
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Carly Koppes, Clerk and Recorder, Weld County, CO
I MOM fki'1e;116i1.41i hAri« 10i DV%M Yoh 11111
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 �l� L day of
ATTEST: ddr-AdA)'�
CLERK TO THE BOARD OF
COUNTY COMMISSIONER
OF THE COUNTY OF WE
BY:
eputy Clerk to the Bo
STATE OF COLORADO )
)ss
COUNTY OF WELD )
,2019.
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
Barbara Kirkm -yer, Char
BOARD OF COUNTY
COMMISSIONER JUN 1 C 2019
OF THE COUNTY OF WELD
The foregoing instrument was acknowledged before me this �9 day of
. 2019, by Barbara Kirkmeyer, BOARD OF COUNTY
COM IIISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
Notary PGbli
My commission expires: /O//'//�C-.
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Carly Koppes, Clerk and Recorder, Weld County, CO
111 MI !Wig , I,VATAR VIIWJAiii iitYllh 11111
C IktIOL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
02-o/9- /o?9
EXHIBIT - A
ADDITIONAL RIGHT-OF-WAY
JOHN SCHMIDT, JR. &
LOUISE MARIE SCHMIDT
PARCEL #0961-36-4-00-004
RECEPTION #3772899
A TRACT OF LAND, lying and being situate within Lots B, C, and D, Recorded Exemption No. 0965-36-4
RE -4136, within the Southeast 1/4 of Section 36, Township 5 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
Southeast Corner of Said Section 36 bears 542°31'55"E, a distance of 134.78 feet;
THENCE 544°28'05"W, along said Westerly Right -of -Way Line, a distance of 98.81 feet to the Northerly
Right -of Way Line of Weld County Road 50;
THENCE 589°34'21"W, along said Southerly Right -of -Way Line, a distance of 543.21 feet to the West Line
of Lot D of Recorded Exemption No. 0965-36-4 RE -4136;
THENCE N33°33'21"W, along said West Line, a distance of 41.79 feet;
THENCE N89°34'21"E, a distance of 524.06 feet;
THENCE N44°28'05"E, a distance of 157.92 feet to the Westerly Right -of -Way Line of Weld County Road
49;
THENCE S00°38'11"E, along said Westerly Right -of -Way Line, a distance of 76.87 feet, to THE POINT AND
PLACE OF BEGINNING, containing 25,667 Sq.Ft. (0.59 Acres) more or less.
Bearings as shown in the above description are based upon the South Line of Section 36 having a bearing
of S89°34'21"E.
This property is subject to all rights -of -way and easements of whaterver 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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111 11111
CO PLS 18468
ADDITIONAL ROW
ACQUISITION RW 36)
JOHN SCHMIDT, JR. &
LOUISE MARIE SCHMIDT
WCR 49
WELD COUNTY, COLORADO
LUCH E7T1
SURVEYING
1975 Prairie Owl Road
Parker, t,U 80138
(303)841-2568
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
PROJECT NO.: SRP-26
DATE: 3/30/17
DRAWN BY: MSL
SHEET 1 OF 2
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EXHIBIT - A
All existing ownership,
Rights —of —Way, and
existin-g easement
information has been
provided by Weld County.
EXISTING
NERES CANAL
EASEMENT
TIE - S42" 31' 55"E
134.78'
SO° 38' 11"E
7E. 87'
N44° 28' 05"E
157.92'
JOHN SCHMIDT, JR. &
LOUISE MARIE SCHMIDT
LOTS B, C, & D, RECORDED EXEMPTION
NO. 0965-36-4 RE -4136
PARCEL #0961-36-4-00-004
RECEPTION #3772899
RE 4136
LOT LINE
(typ.)
Note: This Exhibit sketch does
not represent a Monumented Land
Survey or Right —of --Way. It is
intended to show the attached property
description only.
ADDITIONAL ROW
ACQUISITION
RW-36A
JOHN SCHMIDT, JR. &
LOUISE MARIE SCHMIDT
WCR 49
WF[ D COUNTY, COLORADO
25,66
C
1
ADDITIONAL ROW
l TO BE ACQUIRED
75Q .FT /0.59 Acres it
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N89° 34' 21"E
524.06'
co
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0
N33° 33' 21"W
41.79'
LUCHETTI
SURVEYING
1975 Prairie Owl Road
Parker, CU 80138
841-2568
WCR 49
I
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/
SE Corner Sect. 36,
R. 65W.
S44° 28' 05"W
98.81'
i
i
Basis of Bearing
South Line of
Section 36
589°34'21"W
589° 34' 21"W
543.21'
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WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
AT WCR 50
PROJECT NO.: SRP--26
DATE: 3/30/17
DRAWN BY: MSL SHEET 2 OF 2
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existing easement.,.........,. ---
information has been
"provided by Weld County.
ADDITIONAL ROW
JOHN SCHMIDT, JR. & roBEACQUIRED -
LOUISE MARIE SCHMIDT 25,6675Q.FT. /059 Acres
LOTS B, C, & D, RECORDED EXEMPTION?
NO. 0965-36-4 RE -4136
PARCEL #0961-36-4-00-004 i
RECEPTION #3772899 1
Note. This Exhibit sketch does
not represent a Monumented Land
Survey or Right —of --Way. It is
intended to show the attached property
escription only.
REAL PROPERTY TRANSFER DECLARATION
(TD -1000)
GENERAL INFORMATION
Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair
and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes
(C.R.S.).
Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for
recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the
grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S..
Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and
recorder notifies the county assessor who will send a notice to the buyer requesting that the Declaration be returned within thirty
days after the notice is mailed.
If the Real Property Transfer Declaration is not returned to the county assessor within the thirty days of notice, the assessor may
impose a penalty of $25.00 or 0.025% (0.00025) of the sale price, whichever is greater. This penalty may be imposed for any
subsequent year that the buyer fails to submit the Declaration until the property is sold. Refer to 39-14-102(I)(b). C.RS.
Confidentiality: The assessor is required to make this Real Property Transfer Declaration available for inspection by the buyer.
However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer
Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law.
Refer to 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S.
1. Address and/or legal description of the real property sold. Please do not use P.O. Box numbers.
23547 County Road 50
2. Type of property purchased: X Single Family Residential Townhome Condominium Multi -Unit Res
_Commercial Industrial _Agricultural Mixed Use pVacant Land Other
3. Date of closing:
Month
to'q
Day Year
Date of contract if different than date of closing:
Month
Day Year
4. Total Sale price, including all real and personal property.
$1.000.00
5. Was any personal property included in the transaction? Personal property would include, but is not limited to,
carpeting, drapes, appliances, equipment, inventory, furniture. If the personal property is not listed, the entire
purchase price will be assumed to be for the real property as per 39-13-102, C.R.S.
Yes X No If yes, the approximate value$ Describe
6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the
approximate value of the goods or services as of the date of closing.
Yes X No If yes, value $
If yes, does this transaction involve a trade under Section 1031? Yes No
7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased.
Yes X No If no, interest purchased less than 1% approx.
8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties
include persons within the same family, business affiliates, or affiliated corporations.
Yes X No
9. Check any of the following that apply to the condition of the improvements at the time of the purchase.
New Excellent Good Average Fair Poor Salvage.
If the property is financed, please complete the following.
10. Total amount financed: $
11. Type of financing:
New
Assumed
Seller
Third Party
Combination;
Explain
12. Terms:
Variable; Starting interest rate
_Fixed; Interest rate
Length of time years
Balloon payment Yes No. If yes, amount Due date
13. Please explain any special terms, seller concessions, or financing and any other information that would help
the assessor understand the terms of the sale.
N/A
For properties other than residential (Residential defined as: single family detached, townhomes, apartments and condominiums)
please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete.
14. Did the purchase price include a franchise or license fee? Yes X No
If yes, franchise or license fee value? $
15. Did the purchase price involve an installment land contract?
If yes, date of contract
Yes X No
16. If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer
prior to closing? Yes X No
Remarks: Please include any additional information concerning the sale you may feel is imporortant:
Weld County is the buyer. This is not a market transaction.
-
17. Signed this dday of /144--11
, 2019
Enter the day, month and year, have at least one of the parties to the transaction sign the document, and include an
address and daytime telephone number. Please designate whether buyer or seller.
'PAPt Vi.eirs;oi'k9". c-4zttie.e4Li firn'A/
Signature of Grantee (Buyer) or Grantor (Seller) X
18. All future correspondence (tax bills, property valuations,etc.) regarding this property should be mailed to:
Weld County, Colorado
Address (mailing) Daytime Phone
1150 O Street, Greeley, CO 80631
City, State and Zip Code
PUBLIC WORKS
DEPARTMENT
1111H STREET
P.O. BOX 758
GREELEY, COLORADO
wi GOUN t r
Project: SRP 26
Location: WCR 49
Parcel:
Project Code
Name: John Schmidt Jr. and Louise Marie Schmidt
CLOSING STATEMENT AND RECEIPT
Q Acquisition
El Relocation
Closing Statement: (completed by Right of Way Agent)
Check Number:
#6 3 6 9
Check Amount:
$40,000.00
Agreement dated:
I certify that on this date, I delivered the above check to John Schmidt Jr. and Louise
Marie Schmidt, which is in full compliance with the terms of the Agreement for the
above -mentioned ject an rcel(s).
Signature
Date
LC 02 O
Title wit- D i t% - egt-
yV%
Receipt: (completed by property owner, tenant or representative)
I, John Schmidt Jr. and Louise Marie Schmidt, the undersigned named in the Agreement
referred to above, do hereby acknowledge receipt of the check issued to me in full
compliance with the terms of said Agreement.
Name (print)
John Schmidt Jr. and Louise Marie Schmidt
Signature
QoAtAdernA;d/ii-
Date
6-1,2 lig
Signature
c -M
Date
c/g/1g
Cl I certify that I am occupying a decent safe and sanitary dwelling (check if applicable)
T:\Closings\Weld County\Weld County Road 49\Schmidt\Closing statement and receipt.docx
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