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Home My WebLink About20182149.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 105 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - MARGARET ANN PALMER AND ILA JEAN BEALE 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 County Road 105 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 Margaret Ann Palmer, 2585 South Dennison Court, Denver, Colorado 80222 and Ila Jean Beale, 8742 E. Layton Avenue, Denver, Colorado 80237, 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 County Road 105 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 Margaret Ann Palmer and Ila Jean Beale, 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. c -c PwCTsi Mc r ER), QCTCe,G) O8 -'O3/ t 8- 2018-2149 EG0075 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 105 — MARGARET ANN PALMER AND ILA JEAN BEALE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dattA44) jell4;eA Weld County Clerk to the Board BY: P"IWEDAS ounty A orney Mike Freeman Date of signature: OF -0.3-a EXCUSED Stee Moreno, Chair Deputy Clerk to the Bo -'f, 'ti;d EXCUSED arbara Kirkmeyer, Pao-Tem can P. Conway ozad 2018-2149 EG0075 MEMORANDUM TO: Board of County Commissioners DATE: July 6, 2018 FROM: Tiffane Johnson, Public Works Department SUBJECT: Acceptance of Agreement for WCR 105 RE: WCR 105 Improvement Project Acceptance of an Agreement for Public Road Right of Way and Temporary Easement between Margaret Ann Palmer, Ila Jean Beale and Weld County. 2018-2149 GG'• P,CTal c) 7-11-1$ car- 3- 18' \I I iffane PRO.11 C I S CR 105 S11 14 It) ('R 190'R \\ 6 131 Alf \NI) P \I_,AIIR :A(C M IS11 ION DOCUti11 N IS \Iomu to BOCC doe AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR THE WELD COUNTY ROAD 105 IMPROVEMENT PROJECT, BETWEEN MARGARET ANN PALMER & ILA JEAN BEALE AND WELD COUNTY, COLORADO THIS AGREEMENT is made this oM day of oicA, 2018, by and between Margaret Ann Palmer, whose address is 2585 South Dennison Court, Denver, Colorado 80222, and Ha Jean Beale, whose address is 8742 E. Layton Avenue, Denver, Colorado 80237 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: WI [EREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as "Public Road Right -of -Way"), and WHEREAS, Owner owns real property described in the attached Exhibit "B" (hereinafter referred to as "Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 105 (hereinafter referred to as "WCR 105"), which will improve the alignment of the roadway, (hereinafter referred to as "WCR 105 Improvement Project" (the "Project"), and WHEREAS, County requires said Public Road Right -of -Way in order to complete said Project, and WHEREAS, County will need said Temporary Construction Easements in order to construct the Project which is required in conjunction with said realignment, and WHEREAS, Owner wishes to cooperate with County in said road realignment Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: . Owner agrees to sell at closing and County agrees to purchase the Public Road Right - of -Way (ROW) 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 Seven Hundred and no/100 Dollars, ($700.00). The parties acknowledge and agree that said purchase price represents frill, fair and valuable consideration. iof 5 4419224 Pages: 1 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO EIII u.CTIllr;I:I eiliTiP4':tik �J�I'I4=IJF lit H.& U III 020/ 02 /` 2. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements shown and/or described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Hundred and no/100 Dollars, ($300.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before March 30, 2018, the County shall pay the amount described in Paragraph One "1" under COUNTY'S RIGHTS AND RESPONSIBILITIES set forth below. 4. Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right -of -Way to County by Warranty Deed, in a form substantially similar to the attached hereto as Exhibit "C", free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. This Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on July 1, 2020, or upon the completion of the Project, whichever is earlier. 8. 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 "B" 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 reasonable and proper use of said easement. 9. Owner shall retain the mineral estate under the Public Road Public Road Right -of - Way and the Temporary Construction Easement interests, and shall also retain any water rights currently attached to or associated with the Public Right -of -Way and Temporary Construction Easement. 10. 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. 11. 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 2 of 5 4419224 2018 09:57g es: 2 of 12 031AM R Fee:$0.00 Carly KcoPes, Clerk and Recorder, Weld County, CO 1111 KV%�.4 l,h� �"�lidi�'i9lk��'� h �� 111 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 and Temporary Construction Easement. 12. Owner is liable for any damage caused to any other property owner, including but not limited to, crop damage, agricultural damage, or access issues which are caused by the Owner's actions or failure to act pursuant to this agreement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay One Thousand, Three Hundred and no/100 Dollars ($1,300.00) to the Owner for the Public Road Right -of -Way and Temporary Construction Easements by County warrant at the date of closing if Agreement is signed and returned on or before March 30, 2018. If the Agreement is not signed and returned on or before March 30, 2018, the County shall maintain its current offer of Fair Market Value of One Thousand and no/100 Dollars ($1,000.00) for the Public Road Right -of -Way, the Temporary Construction Easements by County warrants at the date of closing. 2. County shall at closing pay all fees associated with recording this Agreement and the Warranty Deed. 3. 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/or Temporary Easement. 4. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right -of -Way and 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. 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 3 o 5 4419224 Pages: 3 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co 110 l�.�lC'r��l��'�C'li �i�M�4�Y�h �I II 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. 8. Owner shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the Owner's activities in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising out of the failure of the Owner to conform to any statutes, ordinances, regulation, law or court decree. 9. Neither party to this agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 4 of 5 4419224 Pages: 4 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO written. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above Landowner: MARGARET ANN PALMER and ILA JEAN BEALE ByEf f/7 �r �r� U/ G" �✓ /Margaret Ann..Palmer BOARD OF COUNTY COMMISSIONERS ?ZTYcDO D C, ra Kirkmeyer, Pro-Tem ATTEST: darAff.0) W, JCL; Weld County C1-rk to the B Deputy (jerk o the Bo 4419224 Pages: 5 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Kra LTIViLI14 JUL 11 2i # ,2o/f-a/�9 EXHIBIT -A LOT -I 53-T8N-R60W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN LOT -1 OF SECTION 3, TOWNSHIP 8 NORTH, RANGE 60 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2024764 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 8 NORTH, RANGE 60 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OR THE EAST LINE OF SAID SECTION 3, AS BEARING SOUTH 00'05'47" EAST, A DISTANCE OF 5402.94 FEET TO THE SOUTHEAST CORNER OF SECTION 3, TOWNSHIP 8 NORTH, RANGE 60 WEST, ALSO DESCRIBED AS SHOWN; RW-6 THENCE ALONG THE EAST LINE OF SAID SECTION 3, SOUTH 00'05'47" EAST, A DISTANCE OF 1420.43 FEET TO A POINT ON THE SOUTH LINE OF LOT -1 OF SAID SECTION 3; THENCE DEPARTING SAID EAST LINE AND ALONG THE SOUTH LINE OF SAID LOT -1 SOUTH 88'44'44" WEST, A DISTANCE OF 119.35 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT -OR -WAY LINE OF COUNTY ROAD 390 AS DESCRIBED IN THE ROAD PETITION FILED IN THE WELD COUNTY CLERK TO THE BOARDS OFFICE UNDER ROAD BOOK 14, PAGE 576, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND CONTINUING ALONG SAID SOUTH LINE SOUTH 88'44'44" WEST, A DISTANCE OF 121.05 FEET TO A POINT OF A NON -TANGENT CURVE THAT IS CONCAVE TO THE SOUTHWEST; THENCE DEPARTING SAID SOUTH LINE AND ALONG THE ARC OF SA,D CURVE 411.67 FEE I WHOSE RADIUS IS 1860.00 FEET, CENTRAL ANGLE IS 12'40'52" AND WHOSE CHORD BEARS NORTH 33`16'31" WEST, A DISTANCE OF 410.83 FEET; THENCE NORTH 39'36'57" WEST, A DISTANCE OF 96.47 FEET; THENCE NORTH 42'35'05" WEST, A DISTANCE OF 202.03 FEET; THENCE NORTH 47'24'55" EAST, A DISTANCE OF 20.00 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 42'35'05" EAST, A DISTANCE OF 708.87 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE 74.86 FEET WHOSE RADIUS IS 5566.30 FEET, CENTRAL ANGLE IS 00'46'14" AND WHOSE CHORD BEARS SOUTH 42'09'20" EAST, A DISTANCE OF 74.86 FEET TO THE TRUE POINT OF BEGINNING. SAID RW-6 CONTAINS 30,360.32 sf. OR 0.70 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL Q R. HOLMES PLS 38213 I<Ki (I iq \1, 11 \A yr ICI II( N —`---=A 4419224 Pages: 6 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 FAIN OEM 1111 `A EL() C.'0)t \ \ DEPART\IFNT Of P I I I3 T I4' \V, ()RKS R I fl I've" T I \\,( N ;) PH t, HR",_ EXHIBIT -A LOT- 53-T8N-R60W EXIST�`,G L,C' N RI)130/533 RD-BK 1 4,PG576 MARCH 21, 1916 LINE TABLE LINE BEARING DISTANCE L1 S88'44'44"W 119.35' L2 S88'44'44'W 121.05' L3 N39'36'57"W 96.47' L4 N42'35'05"W 202.03' L5 N47'24'55"E 20.00' NE COR. S3-T8N-R6OW FND 3 1/4" ALUM. CAP LS38213 2017 PALIVIER & BEALE RECP.#2024764 PARCEL#054103000009 N RIGHT—OF—WAY ACQUIRED RW-6 30,360.32 sf. OR 0.70 ac.± CURVE TABLE CURL LEN RADIUS DELTA CHD BRG CHD DIST C1 i 411.67' 1860.00' 12'40'52" N33'16'31"W 410.83' C2 74.86' 5566.30' 00'46'14" S42'09'20"E 74.86' 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. L2 u1, BAS:S 12' REAPING - 300'05' 4 7 5,41.321.94' -a' , , 6(3' ,G DC' ROW • 4,1 L1 SE COR. N S3-T8N-R6OW FND 2 1/2" ALUM. CAPS\ LS17492 2011 Id CN IP 0 0 RIG -III OF WAY ACQUISITION PALLIER & BEALE-R\\ -6 \k LL I) (t)11 1'v' C'i )L (1R:11)1 ) �ff>� 0 u 00, WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 105 HWY 14 to WCR 390 PROJECT PROJECT `LC IIRP-R4 SCA_E: 111=200 -E Q -I,) -I All 9T DIM STEET. 2 cc 4419224 Pages: 7 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO K 1.1 Ph NI IIi'rAI 1I II 1 EXHIBIT -B LOT -I S3-T8N-RS0W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN LOT -1 OF SECTION 3, TOWNSHIP 8 NORTH, RANGE 60 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2024764 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 8 NORTH, RANGE 60 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAD SECTION .3, AS BEARING SOUTH 00'05'47" EAST, A DISTANCE OF 5402.94 FEET TO THE SOUTHEAST CORNER OF SECTION 3, TOWNSHIP 8 NORTH, RANGE 60 WEST, ALSO DESCRIBED AS SHOWN; TE-6 THENCE ALONG THE EAST LINE OF SAID SECTION 3, SOUTH 00'05'47" EAST, A DISTANCE OF 1420.43 FEET TO A POINT ON THE SOUTH LINE OF LOT -1 OF SAID SECTION 3; THENCE DEPARTING SAID EAST LINE AND ALONG THE SOUTH LINE OF SAID LOT -1 SOUTH 88'44'44" WEST, A DISTANCE OF 240.40 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SOUTH LINE SOU'"H 88'44'44" WEST, A DISTANCE OF 5.55 FEET TO A POINT OF A NON -TANGENT CURVE THAT IS CONCAVE TO THE SOU rHWES t; THENCE DEPARTING SAID SOUTH LINE AND ALONG THE ARC OF SAID CURVE 408,16 FEET WHOSE RADIUS IS 1855.00 FEET, CENTRAL ANGLE IS 12'36'25" AND WHOSE CHORD BEARS NORTH 33'18'44" WEST, A DISTANCE OF 407.34 FEET; THENCE NORTH 39'36'57" WEST, A DISTANCE OF 96.34 FEET; THENCE NORTH 42'35'05" WEST, A DISTANCE OF 201.90 FEET; THENCE NORTH 47'24'55" EAST, A DISTANCE OF 5.00 FEET; THENCE SOUTH 42'35'05" EAST, A DISTANCE OF 202.03 FEET, THENCE SOUTH 39'36'57" EAST, A DISTANCE OF 96.47 FEET TO A POINT OF CURVE TO THE RIGHT THENCE ALONG THE ARC OF SAID CURVE 411.67 FEET WHOSE RADIUS IS 1860.00 FEET, CENTRAL ANGLE IS 12'40'52" AND WHOSE CHORD BEARS SOUTH 33'16'31" EAST, A DISTANCE OF 410 83 FEET TO THE TRUE P INT OF BEGINNING. SAID TE-6 CONTAINS 3,541.43 sf. OR 0.08 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 I [:AII'i.)R. \RV" [ .VN[ ti-[i N I \C'Qt at I It IN 4419224 Pages: 8 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO m�w \V'L[_f) (_'( II \ CY DC PAR 01 PI_ BLIC' NA. EXHIBIT -B LOT S3-TEN-R6OW , lA \O\ vii ,Q . \Y9\ s \ EXISTING 60' POW -- RD100/633 RD-BK14,PO576 MARCH 21, 1916 LINE TABLE LINE BEARING DISTANCE L1 S88'44'44"W 240.40' L2 S88'44'44"W 5.55' L3 N39'36'57"W 96.34' L4 N42'35'05"W 201.90' L5 N47'24'55"E 5.00' L6 S42'35'05"E 202.03' L7 S39'36'57'E 96.47' • L5\ , P.O.C. NE COR. S3-T8N-R60W FND 3 1/4" ALUM. CAP LS38213 2017 PALMER & BEALE RECP.#2024764 PARCEL#054103000009 , L4 L7 L3 TEMPORARY EASEMENT ACQUIRED TE-6 3,541.43 sf. OR 0.08 ac.± CURVE TABLE CUR LEN RADIUS DELTA CHD BRG CHD DIST C1 408.16' 1855.00' 12'36'25" N33'18'44"W 407.34' C2 411.67' 1860.00' 12'40'52" S33'16'31 "E 410.83' w BASIS OF BEARING �I SOO'05'47"E 5,4-0294' { , • • EXi5ThNG 60' ROW RECP.#202305 MAY 13, 1914 , • • , • 2�, , TE-6 T.P.O.B. ---------------------------- - -- L2 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A SE COR. MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. S3-T8N-R60W IT IS INTENDED TO ILLUSTRATE THE ATTACHED FND 2 1/2" ALUM PROPERTY DESCRIPTION ONLY. L517492 2011 TEMPORARY EASEMENT ACQUISITION PALMER & BEALE-['E-6 WELD COIINTA, COLORADO 4419224 Pages: 9 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII IrwitrAllr 1 L1 CA� _ to ,d [to) a i0 0 cf.) , , • WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 105 HWY Y 14 to WCR 390 PROJECT PROJECT JC H11.64 �Cal_E 1"=2m C' 1 E 0-7:::/11^•J y DR I .-IEET ,,:3 EXHIBIT -C WARRANTY DEED THIS DEED made this day of , 2018, between MARGARET ANN PALMER, whose address is 2585 South Dennison Court, Denver, Colorado 80222 and ILA JEAN BEALE, whose address is 8742 East Layton Avenue, Denver, Colorado 80237, hereinafter referred to as "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 EXHIBIT "A". Also known as: Lot 1, NE '/4 of NE '/4 S3-T8N-R60W — Vacant Land 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. RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. 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, 4419224 Pages: 10 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO MDI�I��W�h �� 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. IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. OWNER: MARGARET ANN PALMER & ILA JEAN BEALE By: Margaret Ann Palmer Ila Jean Beale State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this 2018, by My commission expires: 4419224 Pages: 11 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII ggi'lnihdl:4 64I MEV 11111 day of _._._. , owner. Witness my hand and official seal. Notary Public S34 T9NR60 W • LOT4 1 S3— T8N—R6O W TEMPORARY EASEMENT ACQUIRED TE-6 3541.43 st. OR (LOS ac.± I 535. T9NR60 If PALMER & BEALE • • -I Pr- i 2 1 /JP \\ <14 � \\ G>8 if:Pc) rb,, Kla *7> 4419224 Pages: 12 of 12 07/31/2018 09:57 AM d R Recorder $,0 We d County, , CO Carly Koppes,f� � `� I�i�� ,I II \\ I I I I I I I Im..+. - U.S.A. • • 1 Hello