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HomeMy WebLinkAbout20180264.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - CINDY OSTER, DANIEL OSTER, ELOIS OSTER, ERIC OSTER, JENNIE OSTER, SANDRA OSTER, AND PAUL OSTER 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 for Certain Improvements to County Road 49 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 Cindy Oster, 1499 10th St., Greeley, Colorado 80631, Daniel Oster, 2502 Coronado Bay, Evans, Colorado 80620, Elois Oster, 22243 County Road 53, Kersey, Colorado 80644, Eric Oster, 4851 Kit Carson Drive, Colorado Springs, Colorado 80902, Jennie Oster, 3633 Voyager Lane, Fort Collins, Colorado 80528, Paul Oster, 17550 County Road 49, La Salle, Colorado 80645, and Sandra Oster, 124 50th Avenue, Greeley, Colorado 80634, 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 for Certain Improvements to County Road 49 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 Cindy Oster, Daniel Oster, Elois Oster, Eric Oster, Jennie Oster, Sandra Oster and Paul Oster, 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. cc.' Pwcc P/irlc), ac -r c6c) 03 -IS-I$ 2018-0264 EG0075 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - CINDY OSTER, DANIEL OSTERM ELOIS OSTER, ERIC OSTER, JENNIE OSTER, SANDRA OSTER AND PAUL OSTER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of January, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD QOUNTY, COLORADO ATTEST: ddavt, w .e..;,,r. Weld County Clerk to the Board BY: Deputy Clerk to the AP D AS ounty • ttomey Date of signature: Oa -23-1$ Steve Moreno, Chair arbara Kirkmeyer Pro-Tem Sean P. Conway C----)----- Cl. ozad Mike Freeman C. _ 2018-0264 EG0075 //C,036" O', o`i cl MEMORANDUM TO: Esther Gesick, CTB DATE: January 17, 2018 FROM: Cameron Parrott, P.E., Public Works SUBJECT: ROW Agreement for Cindy L., Daniel J., Elois Lynn, Eric S., Jennie Elaine, Sandra, and Paul Oster Please place the attached Right of Way 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 IHC. This agreement is for additional Right of Way that IHC needs to accommodate their design of the CR 49 project. IHC will acquire 0.03 acres from the landowners. The agreement allows Weld County to maintain drainage facilities on the property. Weld County is not paying for the Right of Way. IHC included the cost of additional right of way acquisitions in their price for the overall CR 49 project. IHC offered the landowners $650.00 for the ROW agreement. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. CC, Pw C CPI Ytc.) 4::::alOa/I$ 2018-0264 Page I of I c0(775" AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN CINDY L. OSTER, DANIEL J. OSTER, ELOIS LYNN OSTER, ERIC S. OSTER, JENNIE ELAINE OSTER, SANDRA OSTER, PAUL OSTER AND WELD COUNTY, COLORADO THIS AGREEMENT is made thisday of , 2018, by and between Cindy L. Oster, whose address is 1499 10 Street, Gree , Colorad 80631, Daniel J. Oster, whose address is 2505 Coronado Bay, Evans, Colorad 80620, Elms Lynn Oster, whose address is 22243 Weld County Road 53, Kersey, Colorado 80644, Eric S. Oster, whose address is 4851 Kit Carson Drive, Colorado Springs, Colorado 80902, Jennie Elaine Oster, whose address is 3633 Voyager Lane, Fort Collins, Colorado 80528, Paul M. Oster, whose address is 17550 Weld County Road 49, La Salle, Colorado 80645, and Sandra Jo Oster, whose address is 124 50th Avenue, Greeley, Colorado 80634 hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." W ITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached "Exhibit - A" (hereinafter referred to as ("Public Road Right -of -Way"), WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right -of -Way for the benefit of County in order to complete a portion of said 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 at closing and IHC on behalf of Weld 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 Five Hundred and 00/100 Dollars, ($500.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. If this agreement is executed and returned to our office on or before April 21, 2017, IHC on behalf of Weld County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4370662 Pages: 1 of 7 01/26/2018 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ill1 �1a' �r l�hs'IFnM� i�+u�fVi4�Y�1�f i�N��+ii II II O7o/f- od 96) 3. Owner warrants that they are the Owner of the Public Road Rights -of -Way and will defend title thereto against all claims. 4. Owner agrees to grant the Public Road Right -of -Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 5. Owner shall retain the mineral estate under the Public Road Right -of -Way and shall also retain any water rights currently attached to or associated with the Public Right -of -Way. 6. 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. 7. Owner shall pay any encumbrance associated with the Public Road Right -of -Way, which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to 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. COUNTY'S RIGHTS AND RESPONSIBILITIES: IIIC on behalf of Weld 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. 2. IHC on behalf of Weld County shall at closing pay all fees associated with recording this Agreement and/or the Warranty Deed. 3. IHC on behalf of Weld County shall pay Six Hundred Fifty and 00/100 Dollars ($650.00) to the Owner for the Public Road Right -of -Way by County warrant(s) at the date of closing if agreement is signed and returned on or before April 21., 2017. If the agreement is not signed and returned on or before April 21, 2017 IHC on behalf of Weld County shall maintain its current offer of Fair Market Value of Five Hundred and 00/100 Dollars ($500.00) for the Public Road Right - of -Way by County warrant(s) at the date of closing. 4. Prior to construction commencing on the Project and right of way described herein, INC on behalf of Weld County shall construct a temporary fence line along the outside boundary of the Right -of -Way. At the conclusion of construction, IHC on behalf of Weld County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. Owner shall be responsible for maintenance of said fence. 4370662 Pages: 2 of 7 01/26/2018 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 kirdrifiVOC'I L 1Icy!AI lia/Ali III I Page 2 o[4 MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right -of -Way made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. 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. 4370662 Pages: 3 of 7 01/28/2018 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII l�l�.r�L4�(�4Uh� F���'�w N1Kh�Yh �� II Page 3 of 4 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: CINDY L. OSTER, DANIEL J. OSTER, ELOIS LYNN OSTER, ERIC S. OSTER, JENNIE ELAINE OSTER, PAUL M. OSTER and SANDRA JO OSTER By: o1nop Cind I, Oster, Owner By: I Daniel J. Oster, Owner By: t_ 4, Q�,=,� r• " By: By: By: Elois Lynn Oster, weer Eric S. Oster, Owner Paul M. Oster, Owner By: avu`\ ( ll Sandra Jo Oster, wner ATTEST- BOARD OF COUNTY COMMISSIONERS Weld •oun' Clerk to the Bo, d _ WELD COUNTY, COLORADO BY: Deputy Cl to the 4370662 Pages: 4 of 7 01/28/2018 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII PMEINIIIATIV 11111 teve Moreno, Chair JAN 2 4 2018 Page 4of4 ).2sa/j od( '(i EXHIBIT - A PROPERTY DESCRIPTION OF ADDITIONAL RIGHT-OF-WAY FROM THE CINDY L. OSTER PROPERTY A TRACT OF LAND, LYING AND BEING SITUATE WITHIN Lot B of Recorded Exemption No. 1215 -06 -2 —RE -1739, recorded at Reception No. 2452479 of the Records of Weld County, and lying within the West of Section 6, Township 3 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT, on the Easterly Right —of —Way Line of Weld County Road No. 49, whence the West Corner of Said Section 6 bears N12'26'30"W, a distance of 333.90 feet; THENCE ALONG said Easterly Right —of —Way Line, SOO'20'30"E, a distance of 50.00 feet; THENCE, S84'37'29"E, a distance of 25.12 feet; THENCE N00'20'30"W, a distance of 55.00 feet; THENCE S83'57'15"W, a distance of 25.12 feet, to the POINT AND PLACE OF BEGINNING, containing 1,312 square feet (0.03 Acres) more or less. Bearings as shown In the above description are based upon the West Line of Section 6 having a bearing of S00"20'30"E. This property is subject to all rights —of —way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from Information provided to this Surveyor by Weld County Personnel. CO PLS 18468 ADDITIONAL ROW ACQUISITION CINDY OSTER WCR 49 WELD COUNTY, COLORADO L E 1975 Prairie Owl Road Parker, c.0 tit1136 (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 36 & 38 PROJECT NO.: SRP26 SCALE 1"=100' DATE: 10/18/18 !DRAM SY: MSL INSET 1 OF 2 4370662 Pages: 5 of 7 01/26/2018 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO EIJI I �11�'�4 I�G�Y,I11�1C4,��i Y,IL� l�r�hK4fVI4 II II W1/4 Corner _ Section 6, T3N, R64W All existing ownership, Rights —of —Way, and existing easement information has been provided by Weld County. West line Section 6 Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. I ADDITIONAL ROW ACQUISITION RWS2A CINDY OSTER WC R 49 WELD COUNTY COLORADO 1975 Prairie Owl Road Parker, Cu 8018 30 841-2568 4370662 Pages: 6 of 7 01/26/2018 10:22 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder: Weld County. CO PlidriANK Il1Yj I P.'P14 I TIE III III Permanent Easement LOT B RE 1739 WCR 49 Existing R -O -W Permanent Easement L' WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 36 & 38 PROJECT NO.: SRP26 DATE: 10/16/16 DRAWN BY: IMSI SHEET 2 OF 2 i , .fil tit% it n 1 • it i" I .' W 1/4 CoRRkr I • l L Section 6, TAN, R64W I. 1 Ail existing ownershi . ,, i 4 Rights--Hof--Way, and, 11 existing' easement t t inforrnotion nos beers 0 provided .,by •Weld C ,-s" N •s t ;,,; 1/, r • ' V tNote7 This Exhibit sketch dies not represent a MonumentedieLan Survey or Right —off -Way. , It 11s ;ntehded. to show the ottachp d de j rr tiori 'only. 4370662 Pages: 7 of 7 01/26/2018 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III POFAVAVIIICA,IFY 111111 11.C'.Pcc1. :\Y(-)ci`i<c�. 111'. 'Natio►nal I_;ancl S Cre ice ( '►►ii iasi April 7, 2017 MAILED FIRST CLASS AND CERTIFIED 7016 1370 0000 2310 2913 NOTICE OF INTENT TO ACQUIRE PROPERTY AND OFFER TO PURCHASE PROPERTY Elois Oster, et al 22243 County Road 53 Kersey, CO 80644 RE: Weld County - WCR 49 Corridor Improvements Project Project No: SRP-26 Parcels: RW52A Interests to be acquired: Right of Way Acquisition by Warranty Deed (RW52A) Dear Property Owners: Interstate Highway Construction, Inc. (IHC) is in the process of planning and designing a project for the reconstruction of Weld County Road 49 between I-76 and U.S. Highway 34 on behalf of Weld County. This project is considered the Weld County Road 49 Corridor Improvements Project, Phase II ("Project"). Preliminary design has progressed to a point that IHC has determined that it will need to acquire property interests from you to accommodate this improvements project. Recently, IHC retained our company, H.C. Peck & Associates, Inc. to assist in the completion of right of way acquisition necessary for this project. In that regard, by this letter we are presenting an offer for the following: 1) Right of Way parcel required from you is identified as RW42A, consisting of 0.03 acres in permanent right of way by Warranty Deed. IHC on behalf of Weld County has prepared an Analysis of Valuation in order to determine the value of your property and is now in a position to present to you an offer in the amount of $500.00 to purchase necessary right of way referenced above. 4001 Fox Street, Denver, CO 80216 (303) 623-6112 • Fax (303) 623-6301 www.hcpeck.com Enclosed with this letter are the following documents: • Summary Statement of Just Compensation • Agreement for the Purchase of Right of Way and Permanent Easement • Form of Warranty Deed • Exhibits and legal descriptions • Request for tax payer identification form (W-9) All documents referenced above constitute and are relative to IHC 's (on behalf of Weld County) Offer to Acquire necessary property interest for the project. Please review this information. If you a desire a meeting in the field, we can arrange a time to do so at your property. At that time we can also discuss the IHC Offer and contract terms if you have any questions in that regard. If a meeting is not necessary, please sign the enclosed Agreement form where indicated and return it along with a completed and signed W-9 form in the enclosed self-addressed envelope. Incentive to Sign Agreement In an effort to obtain your voluntary agreement to the necessary right of way acquisition, the County has authorized me to increase its offer to you to the amount of $650.00 as payment for all interests required as set forth in the paragraph above. Please be advised that this additional compensation is offered as an inducement to you to accept the IHC (on behalf of Weld County) Agreement and the County has not changed its determination of the fair market value. In order for this enhanced offer to be accepted, it is necessary that we receive the enclosed Agreement and IRS W-9 forms signed no later than April 21, 2017. Once I receive the signed Agreement from you, I will forward it to the Board of County Commissioners for their approval and counter signature. Once the Agreement has been approved and signed by the County, you will be contacted to arrange a closing for this acquisition. If you have questions or comments please contact me. Thank you for your time and cooperation during the process. Sincerely, Senior Right- of -Way Specialist Enclosures: See list above CC: Weld County Public Works SUMMARY STATEMENT OF JUST COMPENSATION Oster, et al 1499 10th Street Greeley, CO 80631 Date: April 7, 2017 Project: WCR 49 Improvement Project Project No: SRP-26 Parcel: RW-52A The amount offered as fair market value was determined in accordance with applicable Federal and State laws and requirements. 1. Right of Way $ 500.00 based on minimum payment 2. Signing Incentive $ 150.00 3. TOTAL $ 650.00 Determination was based on the following information: a. Identification of the real property to be acquired: 17474 County Road 49, La Salle, CO 80645, Parcel RW-52A. b. Type of interest being acquired: Right of Way c. Identification of all improvements, including fixtures to be acquired: None d. Identification of real property improvements, including fixtures to be acquired which are not owned by the landowner: None The subject property has been valued as though clean with the assumption that there are no potentially hazardous substances on or below the surface of the site or in the construction of any improvement. If, at a later date, contamination is found on or in the property that would negatively affect the value, the value finding and subsequent offer will be revised. wig oaW MEMORANDUM TO: Esther Gesick, CTB DATE: February 5, 2019 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Quit Claim Deed for the CR 49 Project Please place the attached Warranty Deed for additional ROW that IHC acquired on behalf of Weld County from Cindy L Oster, Elois Lynn Oster, Jenny Elaine Oster, Sandra Jo Oster, Daniel J Oster, Eric S. Oster and Paul M. Oster on the BOCC Consent Agenda. The original contract ID # was 1635 and the docket number was 2018-0264. Page 1 of 1 MA Active Projects STRATEGIC CORRIDOR\WCR 49 Corridor\ROW\IHC Acquired ROW\Oster\Sand o Oster Deed Acceptance Memo to CTB 02-05-19,docx co -7 off- 45- I 3 -mot -i WARRANTY DEED THIS DEED made this 31 day of Ck , 2018, between Eloise Lynn Oster, as to an undivided onedfifth (1/5") interest in ten in common; Jenne Elaine Oster, as to an undivided one -fifth (1/5`r') interest in tenancy in common; Cindy L. Oster, as to an undivided one -fifth (1/5") interest in tenancy in common; Sandra Jo Oster, as to an undivided orae ftft ( f15"') inter in tenancy in common; Paul M. Oster, as to an undivided one -fifteenth (1/1161) intelrest in tenancy in common; Daniel J. Oster, as to an undivided one -fifteenth (I/15 "intetg in tenancy in common; Eric S. Oster, as to an undivided one - fifteenth (1/lr) interest hi Colorado, hi serration, of the County of Weld, State of Colorado, Grantors, and County. of Weld, a body corporate and politic of the State ofCo1ot whine legal address is 1150' 'O" Sheet, Greeley, Colorado 80631, of the Coin of Weld, State of Colorado, Grantee: WITNESS, that the grantor, fit the nne o 'fkte Dollar; andothergucd and valuable consideration, thb remise aid sufficiency of which is hereby a Omowledgett kis granted, bargained, soldordeonvnired, and by these presents tikes grant, barea'in, set con y and confirm, LIMO the Elaittt e, their heireefld assigns +rever, all the PMPtetY *tether nigh improvements, lfatr , sitrinte, lying and being in the County of Weld a ntSt$e otenhannjp, described as follows; SEE ATTACHED EXHIBIT "A" Also known as Schedule #121506200010 (part of) TOGETHER with arll' and singular the hereditartients and appurtenances ,tLhereentry belonging, or in anywise'pertaining, and the reversion aendreverslees, rennin& and' remainders, reams, hates and profits hereof, and all CAW, right tided interests, camand: de mru id whatsoever of the grantor, either in law or equity, of. in and to the aboychargained premises, with the hareditaments and, appurtenances. TO HAVE AND TO HOLD the said premises above bargained and ► with the appurtenances,.. unto the grants, their' heirs and assigns forever. Ate the grantori 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 tine of the wing end 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. 4468704 Pages: 1 of 11 02/22/2019 11:38 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 ridiali a1s ii ii1 o2D/F-Do2L ie Elaine Oster STATE OF COLORADO COUNTY O ,11 Jt. The foregoing iisstrcrrfent vials ack iiwledged before me this , 2018, by Jennie Elaine Oster. My co s expires; 1.44,1 4468704 Pages: 2 of 11 CarlZZ1aand Recorder, Weld County, CO Carly Koppe , Clerk IIIII lVANPAI{IMI IMIX f IXDR «A'IMIti 111111 3t day of Witness my hand and official seal. Notary PAC 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. IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. Elois Lynn Oster 4,14 -.1/4 -- STATE OF COLORADO COUNTY OF Wdl )ss. Th forF oing instrument was acknowledged before me this day of 2018, by Elois Lynn Oster. Witness my hand and official seal. My commission expires: Julia Pipet Notary Public State of Colorado Notary ID 20074016428 My Commission embus AO 24, 2012 4468704 Pages: 3 of 11 02/22/2019 11:38 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. Cindy L. Oster, Owner Elois Lynn Oster, Owner Jenny Elaine Oster, Owner Sandra Jo Oster, Owner State of County of Daniel J. Oster, Owner Eric S. Oster, Paul M. Oster, Owner The !s atkelowledged before one igs day of 20 , by Calm L Oaf.. [haler J Oster, Elois Lyn , ' Oster, Sul M. Oster, Sandra Jo:Oster, Oumers , €mac S , My cvrninission expires: Witness my hand and officid seal. Notary Public SrATB or Po LO COUNTY OF Fir. PA* The fonegohtg matron e t was sokaowlednod Won me this'' / day or 1, , 20j by COY E 3ft+1Fri 0 Sra his i ,to 41104' t.. ---47(44:01411e MKy tl 1et Public's Swaim Notary My Commission Exp. ja.t .I7„� 4468704 Pages: 4 of 11 02/22/2019 11:38 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII kIrditillINICAPEPOIffillklilintlig.ilki11 II THELMA ANN GARCIA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954009230 MY COMMISSION EXPIRES JUNE 13, 2019 i IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. Cindy L. Oster, Owner Muss Lyme Oster, Owner fenny Blaine Oster, Owner Jo Oder, State of C'.cwcwao colim,or Owl )as. Pod .Q.tac, CONINCr The Bing inalnenant vial acknowladgeit befitiro nap tld'a Ai day of 2011, by fir,L. Oster, Daniel J. i ,.€I *. at er, , -es t% Nil M. Qatar, gesdetiveriser, OwseRs. Witte m band and Wiseat. My commission expires: ci, 410, MowyNMo Illtiveltedwab weave 180110071 MitOIweMiM ilipbeeM/ MMqow 4468704 Pages: 5 of 11 02/22/2019 11:38 AM R Fee:$0.00 D Fee:$0.00 Carly Kioppes, Clerk and Recorder, Weld County, CO lilt rj! t hi�4'Lh���IaIM triUk'1 iiya' i ifillli4 STATE OF COLORADO COUNTY OF t,t)P.l�i The, foregoing )ss. instrument was acknowledged before me this 2018, by Cindy L. Oster. My commission expires: s-70)-40 Pages: 6 of 01. @@ D Fee:$0.@@ $0 . @@ 4468704 R Fee:$0.00 $ ,III I Carly 02/22/2019 S1:38 A � ����E���W� ` Clerk and Recorder, Weld County, C ireCarly KoPPes, � day Wij ss my hand and official seal. JENE REGELNE NOTARY PUTILIC 87'ATO OF COLORADO NOTMY COMMISSI0N.ISEs C4- 2O19 of rilif10111 C;Idr2FL- Sandra Jo Oster STATE OF COLORADO COUNTY OF Weld )ss. The foregoing instrument was acknowledged before me this 3 A.,2) day of icy ; / , 2018, by Sandra Jo Oster. My commission expires: /-l� Witness my hand and official seal. c_1 L' Notary Public ANITA B. ADOLF NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19914012312 MY COMMISSION EXPIRES SEPT. 23, 2019 4468704 Pages: 7 of 11 02/22/2019 alnd Recorrder$0.0 dCoun v$000 0 1 111 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts said parcel, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this day of ATTEST: dal/ eid"'‘1 CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF TH COUNTY OF W BY: Deputy CI STATE OF COLORADO ) )ss COUNTY OF WELD ) ,2019. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO a • ara Kirkmeer, Chair BOARD OF COUNTY FEB 13 2019 COMMISSIONER OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this /%7., day of , 2019, by Barbara Kirkmeyer, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: 11- ►5-2o2.Z 4468704 Pages: 8 of 11 02/22/2019 11:38 AM R Fee:$0.00 $0.O d D Fee $ 00 0 Car1Y Koppes, Clerk and Recorder, ay). II III Notary Pu lic BETHANY FORD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184044373 MY COMMISSION EXPIRES NOVEMBER 15, 2022 aWl?- D,?-t- EXHIBIT - A PROPERTY DESCRIPTION OF ADDITIONAL RIGHT—OF—WAY FROM THE CINDY L. OSTER PROPERTY A TRACT OF LAND, LYING AND BEING SITUATE WITHIN Lot B of Recorded Exemption No. 1215 -06 -2 —RE -1739, recorded at Reception No. 2452479 of the Records of Weld County, and lying within the West of Section 6, Township 3 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT, on the Easterly Right —of —Way Line of Weld County Road No. 49, whence the West Corner of Said Section 6 bears N12 -26'30"W, a distance of 333.90 feet; THENCE ALONG said Easterly Right —of —Way Line, S00'20'30"E, a distance of 50.00 feet; THENCE, 584'37'29"E, a distance of 25.12 feet; THENCE N00.20'30•"W, a distance of 55,00 feet; THENCE S83'57'15"W, a distance of 25.12 feet, to the POINT AND PLACE OF BEGINNING, containing 1,312 square feet (0.03 Acres) more or less. Bearings as shown In the above description are based upon the West Line of Section .6 having a bearing of SOO'20'30"E. This property Is subject to all rights —of —way and easements of whatever kind. both recorded and implied which may be in effect at the time of this document, Thie propsrty° description was prepared entirely from info tan proirtileci to this Surveyor by Weld County Personnel, aF+.,tAfaif; CO PLS 18468 ADDITIONAL ROW ACQUISITION CINDY OSTER WCR 49 WELD COUNTY, COLORADO 1975 Prairie Owl Road FtWioviriita Parker, W &w158 (3031841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 36 & 38 PROJECT NO.: SRP26 P"'"`: rr,00• DATES 10/12/18 'DRAW BY: MSL , Op 2 4468704 Pages: 9 of 11 02/22/2019 11:38 AM R Fee:$0.00 $0.0►d D aunty $0 . 0 Carly Koppes, Clerk and Recorder, 11111 -- —S' Slp Amts -e Sii..sisiSSESOSIls Swath iSIISSIESISSIO LY 1/4 Corner Section 6, T31V, R641/ All existing ownership, Rights —of —Way, and existing eoseCnent informotion has been provided by Weld County. a - I I a O U) I I I I I I I I 1 p 1 I I 1 I 1 I I I 1 MID I I i West Line .Sec len 6 1 1 f s 00na' o" so.00' 1 1 I I I I I $ 1 1 a $ I 1 I 1 1 I I 1 a Note; This Exhibit sketch does not represent a Mor►uznented Land Survey or Right --of -Way. It �s I intended to show the attached prooert description only. 1, ADDITIONAL ROW ACQUISITION CINDY OSTER WCR 49 WELD COUNTY, COLORADO I sign a - WC)'149 I I i 1 1 _ TIE ---- N12 -26'30"W — 333.90' I I I Permanent / Easement 1 CINDY L., DANIEL J., IIDUANE F., ERIC S., :AND JENNIE ELAINE OSTER I 1 1 1 1 I LOT B RE 1739 S 83'57'15" W, 25.12' N 00'213'30d W, 55.00' Addittona/ ROW To Be ,tcctivred- t,.�l2 sq. ft. - 003 Acres -S 84'.37'29" E, 25.12' WCR 49 Ensting R-0- W %.13/48: Peron c , -nt 1 Easement I ?1‘ LUCKE1TI S URVEY1 NG 1975 Prairie Owl Road Parker, CO soi3r -- 303 841-2563 4468704 Pages: 10 of 11 02/22/2019 11:38 AM R Fee:$0.00 $0 .0 Wed D Co Fee:$0.00 Carly KoppeS: Clerk and Recorder. '` nty, CO WI1 k � � i ' i ii ����i�iYi,l III I 1 I I WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 36 & 38 PROJECT NO.: SRP26 CALF 111100' DATE: 10/18/ 8 1DRAJ BY: MSI. SHEET 2 CF 2 i 4 } 0 • rams • r • S e • s Is 4/ 1/4 c:'otimer` S#c f,Un C, 73A' .Q644• iii! n'ti!,n;; 'Min" �i 1c.rr11l~tIi.i' r' Dvides: _;y '.1+e C 0 •. I I 0 ret W 4 a -'4o end, I • nen•-• 1.1 t l i War Lire Sutton 8 i I • 1 • • ,ntP: ' nk Exhibit ar� sketch dos$ ' �,• -: r'rn -•r• is Manumw tece Lodi -1 Jrti eerbseNtly , it ;s r, tend.;-•. to ►PP'. --'.1 ti '-1 +P_• Id property leyvinnon cry: WC; ADDITIONAL ROW ACQUISITION CINDY OSTER VCR 49 WELD COUN1 Y, COLORADO I • t I 1 I i • 1 \ • Y ♦ • • •"`• • • • a Ir • a a •` Ire 'mane ►r r A s L ♦ I r. N • 4 it i, ,y Y q r • k*I i 14'1 49 ^:e it. 0.W Edstmen • It •1:44♦"t • S. =� S. � V tri tuc`�Errr As, SURVEYING 1975 Prairie Owl Road ----Ta'rl<elyCi3 SU1B8— 303 841-2568 • .f I • ti • N A - Q .a • '464aw .Z'. ..• r I • I i • • • • It • 7410(1 • • • • at • • • • • a • • 4. r WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 36 & 38 °ROJECT NO.: SRP26 DATE: 10/18/16 DRA\St4 BY: MSL I 4468704 Pages: 11 of 11 02/22/2019 11:38 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO III rj!'IM,i 'Iir'!ci !i'I' I4'I' Ik1.Ii) I II Hello