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Home My WebLink About20191789RESOLUTION 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 - JACOB AND ELLEN KERBS LIVING TRUST 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 Jacob and Ellen Kerbs Living Trust, 5500 County Road 34, 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 Jacob and Ellen Kerbs Living Trust, 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. I RG�'(dC.I)l�.�tic�t), 2019-1789 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 - JACOB AND ELLEN KERBS LIVING TRUST 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, COLpRADO ATTEST: dettiteA) ;41 Weld County Clerk to the Board APPR• ED AS TO F arbara Kirkmeyer, Chair Mike Freeman, Pro-Tem Date of signature: n -ICI- lq Steve Moreno 2019-1789 EG0076 Go o, k� aL l MEMORANDUM TO: Clerk to the Board DATE: April 18, 2019 FROM: Tiffane Johnson, Public Works Dept. SUBJECT: Agreement for Purchase of Purchase of Property for Public Road Improvements RE: Jacob and Ellen Kerbs— Weld County Road 34 and 13 Improvement Project Please accept this Agreement for Purchase of Certain Property for Public Road Improvements Jacob and Ellen Kerbs and Weld County for necessary improvements to the CR 34/13 Intersection. 2019-1789 £Gap's LQ 51g AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN JACOB AND ELLEN KERBS LIVING TRUST AND WELD COUNTY, COLORADO ril' THIS AGREEMENT is made this 0 day of , 2019, by and between JACOB AND ELLEN KERBS LIVING TRUST, whose address is 00 Weld County Road 34, Platteville, CO 80651, hereinafter collectively referred to as "Owner," and WELD COUNTY, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WHEREAS, Owner owns a parcel of real property containing the property described in the attached Exhibit A (hereinafter referred to as ("Right -of -Way" or ROW), and property described in the attached Exhibit B ("Temporary Construction Easement" or TCE), which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 13 and Weld County Road 34, which will include widening the roadway for the addition of turn lane and replacement of two bridges with a concrete box culvert (hereinafter referred to as the "Project"), and WHEREAS, Owner wishes to cooperate with County in completing the Project. NOW, THEREFORE, the parties herein agree as follows: 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 Six Thousand Five Hundred Dollars, ($6,500.00). 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 One Thousand, Eight Hundred Twenty Dollars, ($1,820.00). b. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit B for the sum of Four Hundred of 11 88544 Pages: 05/13/2019 11:22 A 1 M RFee:$0.00 $0.00 Carly K.r1p' Clerk and iaRecorder, , N ignil Weld I �l�l �� I II o�o1q/719 Page 2 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN KERBS LIVING TRUST AND WELD COUNTY, COLORADO Ninety -Four Dollars, ($494.00). c. County agrees to pay owner a signing incentive of Six Hundred Ninety -Four Dollars, ($694.00) provided agreement is executed and returned to County by April 15, 2019. d. County agrees to pay Owner Three Thousand, Four Hundred Ninety -Two Dollars ($3,492.00) as a cost to cure to maintain the construction schedule. 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. 2. Owner shall not interfere with County's authorized use of the TCE during the term of the TCE. V. CLOSING 1. County shall not be liable for any encumbrance associated with the Property prior to the date of closing. Owner shall pay any encumbrance associated with the Public Road Right - of -Way and the Temporary Construction Easement which is required to be paid, including, 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. 4488544 Pages: 2 of 11 05/13/2019 11:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 ii&EY Kyailirri 'lli WO lid 11111 Page 3 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN KERBS LIVING TRUST AND WELD COUNTY, COLORADO 2. County shall at closing pay for the cost of obtaining title insurance if County elects to obtain title insurance for the Property. 3. County shall at closing pay all fees associated with recording this Agreement, the Temporary Construction Easement, and/or the Deed of Dedication. VI. MISCELLANEOUS: 1. This Agreement and the conveyance of the Property made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. No oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included 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 4488544 Pages: 3 of 11 05/13/2019 11:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III Page 4 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN KERBS LIVING TRUST AND WELD COUNTY, COLORADO 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 and gates 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 15, 2019 to being 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. 3. County agrees to fill and compact all holes left from removal of temporary fence posts. 4. County agrees to replace gate in an adequate location to allow for a truck and trailer to pull entirely off County Road for Owner to open gate safely. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: /C._ ev /Jacob Kerbs Ellen Kerbs ATTEST: Weld • u tyClerk to the B . . rd WELD COUNTY, CO ORADO BY: Deputy Cl ' k to e Boa ;'��j `� �n / '� ara Kirkmeyer, hair MAY 082O8 4488544 Pages: 4 of 11 05/13/2019 11:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO 11111 BOARD OF COUNTY COMMISSIONERS 2o/9- /7r9 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 -B OF AMENDED RECORDED EXEMPTION NO. 1207-13-1 AMRE-3776 (AMRE-3776) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3258889 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF LOT -B OF SAID AMRE-3776 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 12,358.36 sf. OR 0.28 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION JACOB & ELLEN KERBS LIVING TRUST WELD COUNTY, COLORADO 4488544 Pages: 5 of 11 05/13/2019 11:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 (SCALE: DATE:10-04-18 DRAWN BY: DRII SHEET: I of 2 EXHIBIT -A JACOB & ELLEN KERBS LIVING TRUST PARC.# 120713100091 RECP #3593539 LOT-B/AMRE-3776 RECP.03258889 S/3- /'3,N-R6,k14' ELLOITT iamem RW-10 PROPOSED ROW 12,358.36 sf.±/0.28 ac.± NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MON UMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WALLACE RIGHT OF WAY ACQUISITION RW-10 JACOB & ELLEN KERBS LIVING TRUST WELD COUNTY, COLORADO 4488544 Pages: 6 of 11 05/13/2019 11:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO MY'Ilia II i 16111 i5.1PLIO'Ii iil kJ, 11111 COR. 1 S13-T3N-R68W kr' 2" ALUM. CAP ON #6 RBR. ILLEG. IN MON. BOX EMI ■ ICI 1 4 -H N • hi S/8 -1.3N -R6 70' BALLINGER 1/4 COR. ■ 1 S13-T3N-R68W 2"ALUM. CAP ON #6 RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 I SCALE: 1"=200 DATE:10-04-1 8 DRAWN BY: DWI SHEET: 2 of 2 DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this_ day of , 2019, between Jacob and Ellen Kerbs Living Trust (referred to herein as "Grantor", whether one or more), whose address is 5500 Weld County Road 34, 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. GRANTORS: Jacob Kerbs Ellen Kerbs 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). 4488544 Pages: 7 of 11 05/13/2019 11:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liltIli Ill III EXHIBIT -B 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 -B OF AMENDED RECORDED EXEMPTION NO. 1207-13-1 AMRE-3776 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3258889 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 THE NORTHEAST ONE -QUARTER OF SAID SECTION 13 AS BEARING SOUTH 00'17'08" 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 THE NORTHEAST ONE -QUARTER OF SAID SECTION 13, SOUTH 00'17'08" EAST A DISTANCE OF 943.84 FEET TO A POINT ON THE SOUTH LINE OF LOT -A OF 1207 -13 -1 -RE -1217 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2200388; THENCE DEPARTING SAID EAST LINE AND ALONG THE SOUTH LINE OF LOT -A OF SAID RE -1217 SOUTH 89'42'37" WEST A DISTANCE OF 40.00 FEET AND BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH LINE SOUTH 00'17'08" EAST A DISTANCE OF 1235.93 FEET TO A POINT ON THE NORTH LINE OF LOT -A OF 1207 -13 -1 -RE -1888 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2501453; THENCE ALONG THE NORTH LINE OF LOT -A OF SAID RE -1888 SOUTH 88'49'28" WEST A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID NORTH LINE NORTH 00'17'08" WEST A DISTANCE OF 856.19 FEET; THENCE SOUTH 89'42'52" WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 001 7'08" WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 89'42'52" EAST A DISTANCE OF 50.00 FEET; THENCE NORTH 00'17'08" WEST A DISTANCE OF 279.89 FEET; THENCE SOUTH 89'42'37" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 00'17'08" WEST A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH LINE OF LOT -A OF SAID RE -1217; THENCE ALONG SAID SOUTH LINE NORTH 89'42'37" EAST A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 16,360.12 sf. OR 0.38 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-10 JACOB & ELLEN KERBS LIVING TRUST WELD COUNTY, COLORADO 4488544 Pages: 8 of 11 05/13/2019 11:22 AM R Fee:$@.00 Carly Koppes, Clerk and Recorder, Weld County, OD VIII1 �1l:�'a4Pul; �4'6�ii�'l�:�+I�'i1��iy1L it «hI' 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: DATE: I0-03-18 DRAWN BY: DRH SHEET: I of 2 EXHIBIT -B P O.C.-NE COR. ��-S13-T3N-R68W ELLOITT 2" ALUM. CAP ON LOT -A RE -1217 REC#2200388 � IN RBR. ILLEG. IN MON. BOX TPO1 N89'42'37"E 40.00 rn l ld141Li 1100'17'08"W 50.00—i►- S89'42'37"w 40.00 S89'42'37"W 30.00 NE !'4 S!3-T3N-R68W N89'42'52"E 50.00 NO0'17'08"W 50.00 S89'42'52"W 50.00 TCE- 10 PROPOSED TCE 16,360.12 sf.±/0.38 Gc.± JACOB & ELLEN KERBS LIVING TRUST PARC.# 1207 1 3 1 00091 RECP 113593539 LOT-8/AMRE-3778 RECP.#3258889 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. b TEMPORARY CONSTRUCTION EASEMENT ACQUISITION TCE-10 JACOB & ELLEN KERBS LIVING TRUST WELD COUNTY, COI.ORADO 4488544 Pages: 9 of 11 05/13/2019 11:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO rmEmmumonld • S88'49'28"W 10.00' WALLACE LOT -A RE -1888 REC#2501453 ld GOUN1'Y 3 10' rn •- I i 4, / -col S'J.'v k ?[I. ri CO N r O 1 1 O 1 r O II BALLINGER 80' ROW RD.BK.2/PG.31 OCT. 8, 1875 R0100/41 1/4 COR. S13-T3N-R68W 2"ALUM. CAP ON #6 RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE: 1"-200 DATE: I0-03-18IDRAWN BY: DRHJSHEET: 2 of 2 11111 lIrjtaP' I i III GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Jacob and Ellen Kerbs Living Trust, (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: l . The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two (2) years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors, guests, invitees, and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. County agrees that any current access to the property from the Right -of -Way shall remain open throughout the term of the TCE. 5. Owner shall not, during the term of this Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit A which may interfere with County's full enjoyment of the rights hereunder; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's temporary reasonable and proper use of said easement. GRANTOR: Ellen Kerbs 4488544 Pages: 10 of 11 05/13/2019 11:22 AM R Fee:$0.@0 Carly Koppes, Clerk and Recorder, Weld County, Co r'iriL1+ 414 Bill 1 4488544 Pages: 11 of 11 05/13/2019 11:22 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder; Weld County. CO i Eliirairl i'f -�� ' ." ' . , IJ�'I ��i., ��i �I.I1X, "III MEMORANDUM TO: Clerk to the Board DATE: February 11, 2020 FROM: Tiffane Johnson, Public Works Dept. SUBJECT: Consent Agenda RE: Jacob and Ellen Kerbs- Weld County Road 34 and 13 Improvement Project Agreement for Purchase Docket 2019-1789 Acceptance of Deed of Dedication for Public Road Right of Way. 0-01Wcint Ordat, 031 OatD-O C,r/ fp Ci/s) 0 31IFsl0-O , ocq-fl 9 aGGOiG DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made thitelay of v_Z4, between Jacob and Ellen Kerbs Living Trust (referred to herein as "Grantor", whether one or more), whose address is 5500 Weld County Road 34, 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. o�o a� o 2 1 •:3 44. o v o TILL 0—E maim. - ea. R A- rot O.N 0Z m m■1 el Si ELW NN0 N�).M •meal ,GRANTORS: co cob Kerbs Ellen Kerbs STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 2019, by Jacob Kerbs and Ellen Kerbs. I izte iL anonVsaakoe NOISSIIVIOUVI Lemon= Of ANVION O0VIio1o0 AO 3LV1S mend AZIVLON Mo.ueg-zepueueH augenboer Witness my hand and official seal. 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 thisc day of .2A.2O 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). 1 /719" 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 -B OF AMENDED RECORDED EXEMPTION NO. 1207-13-1 AMRE-3776 (AMRE-3776) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3258889 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF LOT -B OF SAID AMRE-3776 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 12,358.36 sf. OR 0.28 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION JACOB & ELLEN KERBS LIVING TRUST WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 DATE:10-04-18 SCALE: DRAWN BY: DRHJSHEET: 1 of 2 4572323 Pages: 2 of 3 03/05/2020 01:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 INrJAVG IiqI#1''Ei liihef'Ghl4 II EXHIBIT -A ELLOITT 60m --NE COR. I : S13-T3N-R68W 2" ALUM. CAP ON � #6 RBR. ILLEG. •a I , IN MON. BOX ICI I JACOB & ELLEN KERBS LIVING TRUST PARC.# 120713100091 RECP.#3593539 LOT-8/AMRE-3776 RECP.#3258889 RW-1Q PROPOSED ROW 12,358.36 sf.±/0.28 ac.± NE 1/4 S13-T3N-R68W 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-10 JACOB & ELLEN KERBS LIVING TRUST WELD COUNTY, COLORADO 4 I • I I NW 1/4 S18-T3N-R67W BALLINGER ROW ■ •r ROW MWOUALM I I •m00/4I ISM • 1/4 COR. S13-T3N-R68W 2"ALUM. CAP ON RBR. STAMPED HASCALL PLS#23500 (1996) IN MON. BOX #6 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 34 & 13 INTERSECTION PROJECT PROJECT NO: SRP-31 SCALE:1"=20O DATE:10-04-18 DRAWN BY: DRH SHEET: 2 of 2 4572323 Pages: 3 of 3 03/05/2020 01:23 PM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County, CO II wIANN:1 0 W h "III Hello