The URL can be used to link to this page

Browse Search

Home My WebLink About20173097RESOLUTION 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 - PECKHAM DEVELOPMENT CORPORATION 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 Peckham Development Corporation, P.O. Box 273180, Fort Collins, Colorado 80527, 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 Peckham Development Corporation 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. GG PwC' I R/ MC) C_ .COI'),ACTCe0C) 9l9Cv/ 17 2017-3097 EG0074 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, AND TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT — PECKHAM DEVELOPMENT CORPORATION 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:dar W ,e1 Weld County Clerk to the Board ttorney Date of signature: G / 9CoI t 7 _.---- Julie A. ozad, Chair U Steve Moreno, Pr em 5 6 Sean P. Conway 2017-3097 EG0074 aon+raci -I-C) # i `4C0 I MEMORANDUM TO: Clerk to the Board DATE: August 25, 2017 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of Agreement RE: WCR 47 Corridor Project. (RW-3, TE-3 & TE-4) Acceptance of an Agreement for Right -of -Way & Temporary Easements from: PECKHAM DEVELOPMENT CORPORATION. cc.: PwC r r) cl / Co / 17 MY Administrati on\Forms\MEMO-Form.doc 2017-3097 e.. -G oo'7tI AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR THE WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECTS BETWEEN PECKHAM DEVELOPMENT CORP. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this Co.* day of �f p*. , 2017, by and between Peckham Development Corporation, a Colorado Corporation whose address is P.O. Box 273180, Fort Collins, CO 80527, 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 Easements in order to construct the Project which is required in conjunction with said realignment, and WHEREAS, Owner wishes to cooperate with County in said road realignment Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right - of -Way (ROW) shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Seven Hundred and Fifty and no/100 Dollars, ($750.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. 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 1 of 5 4333553 Pages: 1 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 PdPniiMV.1140:Vg6 1911IihlFarl V1.11 11111 ol1-3O91 E C OO79 attached hereto and made a part hereof by this reference), for the sum of Two Thousand, Two Hundred and Fifty and no/100 Dollars, ($2,250.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before June 30, 2017, the County shall pay the amount described in Paragraph One "I" under COUNTY'S RIGHTS AND RESPONSIBILITIES set forth below. 4. Owner warrants that he/she/it is the owner of the Public Road Right -of -Way and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Public Road Right -of -Way to County by Warranty Deed, in a form substantially similar to the attached hereto as Exhibit "C", free and clear of all liens and encumbrances, except existing easements. 6. Owner agrees to grant the Temporary Construction Easement tt County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 7. This Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on 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 2 of 5 4333553 Pages: 2 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Owner delivers the Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of -Way and Temporary Construction Easement. 12. Owner is liable for any damage caused to any other property owner, including but not limited to, crop damage, agricultural damage, or access issues which are caused by the Owner's actions or failure to act pursuant to this agreement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay Three Thousand, Nine Hundred and no/100 Dollars ($3,900.00) 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 August 25, 2017. If the Agreement is not signed and returned on or before August 25, 2017, the County shall maintain its current offer of Fair Market Value of Three Thousand, and no '100 Dollars ($3,000.00) for the Public Road Right -of -Way, the Temporary Construction Easements by County warrants at the date of closing. 2. County shall at closing pay all fees associated with recording this Agreement and the Warranty Deed. 3. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of -Way and/or Temporary Easement. 4. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right -of -Way and Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns_ 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 3 of 5 4333933 Pages: 3 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 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 ail rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 8. Owner shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the Owner's activities in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising out of the failure of the Owner to conform to any statutes, ordinances, regulation, law or court decree. 9. Neither party to this agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 10. County shall place survey stakes on the ground at all critical corners of the public road right of way and the Temporary Construction Easement. 4 of 5 4333553 Pages: 4 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co gill �U��'�l�rrht'r��r�'I+k��l�f �Ml1�y�MW�h BI II BY: written, CN WITNESS WHEREOF, the parties have set their hands on the day and year first above Landowner: PECKHAM OPMENT CORPORATION By: /S Qfi fiLt OwneriTitle i BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLODO uiie A. Cozad, Chair ATTEST: ,weir g..4 444) ounty Clerk to the Board a• eputy Clerk to the Board 4333553 Pages: 5 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co uiii rjti�r� iP i'i'r t�l ciOl� alCAni ib Bill Sof 5 °I -7 E1G0O-7y EXHIBIT -A SE 1/4 S35-T6N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF OUTLOT-1 OF THE PUD15-0OO2 UNION COLONY INDUSTRIAL PARK AMENDED PUDFI 3-0001 FINAL PLAT, AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4153869 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 35 AS BEARING NORTH OO'37'31" WEST, A DISTANCE OF 2651.01 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 00'37'31" WEST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'23'52" WEST, A DISTANCE OF 110.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47 AND ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 62 SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89'23'52" WEST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 44'23'11" EAST, A DISTANCE OF 42.42 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00'37'31" EAST. A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL (RW-3) CONTAINS 450.00 sf. OR 0.01 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED 8Y DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 RIGHT-OF-WAY ACQUISITION PECKIIAM DEVELOPMENT CORPORATION-RW-3 WELD COUNTY, COLORADO COJ Y 4333333 Pages: 6 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 ISCALE: DATE. 2-0I-17 [DRAWN BY: DRH SHEET I u12 EXHIBIT -A Ti -1511-r?t u r DAIRY FARMERS OF AMTRICA INC. PECKHAM DEVELOPMENT CORPORATION PARC.#080335402007 RECP.# 4001188 OUTLOT 1 UNION COLONY INDUSTRIAL PARK RECP.#3946337 -, RIGHT—OF—WAY ACQUIRED RW-3 450.00 sf. OR 0.01 ac,± 5\-- SW CORNER S35- T6N-R65W FND 2 1/2" ALUM. CAP STAMPED LS#24670 1994 IN MON. BOX EXISTING 60' ROW RD.BK.1 /PG.2O3 JUL_ 28, 1873 S89'23.52" W 30.00' E1/4 CORNER S35-T6N-R65W FNO 3 1/4" ALUM. CAP STAMPED LS#10855 2000 EXISTING ROW BK.1154/PG. 241 5-9-1945 RD.BK.2/PG.192 JAN. 23, 1878 AND RECP . #3946337 7-10-2013 w r7A M o M S89'23'52'W 110.00' S89'23'52"W 5291.61' WCR 62 WELLS RANCH LLLP 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 PECKIIAM DEVELOPMENT CORPORATION-RW-3 WELD COUNTY, COLORADO I I AUNTY T.P.O.B. N00'37'31"W 2651.01' C, BASIS OF BEARI P.O.C. SE COR. S35-T6N-R85W FND 3 1/4" ALUM. CAP STAMPED LSN38213 2016 IN MON. BOX EXISTING ROW BK.1154/PG. 241 5-9-1945 RD,BK.2/P G. 192 JAN. 23, 1878 AND RECP.#3962794 9-11-2013 140' N U EXISTING ROW WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE I"-50 DATE: 2-0I-17 DRAWN BY: DIM 'SHEET 2 o1'2 4333553 Pages: 7 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 'iltlikiCIMrsiIi:11 4I+YMi irN16I 1114Th 11111 EXHIBIT -B SE Ito S35-16N-R65W PROPERTY DESCRIP TION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. SAID PARCEL BEING A PORTION OF OUTLOT-1 OF THE PU015-0002 UNION COLONY INDUSTRIAL PARK AMENDED PUDF13-0001 FINAL PLAT, AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4153869 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY UNE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 35 AS BEARING NORTH 00'37'31" WEST, A DISTANCE OF 2651.01 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 35, TOWNSHIP 6 NORTH. RANGE 65 WEST. ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 00'37'31" WEST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID EASTERLY UNE SOUTH 8973'52" WEST, A DISTANCE OF 140.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 62 SAID POINT BEING THE gua POINT OF BEGINNING. THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89'23'52" WEST, A DISTANCE OF 28.28 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY UNE NORTH 44'23'11" EAST, A DISTANCE OF 82.40 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY UNE SOUTH 00'37'31" EAST, A DISTANCE OF 28.28 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 44'23'11" WEST, A DISTANCE OF 42.42 FEET TO THE TRUE POINT OF BEGINNING_ SAIDPARCEL (TE-3. CONTAINS 1248.20 at OR 0.03 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORA00. DANIEL R. HOLMES PLS 38213 TEMPORARY EASEMENT ACQUISITION PECKI [AM DEVELOPMENT CORPORATION-TE-3 WELL) COUNTY, COLORADO CO N T Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJEC 7 NC SRP 22- JATc SCALE DRAWN BY DR}1 CHEET I o1 2 4333553 Pages: 8 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 NCAIRIVIligginfiyi:f liIM VIIINAVAIIA Bill EXHIBIT -B DAIRY FARMERS OF AMERICA INC. PECKHAM DEVELOPMENT CORPORATION PARC.#080335402007 RECP.# 4001188 OUTLOT 1 UNION COLONY INDUSTRIA,. PARK R£CP.#3946337 TEMPORARY EASEMENT ACQUIRED TE-3 1248.20 sf. OR 0.03 ac.± EXISTING 60' ROW A589.23'52"W RD.BK.1 /PG.2O3 28'28' A5-i____\il\_ JUL. 28, 1873 0 S89'23'52"W 5291.61' 1111111111 SW CORNER S35-T6N-R65W FND 2 1/2" ALUM. CAP STAMPED LS#24670 1994 IN MON. BOX WCR 62 WELLS RANCH LLLP 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. E1/4 CORNER S35-T6N-R65W FND 3 1/4" ALUM. CAP STAMPED LS#ID855 2000 Mm NC' M � O N 0 N EXISTING ROW BK.1154/PG.241 5-9-1945 R D.BK.2/PG.192 JAN. 23, 1878 AND RECP.#3946337 7-10-2013 544'23'11"W --42.42' 589'23'52"W_ .__... 140.00' T P.O.B. N003731 "W P.O.C. SE COR.--' S35-T6N-R65W FND 3 1/4' ALUM. CAP STAMPED LS#38213 2016 IN MON. BOX EXISTING ROW BK.1154/PG.241 5-9-1945 RD.BK.2/PG.192 JAN. 23, 1878 AND RECP.#3962794 9-11-2013 140' EXISTING ROW N C.3 BASIS OF BEARING TEMPORARY EASEMENT ACQUISITION PECKHAM DEVELOPMENT CORPORATION-TE-3 WELD COUNTY, COLORADO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP•27 SCALE I' 50 DRHISHEET 2 012 4333553 Pages: 9 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iii FAIMNElligigriiiiikiNINIAN WO 11111 EXHIBIT -B PROPERTY 0ESCRIPTIQN S35-r5r, A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 35, TOWNS'.:' 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY O:^ WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -3 OF THE PUD15-0OO2 UNION COLONY INDUSTRIAL PARK AMENDED PUDF13-0001 FINAL PLAT, FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO 4'53863 AND aE NG MORE PAR`ICul_ARLY CESCR18FD AS FCLLOWS: TE-4 cOMMENGM AT THE SOUTHEAST CORNER OF SECTION 35. TOWNSHIP 6 NORTH, RANGE 65 WEST DESCRIBED AS SHOWN AND IS RASED ON A GRID 3_ARIN; OF THE SOUTHERLY ONE OF SAID SECTION 35 AS BEARING SOUTH 89'23'52" WEST, A DIS'ANCE OF 52915.- FEET TO THE SOUTHWEST CORNER OF SAD SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN: THENCE ALONG THE SOLTHERI_Y LINE OF SAID SECTION 35, SOUTH 89'23'52" WEST, A DISTANCE OF 660.19 FEET; THENCE DEPARTING SAID LINE NORTH 00'36'08' WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 62 AND BEING THE TRLE PO'N- QF BEGINNING, THENCE ALONG SAID NORTHERLY RIGHT -OF -way LINE SOUTH 89'2.3'52" WEST, A DISTANCE OF 50.05 FEET: THENCE DEPARTING SAID LINE NORTH 00'36'08' WEST, A DISTANCE OF 90.00 FEET: THENCE NORTH 89'23'52" EAST, A DISTANCE OF 50 0C FEET TQ A POINT ON THE EASTERLY LINE OF SAID LOT -3; THENCE ALONG SAID EASTERLY LINE SOUTH 30'37'57" EAST, A DISTANCE OF 90,00 FEET TQ THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 5,402.14 sf OR 012 cc. MORE OR LESS THE ABOVE DESCRIPTON WAS PREPARED BY DANIEL P HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO_ DANIEL R HOLMES PLS 38211 TEMPORARY EASEMENT ACQUISITION PECKFLAM DEVELOPMENT TE.a 'AELIICIIIiN"IY.CC'Li'I VI]O 4333553 Pages: 10 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII FATI I�� 111 1861 WELD COUNTY DEPARTMEN OF PUBLIC WORKS WCR 17 CORRIDOR [ R.O ECT FRCJE'r P•'_7 ZI7 LPAWN av SCALE ELT I aI ) SN CORNER 535-- T6N—R65W A C. STAMPED LS,N24570 I^1 MON, 03X Lt' 2t.DM 01 50' TEMPORARY EASEMENT ACQUISITION PECI.<I L=\M DEVCI OP 1E\'; TE-- u LLIJ C(31.,Q.ITY COI DRADO EXHIBIT -B S33-T6N-R5.5w --EXISTING SC' R.TAN RD EIK 1/PG 2,13 Jul. 28, 1873 T.?.O8 TE-4 PECKHAM DEVELOPMENT PARC.#090335402003 RECP. # 4001188 3 PUD15-0002 LWON COLONY INDUSTP',AL PARK AMENDED PUDF'13-0001 FINAL PLAT REC' #4153569 TE-4 TEM?ORAPY EASEVEN T 5,402.14 sf t OR 0.12 nc 30' E'ACLSV SEWER ESMT RECP #4'17133 & RECP,#4117199 JUN 13. 2015 ANC 30 RIGHT-OF-wAy L NE TA8..c LINE BEARINC DISTANCE L1 N00'36'08"W 30.00' L2 589'23'52"W 60.05' L3 NCO.36'08"W 90.00` L4 N89'23'52"E 50 CO' L5 , S00'37'57"E f 90 CO' P,C.C SE CORNER 535-T6N-R65W 3 f" A.C. STAMPEC LS#38213 (2016) —IN MON. 80x NOTE TM5 AfAP 00E5 NOf REPRESENT A UONUMENTED :AND SURVEY OR LAND SURVEY PLAT T IS iNTENCEC TO !LLLSTRATE THE ATTACNEC PROPERTY DESCRIPTCN ONL" WELD COUNTY DEPARTMENT OF PUBLIC WORKS v'.•CR. -17 C1.7P_R.in"";R f'B1-l'r 4333553 Pages: 11 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO hide VICAR NAM II EXHIBIT -C SPECIAL WARRANTY DEED THIS DEED made this day of , 2017, between PECKIIAM DEVELOPMENT CORPORATION, a Colorado Corporation, whose address is P.O. Box 273180 Fort Collins, Colorado 80527, ('`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 are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors 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 on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). 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 Property with the hereditaments and appurtenances. RESERVING unto Grantor the mineral estate under the Property, including but not limited to all oil, gas, and other minerals and mineral rights and any and all water and water rights currently attached to or associated with the Property, except as required to sustain the integrity of the surface estate granted herein. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the Property 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 Property in manner and form as aforesaid, and that the same arc 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, and inclusion of the Property in any special taxing district. The Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof by, through or under the Grantor. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4333553 Pages: 12 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. GRANTOR: PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation By: Mark S. Goldstein, President State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of 2017, by Mark S. Goldstein as President of Peckham Development Corporation, a Colorado corporation. Witness my hand and official seal. Notary Public My commission expires: 4333353 Pages: 13 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII Vidal!' Ph " 11 III PECKHAM DEVELOPMENT CORP. PARCELS: RW-3, TE-3 & TE-4 47 CORRIDOR PROJECT COMPENSATION WORKSHEET— 3/21/17 ACQUISITION AREA (acres) VALUE p/ac. TOTALS MISC ROW 0.01 $ 75,000.00 $ 750 PE (@ 50% LAND VALUE) 0.00 $ 0 $ 0 NO PE TE (@ 10% LAND VALUE) : 0.15 $ 7,500.00 $ 2,250 X 2 YEARS DAMAGES $ 0 TOTAL COMPENSATION $ 3,000.00 INCENTIVE (30%) ON LAND ONLY $ 900 ROW & TE TOTAL COMPENSATION W/INCENTIVE $ 3,900.00 4333553 Pages: 14 of 14 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO •iii NU��1� Y'1��w �b l��'M'��I# k1� 1441 �'YI �� 111 MEMORANDUM TO: Clerk to the Board DATE: Oct. 17, 2017 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: CONSENT AGENDA Acceptance of Warranty Deed RE: CR 47 Corridor Project (SRP-27) DOC #2017-3097 CONTRACT ID: #1461 Acceptance of a Warranty Deed from: PECKHAM DEVELOPMENT CORP. a'; /m) /D2/7 (I- 13-11 070/7-.31)97 6&o.5 -7(i- SPECIAL WARRANTY DEED THIS DEED made this M day of '3 L , 2017, between PECKHAM DEVELOPMENT CORPORATION, a Colorado Corporation, whose address is P.O. Box 273180 Fort Collins, Colorado 80527, ("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 are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors 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 on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). 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 Property with the hereditaments and appurtenances. RESERVING unto Grantor the mineral estate under the Property, including but not limited to all oil, gas, gravel and other minerals and mineral rights and any and all water and water rights currently attached to or associated with the Property, except as required to sustain the integrity of the surface estate granted herein. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the Property 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 Property 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, and inclusion of the Property in any special taxing district. The Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof by, through or under the Grantor. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4346991 Pages: 1 of 5 10/25/2017 03:27 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County, CO VIII 020 /7- 047 IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. GRANTOR: PECKHAM DEVELOPMORATION, a Colorado corporation By: Mark S. Goldstein, State of Colorado County of )ss. The foregoing instrument was acknowledged before me this g' day ofJ1 Ve. , 2017, by Mark S. Goldstein as President of PECKHAM DEVELOPMENT CORPORATION, a Colorado corporation. Witness my hand and official seal. ) otary Public My commission expires: $'l/ 7/'/ EI& NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20094026294 MY COMMISSION EXPIRES AUG 17, 2021 4346991 Pages: 2 of 5 10/25/2017 03:27 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes; Clerk and Recorder. Weld County, CO 1111 I r rillkal 'r:l4ftf lk'��N�u l �l�i'�4lrrwii 11111 A 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 (7M1 day of ATTEST: didditi4. 'tik CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY y 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, Cha; BOARD OF CO OCT 2 3 2017 COMMISSIONER OF THE COUNTY OF WELD e fore ing instrument was acknowledged before me this 02S4-1- day of , 2017 by Julie A. Cozad, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: 4346991 Pages: 3 of 5 10/25/2017 03:27 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •ii l ��FY1�i ' �� ti�LY � �w ��,� ��li�ti 11111 Notary P /qAVO/r CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 020/7-,30, q7 EXHIBIT -A SE 1/4 S35-T6N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF OUTLOT-1 OF THE PUD15-0002 UNION COLONY INDUSTRIAL PARK AMENDED PUDF13-0001 FINAL PLAT, AS FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 4153869 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 35 AS BEARING NORTH 00'37'31" WEST, A DISTANCE OF 2651.01 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 35, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 00'37'31" WEST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'23'52" WEST, A DISTANCE OF 110.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47 AND ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 62 SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89'23'52" WEST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 44'23'11" EAST, A DISTANCE OF 42.42 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 47; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00'37'31" EAST, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL (RW-3) CONTAINS 450.00 sf. OR 0.01 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 RIGHT-OF-WAY ACQUISITION PECKIIAM DEVELOPMENT CORPORATION-RW-3 WELD COUNTY, COLORADO 4346991 Pages: 4 of 5 10/25/2017 03:27 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County; CO couNT WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE: DATE: 2-11-17 (DRAWN BY: DRH SHEET: I of 2 EXHIBIT -A SE I/4 S35-T6N-R6501 DAIRY FARMERS OF AMERICA INC. PECKHAM DEVELOPMENT CORPORATION PARC.#080335402007 RECP.# 4001188 OUTLOT 1 UNION COLONY INDUSTRIAL PARK RECP.#3946337 S i., r, r• RIGHT—OF—WAY ACQUIRED RW-3 450.00 sf. OR 0.01 ac,± EXISTING 60' ROW RD. BK.1 /PG.203 JUL. 28, 1873 SW CORNER S35-T6N-R65W FND 2 1/2" ALUM. CAP STAMPED LS#24670 1994 IN MON. BOX •4, S89'23'52"W 30.00' E1/4 CORNER S35-16N-R65W FND 3 1/4" ALUM. CAP STAMPED LS#10855 2000 EXISTING ROW BK.1154/PG.241 5-9-1945 RD.BK.2/PG.192 JAN. 23, 1878 AND RECP.#3946337 7-10-2013 Nq O. M 0 o M 0 S89'23'52"W S89'23'52"W 5291.61' WCR 62 WELLS RANCH LLLP 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 PECKHAM DEVELOPMENT CORPORATION-RW-3 WELD COUNTY, COLORADO 4346991 Pages: 5 of 5 10/25/2017 03:27 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County, CO LUAli ki' i :ii1i, iI III i I I 110.00' N0037'31 "W T.P.O.B. BASIS OF BEARING P.O.C. SE COR.-f S35-T6N-R65W FND 3 1/4" ALUM. CAP STAMPED LS#38213 2016 IN MON. BOX EXISTING ROW BK.1154/PG.241 5-9-1945 RD.BK.2/PG.192 JAN. 23, 1878 AND RECP.#3962794 9-11-2013 140' N EXISTING ROW WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE: I"=50 DATE: 2-01-17 DRAWN BY: DRH SHEET: 2 01'2 Hello