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Home My WebLink About20192369.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY BY WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD BRIDGE 44/33A AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - CLARENCE CARLSON AND THE ESTATE OF VIOLET JUNE CARLSON 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 by Warranty Deed and Temporary Construction Easement for Certain Improvements to County Road Bridge 44/33A 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 Clarence Carlson and the Estate of Violet June Carlson, 16894 County Road 44, 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 by Warranty Deed and Temporary Construction Easement for Certain Improvements to County Road Bridge 44/33A 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 Clarence Carlson and the Estate of Violet June Carlson, 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. co: PojCcPimc/ SSI E.R (CI -I), GAC TC BGfCc O7(01 (1 9 2019-2369 EG0076 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY BY WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD BRIDGE 44/33A - CLARENCE CARLSON AND THE ESTATE OF VIOLET JUNE CARLSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of June, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL•RADO ATTEST: Weld County Clerk to the Board eputy Clerk to the Board y Attorney Date of signature: OCDIG8119 arbara Kirkmeyer, •hair Mike Freeman, Pro-Tem teve Moreno 2019-2369 EO0076 LuNkfatkI f BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: ROW Agreement for Carlson Property — Bridge 44/33A Replacement Project DEPARTMENT: PW DATE: 5/16/19 PERSON REQUESTING: Cameron Parrott Brief description of the problem/issue: This agreement is for right-of-way needed to accommodate the replacement of bridge 44/33A. Weld County will acquire 2 small pieces of ROW (0.016 and 0.059 acres) and 0.033 acres of temporary construction easement from the landowner on the southeast corner of the canal crossing. This acquisition is on an agriculture property. The compensation for these two pieces of ROW and the temporary construction easement will be $2,950.00. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Approve ROW Acquisition Agreement o $2,950 total cost • Deny the ROW Acquisition Agreement Recommendation: Staff recommends approving this 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 Recommendation Work Session Schedule Other/Comments: 2019-2369 aGoO-iCo 1,41 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY BY WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO BRIDGE ON WCR 44/33A BETWEEN CLARENCE A. CARLSON AND THE ESTATE OF VIOLET JUNE CARLSON AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of 2019, by and CLARENCE A. CARLSON AND THE ESTATE OF VIOLET J E CARLSON, whose address is 16894 County Road 44, La Salle, CO 80645, hereinafter collectively 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 1 150 '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" & "B" (hereinafter referred to as "Public Road Right -of -Way"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C" (hereinafter referred to as ("hemporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve the bridge at Weld County Road 44/33A (hereinafter "Bridge") which will involve the replacement and reconstruction of said Bridge, (hereinafter referred to as "Improvement Project'. (the "Project"), and WHEREAS, County requires the parcel of Public Road Right -of -Way for the benefit of County in order to complete a portion of said Project, and WHEREAS. County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Project. NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Public Road Right -of -Way as shown and/or described on Exhibit "A" & "B" copies of which are attached hereto and made a part hereof by this reference, for the sum of Two Thousand Eight Hundred Dollars, (52,800.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements as shown and/or described on Exhibit "C" copies of which 4500770 Pages: 1 of 14 06/26/2019 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II nt ihr PurCflu,e.dnc 02.919-36,9 are attached hereto and made a part hereof by this reference. for the sum of One Hundred Fifty Dollars, ($150.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. Owner warrants that they are the Owner of the Public Road Right -of -Way and the Temporary Construction Easement and will defend title thereto against all claims. 4. Owner agrees to grant the Public Road Right -of -Way by Warranty Deed, in the form attached hereto as Exhibit "A" & "B", free and clear of all liens and encumbrances. except existing easements. 5. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims. except existing easements. 6. Owner shall not, during the term of the Temporary Construction Easement, erect or construct. or allow to be erected or constructed, any building or other structures on the property described in Exhibit "C" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 7. The Temporary Construction Easement shall commence upon County's contractor entering the property and shall terminate one (1) year from date of entry or upon the completion of the Project, whichever is earlier. 8. Owner shall retain the mineral estate under the Public Road Right -of -Way and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Road Right -of -Way and Temporary Construction Easement. 9. Owner shall deliver the fully executed Warranty Deed for the Public Road Right -of - Way at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 10. 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 Warranty Deed to the 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. 4500770 Pages: 2 of 14 06/28/2019 10:54 AM R Fee:$0.00 Carly Koppel, Clark and Recorder, Weld County, CO fOrdn'thilICIvilliraMIIINitkilidlyi, "Ill Q: SEII C1494 - WCR 44 BRIDGEC:ARI_SO\..OFFER \greemcnt for Purchase.doc COUNTY'S RIGHTS AND RESPONSIBILITIES: 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 and Temporary Construction Easement. 2. County shall pay all fees associated with recording this Agreement and/or Warranty Deed 3. County shall pay Owner for the Public Road Right -of -Way and the Temporary Construction Easement, by County warrant(s) at the date of closing. MISCELLANEOUS: Following the closing, it is expressly agreed by the parties hereto that County, its contractors, agents, employees and all others deemed necessary' by County, shall have the irrevocable right to possess and use said Public Road Right -of -Way and the Temporary Construction Easement for the purposes of constructing the Project, and for its daily operation, access and maintenance. These conveyances shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Public Road Right -of -Way and the Temporary Construction Easement as may be useful and necessary This Agreement and the transfers of the Public Road Right -of -Way and the Temporary Construction Easement 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. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 4. No term or condition of this contract shall he 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 §24-10-10I et seq.. as applicable now or hereafter amended. 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 terns herein contained shall be binding on either party, or its agents or employees. 6. 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, 4300770 Pages: 3 of 14 06/26/2019 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII IrdL'iNidliniielliNWI NM 144i 1I II1 R 44 13RIDGE C'ARLSO", OFFER.Agrccment for Purchase.doc 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. 7. 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. 8. This transaction shall he governed by and constructed in accordance with the laws of the State of Colorado. [REMAINDER. OF PAGE INTENTIONALLY LEFT BLANK] 4500770 Pages: 4 of 14 06/26/2019 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ili Mk "Ill Q:SEH-CI49N4 - WCR 44 BRIDGE,C'AR. SOS' OEFE.R'Agreement frrrPurchase.doc IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: CLARENCE A. CARLSON AND THE ESTATE OF VIOLET JUNE CARLSON CLARENCE A. CARLSON THE ESTATE OF VIOLET JUNE CARLSON By: Clarence A. Carlson Date: ATTEST: Weld BY davit& w Jd40;ti ty Clerk to the : oard 4500770 Pages: 5 of 14 08/28/2019 10:54 AM R Fee:$0,00 Carly Koppel, Clerk and Recorder, Weld County, CO VIII I��.r�:'�rli'L I�i�'h4��Lti�P� API ��I� k��tiW�h 1I II 1 Its: Date: fr. '.- // /7 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 56 _ arbara Kirkmpyel{, Chair 2 r" 1mer v . e 9 Q:\SEH,Cl49#4 - WCR 44 BRIDGE\CARLSON,OFFERvAgreement for Purchase.doc 2Zo/9- a3&9 EXHIBIT A Sheet 1 of 3 WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-1 (EXHIBIT "A") STA. 13+23.5 Rt. to STA. 13+64.4 Rt. FROM Clarence A. and Violet lune Carlson 16894 County Road 44 La Salle, CO 80645 FOR Project Code: 20826 Project Number: BRO C030-070 Weld County Bridge 44/33A Replacement Project Project Location: WCR 44 just west of WCR 35 4500770 Pages: 6 of 14 08/26/2019 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I�r�IL�j h+>'�«N •�ir�l�'iKK�� ikM'�iilti�l iI II Sheet 2 pH EXHIBIT 'A PARCEL NUMBER: EW-I PROJECT CODE: 20826 PROJECT NUMBER: BED 0030 071' DATE: August 08, 2018 DESCRIPTION A tract or parcel of land No. RW-1 in the County of Weld, State if (Colorado, Project Lode 20026, Project No. 3RrD 0030-070, containing 0.016 acres, more or lass, in the nor:heastone- quarter )NE1; 4) it Section 23, Township 4 No ire. Range 60 West, at the 6ti•: n o gal 'deridi so, cou.nty veld County, State of Colorado, also being a nart ot Lot B, RE7X1 , L172, Weld County Records, described as follows: COMMENCING at the northeast (NE) corner of said Section, 23; Thence South 87'20'15" West a distance of 1176.74 feet, to a point on the soutn Right 01 line of WOE 44, also neing the 7RIIE POINT OF s !,INNING: 1. Thence South 00'40'54' East a distance of 35.00 feet; Thence parallel with said south Right of -Wily line, South 131 11'55" ltVest a distance of 40.87 feet, to a point on the westerly line of said Lot B; 3. Thence along said westerly line. North 48'36'55- Cast .distance of 53.,5 feet to the TRJP. POINT Or BEGINNING. 1'he above desc r ived parcel contain, 715 sr,. ft f) t' 16 acres pir-ir ';r less. Basis of Bearings; All bearings are based on the north line of the northeast on ;carter (NE I '1) nfsaid Section 23 as heating South 89. ' 7.57 West a distance of 2655 31 feet _ irrnm the said northeast corner, an alloy cap P0S 72.2 'r' the north quarter ter- corner, an alloy can PI.S 38213. y.K(ty' 38377 • For and on the Behalf of Weld County Scott I. Klinker, PLS 38377 12640 West Cedar Drove, Suite F Lakewood, CO 80228 4500770 Pages: 7 of 14 06/28/2019 10:54 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 1)rdli KIMONO, YONII !VII #IV+III ik 11111 S ILET 3 OF 3 EXHIBIT A PARCEL NUMBER RW-1 PROJECT CODE: 20825 PROJECT NUMBER. BRO C030-070 DATE. August 8, 2018 \VCR 35 a 7 0 'I 4N, 1Z66\ ' EXHIBIT B WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-2 (EXHIBIT' A') STA. 12+47.8 Rt. to STA. 13+64.4 Rt. FROM Clarence A. and Violet June Carlson 16894 County Road 44 La Salle, CO 80645 FOR Project Code: 20826 Project Number: BRO C030-070 Weld County Bridge 44/33A Replacement Project Project Location: WCR 44 just west of WCR 35 4500770 Pages: 9 of 14 06/28/2019 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iyi, 11111 Sheet 1 of 3 Sheet 2 of EXHIBIT B PARCEL NUMBER: RW-2 PRO]ECT CODE: 20826 PROJECT NUMBER: BRO C030-070 DATE: August 08, 2018 DESCRIPTION A tract or parcel of ]and No. RW-2 of the County c` Weld, State cf Colorado, Project Code 20826, Project No. FRO 0030-070, containing 0.059 acres, more or lless, in the northeast one - quarter (NE114J of Section 23, 'Township 4 North, Range 66 West, of the 6th Principal Meridian, County Weld County, State of Colorado also being a part of Lot D, RECX15-0172, Weld County Records, described as follows: COMMENCING at the northeast (NE) corner of said Section 23: Thence South 8720'15' 15 West a distance of 876.74 feet, to a point on the south Rig`t Way line ofWCR 44, also being the TRUE POINT OF PEGIN ING: T, :e along the easterly lino of so r. _mot D South 4p-39'55' West e. distance of 53.75 feet; 2. Thence parallel with said south Right -of -Way line South 89"17.85—A: Ihest a distance of 75.67 feet, to a point on the ivesteriv line of said Lot D; 3 Thence. :along said ce,-er]}line, Nerth51`1„38 Fast a distance of56.8 eet to a point cn said south Right-ot-IA'ay line; 4. Thence along said south Rant -of Way !toe North 89'17'85' East a distance of -1.66 teet to the TRIP POINT OF BEGiNlii.lJNG, Tate above described parcel contains 2,578 sq. .0155 acres, more or less. Basis of Bearings: All bearings are based on the north line of the northeast one quarter NE1,/4) of said Section 23 as bearing South 89°17'55- West a distance of 2655.31 feet from the said northeast carnet, an airy car. P1.8 7242 to the north q'.r:rter corner, an '::'v cap PLS 38213. : • 38377 /J/uti� HIAt\O' For and en the Behalf of Weld County Scott J. Klinker, PLS 38377 12640 West Cedar Drive, Suite IT Lakewood, CO 80228 4500770 Pages: 10 of 14 08/26/2019 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Div IiVrdRi1:14145r11%) 1,14DINVA 1 31 EET3OF3 EXHIBIT B PARCEL NUMBER RW-2 PROJECT CODE: 20826 PROJECT NUMBER: BRO C030-070 DATE: August 8. 2O18 `,VCR 35 4 IC c o =U J MI - VG 3ME= Bp •S O.8 .� LL 0 la gr4 as - -- Y n.in • A U mil N � a _ 0fCL NNo`� NAY GIN> w 4000MM WCR 44 (60' Row) '= rt r 7 7 C Z 7 Sheet 1 of 3 EXHIBIT C WELD COUNTY TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED Parcel Number: TCE-1 (EXHIBIT "Al') STA. 13+64.4 Rt. to STA. 14+25.0 Rt. FROM Clarence A. and Violet June Carlson 16894 County Road 44 La Salle, CO 80645 FOR Project Code: 20826 Project Number: BRO C030-070 Weld County Bridge 44/33A Replacement Project Project Location: WCR 44 just west of WCR 35 4500770 Pages: 08/28/2019 10:54 12 AMCarly Kopoes, Clerk and Recorder, Weld County, CO RFee $0.00 Sheet 2 EXHIBIT C PARCEL NUMBER: TCE-:I PROJECT CODE: 20826 PROJECT NUMBER: BRO C030-070 DATE: August 08, 2018 DESCRIPTION A tract or parcej of land No. TCE-1 of the County of Weld, State of Colorado, Project Code 20826, Project No. BRO CO30-070, containing 0.033 acres, more or less, in the northeast one - quarter (NE1/ 4) of Section 2.3, Township 4 North, Range 66 West, of the 6th Principal Meridian, County Weld County, State of Colorado, also being a part of Lot B, RECX15-01'2, Weld County Records, described as follows: COMMENCING at the northeast (NE) corner of said Section 23; Thence South 87°30'15''' West a distance of 876.7'4 feet, to a poin.t on the south Right -of -Way line of WCR 44, also being the TRUE POINT OF BEGINNING; Thence along said south Right -of -Way line, North 89'17'55' East a rice of 50.65 feet; 2. Thence South 00°49'54" East a distance of 24.00 feet; 3. Thence parallel with said south Right -of -Way line South 49°1.7'5= West a distance of 60.65 feet; I. Thence North 00'49'54' :Ve°t a cLstance of 24.00 feet to the TRUE. POINT 1)f BEGINNING. The above described parcel contains 1.456 sq. Pc or 0.033 acres, more or less. Basis of Bearings: All bearings are based on the north line of the northeast one -quarter (NE1/4) of said Section 23 as hearing South 89°17'55" West a distance of 2655.31 feet from the said northeast corner, an alloy cap PLS 7242, to the north quarter corner, an alloy cap PLS 38213. For and on the Behalf of Weld County Scott 1. }<Iiniter, ?TS 3p377 12640 West Cedar Drive, Suite F Lakewood, CO 80228 4500770 Pages: 13 of 14 06/28/2019 10:54 AM R Fee:$0.00 Carly Koppel, Clark and Recorder, Weld County, CO 11111 SHE:: . 37 3 EXHIBIT C PARCEL NUMBER TCE-1 PROJECT CODE: 20826 PROJECT NUMBER: BRO C030-070 DATE: Augast 8, 2013 WCR 35 WCR 44 «o ROW, i 4500770 Pages: 14 of 14 08/26/2019 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO 1111 PI.r VkVIVIIMIPA'I 4 WIRI 4i iiitt,i 1I II 1 O Colorado Department of Transportation 10601 W 10th Street Greeley, CO 80634 Phone: 970-350-2161 Region 4 Right of Way PTS Sheet Revisions Description Initials Weld County Public Works Department P.O. Box 758 Greeley, CO 80632-0758 Phone: (970) 356-4000 Fox. (970) 304-6497 fra, SEH Short Elliott Hendrickson, Inc. Address. 12640 West Cedar Drive, Suite F Lakewood, Colorado 80228-2029 Phone: (303)586-5800 sehinc.com Right of Way Plans Ownership Sheet Project Number: BRO C030 0/0 Project Location: WELD COUNTY ROAD 44 Protect Code. 19744 Lost Mod Date 08-01-18 Subset I Sheet No. I Total Sheets 6.01 of 6_01 6 01 8of 8 SE1/4 SEC. 14 T4N, R66W DINNER PECKHAM JUNCTION FARM LLC REC. NO. 3895488 PARCEL 10571400059 CLAUSEN, BRET & CHERYL REC. NO. 2322593 PARCEL 1057231000059 LOT D -Ecx i 5-oi r2 CTCE-44 WELD COUNTY ROAD 44 RW 3) CARLSON, VIOLET JUNE & CLARENCE A. REC. NO. 1814799 PARCEL 105723100006 CARLSON, VIOLET JUNE & CLARENCE A. REC. NO. 1814799 PARCEL 105723100004 NE1/4 SEC. 23 T4N, R66W LOT A RE 850 1 WELD COUNTY ROAD 35 Contract Form New Contract Request Entity nfor rr ation Entity Name* CARLSON, CLARENCE Entity ID* C 40910 Contract Name* AGREEMENT FOR THE PURCHASE OF ROW AND TEMP CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO BRIDGE 44/33A Contract Status CTB REVIEW Contract ID 2758 Contract Lead* CPARROII Parent Contract ID Requires d YES Contract Lead Email Department Project cparrott@co.wed ,co us GR-33 Contract Description * AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY BY WARRANTY DEED AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO BRIDGE 44/33A BETWEEN CLARENCE A. CARLSON AND THE ESTATE OF VIOLL I JUNE CARLSON AND WELD COUNTY; COLORADO Contract Description 2 Contract Type AGREEMENT Amount X2.950.00 Renewable * NO Automatic Renewal NO Grant IGA Went PUBLIC WORKS nt Email CM- PublicWorks@weldgov{ corn rtrrtent Head Email CM fublicWorks- DeptHead@weldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD .CO.US Requested BOCC Agenda Date* 06/05/2019 Due Date 06/01/2019 Will a work session with BOCC be required? NO Does Contract require Purchasing Dept. to be included? NO if this is a renewal enter previous Contract ID If this is part of a AMA enter MSA Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Ongase Contract Dates Effective Date Termination Notice Period Review Date* 05/05/2020 Renewal Date Expiration Date* 06f05/2020 Contact Information Contact Info Contact Name Purchasing rchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date D6/1012019 Final Approval BOCC Approved YES BOCC Signed Date 06/24/2019 BOCC Agenda Date 06/24/2019 Originator CPARR©TT Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date finance Approved Date D6/11/2019 Tyler Ref # RECORDING Legal Counsel KARIN MCDOUGAL Legal Counsel Approved Date 06117.2419 MEMORANDUM TO: Esther Gesick, CTB DATE: July 18, 2019 FROM: Cameron Parrott, P.E., Public Works SUBJECT: Acceptance of Carlson Warranty Deed for Public Highway Right -of -Way for the Bridge 44/33A Replacement Project Please place the attached Warranty Deed and acceptance form on the next available BOCC Consent Agenda. The original contract ID # for the Carlson agreement was 2758 and the docket number was 2019-2369. cc,t Pc.W C CPj O9/o5119 Page I of 1 t)Q tive jects\Bridge -33A\Design\ROW\Carlson\Carlson Deed Acc G6. e Memo CTB 07-I8_01")) pb7( WARRANTY DEED f� THIS DEED made this /% day of ,,/ , 20 /'', between Clarence A. Carlson and The Estate of Violet June Carlson, of gie 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, Grantee: 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 EXHIBITS "A & B" Also known as: 16894 County Road 44, La Salle, CO 80645. 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. 4513276 Pages: 1 of 9 08/09/2019 10:43 AM R Fee:$0.00 D Fee:$0.00 Carly Koppel', Clerk and Recorder, Weld County, CO ' �driz �I 'II��'M A MINNA Lr�YL 11111 Q:\SEH\C149#4 - WCR 44 BRIDGE\CARLSON\OFFER\Warranty Deed.doc oto/ga3�q IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. GRANTOR: CLARENCE A. CARLSON AND THE ESTATE OF VIOLET JUNE CARLSON CLARENCE A. CARLSON Clarence A. Carlson State of Colorado County of 14/4F )ss. The foregoing instrument was acknowledged before me this / 2.k day of 20 /1, by Clarence A. Carlson. MITCHELL GLENN HAUFF Notary Public State of Colorado Notary ID # 20144016002 My Commission Expires 04.16-2022 My commission expires: � I.t),zazz- THE ESTATE OF VIOLET JUNE CARLSON By: Its: State of Colorado ) )ss. County of ) Witness my hand and official seal. Notary Public The foregoing instrument was acknowledged before me this day of , 20 , by Clarence A. Carlson as Personal Representative of the Estate of Violet June Carlson, Grantor. MITCHELL GLENN HAUFF Notary Public State of Colorado Notary ID # 20144016002 My Commission Expires 04-16-2022 My commission expires: Witness my hand and official seal. Notary Publi_ Q:\SEH\C 149#4 - WCR 44 BRIDGE\CARLSON\OFFER\Warranty Deed.doc 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 O �day of ,2019. ATTEST: ;vk COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS STATE OF COLORADO OF THE COUNTY OF WE uty CIerPNto the STATE OF COLORADO ) )ss COUNTY OF WELD ) Barbara Kirkm yer, Cha BOARD OF COUNTY „ „ COMMISSIONER OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this'day of 2019, by Barbara Kirkmeyer, BOARD OF COUNTY CONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: / 01//// O2ba . CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 4313279 Pages: 3 of 9 08/09/2019 10:43 AM R Fee:$0.00 D Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County, CO 11111 O /9- 023, 7 EXHIBIT A WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-1 (EXHIBIT "A") STA. 13+23.5 Rt to STA. 13+64.4 Rt. FROM Clarence A. and Violet June Carlson 16894 County Road 44 La Salle, CO 80645 FOR Project Code: 20826 Project Number: BRO C030-070 Weld County Bridge 44/33A Replacement Project Project Location: WCR 44 just west of WCR 35 4513276 Pages: 4 of 9 08/09/2019 10:43 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 "Ill Sheet 1 of 3 Sheet 2 of 3 EXHIBIT "A" PARCEL NUMBER: RW-1 PROJECT CODE: 20826 PROJECT NUMBER: BRO C030-070 DATE: August 08, 2018 DESCRIPTION A tract or parcel of land No. RW-1 of the County of Weld, State of Colorado, Project Code 20826, Project No. BRO CO30-070, containing 0.016 acres, more or less, in the northeast one - quarter (NE1/4) of Section 23, Township 4 North, Range 66 West, of the 6th Principal Meridian, County Weld County, State of Colorado, also being a part of Lot B, RECX15-0172, Weld County Records, described as follows: COMMENCING at the northeast (NE) corner of said Section 23; Thence South 87'20'15" West a distance of 876.74 feet, to a point on the south Right -of -Way line of WCR 44, also being the TRUE POINT OF BEGINNING; 1. Thence South 00°49'54" East a distance of 35.00 feet; 2. Thence parallel with said south Right -of -Way line, South 89°17'55" West a distance of 40.87 feet, to a point on the westerly line of said Lot B; 3. Thence along said westerly line, North 48°39'55" East a distance of 53.75 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 715 sq. ft. or 0.016 acres, more or less. Basis of Bearings: All bearings are based on the north line of the northeast one -quarter (NE1/4) of said Section 23 as bearing South 89°17'55" West a distance of 2655.31 feet from the said northeast corner, an alloy cap PLS 7242, to the north quarter corner, an alloy cap PLS 38213. oloinuoi cJ' aft �• Kf�i�, �Sa 38377 NAL Infi ;O For and on the Behalf of Weld County Scott J. Klinker, PLS 38377 12640 West Cedar Drive, Suite F Lakewood, CO 80228 4513276 Pages: 5 of 9 08/09/2019 10:43 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO U11 AM) V PLUi'KIt I114ri III 111 2 � 7 O 0(-) 0-0 • S • B _ �L O • LL n — (0 o J N aMN ▪ • BUS N � IN O- Cl ID EXHIBIT A PARCEL NUMBER RW-1 PROJECT CODE: 20826 PROJECT NUMBER: BRO C030-070 DATE. August 8, 2018 LINE I AI3 L E WCR 44 (60' Row) SHEET 3 OF 3 rJ r- 0 X W EXHIBIT B WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-2 (EXHIBIT "A") STA. 12+47.8 Rt to STA. 13+64.4 Rt FROM Clarence A. and Violet June Carlson 16894 County Road 44 La Salle, CO 80645 FOR Project Code: 20826 Project Number: BRO C030-070 Weld County Bridge 44/33A Replacement Project Project Location; WCR 44 just west of WCR 35 4513276 Pages: 7 of 9 08/09/2019 10:43 AM R Fee:$0.00 D Fee:$0.00 Carly Koppee, Clerk and Recorder, Weld County, CO NIA ':tier wMh AI II Sheet 1 of 3 Sheet 2 of 3 EXHIBIT B PARCEL NUMBER: RW-2 PROJECT CODE: 20826 PROJECT NUMBER: BRO C030-070 DATE: August 08, 2018 DESCRIPTION A tract or parcel of land No. RW-2 of the County of Weld, State of Colorado, Project Code 20826, Project No. BRO CO30-070, containing 0.059 acres, more or less, in the northeast one - quarter (NE1/4) of Section 23, Township 4 North, Range 66 West, of the 6th Principal Meridian, County Weld County, State of Colorado, also being a part of Lot D, RECX15-0172, Weld County Records, described as follows: COMMENCING at the northeast (NE) corner of said Section 23; Thence South 87°20'15" West a distance of 876.74 feet, to a point on the south Right -of -Way line of WCR 44, also being the TRUE POINT OF BEGINNING; 1. Thence along the easterly line of said Lot D, South 48°39'55" West a distance of 53.75 feet; 2. Thence parallel with said south Right -of -Way line, South 89°17'55" West a distance of 75.67 feet, to a point on the westerly line of said Lot D; 3. Thence along said westerly line, North 51°17'38" East a distance of 56.84 feet to a point on said south Right -of -Way line; 4. Thence along said south Right -of -Way line, North 89°17'55" East a distance of 71.66 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 2,578 sq. ft. or 0.059 acres, more or less. Basis of Bearings: All bearings are based on the north line of the northeast one -quarter (NE1/4) of said Section 23 as bearing South 89°17'55" West a distance of 2655.31 feet from the said northeast corner, an alloy cap PLS 7242, to the north quarter corner, an alloy cap PLS 38213. 38377 or? ;rte AL LW For and on the Behalf of Weld County Scott J. Klinker, PLS 38377 12640 West Cedar Drive, Suite F Lakewood, CO 80228 4313276 Pages: 8 of 9 08/09/2019 10:43 AM R Fee :$0.00 D Fee :$0.00 Carly Koppee, Clerk and Recorder, Weld County, CO 11111 EXHIBIT B PARCEL NUMBER RW-2 PROJECT CODE: 20826 PROJECT NUMBER: BRO C030-070 DATE: August 8, 2018 WCR 35 6 ti WCR 44 (60' ROW) LINE TABLE n cr Co .o N m of aa__J c*t z H SHEET 3 OF 3 0 0 0 0 0 Hello