Loading...
HomeMy WebLinkAbout20183527.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS (BRIDGE 91-40A REPLACEMENT) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-TEAGUE ENTERPRISES, LLC 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 Certain Property for Public Road Improvements to (Bridge 91-40A Replacement) 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 Teague Enterprises, LLC, 15366 MCR O, Fort Morgan, Colorado 80701, 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 Certain Property for Public Road Improvements (Bridge 91-40A Replacement) 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 Teague Enterprises, LLC, 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• PWCTJ(CR), ckc1c c) 2018-3527 car a i g- EO0075 RE: AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS (BRIDGE 91-40A REPLACEMENT) -TEAGUE ENTERPRISES, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d:ttife,t) <' /2 ' c �; Steve Moreno, Chair Weld County Clerk to the Board rbara KirkmeyerPro-Tem BY: Oflhii Y,� Deputy sTerk to the Board% La\:can P. ponway APP D AS .,"-jFeA ' ;, �. Cozad County Attorney 1 � �� '� Mike Freeman Date of signature: 12/3//8 2018-3527 EG0075 ` s MEMORANDUM r, 4 TO: Board of County Commissioners I� DATE: October 19, 2018 1 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item 01, RE: BRIDGE CR 91-40A REPLACEMENT PROJECT Approval of an Agreement for Purchase of Certain Property for Public Road Improvements between Teague Enterprises LLC and Weld County, Colorado. cc Pw C TJ) 2018-3527 11 / 15 SIB' C:AUsers\choffman\AppData\LocalV"temp`3ebtadfc-0ldb-45c3-8b74-a728f42429dc.doc 0015 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN TEAGUE ENTERPISES, LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 6� day oL12 , 2018, by and between •Teague Enterprises,LLC, a Colorado Limited Liability Company,whose address is 15366 MCR O, Fort Morgan, Colorado 80701, hereinafter collectively referred to as "Owner," and the WELD COUNTY, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1 150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WHEREAS, Owner owns a parcel of real property containing the property described in the attached Exhibit A (hereinafter referred to as ("Right-of-Way" or ROW), and property described in the attached Exhibit B ("Temporary Construction Easement" or TCE), which are hereinafter referred to collectively as the "Property", and WHEREAS, County finds it necessary to rebuild the Weld County Road 91/40-A Bridge which will improve the bridge and alignment of the roadway, hereinafter referred to as "WCR91/40-A Bridge Project" (the "Project"), and WHEREAS, Owner wishes to cooperate with County in completing the Project. NOW, THEREFORE, the parties herein agree as follows: I. EXHIBITS INCORPORATED. The following exhibits are attached and incorporated into this Agreement. Exhibit A—Description, Depiction, and Form of ROW. Exhibit B —Description, Depiction, and Form of TCE. II. COMPENSATION; PROPERTY CONVEYANCE 1. Total compensation to be paid by County to Owner, as described below, is Five Thousand Dollars, ($5,000.00). a. Owner agrees to sell and County agrees to purchase at closing the Public Road Right-of-Way described and depicted on Exhibit A for the sum of Five Hundred Dollars, ($500.00). b. Owner agrees at closing to sell and County agrees to purchase the Temporary Construction Easements described on Exhibit B for the sum of Four Hundred Ninety Dollars, ($490.00). 2. The parties acknowledge and agree that said purchase price represents full, fair and 4445315 Pages: 1 of 11 ,65-02.711/09/2018 10:53 AM R Fee:$0.00 oz, Carly Koppes, Clerk and Recorder, Weld County, CO Page 2 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN TEAGUE ENTEPRISES,LLC AND WELD COUNTY,COLORADO valuable consideration. III. PUBLIC ROAD RIGHT(S)-OF-WAY 1. Owner agrees to grant the Public Road Right-of-Way to the County by Deed of Dedication as provided in Exhibit A. 2. Owner shall deliver the fully executed Deed of Dedication for the Public Road Right-of- Way to County at the date of closing which shall be no later than thirty(30) days following mutual execution of this Agreement. The dedication shall not be valid until accepted and approved by the Board of County Commissioners and signed by the Chair or other person delegated authority to sign on behalf of the Board. 3. Owner shall retain the mineral estate and any water rights currently attached to or associated with the Property, if any exists. IV. TEMPORARY CONSTRUCTION EASEMENT(S) 1. Owner hereby grants a Temporary Construction Easement (TCE) to the County covering all property described and depicted in, and subject to the terms provided in, Exhibit B. 2. Owner shall not interfere with County's authorized use of the TCE during the term of the TCE. V. CLOSING 1. County shall not be liable for any encumbrance associated with the Property prior to the date of closing. Owner shall pay any encumbrance associated with the Public Road Right- of-Way,and the Temporary Construction Easement which is required to be paid, including, but not limited to,a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Deed of Dedication 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. 2. County shall at closing pay for the cost of obtaining title insurance if County elects to obtain title insurance for the Property. 3. County shall at closing pay all fees associated with recording this Agreement, the Temporary Construction Easement, and/or the Deed of Dedication. 4445315 Pages: 2 of 11 11/09/2018 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Page 3 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN TEAGUE ENTEPRISES,LLC AND WELD COUNTY,COLORADO VI. MISCELLANEOUS: 1. This Agreement and the conveyance of the Property 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. 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. 5. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. No oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 3. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 4445315 Pages: 3 of 11 11/09/2018 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII�l��lhN1� 4 �G�'�;�J�1i�t�h���9hJ�tl �l� W�h 11 111 Page 4 of 4 AGREEMENT FOR THE PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS BETWEEN TEAGUE ENTEPRISES,LLC AND WELD COUNTY,COLORADO IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Teague Enterprises, LLC By: Title: (Y)e►nbCr ATTEST: di/1) v' '4k BOARD OF COUNTY COMMISSIONERS Weld C ty Cle to the oard WELD CO TY,�COLORADO BY: / ) Deputy CI k t the B `` E Steve Moreno, Chair If 1851c • ',1;i.,. ' 4319 4445315 Pages: 4 of 11 11/09/2018 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 'li1 d'Tll LfiliNIMIVN1/4l h III II /8 —,5 5027 EXHIBIT-A NE 1/4 S28-T4N-R61W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 61 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. 3918109 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 10.00 FEET OF THE EASTERLY 50.00 FEET OF THE SOUTHERLY 550.00 FEET OF SAID NORTHEAST ONE-QUARTER. SAID PARCEL CONTAINS 5,500.00 sf. OR 0.13 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. xn • DANIEL R. HOLMES ��Or PLS 38213 ;,.13 .4;p Oi 82,3%gio „....,,...„,_5_17 / 4445315 Pages: 5 of 11 11/09/2018 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII kir rilN4a 1+1 Mil fl 4+ ilin:rligr hip's ilk II II RIGHT OF WAY �4 WELD COUNTY DEPARTMENT "'� 861 . OF PUBLIC WORKS ACQUISITION r c-- ` �/ r. BRIDGE 91/40A PROJECT TEAGUE ENTERPRISES LLC PROJECT NO: BR-127 SCALE: WELD COUNTY,COLORADO "1-1 C U tN I T DATE: 3-30-17 DRAWN BY: DEW SHEET: I of 2 EXHIBIT- , NCI iii. S28-liN- 6111V I I 1 ''~-NE SEC. COR. 1 40'-r S28—T4N—R61W �.,_+. FND 3 1/4" ALUM. CAP kixisimc PLS 34995 2012 Si TEAGUE 1 ENTERPRISES LLC 1 RECP.# 3918109 PARCEL#104728100018 I 1 1 T� i RIGHT—OF—WAY---- "" 1 ACQUIRED I 5,500.00 sf. , OR 0.13 cc.t 1 .r, /31JOU ii E CANAL r ' \SO1t` `ti; CD to '.31.1O! t Iif Ni•;I / jI12 & n ._ NAL itAN.t 2 1 1 I re 1 EXISTING 40' ROW 10.- -*— I REC#329322 JUNE 11, 1920 i '`I 1 1 P.O.C. E-1/4 COR. 1 S28-T4N-R61 W 1FND #6 REBAR 1 1 1 � NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A , 1 MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. 1 r 1 IT IS INTENDED TO ILLUSTRATE THE ATTACHED r f PROPERTY DESCRIPTION ONLY. 1 f RiGIIT OF WAY WELD COUNTY DEPARTMENT ACQUISITION ;1861.`•'" OF PUBLIC WORKS BRIDGE 91/40A PROJECT TEAGUE ENTERPRISES LLC ' tT I. PROJECT NO: AR-127 SCALE IGO WELD COUNTY,COLORADO • __ — 11 DATE. :1-7 -17 DRAWN BY: DRII SHEET: 2.ui', 4445315 Pages: 6 of 11 11/09/2018 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII NIIIIONalif lh ida k Juhiill lief ikkYk II II DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this_day of , 2018, between Teague Enterprises, LLC, a Colorado Limited Liability Company, whose address is 15366 MCR O, Fort Morgan, Colorado 80701 (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "Grantee"),whose legal address is 1150 "O" Street,Greeley,Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged,does,pursuant to Colorado Revised Statute §43- 2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights-of-way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non-tributary and not non-tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: Teague Enterprises, LLC STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of ,2018, by 2 Witness my hand and official seal. o Notary Public U ACCEPTANCE CS)m The County of Weld, by and through its Board of County Commissioners,hereby accepts the w3 above dedication of property as a Public Highway (Public Right-of-Way)pursuant to C.R.S. .4;41.- §43-2-201(1)(a). odo r-��x Dated this day of , 2018. ma Chair, Board of County Commissioners Y O-inwL mU 1 N Z mm ar *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant N° to C.R.S. 43-2-201(1)(a). � L= EXHIBIT B GRANT OF TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (TCE), is made between Teague Enterprises, LLC, a Colorado Limited Liability Company, whose address is 15366 MCR O, Fort Morgan, Colorado 80701, (referred to herein as "Owner", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as "County"): WITNESSETH: That Owner, for and in consideration of payment made by County, the receipt and sufficiency of which is hereby acknowledged, does hereby dedicate and convey unto Owner a Temporary Construction Easement, covering that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. Subject to the following conditions: 1. The TCE is conveyed from Owner to County immediately and shall expire and be of no further force or effect two years later, or upon the County's determination that the Project is complete, whichever is earlier. 2. The right to use the TCE shall belong to the County and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of the County for the purpose of surveying, appraising, establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, or repairing the roadway improvements, including the storage of materials related to said roadway improvements. 3. County shall have the right of ingress, egress, entry and access in, to, through, on, over, under, and across the TCE from any adjacent property to which County has legal access, for any and all purposes necessary and/or incident to the exercise by the County of the rights granted to it hereunder. At the expiration of the term of this TCE, County shall promptly repair any damage to Owner's property caused by County, its agents, employees, contractors,guests,invitees,and all those acting by or on behalf of County so as to maintain the Owner's property in substantially as good or better condition as existed prior to use by County. 4. County agrees that any current access to the property from the Right-of-Way shall remain open throughout the term of the TCE. 4445315 Pages: 8 of 11 11/09/2018 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 NOM N'11aM Milli GRANTOR: _ 0/#4//Sade , Teagu Enterprises, LLC STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of O , 2018, by Witness my hand and official seal. Maic�P V _ Notary Public TIFFANE V. JOHNSON NOTARY RUBUC STATE OF COLORADO NOTARY ID 20154009170 MY COMMISSION EXPIRES MARCH 4,2019 4445315 Pages: 9 of 11 11/09/2018 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Sill INritinhili r4 1ielftliM Ol'ihrlialkk BM EXHIBIT-B NE I/4 S28-T4N-R61W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 61 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. 3918109 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 61 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 28 AS BEARING NORTH 00'31'41" WEST, A DISTANCE OF 2689.03 FEET TO THE NORTHEAST CORNER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 61 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG SAID EASTERLY LINE NORTH 00'31'41" WEST, A DISTANCE OF 52.69 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89"28'19" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 91 AS DESCRIBED IN THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 329322, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE NORTH 47'16'02" WEST, A DISTANCE OF 210.42 FEET; THENCE NORTH 04'28'03" WEST, A DISTANCE OF 245.76 FEET; THENCE NORTH 41'57'34" EAST, A DISTANCE OF 251.87 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-LINE LINE SOUTH 00'31'41" EAST, A DISTANCE OF 575.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 66,487.30 sf. OR 1.53 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES '� LI PLS 38213 : 38213 r-��- 4445315 Pages: 10 of 11 11/09/2018 10:53 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 111 WELD COUNTY DEPARTMENT TEMPORARY EASEMENT A.` OF PUBLIC WORKS ACQUISITION TT /_l 1 BRIDGE 91/40A PROJECT TEAGUE ENTERPRISES LLC r - \ PROJECT NO: BR-127 SCALE: WELD COUNTY,COLORADO U • :✓G-_v { DATE: 3-31-17 DRAWN BY: DRI-1 SHEET: 1 oft EXHIBIT-B NE I/4 S28-T4N-R6M I 1I ''~NE SEC. COR. S28-T4N-R61 W iFt FND 3 1/4" ALUM. CAP TEAGUE ItX SfNc; PLS 34995 2O12 ROW ENTERPRISES LLC RECP.# 3918109 rx PARCEL#104728100018in b� :16 ),- ( Cl, Q 4•F, I �� 0� T-1M 0 C\� CA 'CO Ica (4- .., . I>� U ,� -,0 I0 r-- �o di ,z IN ,n ih w E CV -71- ‘t- O p) i z O • O O R EASEMENRY EXISTING 40' ROW ACQUIRED +55. REC#329322 66,487.30 sf. /6. JUNE 11, 1920 OR 1.53 ac.± 024 4/7c'1O I •AQ. I I T.P.O.B. yr:( _NOO.31'41"W S89.28'19" 52.69' - ----- - ----- 4QQ0' -- -- ---- 1 P.O.C. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A I I E-1/4 COR. MS28-T4N-R61W IT IS UMENTED LAND SURVEY INTENDED TO ILLUSTRATE OR LAND THE ED PLAT. �!! f FND #6 REBAR PROPERTY DESCRIPTION ONLY. I f 1 , WELD COUNTY DEPARTMENT TEMPORARY EASEMENT - -^.' OF PUBLIC WORKS ACQUISITION , .' �r�! �" .. ' BRIDGE 91/40A PROJECT TEAGUE ENTERPRISES LLC �, PROJECT NO: BR-I27 SCALE 1"-I00 4445315 Pages: 11 of 11 U ty T Lm:--- 11/09/2018 10:53 AM R Fee:$0.00 DATE: 3-3I-17 DRAWN BY: DRII SHEET: 2of2 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Klink MillirMil*G.Oll I1VM III 8 f ,, MEMORANDUM oLf. r , I1 TO: Board of County Commissioners 0 DATE: November 7, 2018 , ° ' V 1 FROM: Tiffane Johnson, Public Works Department r.x �t SUBJECT: Consent Agenda Item , ' �Y CONTRACT ID #2444 DOCKET 2018-3527 RE: BRIDGE CR 91-40A REPLACEMENT PROJECT Acceptance of Deed of Dedication between Teague Enterprises LLC and Weld County, Colorado. C C; 14i>C��tuG) //— /4-- /g e.2-o/L-,5SO4 7 C:AUsers\choff \AppData\Local\Microsoft AWindowsV"Temporary Internet Dies\Content Outlook\d0/BI IMC i ME MO 1O BOCC DOD d c DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY THIS DEED, made this/ day of , 2018, between Teague Enterprises, LLC, a Colorado Limited Liability Company, whose address is 15366 MCR O, Fort Morgan, Colorado 80701 (referred to herein as "Grantor", whether one or more), and the County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners (referred to herein as"Grantee"),whose legal address is 1150"O" Street,Greeley,Colorado 80631: WITNESSETH: That Grantor, for and in consideration of payment made by Grantee, the receipt and sufficiency of which is hereby acknowledged,does,pursuant to Colorado Revised Statute §43- 2- 201(1)(a), hereby dedicate and convey forever unto Grantee for use as a Public Road Right-of Way, that real property lying and being in the County of Weld, State of Colorado, to wit: The real property described and depicted on the attached Exhibit. EXCEPTING oil, gas, hydrocarbons, and mineral leases, liens, encumbrances, rights-of-way, easements and utilities thereto existing or of record, and RESERVING unto Grantor the mineral estate under said property, including oil, gas, hydrocarbons and any and all water rights including non-tributary and not non-tributary water currently attached to, upon, under, or associated with said property, except as required to sustain the integrity of the Public Highway. GRANTOR: 27e1- 143"" 1-1-"e Teague Enterpnses, LL STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this G day of 1<-611[2) Al S tv ctuA4 �t ' TIFFANE V. JOHNSON NOTARY PUBLIC STATE OF COLORADO Witness my hand and official seal. elf a OMMIs"s I EXPIRES MARCH 4,2919 S No Public o2 ACCEPTANCE U m3 The County of Weld, by and through its Board of County Commissioners, hereby accepts the cgTL above dedication of property as a Public Highway (Public Right-of-Way)pursuant to C.R.S. wvt §43-2-201(1)(a). Olio U �a Dated this/i�tday of , 2018. cm wa. Chair, Board of County Commissioners aww mVM H � MOD. *No Deed of Dedication is valid until accepted by the Board of County Commissioners pursuant m'T to C.R.S. 43-2-201(1)(a). ��i ozO/t- �0�7 EXHIBIT-A NE 1/4 S28-T4N-R61W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 61 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. 3918109 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 10.00 FEET OF THE EASTERLY 50.00 FEET OF THE SOUTHERLY 550.00 FEET OF SAID NORTHEAST ONE-QUARTER. SAID PARCEL CONTAINS 5,500.00 sf. OR 0.13 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. ;suT DANIEL R. HOLMES 1 PLS 38213 *y , j821 3•,X t is�?��•/�_ �_ /7 •�� It J Latl 4447365 Pages: 2 of 3 11/19/2018 10:16 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Min iillitliMAILMIAMNIv 11111 RIGHT OF WAY WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION ,•-. BRIDGE 91/40A PROJECT TEAGUE ENTERPRISES LLC PROJECT NO: BR-I27 SCALE. WELD COUNTY,COLORADO L U DATE: 3-30-17 DRAWN BY: DRH SHEET: 1 oft EX El 1B IF-A IF-A NE , ,8-TL,N ,,f, 1 ► I qI -4 -- -- - SEC. COR. I S28-T4N-R61 W 1_...42.:_.1 FND 3 1/4" ALUM. CAP XIS TING PLS 34995 2012 TEAGUE 1 ROW ENTERPRISES LLC 1 1 RECP.# 3918109 1 PARCEL#104728100018 1 CA oC RIGHT—OF—WAY �..". ACQUIRED 5,500.00 sf. OR 0.13 ac.± O W Ir )i. ,r s y Ln I EXISTING 40' ROW 10' j REC#329322 JUNE 11, 1920 4447365 Pages: 3 of 3 11/19/2018 10:16 AM R Fee.$0.00 I Carly plKoppes, Clerk and Re`corde`r,L{W.e..I iiiLi_nl'ty, `C° P.O.C. III Rt'� ��lifYYf1IIT11ir��ill fY�R1YI�NIAIMi� �Yh ,��l� I E-1/4 COR. S28-T4N-R61 W FND #6 REBAR rti NOTE: 1 S E EXHIBITS MONUMENTED LAND SURVEY OR N LAND SURVEY PLAT 1 r IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. WELD COUNTY DEPARTMENT RIGHT OF WAY . 1 e. , ACQUISITION =�- �861 " - OF PUBLIC WORKS TIUTUVW BRIDGE 91/40A PROJECT'TL•AUUE EN.II �PRISLS LLC ff r4 -/ PROJEEf NO. BR-I27 SCALE' 1"---WO WELD COUNTY,COLORADO V` C C D N T Y77 r DATE: --O-I- DRAWN BY: DRH SHEET: 2 o 2 Hello