HomeMy WebLinkAbout20180326.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY AND PERMANENT EASEMENTS FOR CERTAIN IMPROVEMENTS
TO COUNTY ROAD 53 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS - JOANNE HECKENDORF
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 Permanent Easements for Certain Improvements to County
Road 53 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 Joanne
Heckendorf, P.O. Box, Kersey, Colorado 80644, 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 Permanent Easements for Certain Improvements to County Road 53 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 Joanne Heckendorf 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.
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03/0111 $
2018-0326
EG0075
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENTS FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 53 -
JOANNE HECKENDORF
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of January, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di a j.k
Weld County Clerk to the Board
BY:
Deputy lerk to the B
APP AS
Co my Attorney
Date of signature: ®a-28 /?
Steve Moreno, Chair
arbara Kirkmeyer,
EXCUSED
ro-Tem
Sean P. Conway
Julie A. Cozad
Mike Freeman
2018-0326
EG0075
/V /9L
MEMORANDUM
TO: Esther Gesick, CTB DATE: January 23, 2018
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: CR 53 ROW and Permanent Easement Agreement
for Joanne Heckendorf (Contract ID # 1646)
Please place the attached ROW and Permanent Easement (PE) 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 our
ROW agent for closing.
This agreement is for a ROW parcel and two PEs that we need for the CR 53 bridge replacement project.
The ROW parcel is 84,329 square feet (1.936 acres). One PE is 4,812 square feet (0.110 acres). The
second TCE is 7,524 square feet (0.173 acres).
In addition to the ROW and PEs, we have to replace many trees. The total value of the trees is
$10,851.00. The total cost of the ROW parcel and the two Pes is $22,437.00. The grand total of the
acquisition is $33,293.00.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
2018-0326
Page I of 1
M IWeld County Flood 2013 Version 2\Site Specific Projects Bridge Projects\53-58A\Phase 2 Work \ FOR \ROW-Surveying\I leckendorf\l{eckendorf ROW & PE
Agreement Memo to CTB 01-23-18.docx
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AGREEMENT FOR THE PURCHASE OF
PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENTS
FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 53
BETWEEN Joanne Heckedorf AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 02/
ay of 2011, by and between Joanne
Heckendorf, whose address is P.O. Box 154, Kersey, CO 8 44, 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 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" and Exhibit
"C" (hereinafter referred to as "Permanent Easements"), and
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 53, which
will involve said road's realignment and construction, (hereinafter referred to as "Road Improvement
Project"), and
WHEREAS, County requires said Public Road Right -of -Way in order to complete said Road
Improvement Project, and
WHEREAS, County further requires said Permanent Easements in order to construct
roadway slopes which is required in conjunction with the Road Improvement 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 and 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 Twenty Thousand Nine Hundred Nine
and .no/100 Dollars, ($20,909.00). The parties acknowledge and agree that said
purchase price represents full, fair and valuable consideration.
Agmt for Purchase of ROW and Perm Easement -Possession After Closing Page 1
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Carly Koppes, Clerk and Recorder, Weld County, CO
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2. Owner agrees to sell and County agrees to purchase the Permanent Easements shown
and/or described on Exhibit "B" and (a copy of which is attached hereto and made a
part hereof by this reference), for the sum of Five Hundred Ninety Four and no/100
Dollars, ($594.00). The parties acknowledge and agree that said purchase price
represents full, fair and valuable consideration.
3. Owner agrees to sell and County agrees to purchase the Permanent Easements shown
and/or described on Exhibit "C" and (a copy of which is attached hereto and made a
part hereof by this reference), for the sum of Nine Hundred Thirty Four and no/100
Dollars, ($934.00). The parties acknowledge and agree that said purchase price
represents full, fair and valuable consideration.
4. Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and the
Permanent 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,
free and clear of all liens and encumbrances, except existing easements.
6. Owner agrees to grant the Permanent Easements to County by Deed of Dedication,
free and clear of all liens and encumbrances, except existing easements.
7. Owner shall not erect or construct, or allow to be erected or constructed, any building
or other structures on the property described in Exhibit B and Exhibit C which may
interfere with County's full enjoyment of the rights hereunder; this Easement
includes all rights and privileges as are necessary or incidental to County's
reasonable and proper use of said easement.
8. Owner shall retain the mineral estate under the Public Road Public Road Right -of -
Way and Permanent Easement, and shall also retain any water rights currently
attached to or associated with the Public Right -of -Way and Permanent Easement.
9 Owner shall deliver the fully executed Deeds for the Public Road Public Road Right -
of -Way and the Permanent Easements to County 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 Permanent 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
Deeds 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/or Permanent Easement.
Agmt for Purchase of ROW and Perm Easement -Possession After Closing Page 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
inilaki.tI WIIIA "Ill
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall pay for the cost of obtaining title insurance if County desires to obtain
title insurance for the Public Road Right -of -Way and/or Permanent Easements.
2. County shall pay all fees associated with recording this Agreement or the Deeds of
Dedication.
3. The parties agree that County shall pay Owner for the Public Road Right -of -Way and
Permanent Easements by County warrants at the date of closing.
MISCELLANEOUS:
1. 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
Permanent Easements for the purposes of constructing the Road Improvement Project
and the roadway slopes, 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 Permanent Easements as may
be useful and necessary.
2. This Agreement and the transfers of the Public Road Right -of -Way and Permanent
Easements 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.
3. 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 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.
5. 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.
6. It is expressly understood and agreed that the enforcement of the terms and
Agmt for Purchase of ROW and Perm Easement -Possession After Closing Page 3
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII iIliIICIE' I IL*AN '41 HLAIN
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.
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 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:
Joanne Heckendorf
By:'
Title: ,ly-1tu�
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Wel
Steve Moreno, Chair
JAN 292.L13
Clerk to the
BY. ►'✓ `�' L
Deputy Cl k to the B
Agmt for Purchase of ROW and Perm Easement -Possession After Closing Page 4
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Carly Koppes, Clerk and Recorder, Weld County, CO
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11111 McilillEr1J1417lhNiliClikillialli rra Iyh II II I
EXHIBIT "A"
PROJECT NUMBER: ER CO30-067
PARCEL NUMBER: RW-3
PROJECT CODE: 20480
DATE: June 1, 2017
DESCRIPTION
A tract or parcel of land No. RW-3 of the Weld County and Department of Transportation, State
of Colorado Project No. ER CO30-067 containing 84,329 sq. ft. (1.936 acres), more or less,
being a portion of that parcel of land described at Reception Number 2163436 as recorded in
the Weld County Clerk and Recorder's Office, lying in the West Half of Section 9, Township 5
North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or
parcel being more particularly described as follows:
Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range
box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8,
Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in
range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00"W., a distance
of 2,650.88 feet, Thence N. 03°25'58" E., a distance of 1,313.94 feet to a point on the south line
of said parcel of land described at Reception Number 2163436, said point also being the POINT
OF BEGINNING;
1. Thence N. 08°14'44" E., a distance of 154.73 feet;
2. Thence N. 05°42'54" W., a distance of 62.17 feet;
3. Thence N. 08°14'44" E., a distance of 50.99 feet;
4. Thence S. 81°40'44" E., a distance of 15.00 feet;
5. Thence N. 08°14'44" E., a distance of 966.47 feet;
6. Thence N. 81°45'16" W., a distance of 46.00 feet;
7. Thence N. 08°14'44" E., a distance of 95.86 feet;
8. Thence S. 80°34'26" E., a distance of 46.69 feet;
9. Thence N. 09°25'34" E., a distance of 416.24 feet, to a point on the west Right of Way
line of Weld County Road 53 (April 2017);
10. Thence along said west Right of Way line, on the arc of a non -tangent curve to the right,
having a radius of 1,850.00 feet, a central angle of 07°10'17", a distance of 231.55 feet,
(a chord bearing S. 00°05'52" W., a distance of 231.40 feet);
11. Thence continuing along said west Right of Way line, S. 06°42'08" W., a distance of
295.10 feet;
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111FAN ItriilnItNOiliAwgw0014Iii 11111
12. Thence continuing along said west Right of Way line, S. 08°14'44" W., a distance of
1,211.67 feet, to a point on said south line of the parcel of land described at Reception
Number 2163436;
13. Thence along said south line, S. 89°20'32" W., a distance of 50.61 feet, more or less, to
the POINT OF BEGINNING.
The above described parcel contains 84,329 sq. ft. (1.936 acres), more or less.
Basis of Bearings: Bearings are based on a line connecting the Section Corner common to
Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a
found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 &
17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4"
aluminum cap set in a range box), having a grid bearing of S88°56'00' W and a distance of
2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD '83(2011),
Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey
based on the National Spatial Reference System (NSRS).
Jeremy S. Pegues, PLS 38447
For and on behalf of The Lund Partnership, Inc.
12265 W. Bayaud Avenue, Suite 130
Lakewood, CO 80228
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Carly Koppes, Clerk and Recorder, Weld County, CO
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EXHIBIT "B"
PROJECT NUMBER: ER CO30-067
PARCEL NUMBER: SE -3
PROJECT CODE: 20480
DATE: June 1, 2017
DESCRIPTION
A slope easement No. SE -3 of the Weld County and Department of Transportation, State of
Colorado Project No. ER CO30-067 containing 4,812 sq. ft. (0.110 acres), more or less, being a
portion of that parcel of land described at Reception Number 2163436 as recorded in the Weld
County Clerk and Recorder's Office, lying in the Southwest Quarter of Section 9, Township 5
North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado, said slope
easement being more particularly described as follows:
Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range
box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8,
Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in
range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00" W., a distance
of 2,650.88 feet, Thence N. 03°25'58" E., a distance of 1,313.94 feet to a point on the south line
of said parcel of land described at Reception Number 2163436, said point being the POINT OF
BEGINNING;
1. Thence along said south line, S. 89°20'32" W., a distance of 32.65 feet;
2. Thence N. 11°48'04" W., a distance of 27.45 feet;
3. Thence N. 21°46'23" E., a distance of 114.00 feet;
4. Thence N. 08°14'44" E., a distance of 83.50 feet;
5. Thence S. 05°42'54" E., a distance of 62.17 feet;
6. Thence S. 08°14'44" W., a distance of 154.73 feet, more or less, to the POINT OF
BEGINNING;
The above described slope easement contains 4,812 sq. ft. (0.110 acres), more or less.
The purpose of the above -described slope easement is for construction, access, and
maintenance of a roadway slope.
Basis of Bearings: Bearings are based on a line connecting the Section Corner common to
Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a
found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 &
17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4"
aluminum cap set in a range box), having a grid bearing of S88°56'00' W and a distance of
2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD '83(2011),
Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey
based on the National Spatial Reference System (NSRS).
Jeremy S. Pegues, PLS 38447
For and on behalf of The Lund Partnership, Inc.
12265 W. Bayaud Avenue, Suite 130
Lakewood, CO 80228
Page 1 of 1
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Carly Koppes, Clerk and Recorder, Weld County, CO
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EXHIBIT "C"
PROJECT NUMBER: ER CO30-067
PARCEL NUMBER: SE -3A
PROJECT CODE: 20480
DATE: June 1, 2017
DESCRIPTION
A slope easement No. SE -3A of the Weld County and Department of Transportation, State of
Colorado Project No. ER CO30-067 containing 7,524 sq. ft. (0.173 acres), more or less, being a
portion of that parcel of land described at Reception Number 2163436 as recorded in the Weld
County Clerk and Recorder's Office, lying in the Southwest Quarter of Section 9, Township 5
North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado, said slope
easement being more particularly described as follows:
Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range
box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8,
Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in
range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00" W., a distance
of 2,650.88 feet, Thence N. 05°27'20" E., a distance of 2,264.75 feet, to the POINT OF
BEGINNING;
1. Thence N. 51°29'53" W., a distance of 41.68 feet;
2. Thence N. 08°14'44" E., a distance of 198.50 feet;
3. Thence S. 81°45'16" E., a distance of 36.00 feet;
4. Thence S. 08°14'44" W., a distance of 219.50 feet, more or less, to the POINT OF
BEGINNING.
The above described slope easement contains 7,524 sq. ft. (0.173 acres), more or less.
The purpose of the above -described slope easement is for construction, access, and
maintenance of a roadway slope.
Basis of Bearings: Bearings are based on a line connecting the Section Corner common to
Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a
found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 &
17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4"
aluminum cap set in a range box), having a grid bearing of S88°56'00"W and a distance of
2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD '83(2011),
Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey
based on the National Spatial Reference System (NSRS).
Jeremy S. Pegues, PLS 38447
For and on behalf of The Lund Partnership, Inc.
12265 W. Bayaud Avenue, Suite 130
Lakewood, CO 80228
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Carly Koppes, Clerk and Recorder, Weld County, CO
IIII FAWNAlAI A110I�414 III II
COMPENSATION WORKSHEET
Assessor Parcel #: 0963-090-00-087
Owner: Joanne & Richard F. Heckendorf
Project No.: ER CO30-067
Project Code: 20480
Parcel No.: 3
Project location: WCR 53, Bridge over S. Platte
RW-3, SE -3, SE -3A, TE-3, TE-3A, TE-3B Payment Breakdown:
Weld County Department of Public Works has determined that it will need to acquire the following
g
property to facilitate the construction of a new bridge over the S. Platte River. The fee interest,
permanent easements and temporary easement acquisitions described below are for the purpose of
access and construction of a roadway, driveway and roadway appurtenances.
The subject parcels are:
Parcel No.: RW-3
Square, Feet: 84,329
Parcel No.: SE -3
Square Feet: 4,812
Parcel No.: SE -3A
Square Feet: 7,524
Parcel No.: TE-3
Square Feet: 2,768
Parcel No.: TE-3A
Square Feet: 2,868
Parcel No.: TE-3B
Square Feet: 536
As presented _n the table below, the total cost for RW-3, SE -3, SE -3A, TE-3, TE-3A and TE-3B,
together with the right of way interests to be acquired, improvements and accrued damages (if any) is
$33,600.00. This figure is based on an estimated fee interest fair market value of $10,800.00 per acre,
9
established through a property appraisal report prepared by Jon Vaughan, MAT, SR/WA of Foster
Valuation Company, LLC.
I Land
Area (Sq. Ft.)
$ / S . Ft.
q
TE
term
Compensation
84129
$0.25
$20,909.00
RW-3
SE -3
4,812
$0.25 x
$594.00
.50
SE
-3A
7,524
$0.25 x
$ 934.0
.50
0
TE-3
1768
$0.25 x 10%
2 years
$138.00
TE-3A
2,868
$0.25 x 10%
2 years
$143.00
TE-3B
536
$0.25 x 10%
2 years
$26.00
Improvements
Trees
$25.99 / inch
dia.
$10,851.00
Damages / Cost to
Cure
Total
compensation
$33,600.00 r
I
Tohl
MEMORANDUM
TO: Clerk to the Board DATE: February 12, 2018
FROM: Clay Kimmi, P.E. — Public Works Dept.
SUBJECT: Acceptance of an Easement Deed of
Dedication for CR 53 Bridge Replacement Project
(EM-BR53-58A)
Please place the attached Easement Deed of Dedication for the Joanne Heckendorf permanent
easement on the consent agenda. The original contact ID# was 1646. The original docket
number was 2018-0326.
After the Easement Deed of Dedication is accepted, please expedite the recording of the
document as CDOT is requiring proof of recording in order to go to advertisement on the bridge
replacement project.
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EASEMENT DEED OF DEDICATION
i�
THIS DEED, made this j41day of , 2018, between Joanne Heckendorf,
"Grantor" whose legal address is P.O Box 154, Kersey, CO 80644 , and the County of Weld, a body
corporate and politic of the State of Colorado, through its Board of County Commissioners,
"Grantee", whose legal address is 1150 "O" Street, Greeley, Colorado 80631:
Pursuant to an Agreement Dated January,z , 2018, Grantor, for and in consideration of the
sum of Ten Dollars and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, do hereby dedicate and convey forever unto Grantee and Grantees' heirs, successors,
assigns, and personal representatives, free and clear of all liens and encumbrances and warrants title
to a Perpetual Easement, (hereinafter referred to as the "Easement"), for the purpose of construction
access, accesses to the bridge abutments, and maintenance of bridge abutments and roadway
embankment, located in the Southwest Quarter of Section 9, Township 5 North, Range 64 West, of
the 6th Principle Meridian, in Weld County, Colorado. Said Easement being more particularly
described on Exhibit A (legal description), attached hereto and by this reference incorporated herein
and made a part hereof.
Grantees, at Grantees' expense, will construct the accesses and roadway embankments, and
shall have the right to operate, use, maintain, and repair the accesses and roadway embankments
within the easement and shall have reasonable access thereto.
The Easement shall be an easement appurtenant to Grantees' Public Road Right -of -Way, and
shall inure to the benefit of Grantees' heirs, successors, assigns, and personal representatives, subject
to the conditions set forth herein.
All costs associated with the Easement, including surveying, construction, repair,
maintenance, and snow removal, shall be borne by Grantees.
Grantees' use of the Easement shall be exclusive, and Grantor and Grantor's heirs,
successors, assigns, personal representatives, guests, and invitees shall have an equal right to the use
of the surface area of the Easement, without interference with Grantees' use thereof, and subject to
the provision that any increased costs of repair and maintenance caused by such use shall be borne by
the party using the Easement.
The mineral estate under said property, including oil, gas and any and all water rights
currently attached to or associated with the Easement are hereby specifically reserved unto Grantors,
except as required to sustain the integrity of the Easement.
Easement Deed of Dedication Page 1
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII FON Pm L'Iilf:IM IIIIWKI ILhliii7O11LY4rh "Ill
oto7?- ,i .30v.6)
IN WITNESS WHEREOF, Grantor has executed this Easement Deed of Dedication
this S"4 day of4 , 2018.
GRANTOR:
By.
e Heckendorf
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
JEFFREY M. HANNA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID # 20154002163
MY COMMISSION EXPIRES JANUARY 15, 2019
The foregoing instrument was acknowledged before me this I,74-
day of 3Ro
2018, by Joanne Heckendorf.
Witness my hand and official seal.
Notary Public
My commission expires: 1 11'7 l l�
Easement Deed of Dedication
4375724 Pages: 2 of 5
O.00
Carly5Koppes,/2018 OCe
Clerk and PM R O
Recorder, Weld County, CO
PIWI l KAIII Ii F1IA 111,E 111 4 X1011111
111
Page 2
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissio�},er , hereby cepts the above dedication of property for the purposes
! 'r' ' set forth herein on this day of , 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
. `6
Weld County Clerk to the Board
BY: P �•
Deputy Clerk to the Board
STATE OF COLORADO )
SS.
COUNTY OF WELD )
reno, Chair
FEB 14 2018
The foregoing instrument was acknowledged before me this/If' day of
2018, by Steve Moreno, Chair, Board of County Commissioners of the County of Weld.
Witness my hand and official seal.
My commission expires: /02. - 19
/7
W 1a ASP F. ¢ e x
NOTARY ID 2U144,i ,3 44
MY COir'ii1N> TUN r 'PIfLO a€C: 19, 2018
Easement Deed of Dedication Page 3
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Carly Koppes, Clerk and Recorder, Weld County, CO
I'll ���1���:4�hCIfir. �W�+C Iti 11111
o2od-o,3a(aG)
EXHIBIT "A"
PROJECT NUMBER: ER CO30-067
PARCEL NUMBER: SE -3
PROJECT CODE: 20480
DATE: June 1, 2017
DESCRIPTION
A slope easement No. SE -3 of the Weld County and Department of Transportation, State of
Colorado Project No. ER CO30-067 containing 4,812 sq. ft. (0.110 acres), more or less, being a
portion of that parcel of land described at Reception Number 2163436 as recorded in the Weld
County Clerk and Recorder's Office, lying in the Southwest Quarter of Section 9, Township 5
North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado, said slope
easement being more particularly described as follows:
Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range
box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8,
Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in
range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00" W., a distance
of 2,650.88 feet, Thence N. 03°25'58" E., a distance of 1,313.94 feet to a point on the south line
of said parcel of land described at Reception Number 2163436, said point being the POINT OF
BEGINNING;
1. Thence along said south line, S. 89°20'32" W., a distance of 32.65 feet;
2. Thence N. 11°48'04" W., a distance of 27.45 feet;
3. Thence N. 21°46'23" E., a distance of 114.00 feet;
4. Thence N. 08°14'44" E., a distance of 83.50 feet;
5. Thence S. 05°42'54" E., a distance of 62.17 feet;
6. Thence S. 08°14'44" W., a distance of 154.73 feet, more or less, to the POINT OF
BEGINNING;
The above described slope easement contains 4,812 sq. ft. (0.110 acres), more or less.
The purpose of the above -described slope easement is for construction, access, and
maintenance of a roadway slope.
Basis of Bearings: Bearings are based on a line connecting the Section Corner common to
Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a
found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 &
17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4"
aluminum cap set in a range box), having a grid bearing of S88°56'00' W and a distance of
2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD '83(2011),
Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey
based on the National Spatial Reference System (NSRS).
Jeremy S. Pegues, PLS 38447
For and on behalf of The Lund Partnership, Inc.
12265 W. Bayaud Avenue, Suite 130
Lakewood, CO 80228
Page 1 of 1
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Carly Koppes, Clerk and Recorder, Weld County, CO
EXHIBIT "A"
PROJECT NUMBER: ER CO30-067
PARCEL NUMBER: SE -3A
PROJECT CODE: 20480
DATE: June 1, 2017
DESCRIPTION
A slope easement No. SE -3A of the Weld County and Department of Transportation, State of
Colorado Project No. ER CO30-067 containing 7,524 sq. ft. (0.173 acres), more or less, being a
portion of that parcel of land described at Reception Number 2163436 as recorded in the Weld
County Clerk and Recorder's Office, lying in the Southwest Quarter of Section 9, Township 5
North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado, said slope
easement being more particularly described as follows:
Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range
box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8,
Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in
range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00" W., a distance
of 2,650.88"feet, Thence N. 05°27'20" E., a distance of 2,264.75 feet, to the POINT OF
BEGINNING;
1. Thence N. 51°29'53" W., a distance of 41.68 feet;
2. Thence N. 08°14'44" E., a distance of 198.50 feet;
3. Thence S. 81°45'16" E., a distance of 36.00 feet;
4. Thence S. 08°14'44" W., a distance of 219.50 feet, more or less, to the POINT OF
BEGINNING.
The above described slope easement contains 7,524 sq. ft. (0.173 acres), more or less.
The purpose of the above -described slope easement is for construction, access, and
maintenance of a roadway slope.
Basis of Bearings: Bearings are based on a line connecting the Section Corner common to
Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a
found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 &
17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4"
aluminum cap set in a range box), having a grid bearing of S88°56'00"W and a distance of
2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD '83(2011),
Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey
based on the National Spatial Reference System (NSRS).
Jeremy S. Pegues, PLS 38447
For and on behalf of The Lund Partnership, Inc.
12265 W. Bayaud Avenue, Suite 130
Lakewood, CO 80228
Page 1 of 1
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Carly Koppes, Clerk and Recorder, Weld County, CO
lIII IN:140P AKwlIki#li II III
MEMORANDUM
TO: Clerk to the Board DATE: February 12, 2018
FROM: Clay Kimmi, P.E. — Public Works Dept.
SUBJECT: Acceptance of a Warranty Deed for
CR 53 Bridge Replacement Project (EM-BR53-58A)
Please place the attached Acceptance of Warranty Deed for the Joanne Heckendorf ROW parcel
on the consent agenda. The original contact ID# was 1646. The original docket number was
2018-0326.
After the Warranty Deed is accepted, please expedite the recording of the document as CDOT is
requiring proof of recording in order to go to advertisement on the bridge replacement project.
ce:(101,,AkjAte-)
babss()Ki- Al}AcUL.,
o2b1�-- D, (2)
WARRANTY DEED
THIS DEED made this /'7 day of
Heckendorf, whose address is P.O. Box 154, Kersey, CO 8064, 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:
20/i, between Joanne
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: RW-3
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,
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
VIII Plank Wilk' FlMAIMiar litiliAl kik II III 02O/1- D3a/(y)
1
IN WITNESS THEREOF the Grantor has executed this deed on the date set forth
above.
OWNER:
Joanne Heckendorf
By.
e Heckendorf, Owner
State of Colorado )
)ss.
County of 64/6 )
JEFFREY M. HANNA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID # 20154002163
MY COMMISSION EXPIRES JANUARY 15. 2019
The foregoing instrument was acknowledged before me this
20 !f5 , by Joanne Heckendorf, Owner.
gr4 day of a,4j ,
Witness my hand and official seal.
/ / Nota u lic
My commission expires:1 ( 1S ( 161
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII n rigDull?'I4ILiFi'tUIrlIhr.VII,Dk "Ill
of Weld.
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and through
its Board of County Commissioners��,hfreby acce is the above dedication of property for the
purposes set forth herein on this /1t" day o� , 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
ddZittit) C4C Jdio;ci
Weld County Clerk to the Board
BY.ad
Deputy Clerk to the Boar
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
-,/t4R.-- 7)10
Moreno, Chair FEB 14 2018
The foregoing instrument was acknowledged before me this /`t day of
, 2018, by Steve Moreno, Chair, Board of County Commissioners of the County
Witness my hand and official seal.
My commission expires:
4375723 Pages: 3 of 5
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Carly Koppes, Clerk and Recorder, Weld County, CO
� 11 l �.rl 1 ' �I�K4 + l�k��'�P� 141�1f1��i■I�rk'Y4 ti UI III
CHUM. EICWMAN
S TL b,,,
NOTARY ID 201.44048044
MY COMMISSION EXPIRES DEC: 19, 2018
020/f- 03a(Cv)
EXHIBIT "A"
PROJECT NUMBER: ER CO30-067
PARCEL NUMBER: RW-3
PROJECT CODE: 20480
DATE: June 1, 2017
DESCRIPTION
A tract or parcel of land No. RW-3 of the Weld County and Department of Transportation, State
of Colorado Project No. ER CO30-067 containing 84,329 sq. ft. (1.936 acres), more or less,
being a portion of that parcel of land described at Reception Number 2163436 as recorded in
the Weld County Clerk and Recorder's Office, lying in the West Half of Section 9, Township 5
North, Range 64 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or
parcel being more particularly described as follows:
Commencing at the Southwest Corner of said Section 9 (being a 2 1/2" aluminum cap in range
box stamped in part "LAT 40 LS 38175 2010"), Whence the South Quarter Corner of Section 8,
Township 5 North, Range 64 West, of the 6th Principal Meridian (being a 3 1/4" aluminum cap in
range box stamped in part "FREESE ENGR LS 4392 2002") bears S. 88°56'00"W., a distance
of 2,650.88 feet, Thence N. 03°25'58" E., a distance of 1,313.94 feet to a point on the south line
of said parcel of land described at Reception Number 2163436, said point also being the POINT
OF BEGINNING;
1. Thence N. 08°14'44" E., a distance of 154.73 feet;
2. Thence N. 05°42'54" W., a distance of 62.17 feet;
3. Thence N. 08°14'44" E., a distance of 50.99 feet;
4. Thence S. 81°40'44" E., a distance of 15.00 feet;
5. Thence N. 08°14'44" E., a distance of 966.47 feet;
6. Thence N. 81°45'16" W., a distance of 46.00 feet;
7. Thence N. 08°14'44" E., a distance of 95.86 feet;
8. Thence S. 80°34'26" E., a distance of 46.69 feet;
9. Thence N. 09°25'34" E., a distance of 416.24 feet, to a point on the west Right of Way
line of Weld County Road 53 (April 2017);
10. Thence along said west Right of Way line, on the arc of a non -tangent curve to the right,
having a radius of 1,850.00 feet, a central angle of 07°10'17", a distance of 231.55 feet,
(a chord bearing S. 00°05'52" W., a distance of 231.40 feet);
11. Thence continuing along said west Right of Way line, S. 06°42'08" W., a distance of
295.10 feet;
Page 1 of 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
ill FAXKY' CRP' IiC.L'h MiiiiIIIV,51kilik Bill
,
12. Thence continuing along said west Right of Way line, S. 08°14'44" W., a distance of
1,211.67 feet, to a point on said south line of the parcel of land described at Reception
Number 2163436;
13. Thence along said south line, S. 89°20'32" W., a distance of 50.61 feet, more or less, to
the POINT OF BEGINNING.
The above described parcel contains 84,329 sq. ft. (1.936 acres), more or less.
Basis of Bearings: Bearings are based on a line connecting the Section Corner common to
Sections 8, 9, 16, 17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a
found 2 1/2" aluminum cap set in a range box), and the Quarter Corner common to Sections 8 &
17, Township 5 North, Range 64 West of the 6th Principal Meridian (being a found 3 1/4"
aluminum cap set in a range box), having a grid bearing of S88°56'00' W and a distance of
2,650.88'. Said grid bearing is based on Colorado State Plane North Zone 501, NAD '83(2011),
Epoch 2010.00. The survey data was obtained from a Global Positioning System (GPS) survey
based on the National Spatial Reference System (NSRS).
Jeremy S. Pegues, PLS 38447
For and on behalf of The Lund Partnership, Inc.
12265 W. Bayaud Avenue, Suite 130
Lakewood, CO 80228
Page 2 of 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
III 'iI.w IiiiiiIV Hi WI' if ihillik Ill III
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