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Home My WebLink About20182150.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 - WILLIAM AND BARBARA SCHNEIDER 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 William and Barbara Schneider, 1408 Willow Way, Windsor, Colorado 80550, 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 William and Barabra Schneider 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. (01084,0 10 a S/io%f cc: PwC-rj-tmCIER), QC TC8c) oe (o3/1 S' 2018-2150 EG0075 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 105 - WILLIAM AND BARBARA SCHNEIDER 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: �., :e1 Weld County Clerk to the Board BY: Deputy Clerk to the B APPED AS ounty torney Date of signature: o2 -e,1 --/F EXCUSED Steyr Moreno, Chair arbara Kirkmeyer, P o -Tern EXCUSED Sean P. Conway u e A. L_Qt71 Mike Freeman 2018-2150 E00075 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 William W. Schneider & Barbara K. Schneider and Weld County. c c Pc C T3(mc3 O-7-t(-Ig Og-03-tg- 2018-2150 EX.9oon� tit Titlanet PROJFCI'SvCR 105 SI I 14 1O CR 390yR' 5 SCI IIS 11)1 R ACOl -ISI HON DOCI EMI -N FSvMemo to HOCC doc AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR THE WELD COUNTY ROAD 105 IMPROVEMENT PROJECT, BETWEEN WILLIAM W. & BARBARA K. SCHNEIDER AND WELD COUNTY, COLORADO THIS AGREEMENT is made this //vfday of , 2018, by and between William W. Schneider & Barbara K. Schneider, whose addre s 14 8 Willow Way, Windsor, Colorado 80550, hereinafter referred to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as "Public Road Right -of -Way"), 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: 1. 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 Nine Hundred and Thirty and no/100 Dollars, ($930.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 1 of 5 4419225 Pages: 1 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■ ii 1iiirdI1RIYliretrili illiViVIN,raiWaWyh 11111 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 not limited to, a prorated amount of the property taxes, and any past due property 2 of 5 4419225 Pages: 2 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III 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, Five Hundred and Ninety Nine and no/100 Dollars ($1,599.00) 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, Two Hundred and Thirty and no/100 Dollars ($1,230.00) 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 provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as 3 of 5 4419225 Pages: 3 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 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 4419225 Pages: 4 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO I ��hai 1114 Ill III IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Landowner: WILLIAM W. SCHNEIDER and BARBARA K. SCHNEIDER By: Barbara K. Schneider BOARD OF COUNTY COMMISSIONERS WI D COUNTY, COLORADO arbara Kirkmeypr, Pro -T ATTEST: BY: diriwt) eld County Clerk to the Board Deputy Cler / o the Board 4419225 Pages: 5 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO d'W4a ,'�4M��ilY�h III II JUL � 1 20;8 of O2O/61" -a/co EXHIBIT -A. S14 T8N -R60W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE WEST ONE-HALF OF SECTION 14, 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. 3860879 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 8 NORTH, RANGE 60 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 14, AS BEARING SOUTH 00'17'00" WEST, A DISTANCE OF 5304.55 FEET TO THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 8 NORTH, RANGE 60 WEST, ALSO DESCRIBED AS SHOWN; RW-5 THENCE ALONG THE NORTH LINE OF SAID SECTION 14, NORTH 88'35'00" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 105 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 202305, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND CONTINUING ALONG SAID NORTH LINE NORTH 88'38'00" EAST, A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 00'17'00" WEST, A DISTANCE OF 3879.54 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE 246.64 FEET WHOSE RADIUS IS 3040.00 FEET, CENTRAL ANGLE IS 04'38'55" AND WHOSE CHORD BEARS SOUTH 02'36'27" WEST, A DISTANCE OF 246 57 FEET TO A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00'17'00" EAST, A DISTANCE OF 4125.62 FEET TO THE TRUE POINT OF BEGINNING. SAID RW-5 CONTAINS 40,437.67 sf. OR 0.93 oc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 4419225 Pages: 6 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO liii rdr1��, r �a � 1 Itl61 II ( I[ \V \Y 1(_'i 11 'ISIT IL)N 1861 W 'EI,D C.Ot1Y DEPARTMENT OF Pt BI.R WORKS WCR I05 Gl CR 306 P R. (.),I iF t; I 16, EXHIBIT -A SI4-T8N-R60W P.O.C. NW COR. S14-T8N-R6OW_ , _ - __ _ —FNb 172 —ALUM. CA LS18263 2014 RW-5- T.P.O.B. N88'38'00"E 30.01' BASIS OF BEARING S00'17'00"W 5,304.55' EXISTING 60' ROW RECP.#202305 MAY 13, 1914 RICH IT OF WAY ACQUISITION SCHNEIDER-RW-5 WELL) COLIN I Y, COLORADO N I0 IZ S00'17'00"W N88'38'00"E 10.00' RIGHT —O —WAY ACQUIRED RW-5 40,437.67 s7. OR 0.93 ac.± SCHNEIDER RECP.#3 860879 PARCEL#054114000001 L=246.64' �R= 3040.00' x=4'38'55" CB= 502'36'27"W C=246.57' SW COR. S1 4-T8N-R6OW FND 2 1/2" ALUM. CAP LS26964 2008 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. 4419225 Pages: 7 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lilt KiltlhighiTiirrNTOW,FILIMIRMINMilii BI II I WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 105 HWY 14 to WCR 390 PROJECT PROJECT NO: HRP-64 SCALE, I"=200 CA` U -1U-' SHEET tot' EXHIBIT -B S14-T8N-R60W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE WEST ONE-HALF OF SECTION 14, 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, 3860879 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 8 NORTH, RANGE 60 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 14, AS BEARING SOUTH 00'17'00" WEST, A DISTANCE OF 5304.55 FEET TO THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 8 NORTH, RANGE 60 WEST, ALSO DESCRIBED AS SHOWN; TE-5 THENCE ALONG THE NORTH LINE OF SAID SECTION 14, NORTH 88'38'00" EAST, A DSTANCE OF 40.01 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID NORTH LINE NORTH 88'38'00" EAST, A DISTANCE OF 50.02 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 00'17'00" WEST, A DISTANCE OF 101.15 FEET; THENCE NORTH 89'43'00" WEST, A DISTANCE OF 45.00 FEET; THENCE SOUTH 00'17'00" WEST, A DISTANCE OF 3779.83 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE 302.36 FEET WHOSE RADIUS IS 3045.00 FEET, CENTRAL ANGLE IS 05'41'22" AND WHOSE CHORD BEARS SOUTH 03'07'41" WEST, A DISTANCE OF 302.24 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 105 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 202305.; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00'17'00" EAST, A DISTANCE OF 55.50 FEET TO A POINT OF A NON-TANGANT CURVE THAT IS CONCAVE TO THE NORTHWEST; THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE 246.64 FEET WHOSE RADIUS IS 3040.00 FEET, CENTRAL ANGLE IS 04'38'55" AND WHOSE CHORD BEARS NORTH 02'36'27" EAST, A DISTANCE OF 246.57 FEET; THENCE NORTH 00'17'00" EAST, A DISTANCE OF 3879.54 FEET TO THE TRUE POINT OF BEGINNING. SAID TE-5 CONTAINS 25,299.50 sf. OR 0.58 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 SNIP AkARY F.\SF`I1 N ACilI;I III+)\ WELD COUNTY DEPARTMENT OF PUBLIC WORKS WVCR lors 14 t:,: A\ t R 19i} PR.(�)1FCT 4419225 Pages: 8 of 12 07/31/2018 09:87 RM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO viii INCI '�r�i'�a,r a +:N1tru yriifITA lii 11i ii 1 EXHIBIT -B S 14-T 8N-R6OW P.O.C. TE-5� NW COR. T.P.O.B. S14-T8N-R60W_ M _ FND} T 172 ALU._ CA_P-_ _ _ "-# LS18263 2014 N88'38'00"E 40.01' BASIS OF BEARING 500'17'00"W 5,304.55' 1, j EXISTING 60' ROW RECP.#202305 MAY 13, 1914 L=246.64' R=3040.00' I (.1..)' [4'38'55" I �I CB=N02'36'27"E C=246.57' --.` , III N 00'17' 00"E 55.50' ,N88'38'00"E 50.02' �--5' r� co soo•i 7'00"W `-500'17'00"W 101.15' 89'43'00"W 45.00' SCHNEIDER RECP.#3 860879 PARCEL#054114000001 TEMPORARY EASEMENT }ACQUIRED TE-5 25,299.50 sf. OR 0.58 ac.± L=302.36' �R=3045.00' ,ni= 5'41'22" CB= SO3'07'41 "W C=302.24' SW COR. S14-T8N-R60W FND 2 1/2" ALUM. CAP L526964 2008 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. TEM PORARY EASEMENT ACQt1TSITION SCHNEIDER-IE-5 WELD COL NIA. COLORADO) 0 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 105 HWY 14 to WCR 390 PROJECT PROJECT NO: HRP-64 SCALE: I"--200 CATS �`RANN BY-DR11 SHEET. o12 4419225 Pages: 9 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ''I ' VIII 10Cirit'rah�l� G '��W �l .�k�IViY.�'M�L; I-I,I 11111 EXHIBIT -C WARRANTY DEED THIS DEED made this day of , 2018, between WILLIAM W. SCHNEIDER and BARBARA K. SCHNEIDER, whose address is 1408 Willow Way, Windsor, Colorado 80550, 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: S 14-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, against all and every person or persons lawfully claiming the whole or any part thereof. 4419225 Pages: 10 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ewa? I 'I "P CN��I��M M�1r�J4+�i f� Yi�h 11111 .l -he singular number shall include the plural, the plural the singular, and the use of any gender shall he applicable to all genders. above. IN WITNESS THEREOF the Grantor has executed this deed on the date set forth OWNER: WILLIAM W. SCHNEIDER & BARBARA K. SCHNEIDER By: William W. Schneider Barbara K. Schneider State of Colorado )ss. County of The foregoing instrument was acknowledged before me this day of 2018, by Owner. My commission expires: Witness my hand and official seal. Notary Public 4419225 09:57 A 11 M R 07/31/2018 Carly Koppes, Clerk Fee $0.00 dill IiP.rl'��I�V;L' �N IctChi il 'AVI TWI4' I I ii II II S13- 111f vR60W 4419225 Pages: 12 of 12 07/31/2018 09:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO III h4�1R�,RN �h �kYiN91 NPl�I�'��P.I��GI�� I41 i !i'+�Wvl� III III Cpr1\ra0 I IJ # � `► S �. MEMORANDUM TO: Board of County Commissioners DATE: July 11, 2018 FROM: Tiffane Johnson, Public Works Department SUBJECT: Accept Warranty Deed for WCR 105 ROW Consent Agenda RE: WCR 105 Improvement Project Accept Warranty Deed for Public Road Right of Way between William W. Schneider & Barbara K. Schneider and Weld County. DOCEKET NUMBER 2018-2150 M_ATiffaneA ROJECTS\C 105 SH 14 TO CR 390\RW 5 SCHNF.IDER\AC HISITION DO piENlyMemo to BOCC.doc -7-1 Cn - (88' `7-14)-18-a7-1s- �� -cgi WARRANTY DEED THIS DEED made this /6 day of , 2018, between WILLIAM W. SCHNEIDER and BARBARA K. SCHNEID R, ose address is 1408 Willow Way, Windsor, Colorado 80550, hereinafter referred to as " rantor," 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: S14-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, against all and every person or persons lawfully claiming the whole or any part thereof. 4416984 Pages: 1 of 5 07/23/2018 12:53 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I OilL10 NA IOW 1I II 020/if- a./" -a 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: WILLIAM W. SCHNEIDER & BARBARA K. SCHNEIDER By: William W. Sch eider Barbara K. Schneider State of Colorado )ss. County of live The foregoing instrument was acknowledged before me this �2iJ day of WO reh 2018, byalliati`1' VVytebtiflt `Yllr;yilt.d Owner. MORGAN BRANDT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174051406 MY COMMISSION EXPIRES 12-15.2021 My commission expires: 4416984 Pages: 2 of 5 07/23/2018 12:53 PM R Fee:$0.00 D Fee:$0.00 Witness my hand and official seal. Notary ublic EXHIBIT -A SIR-T8N-R60W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE WEST ONE-HALF OF SECTION 14, 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. 3860879 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 8 NORTH, RANGE 60 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SECTION 14, AS BEARING SOUTH 00'17'00" WEST, A DISTANCE OF 5304.55 FEET TO THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 8 NORTH, RANGE 60 WEST, ALSO DESCRIBED AS SHOWN; RW-5 THENCE ALONG THE NORTH LINE OF SAID SECTION 14, NORTH 88'38'00" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 105 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 202305, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND CONTNUING ALONG SAID NORTH LINE NORTH 88'38'00" EAST, A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID NORTH LINE SOUTH 00'17'00" WEST, A DISTANCE OF 3879.54 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG THE ARC OF SAID CURVE 246.64 FEET WHOSE RADIUS IS 3040.00 FEET, CENTRAL ANGLE IS 04'38'55" AND WHOSE CHORD BEARS SOUTH 02'36'27" WEST, A DISTANCE OF 246.57 FEET TO A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00'17'00" EAST, A DISTANCE OF 4125.62 FEET TO THE TRUE POINT OF BEGINNING. SAID RW-5 CONTAINS 40,437.67 sf. OR 0.93 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 4416984 Pages: 3 of 5 07/23/2018 12:53 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII1 �1I'1f 'Jf4 CIf IMhhti'��Li14w�ii�'�'�h�tilI�J lIIII MGM OF WAY ACQUISITION SCHNEIDER-RW-5 WELD COUNTY, COLORADO l_, GOON T WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 105 HWY 14 to WCR 390 PROJECT PROJECT NO: HRP-64 SCALE: DATE: 9-18-17 DRAWN BY. DRII SHEET: 1 of 2 EXHIBIT -A S14-T8N-R6OW P.O.C.RW-5- NW COR. T.P.O.B. S14-T8N-R6OW _ MITT 1%2 -w -ALUM. LS18263 2014 N88'38'00"E 30.01' BASIS OF BEARING SOO'17'00"W 5,304.55' rn co rn S00'17'00"W EXISTING 60' ROWS RECP.#202305 MAY 13, 1914 N88'38'00"E 10.00' RICHT—OF—WAY ACQUIRED RW-5 40,437.67 sf. to OR 0.93 ac.± SCHNEIDER RECP.#3 860879 PARCEL#054114000001 L=246.64' =3040.00' A= 4'38'55" CB=S02'36'27"W C=246.57' SW COR. S14-T8N-R6OW FND 2 1/2" ALUM. CAP LS26964 2008 NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. fT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGIIT OF WAY ACQUISITION SCHNEIDER-RW-5 WELD COUNTY, COLORADO �►-sAkk,,i86 GOuNT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 105 HWY 14 to WCR 390 PROJECT PROJECT NC: HRP-64 SCALE: I"=200 DATE: 9-18-17 DRAWN BY: DRH SHEET: 2 of 2 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 the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(l)(a). Dated this /6' day of ATTEST: v• '(`- CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY: Deputy Clerk to the Boar STATE OF COLORADO ) )ss COUNTY OF WELD ) OF T , 2018. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO Y: Zc F _ ,/ z z�, Steve Moreno, Chair BOARD OF COUNTY JUL 16 2018 COMMISSIONERS OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 2018 by Steve Moreno, BOARD OF COUNTY COMMISSIONERS NTY OF WELD. Witness my hand and official seal. My commission expires: 4416984 Pages: 5 of 5 07/23/2018 12:53 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 M�� i' "Ill CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC, 19, 2018 0249 oz/ Hello