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Home My WebLink About20173099RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - WAYNE AND KRIS HOWARD 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 County Road 47 Corridor Improvement Project 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 Wane and Kris Howard, 7227 W. Canberra Street, 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 and Temporary Construction Easement for County Road 47 Corridor Improvement Project 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 Wayne and Kris Howard 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. ��- PWC-rr/ ER/ Mc) Co-Call),caCTCBG) 9/aCo/17 2017-3099 EG0074 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT - WAYNE AND KRIS HOWARD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of September, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dol..%) ,(.1 Weld County Clerk to the Board BY: uty Clerk to the Board APP' : ' ED AS T ttorney Julie A,4 ozad, Chair Steve Moreno, Pro- em Date of signature: 0I 10 of Sean P. Conway 2017-3099 EG0074 lfriat ii) -±F ! 370 MEMORANDUM TO: Clerk to the Board DATE: August 3, 2017 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of Agreement RE: WCR 47 Corridor Project. Acceptance of an Agreement for Right -of -Way & Temporary Easements from WAYNE & KRIS HOWARD. Administration\Forms'MEMO-Form.doc c : One) case. pw.t)C Tr.) 01 /cot ( 7 2017-3099 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR THE WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT, BETWEEN WAYNE A. HOWARD AND KRIS A. HOWARD AND WELD COUNTY, COLORADO THIS AGREEMENT is made this (044i day of , 2017, by and between Wayne A. Howard and Kris A. Howard whose address is 7227 W. berra Street, Greeley, CO 80634, 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 47 (hereinafter referred to as "WCR 47"), which will improve the alignment of the roadway, (hereinafter referred to as "WCR 47 Corridor 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 Easement 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". 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). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 1 of 5 ol1-3099 E.G'OO-1H 4333555 Pages: 1 of 13 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO iv I COL1'4IVINIuVPIP tiMl+ NI/1101MMk "III 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. This Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on December 31, 2019, 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 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. 2 of 5 4333555 Pages: 2 of 13 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� MildrflliuVINhirgi i4 I Minn' Mk 11111 COUNTY'S RIGHTS AND RESPONSIBILITIES: I . County shall pay Fifty Thousand and no/100 Dollars ($50,000.00) 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 May 13, 2017. 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 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 3 of 5 4333555 Pages: 3 of 13 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIIIYoh EI II 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 4333555 Pages: 4 of 13 09/07/2017 10:30 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO 11111VIC IA1444111 written. 1N WITNESS WHEREOF, the parties have sct their hands on the day and year first above Landowner: WAYNE A. HOWARD AND KRIS A. HOWARD By: Kris A. Howard ATTEST: BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL ' RADO dithA) V.-do:11 Weld County Clerk to the Board tea• Re_nettz ty Clerk to the Board 4333555 Pages: 3 of 13 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Wald County, CO 11111 5 of 5 aoI,-3O99 EGoO-1y EXHIBIT -A NE 1/4 S26-T6N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF CORRECTED RECORDED EXEMPTION NO. 0803 -26 -1 -RE -2930 (RE -2930) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3681944 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID NORTHEAST ONE -QUARTER AS BEARING SOUTH 00'46'32" EAST A DISTANCE OF 2653.30 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EASTERLY LINE OF SAID NORTHEAST ONE -QUARTER SOUTH 00'46'32" EAST, A DISTANCE OF 60.00 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'15'51" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 47 AND ALSO BEING THE SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD 66 SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 00'46'32" EAST, A DISTANCE OF 558.50 FEET TO A POINT ON THE SOUTHWESTERLY LOT LINE OF LOT A OF SAID RE -2930 WHICH IS ALSO THE POINT OF A NON -TANGENT CURVE THAT IS CONCAVE TO THE SOUTHWEST; THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID SOUTHWESTERLY LOT LINE AND THE ARC OF SAID CURVE 225.27 FEET WHOSE RADIUS IS 1500.00 FEET, CENTRAL ANGLE IS 08'36'17" AND WHOSE CHORD BEARS NORTH 32'59'50" WEST, A DISTANCE OF 225.06 FEET; THENCE NORTH 00'46'32" WEST, A DISTANCE OF 275.75 FEET; THENCE NORTH 45'45'21" WEST, A DISTANCE OF 109.56 FEET; THENCE SOUTH 8915'51" WEST, A DISTANCE OF 293.09 FEET TO A POINT ON THE SOUTHWESTERLY LOT LINE OF LOT A OF SAID RE -2930 WHICH IS ALSO THE POINT OF A NON -TANGENT CURVE THAT IS CONCAVE TO THE SOUTHWEST; THENCE ALONG SAID SOUTHWESTERLY LOT LINE AND THE ARC OF SAID CURVE 27.35 FEET WHOSE RADIUS IS 1500.00 FEET, CENTRAL ANGLE IS 01'02'41" AND WHOSE CHORD BEARS NORTH 57'28'40" WEST, A DISTANCE OF 27.35 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY NORTH 8915'51" EAST, A DISTANCE OF 513.39 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 63,693.68 sf. OR 1.46 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION HOWARD - RW-17 WELD COUNTY, COLORADO 4333338 Pages: 6 of 13 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2 : 38213 y m P;Zar NT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PRO,)ECT NC: SRP-27 SCALE: DATE: 1-18-17 DRAWN BY URI1 SHEET: I o12 11111I PJF17704/4t411 WrIA10 1141111 EXHIBIT -A N 1/4 COR. S26-T6N-R65W FND 2 1/2" ALUM. CAP LS9644 2001 IN MON. BOX -___.,_ 0 WCR 66 L=27.35' R=1500.00' A=1'02'41" CB=N57'28'40"W C=27.35' CD z F O tD rr w EXISTING 60 ROW REC#69779 JULY 18, 1899 S89'15'51W 293.09' S89'15'51 "W 2667.83' 15' P.O.C. NE COR. S26-T6N-R65W END 2 1/2" ALUM. CAP LS24670 1993 IN MON. BOX 611 N89'15'51 "E 513.39' S89'15'51"W 30.00', 0 0 P.O.B. RIGHT—OF—WAY ACQUIRED RW-17 63,693.68 sf. OR 1.46 ac.± WAYNE A. & KRIS A. HOWARD RECP.#2112920 PARCEL#80326 100002 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. RIGHT OF WAY ACQUISITION HOWARD - RW-17 WELD COUNTY, COLORADO 120' C 4333555 Pages: 7 of 13 09/07/2017 10:36 All R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iv KrIL'YAlid 7MHAW II L=225.27' R=1500.00' A=8'36'17" CB=N32'59'50"W C=225.06' EXIS11NG 60' ROW BK.1154/PG.241 EXISTING 5-9-1945 ROW RD.BK.2/PG.192 JAN. 23, 1878 LU 00 LU S00'46'32"E '32"E U 60' I E 1/4 COR. S26-T6N-R65W FND 3 1/4" ALUM. CAP LS34995 2012 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT DROJECT NO: SRP-?7 DATE: -I8-17 [)RII EXHIBIT -B NE 1/4 S26-T6N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF CORRECTED RECORDED EXEMPTION NO. 0803 -26 -1 -RE -2930 (RE -2930) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3681944 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID NORTHEAST ONE -QUARTER AS BEARING SOUTH 00'46'32" EAST A DISTANCE OF 2653.30 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; TE-17 THENCE ALONG THE NORTHERLY LINE OF SAID NORTHEAST ONE -QUARTER SOUTH 89'15'51" WEST, A DISTANCE OF 227.39 FEET; THENCE DEPARTING SAID NORTHERLY LINE SOUTH 00'44'09" EAST, A DISTANCE OF 75.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE SOUTH 45'45'21" EAST, A DISTANCE OF 109.56 FEET; THENCE SOUTH 00'46'32" EAST, A DISTANCE OF 275.75 FEET TO A POINT ON THE SOUTHWESTERLY LOT LINE OF LOT A OF SAID RE -2930 WHICH IS ALSO THE POINT OF A NON -TANGENT CURVE THAT IS CONCAVE TO THE SOUTHWEST; THENCE ALONG SAID SOUTHWESTERLY LOT LINE AND THE ARC OF SAID CURVE 33.11 FEET WHOSE RADIUS IS 1500.00 FEET, CENTRAL ANGLE IS 01'15'53" AND WHOSE CHORD BEARS NORTH 37'55'55" WEST A DISTANCE OF 33.11 FEET; THENCE DEPARTING SAID LOT LINE NORTH 00'46'32" WEST, A DISTANCE OF 241.07 FEET; THENCE NORTH 45'45'21" WEST, A DISTANCE OF 121.31 FEET; THENCE NORTH 89'15'51" EAST, A DISTANCE OF 28.30 FEET TO THE TRUE POINT OF BEGINNING. SAID TE-17 CONTAINS 7,474.65 sf. OR 0.17 ac. MORE OR LESS. AND TEMPORARY EASEMENT ACQUISITION HOWARD - TE-17 & 17A WELD COUNTY, COLORADO 4333555 Pages: 8 of 13 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO •iIr.rltlfrIn'f*'lihi6+3'1131C147EiI iivi iIII NT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE DATE: I-19-17 DRAWN BY: DRH SHEET: I o('3 EXHIBIT -B NE 1/4 S26-T6N-R65W PROPERTY DESCRIPTION TE-17A THENCE ALONG THE NORTHERLY LINE OF SAID NORTHEAST ONE -QUARTER SOUTH 89'15'51" WEST, A DISTANCE OF 408.55 FEET; THENCE DEPARTING SAID NORTHERLY LINE SOUTH 00'44'09" EAST, A DISTANCE OF 75.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE SOUTH 52'20'47" EAST, A DISTANCE OF 65.61 FEET; THENCE SOUTH 38'51'25" WEST, A DISTANCE OF 65.00 FEET TO A POINT ON THE SOUTHWESTERLY LOT LINE OF LOT A OF SAID RE -2930 WHICH IS ALSO THE POINT OF A NON -TANGENT CURVE THAT IS CONCAVE TO THE SOUTHWEST; THENCE ALONG SAID SOUTHWESTERLY LOT LINE AND THE ARC OF SAID CURVE 152.11 FEET WHOSE RADIUS IS 1500.00 FEET, CENTRAL ANGLE IS 05'48'36" AND WHOSE CHORD BEARS NORTH 54'03'01" WEST, A DISTANCE OF 152.04 FEET; THENCE DEPARTING SAID LOT LINE NORTH 89'15'51" EAST, A DISTANCE OF 111.93 FEET TO THE TRUE POINT OF BEGINNING. SAID TF-17A CONTAINS 7,019.72 sf. OR 0.16 ac. MORE OR LESS. TOTAL AREA FOR TE-17 AND TE-17A CONTAINS 14,494.37 sf. OR 0.33 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 TEMPORARY EASEMENT ACQUISITION HOWARD - TI -17 & 17A WELD COUNTY, COLORADO 4333535 Pages: 9 of 13 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO oUN�- WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO SRP-27 SCALE: DATE 1-19-17 DRAWN BY7 DRH SHEET: 2 0,' 3 EXHIBIT -B T N 1/4 COR. S26-T6N-R65W or FND 2 1/2" ALUM. CAP LS9644 2001 IN MON. BOX WCR 66 L=152.11' R=1500,00' i = 5'48'36" CB=N54'03'01 "W C=152.04' L8 S89'15'51 "W 2661.83' L5 TEMPORARY EASEMENT ACQUIRED TE-17A 7,019.72 sf, OR 0.16 ac.t WAYNE A. & KRIS A. HOWARD RECP.#2112920 PARCEL#80326100002 LINE TABLE LINE BEARING DISTANCE L1 SO0'44'09"E 75.00' L2 S45'45'21 'E 109.56' L3 N45'45'21'W 121.31' L4 N89'15'51"E 28.30' L5 SOO'44'09"E 75.00' L6 S52'20'47"E 65.61' L7 S38'51'25"W 65.00' L8 N89'15'51"E 111.93' 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. 408.55' TE-17A P.O.B. L6 EXISTING 60' RCW REC#69779 JULY 16, 1899 \i, P.O.C. NE COR. S26-T6N-R65W FND 2 1/2" ALUM. CAP LS24670 1993 IN MON. BOX L4 L3 227.39' TE-17 P.O.B. L2 L7 LOT A RE -2930 RECP.#3681944 TEMPORARY EASEMENT ACQUIRED TE-17 7,474.65 sf. c OR 0.17 ac. t 2 0'-•- 3 (N c0 O O Z L=33.11' R=1500.00' A=1'15'53" CB=N37'55'55"W C=33.11' 120' EXISTING 60' ROW BK.1154/PO.241 5-9-1945 RD.BK.2/PG.192 JAN. 23. 1878 E 1/4 COR. S26- T6N-R65W FND 3 1/4" ALUM. CAP LS34995 2012 IN MON. BOX BASIS OF BEARING 60' EXISTING ROW P.O.B. TEMPORARY EASEMENT ACQUISITION HOWARD T -17 & 17A WI:I.D COUNTY, COLORADO 4333555 Pages: 10 of 13 09/07/2017 10:36 AM R Fee :$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Drellal:M' SMI5I L'iMw 14 NINA III 1861 Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 L' T vV , B' I)RH EXHIBIT -C WARRANTY DEED THIS DEED made this day of , 2017, between Wayne A. Howard and Kris A. Howard whose address is 7227 W. Canberra Street, Greeley, CO 80634, 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: 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, 4333555 Pages: 11 of 13 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO lIII lMMIME Irkiti'IWMMIMIlkly ti 1I II 1 against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. OWNER: WAYNE A. HOWARD AND KRIS A. HOWARD By: Title By: Title State of Colorado )ss. County of The foregoing instrument was acknowledged before me this day of 2017, by , Owner. Witness my hand and official seal. Notary Public My commission expires: 4333555 Pages: 12 of 13 09/07/2017 10:36 AM R Fee:$0,00 Carly Koppel, Clerk and Recorder, Weld County, CO VIII IrjINlV:J'FtcNCIPIII I !IV i N%I IR 11111 i ,. , � � . ��,: .. ,� . � , .�. � _ f , � �, � , � � � � ` �"'*+ ` � e � � � „ ., � �� ,� ,� , ,� •„ :> • �° .y� � �� ` a �� 4 + I � . f � g r xmt n } Y . . � . : . a%i ar� � y,. o rn w . ♦ � M. Yw� Y" �� v � �� n ri �� .. �.�� " � � �� °- ' -t, �,,,, � � . ' � . • ,. , k , , ' �x � . � � �� ,r��r. � �� - � � . ,� � , i # ° �µ � 1' `d§,�rv. , x ; x ' I • Q±,, �. , . '��YaiYi..�?�M`,wrrM< s,� . I � e�'C9 �e t' � �} f "� �a( �� . � .—� — w �� : �, ' ... , ' 1R, � • «-} � �� ' .;�. . �q ,.� .�y . � m � q �F . � ' �� . <. � I . _.. . � t. s � � �� r�.�ro � •. f � ti, �� ♦ . . Y . � . �a � .' � j � � .. . � . � � � , � �� , � � - � : � . � � � r ,� ; PORARY . , :. � , � x , a� � . �. . ^ ;;- ��"`'��,��'' : # _ . 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SUBJECT: CONSENT AGENDA Acceptance of Warranty Deed RE: WCR 47 Corridor Project DOC: #2017-3099 CONTRACT ID: #1370 Acceptance of Warranty Deed from: WAYNE & KRIS HOWARD 0011- 3O99 MA'Administration2.dOC '9A1) /7 a°i EXHIBIT -C WARRANTY DEED THIS DEED made this / ( — day of , 2017, between Wayne A. Howard and Kris A. Howard whose address is 7227 . Canberra Street, Greeley, CO 80634, 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: 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, 4337593 Pages: 1 of 7 09/22/2017 01:51 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ulll h��r1r1N� Iv?•'1r+�� 14�ti k"i�""'� ihi'�i�4l�h� ��I"� ��"i" tl II aol-3O99 Ed00-7 9 against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. OWNER: WAYNE A. HOWARD AND KRIS A. HOWARD By: By: 7/7,,/,..--„t,„( Title Title State of Colorado )ss. County of The foregoing instrument was acknowledged before me this t \ day of A!' 2017, by vicy.. A. , Owner. Witness my hand and official seal. My commission expires: TANIA GUTIERREZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174016442 MY COMMISSION EXPIRES APRIL 17, 2021 4337593 Pages: 2 of 7 09/22/2017 01:51 PM R Fee:$0.00 D Fee:$0.00 Carly Kappes, Clerk and Recorder, Weld County, CO 11111r03640e1111,1iliOdifihlAlltlilkiiiii11111 against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. OWNER: WAYNE A. HOWARD AND KRIS A. HOWARD By: Title By: Title State of Colorado ) )ss. County of } The foregoing i , ument was acknowledged before me this day of 2017, by r , Owner. Witness my hand and official seal. ry Public My commission expires: 4337593 Pages: 3 of 7 09/22/2017 01:51 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO t111 Mirda:tIV«IY'I ' h��k� :Wb4t�1'��rk��LYitih �I III A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of P)r_1 On 2) - „� �'.) 7 before me, r r1 Date Here Insert Name Title of the 0f)rer personally appeared Y'/,.5 )9r1y} ) L' i. i r, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s). whose name are. subscribed to the within instrument and acknowled ed to me that he}iOhey- executed the same in er heirauthorized capacity(ies), and that by hiftfieir signatures) on the instrument the personjs)., or the entity upon behalf of which the person(`s), acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SAUNDRA M. NEWTON Notary Pubic -California Placer County Commission i12071046 Comm. Eapireshm 10.2018 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature o%Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: p( jib, " f i4 a15'1iJq Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: )5.1-7's A Ps /1 44173 ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited O General ❑ Individual O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other. Signer Is Representing: -/7 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General O Individual O Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 4337593 Pages: 4 of 7 09/22/2017 01:51 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 111111 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(1)(a). Dated this vT day of ATTEST: dadiet.)'� CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD Dep 4 ty Clerk to the Board STATE OF COLORADO )ss COUNTY OF WELD 2017. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO Julie A. Cozad, Chair BOARD OF COUNT COMMISSIONER SEP 2 0 2017 OF THE COUNTY OF WELD The foregoing rlstrument was acknowledged before me this day of , 2017 by Julie A. Cozad, BOARD OF COUNTY COMMISSIONERS F T E COUNTY OF WELD. Witness my hand and official seal. My commission expires: typ-Pi 4337593 Pages: 5 of 7 09/22/2017 01:51 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder: Weld County, CO 1111F0110PRIVAI iiii0V1114,16VINA'FVilid 1111 CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION EXPIRES DEC. 19, 2018 020/7- 'O ? EXHIBIT -A NE 1/4 S26-T6N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT A OF CORRECTED RECORDED EXEMPTION NO. 0803 -26 -1 -RE -2930 (RE -2930) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3681944 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID NORTHEAST ONE -QUARTER AS BEARING SOUTH 00'46'32" EAST A DISTANCE OF 2653.30 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EASTERLY LINE OF SAID NORTHEAST ONE -QUARTER SOUTH 00'46'32" EAST, A DISTANCE OF 60.00 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'15'51" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF COUNTY ROAD 47 AND ALSO BEING THE SOUTHERLY RIGHT-OF-WAY OF COUNTY ROAD 66 SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 00'46'32" EAST, A DISTANCE OF 558.50 FEET TO A POINT ON THE SOUTHWESTERLY LOT LINE OF LOT A OF SAID RE -2930 WHICH IS ALSO THE POINT OF A NON -TANGENT CURVE THAT IS CONCAVE TO THE SOUTHWEST; THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID SOUTHWESTERLY LOT LINE AND THE ARC OF SAID CURVE 225.27 FEET WHOSE RADIUS IS 1500.00 FEET, CENTRAL ANGLE IS 08'36'17" AND WHOSE CHORD BEARS NORTH 32'59'50" WEST, A DISTANCE OF 225.06 FEET; THENCE NORTH 00'46'32" WEST, A DISTANCE OF 275.75 FEET; THENCE NORTH 45'45'21" WEST, A DISTANCE OF 109.56 FEET; THENCE SOUTH 89'15'51" WEST, A DISTANCE OF 293.09 FEET TO A POINT ON THE SOUTHWESTERLY LOT LINE OF LOT A OF SAID RE -2930 WHICH IS ALSO THE POINT OF A NON -TANGENT CURVE THAT IS CONCAVE TO THE SOUTHWEST; THENCE ALONG SAID SOUTHWESTERLY LOT LINE AND THE ARC OF SAID CURVE 27.35 FEET WHOSE RADIUS IS 1500.00 FEET, CENTRAL ANGLE IS 01'02'41" AND WHOSE CHORD BEARS NORTH 57'28'40" WEST, A DISTANCE OF 27.35 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY NORTH 8915'51" EAST, A DISTANCE OF 513.39 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 63,693.68 sf. OR 1.46 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL .. SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION HOWARD - RW-17 WELD COUNTY, COLORADO 337593 Pages: 6 of 7 3/22/2017 01:51 PM R Fee:$0.00 D Fee:$0.00 irly Koppes. Clerk and Recorder, Weld County, CO 38213, y n -'1 is 1 NTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE: DATE: 1-18-17 DRAWN BY: DRI I SHEET:10f2 Of 2 EXHIBIT -A NE I/4 S26-T6N-R65W N 1/4 COR. S26-T6N-R65W FND 2 1/2" ALUM. CAP LS9644 2001 IN MON. BOX WCR 66 �� L=27.35' R=1500.00' A=1'02'41" CB=N 57'28'40"W C=27.35' x w EXISTING 0' ROW 0169779 Y 16, 1899 S89'15 51 W 293.09 S89'15'51 "W 2667.83' 15' N89'15'51 "E P.O.C. NE COR. S26-T6N-R65W FND 2 1/2" ALUM. CAP LS24670 1993 IN MON. BOX S89'15'51 "W 30.00' 513.39' tips._ TD LOT A RE -2930 3, , RECP.#3681944 6' 4 RIGHT—OF—WAY ACQUIRED RW-17 63,693.68 sf. OR 1.46 ac.± WAYNE A. & KRIS A. HOWARD RECP.#2112920 PARCEL#80326100002 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. RIGHT OF WAY ACQUI.STTION HOWARD - RW-17 WELD COUNTY, COLORADO 4337593 Pages: 7 of 7 39/22/2017 01:51 PM R Fee:$0.00 D Fee:$0.00 arly Koppes, Clerk and Recorder, Weld County, CO L=225.27' R=1500.00' A=8'36'17" CB=N32'59'50"W C=225.06' EXISTING 60' ROW BK.1154/PG.241 EXISTING 5-9-1945 ROW R0.8K.2 ,PG.192 JAN. 23, 1878^�,� P.O.B. m u) O 0 0 ro (O N 60' t E 1/4 COR. S26-T6N-R65W FND 3 1/4" ALUM. CAP LS34995 2012 IN MON. BOX WELD COUNTY DEPARTMENT 861 OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 DATE: t-13-17 DFA'WN BDRI SCALE: 1"=1(111 SHEET 2of? uiI{ rdim «omILL LTV, ra+rI CA'I Y4yh II III Hello