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Home My WebLink About20170379.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROAD 74 REALIGNMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - WELLS RANCH, LLLP 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 for the Purchase of Public Road Right -of -Way and Temporary Construction Easement for County Road 74 Realignment 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 Wells Ranch LLLP, 32010 CR 63, Gill, Colorado 80624, 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 for the Purchase of Public Road Right -of -Way and Temporary Construction Easement for County Road 74 Realignment 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 Wells Ranch, LLLP, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CG: pWC T5/FCC GQ.CFH) ©Go P no 1/ I, 2017-0379 EG0074 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CR 74 - WELLS RANCH LLLP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of February, A.D., 2017. ATTEST: d,,,t4, G. aC ,;(4.. Weld County Clerk to the Board BY: APP -County Attorney \*. \O Date of signature: Oa/ 15/ I1 Steve Moreno, Pro-Tem BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO . Cozad, Chair EXCUSED Sean P. Conway e Freeman arbara Kirkmeyer 2017-0379 EG0074 Co 1`S{ W'\`1 MEMORANDUM TO: Clerk to the Board DATE: February 3, 2017 FROM: Tiffane Johnson, Public Works Department SUBJECT: t Agenda Item RE: WCR 74 and STATE HIGHWAY 392 PROJECT GR-16 Acceptance of Agreement for Purchase of Public Road Right of Way and Temporary Construction Easement for Certain Improvements to the Weld County Road 75 Realignment project between Wells Ranch LLLP and Weld County. �_a(7- 0573 be? 0073 C\Users\sfrederick\AppData\Local \Microsoft\Windows \Temporary Internet Files\Content.Outlook\2Q0K8IX7\Agenda Memo February 3 20I6.doc AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR THE WELD COUNTY ROAD 74 REALIGNMENT PROJECT, BETWEEN WELLS RANCH LLLP AND WELD COUNTY. COLORADO THIS AGREEMENT ("Agreement") is made this 627 day of , 2017, by and between WELLS RANCH I,LLP, whose address is 32010 CR 63 Gill, Colorado 80624 (the "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 (the "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 realign and improve existing Weld County Road 74 and 69, which will involve said road construction, (hereinafter referred to as 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 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 for the sum of Three Thousand, Seven Hundred and no/100 Dollars, ($3,700.00). 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 Easement for the sum of Three Hundred and Fifty and no/100 Dollars, ($350.00). The parties acknowledge and agree that said purchase price represents full, fair, and valuable consideration. 3. In addition to the amounts set forth in Paragraphs 1 and 2 above, at closing, the Page 1 of 5 4279077 Pages: 1 of 14 02/16/2017 01:46 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ill kirdlrallaalifiA'PhiAgrOMPli Vivi II III 02,0 /7— e;r379 County shall pay the amount described in Paragraph 3 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 arising by, under or through Owner. 5. Owner agrees to grant the Public Road Right -of -Way to County by Special Warranty Deed, free and clear of all liens and encumbrances, except existing easements and other matters of public record with the Weld County Clerk and Recorder. 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 and other matters of public record with the Weld County Clerk and Recorder. 7. The term of the Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on October 1, 2018, or upon the completion of the Project, whichever is earlier. 8. Owner shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the Temporary Construction Easement which may interfere with County's full enjoyment of the rights hereunder; the 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 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 Special 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. 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 Special 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. Page 2 of 5 4279077 Pages: 2 of 14 02/16/2017 01:48 PM R Fee:$0.00 Weld County CO Carly Koppes, Clerk and Recorder, I mow ��J��h l'F�hr F��k I�i�LG'r�iY�h III III 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: I . 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. 2. County shall at closing pay all fees associated with recording this Agreement and the Special Warranty Deed. 3. As a cost to cure, County shall pay One Thousand, Two Hundred and Fifteen and no/100 Dollars ($1,215.00) to the Owner. 4. County shall pay a total of Five Thousand, Two Hundred and Sixty -Five and no/100 Dollars ($5,265.00) to the Owner for the Public Road Right -of -Way, Temporary Construction Easement and cost to cure identified in #3 above by County warrant at the date of closing. 5. County, as a condition of the granting of the Temporary Construction Easement, covenants and agrees to restore the Temporary Construction Easement to a level comparable to its original condition within sixty (60) days of the expiration of the term of the Temporary Construction Easement. 6. Prior to construction commencing on the Project and Public Road Right -of -Way described herein, the County shall construct a temporary fence line along the outside boundary of the Temporary Construction Easement. At the conclusion of construction, the County will install a new permanent right-of-way fence along the boundary of the new Public Road Right -of -Way being acquired hereunder. The Owner shall be responsible for the subsequent maintenance of said fence. MISCELLANEOUS: 1. Binding Effect. 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. Validity. 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 Waiver. No term or condition of this Agreement shall be construed or Page 3 of 5 4279077 Pages: 3 of 04 00 Carly oppe 01:46 PM R Fee • 5 ,I III Carly KoPPeS+ Clerk a�RaC°;dar' Weld County, C r1��I411 tit WI 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. Entire Agreement. 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. 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. Enforceability. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. Applicable Law. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 7. Indemnity. 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. 8. Force Majeure. 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. 9. Counterparts. This Agreement may be signed in multiple counterparts which, when taken together, shall be deemed one and the same original document. Page 4 of 5 4279077 Pages: 4 of 14 02/16/2017 01:46 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ill rjL'�4Nrti Onlihilgr rMli1Gh k I15I111111Y h 1I 111 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: WELLS RANCH LLLP Steven T. ells, General Partner BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Julie A. Cozad, Chair ATTEST: BY: Deputy Cler; to thBoard FEB 0 6 2017 4279077 Pages: 5 of 14 02/16/2017 01:48 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO "Hi Page 5 of 5 o2a/7- D31 9 EXHIBIT A WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-4 & RW-4A STA. 290+40.40 CL. to STA. 301+05.63 CL. (Center line of WCR 74 Realignment) STA. 606+15.98 CL. to STA. 611+31.53 CL. (Center line of WCR 69) STA. 619+88.26 CL. to STA. 620+97.40 CL. (Center line of WCR 69) FROM Wells Ranch LLLP (Formerly Kehn) 32010 CR 63 Gill, CO 80624 FOR Project Code: 19892 Project Number: STMC 030-057 Location: CR 74 @ S.H. 392 Purpose: Safety Improvements and CR 74 realignment 4279077 Pages: 6 of 14 02/18/2017 01:48 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO � u NU��I�'laMr+' f►�L''oi+�'!'h � M �4EARIA iI II 1 of 4 EXHIBIT "A" PROJECT CODE: 19892 PROJECT NUMBER: STMC 030-057 PARCEL NUMBER: RW-4 & RW-4A DATE: November 16, 2015 REV. September 6, 2016 LEGAL DESCRIPTION A parcel of land No. RW-4 and RW-4A of Weld County, and being part of the Department of Transportation, State of Colorado, Project Code 19892, Project Number STMC 030-057, containing a combined total of 4.88 acres, more or less, in the Southwest One -Quarter of Section 35, Township 7 North, Range 63 West of the 6a' Principal Meridian, Weld County, Colorado, said parcel being more particularly described as follows: RW-4 COMMENCING at the Southwest Corner of Section 35, Township 7 North, Range 63 West; Thence South 89°06'13" East along the south line of the Southwest One -Quarter of Section 35 a distance of 540.12 feet to the TRUE POINT OF BEGINNING. 1. Thence North 00°00'00" East to a point on the existing northerly right-of-way line of Weld County Road 74 (WCR 74) a distance of 30.00 feet; 2. Thence continuing North 00°00'00" East a distance of 20.00 feet; 3. Thence South 89'06'13" East a distance of 515.90 feet; 4. Thence North 45°48'58" East a distance of 82.25 feet; 5. Thence North 00°44'08" East a distance of 196.00 feet to a point of curve to the left; 6. Thence 636.30 feet along the arc of said curve whose radius is 798.00 feet, central angle is 45°41'08" and whose chord bears North 22'06'26" West a distance of 619.57 feet; 7. Thence North 44°57'00" West to a point on the existing easterly Weld County right-of-way line which runs parallel to State Highway 392 a distance of 98.72 feet; 8. Thence North 45°05'07" East along said right-of-way line a distance of 140.00 feet; 9. Thence South 44°57'00" East a distance of 98.63 feet to a point of curve to the right; 10. Thence 747.93 feet along the arc of said curve whose radius is 938.00 feet, central angle is 45°41'08" and whose chord bears South 22°06'26" East a distance of 728.27 feet; 11. Thence South 00°44'08" West a distance of 224.24 feet; 4279077 Pages: 7 of 14 0 00 02/16/2017 03:48 PM R+��'�I11I ,IIII Carly 'pees, Clerk and Recorder, Weld County, CO 1111 � 11Li�w rr �O'i' 2 of 4 12. Thence South 43'57'37" East to a point on the northerly right-of-way line of WCR 74 a distance of 71.09 feet; 13. Thence South 89'06'13" East along said right-of-way line a distance of 717.32 feet; 14. Thence South 00'53'47" West to a point on the south line of said Southwest One -Quarter a distance of 30.00 feet; 15. Thence North 89'06'13" West along said line a distance of 1480.74 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 207,995.21 sf. (4.78 ac.), more or less. AND RW-4A COMMENCING at the South One -Quarter Corner of Section 35, Township 7 North, Range 63 Wes• Thence North 89'06'13" West along the south line of the Southwest One -Quarter of Section 35 a distance of 538.64 feet; Thence North 00'53'47" East to a point on the existing northerly right-of-way line of Weld County Road 74 (WCR 74) a distance of 30.00 feet and being the TRUE POINT OF BEGINNING. 1. Thence North 89'06'13" West along said existing right-of-way line a distance of 109.06 feet; 2. Thence North 24'25'02" East a distance of 46.38 feet; 3. Thence South 89'06'13" East a distance of 108.63 feet; 4. Thence South 23'55'44" West a distance of 46.21 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 4,628.79 sf. (0.11 ac.), for a combined (RW-4 & RW-4A) total of: 212,624.00 sf. (4.88 ac.), of which 44,431.20 sf. (1.02 ac.) are in existing right-of-way of the present road leaving a net area of 168,383.77 sf. (3.87 se.), more or less. Basis of Bearings: All bearings are based on a grid bearing of the south line of the Southwest One -Quarter as bearing South 89'06'13" East a distance of 2559.50 feet from the Southwest corner to the South One -Quarter corner of Section 35, Township 7 North, Range 63 West and described as shown. For and on behalf of Weld County Daniel R. Holmes, PIS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 3 of 4 4279077 Pages: 8 of 14 02/16/2017 01:48 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIIII r.frilurlall'AT 1/i h:b:00r4ilII III I - g Zi "j? I o a et: MI: I 31 of I CII �1 1 I $! I Oil r •44'08"E W I I 196.00'"."' i I I' -L--EXISTING ROW 001 I.t 1.02 act 6! *-EXISTING 6O ROW (n! r 1 RECP. 6o28 Uf < I JUL. 16, 1902 m1 (� I !`I L1 2 T.P.O.B. a v°4 2424' Mar &MD li<IALI Ii111 ENT :J 20' SOO'44'08"W PL PL EXHIBIT -A • PL RW-4 ADDITIONAL RIGHT—OF—WAY ACQUIRED 163,754.98 sf.t OR 3.76 oc.t WELLS RANCH LLLP PARC.#071335000019 RECP.#4234245 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. ♦ EXISTING ROW ♦ REC/ 1588837 & 1843691 ` • EXISTING 60' ROW FEB. 11, 1916 BK 14 -PG 563 BK 83 -PG 375 RD100/631 CURVE TABLE CUR LEN RADIUS DELTA CHD BRG CHD DIST C1 636,30' 798.00' 45'41'08" N22'06'26"W 619.57' C2 747.93' 938.00' 45'41'O8" S22'06'26'E 728.27' RW-4A ADDITIONAL RIGHT—OF—WAY ACQUIRED 4,628.79 sf.t OR 0.11 oc.t T.P.0.8. P.O.C. S 1/4 CORNER S35-T7N-R63W /6 REBAR NO CAP RIGHT-OF-WAY ACQUISITION WELLS RANCH LLLP (Formerly Kahn) WCR 74 WELD COUNTY, COLORADO LINE TABLE LINE BEARING DISTANCE L1 N00'00'00"E 30,00' 1.2 NOO'OO'OO"E 20.00' L3 N45'48'58"E 82.25' 14 N44'57'00"W 98.72' 1.5 S44'57'00"E 98.63' 1.6 S43'57'37"E 71.09' 17 NOO'53'47"E 30.00' L8 N89'06'13"W 109.06' 1.9 N24'25'02"E 46.38' L10 589'06'13'E 108.63' L11 S2313' 44"W 46.21' WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 REALIGNMENT PROJECT AT STATE HIGHWAY 392 PROJECT NO: GR-17 SCALE: 4 of4 DATE: 11-16-15 4-6-16 BY: JHB SHEET: 1"--200 - 0 mrK,Rg T�-4 ' - opt wage 433(0 ▪ o � V -'n0 ~ o le TE• 4121 � m _Qm C o 0 EXHIBIT B WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: TE-4 & TE-4A FROM Wells Ranch LLLP (Formerly Kehn) 32010 CR 63 Gill, CO 80624 FOR Project Code: 19892 Project Number: STMC 030-057 Location: CR 74 @ S.H. 392 Purpose: Construction and Fencing 4279077 Pages: 10 of 14 02/16/2017 01:46 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO &ad 11111 EXHIBIT "B" PROJECT CODE: 19892 PROJECT NUMBER: STMC 030-057 PARCEL NUMBER: TE-4 & TE-4A DATE: November 16, 2015 REV. September 6, 2016 LEGAL DESCRIPTION A parcel of land No. TE-4 and TE-4A of Weld County, and being part of the Department of Transportation, State of Colorado, Project Code 19892, Project Number STMC 030-057, containing a combined total of 1.74 acres, more or less, in the Southwest One -Quarter of Section 35, Township 7 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado, said parcel being more particularly described as follows: TE-4 COMMENCING at the South One -Quarter Corner of Section 35, Township 7 North, Range 63 West; Thence North 89°06'13" West along the south line of the Southwest One -Quarter of Section 35 a distance of 412.32 feet; Thence North 00'53'47" East to a point on the existing northerly right-of-way line of Weld County Road 74 (WCR 74) a distance of 30.00 feet and being the TRUE POINT OF BEGINNING. 1. Thence North 89'06'13" West along said existing right-of-way line a distance of 126.32; 2. Thence departing said line North 23°55'44" East a distance of 46.21 feet; 3. Thence North 89°06'13" West a distance of 108.63 feet; 4. Thence South 24'25'02" West to a point on said existing right-of-way line a distance of 46.38 feet; 5. Thence North 89°06'13" West along said existing right-of-way line a distance of 608.26; 6. Thence departing said line North 43'57'37" West a distance of 71.09 feet; 7. Thence North 00'44'08" East a distance of 224.24 feet to a point of curve to the left; 8. Thence 747.93 feet along the arc of said curve whose radius is 938.00 feet, central angle is 45°41'08" and whose chord bears North 22'06'26" West a distance of 728.27 feet; 9. Thence North 44°57'00" West to a point on the existing easterly Weld County right-of-way line which runs parallel to State Highway 392 a distance of 98.63 feet; 10. Thence North 45°05'07" East along said right-of-way line a distance of 20.00 feet; 11. Thence South 44°57'00" East a distance of 98.63 feet to a point of curve to the right; 12. Thence 763.87 feet along the arc of said curve whose radius is 958.00 feet, central angle is 45°41'08" and whose chord bears South 22'06'26" East a distance of 743.80 feet; 4279077 Pages: 11 of 14 02/18/2017 01:48 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIII MPIdRi 41itib'wll: WA aT:M I li &fl Wlintliplik BIN 13. Thence South 00°44'08" West a distance of 216.02 feet; 14. Thence South 43°57'37" East a distance of 54.55 feet; 15. Thence South 89°06'13" East a distance of 586.84 feet; 16. Thence North 24°25'02" East a distance of 57.60 feet; 17. Thence South 89°06'13" East a distance of 181.47 feet; 18. Thence South 30°16'13" East a distance of 85.09 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 45,822.22 sf. (1.05 ac.), more or less. AND TE-4A COMMENCING at the Southwest Corner of Section 35, Township 7 North, Range 63 West; Thence South 89°06'13" East along the south line of the Southwest One -Quarter of Section 35 a distance of 540.12 feet; Thence North 00°00'00" East a distance of 50.01 feet and being the TRUE POINT OF BEGINNING. 1. Thence continuing North 00°00'00" East a distance of 20.00 feet; 2. Thence South 89°06'13" East a distance of 507.91 feet; 3. Thence North 45°48'58" East a distance of 65.65 feet; 4. Thence North 00°44'08" East a distance of 187.70 feet to a point of curve to the left; 5. Thence 620.35 feet along the arc of said curve whose radius is 778.00 feet, central angle is 45°41'08" and whose chord bears North 22°06'26" West a distance of 604.05 feet; 6. Thence North 44°57'00" West to a point on the existing easterly Weld County right-of-way line which runs parallel to State Highway 392 a distance of 98.73 feet; 7. Thence North 45°05'07" East along said right-of-way line a distance of 20.00 feet; 8. Thence South 44°57'00" East a distance of 98.72 feet to a point of curve to the right; 9. Thence 636.30 feet along the arc of said curve whose radius is 798.00 feet, central angle is 45°41'08" and whose chord bears South 22"06'26" East a distance of 619.57 feet; 10. Thence South 00°44'08" West a distance of 196.00 feet; 3 of 5 4279077 Pages: 12 of 14 02/18/2017 01:48 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co VIII I ALLY i4ggirit nik'qkIUIC 11A4 «II IA "III 11. Thence South 45'48'58" West a distance of 82.25 feet; 12. Thence North 89'06'13" West a distance of 515.90 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 30,089.90 sf. (0.69 ac.), more or less, for a combined total of: 75,912.12 sf. (1.74 ac.), more or less. Basis of Bearings: All bearings are based on a grid bearing of the south line of the Southwest One -Quarter as bearing South 89'06'13" East a distance of 2559.50 feet from the Southwest corner to the South One -Quarter corner of Section 35, Township 7 North, Range 63 West and described as shown. For and on behalf of Weld County Daniel R. Holmes, PLS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 4 of S 4279077 Pages: 13 of 14 02/16/2017 01:48 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII iligsflinPAIIIIiiiiigiltilDNI KO MAU Yoh "III EXHIBIT -B 5 6i ��,{S PL 8 3i 3�' I r E (f)': j a Mi j TE-4A ;. '�1 , TEMPORARY EASEMENT 12j 3e. iW 30,089.90 sf.± OR 0.69 ac.± 2 i I � vi'�i' L ( I `V, Sri i 4y, _ W° . —-------; ..'''tl ‹.to L24 N A®WAt/ID T`' '- PL PL 'IC N2 .0 "-.p.... I. Lf I � i• j EXISTING 60' ROW RECP.056028 JUL 16. 1902 o, ;4 un T.P,O.B, TE-4 TEMPORARY EASEMENT 45,822.22 sf.t OR 1.05 ac.± WELLS RANCH LLLP PARC.#071335000019 RECP.#4234245 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. \ \ \ ▪ \ RECO EXISTING 1588837 \ • \, do 1843691 • •\ _ ,• ;•-J \\ \ v \ l'A. EXISTING 80' ROWLe \•/ ' FEB. 11, 1918 .\ .. BK 14 -PG 563 • BK 83 -PG 375 /\ \, '1.d R0100/631 J' \ CURVE TABLE CUR LEN RADIUS DELTA CHD BRG CHD DIST Cl 747.93' 938.00' 45'41'08" N22'06'26"W 728.27' C2 763.87' 958.00' 45'41'08" S22'06'26"E 743.80' C3 620.35' 778.00' 45'41'08" N22'06'26"W 604.05' C4 636.30' 798.00' 45'41'08" S22'06'26"E 619.57' P.O.C. S 1/4 CORNER S35-17N-R63W 6 REBAR NO CAP UNE TABLE LINE BEARING DISTANCE L1 N89'06'13"W 412.32' L2 NO0'53'47"E 30.00' 1.3 N89'06'13"W 126,32' L4 N23'55'44"E 46,21' L5 N89'06'13"W 108.63' L6 52425'02"W 46.38' L7 N43'57'37"W 71.09' 18 NO0'44'08"E 224.24' L9 N44'57'00"W 98.63' L10 N45'05'07"E 20.00' L11 S44'57'00"E 98.63 L12 SOO'44'08"W 216.02' L13 S43'57'37"E 54.55' Li 4 N24'25'02"E 57.60' L15 589'06'13"E 181.47' L16 530'16'13'E 85.09' L17 NOO'00'00"E 50.01' L18 NOO'00'00"E 20.00' L19 N45'48'58"E 65.65' L20 NO0'44'08"E 187.70' L21 N44'57'00"W 98.73' L22 N45'05'07"E 20.00' L23 S44'57'00"E 98.72 L24 SOO'44'O8"W 196.00' L25 S45'48'58"W 82.25' RIGHT-OF-WAY ACQUISITION WELLS RANCH LLLP (Formerly Kahn) WCR 74 WELD COUNTY. COLORADO 4279077 Pages: 14 of 14 02/18/2017 01:48 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Iird'fit14nit'NE Willi 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 REALIGNMENT PROJECT AT STATE HIGHWAY 392 PROJECT NO: GR-17 SCALE: 5 of 5 DATE: 11-16-15 BY: JHB 9--16 SHEET: r=200 MEMORANDUM TO: Clerk to the Board DATE: September 15, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 74 SPECIAL WARRANTY DEED Acceptance of Special Warranty Deed between Weld County and the Wells Ranch LLLP. The Agreement for Purchase of Public Road Right of Way and Temporary Construction Easement for County Road 74 Realignment Project was approved on February 6, 2017 docket number 2017-0379. &n.c.e.i2 a -it / M:\Tiffane\forms\GENERAL OFFICE FORMSWgenda Memo.doc et:1/4go(XIKt) oz-ri-- /7 a-ai-lam 020cal-O379 SPECIAL WARRANTY DEED � . THIS DEED made this " day of .t,U" , 20/ 7, between WELLS RANCH LLLP, a Colorado limited liability limited partnership, whose address is 32010 County Road 6, Gill, Colorado 80624 of the County of Weld, State of Colorado ("Grantor") and COUNTY OF WELD, a body corporate and politic of the State of Colorado whose legal address is 915 10th Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, ("Grantee"): WITNESS, that the Grantor, for the sum of Three Thousand, Seven Hundred and no/100 Dollars, ($3,700.00)., and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, for the purposes of Public Road Right -of - Way, 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: the ROW acquired for the Weld County Road 74 and 69 Improvement Project 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 Property, together will all and singular the rights and appurtenances thereof, to the same belonging or in any way appertaining, for the use and benefit of Grantee in fee simple. This deed is made expressly subject to taxes for the current year, easements, restrictions, covenants, conditions, reservations, and rights -of -way of record, if any. Subject only to the title matters set forth above, Grantor will WARRANT AND FOREVER DEFEND the right and title to the Property to Grantee against the claims of all persons claiming by, through, or under Grantor, and not otherwise. 4279076 Pages: 1 of 7 02/18/2017 01:48 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 I ��l ��I�h'Ill+'4r 111 cW7 0579 IN WITNESS THEREOF Grantor has executed this deed on the date set forth above. WELLS RANCH LLLP Steven Wells, General Partner State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this 3 day of e b. , 20_i , by Steven T. Wells, as General Partner of Wells Ranch, LLLP. Witness my hand and official seal. Qi/pua vd&-twfw.,-K) My commission expires: 4279076 Pages: 2 of 7 CarlyBKoppes,eCle6 Palnd Recorder, eldCo nty$000 0 1111IedMIC!WI 'IV,kiht4,I01Y0lV6L1m1Whih II III TIFFANE V. JOHNSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154009170 MY COMMISSION EXPIRES MARCH 4, 2019 Notary Public EXHIBIT A WELD COUNTY REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-4 & RW-4A STA. 290+40.40 CL. to STA. 301+05.63 CL. (Center line of WCR 74 Realignment) STA. 606+15.98 CL. to STA. 611+31.53 CL. (Center line of WCR 69) STA. 619+88.26 CL. to STA. 620+97.40 CL. (Center line of WCR 69) FROM Wells Ranch LLLP (Formerly Kehn) 32010 CR 63 Gill, CO 80624 FOR Project Code: 19892 Project Number: STMC 030-057 Location: CR 74 @ S.H. 392 Purpose: Safety Improvements and CR 74 realignment 4279076 Pages: 3 of 7 02/16/2017 Ko0Pe ,OCler6k alnd Recorderr,0WeldDCount $00 0 sill 1 of 4 EXHIBIT "A" PROJECT CODE: 19892 PROJECT NUMBER: STMC 030-057 PARCEL NUMBER: RW-4 & RW-4A DATE: November 16, 2015 REV. September 6, 2016 LEGAL DESCRIPTION A parcel of land No. RW-4 and RW-4A of Weld County, and being part of the Department of Transportation, State of Colorado, Project Code 19892, Project Number STMC 030-057, containing a combined total of 4.88 acres, more or less, in the Southwest One -Quarter of Section 35, Township 7 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado, said parcel being more particularly described as follows: RW-4 COMMENCING at the Southwest Corner of Section 35, Township 7 North, Range 63 West; Thence South 89°06'13" East along the south line of the Southwest One -Quarter of Section 35 a distance of 540.12 feet to the TRUE POINT OF BEGINNING. 1. Thence North 00°00'00" East to a point on the existing northerly right-of-way line of Weld County Road 74 (WCR 74) a distance of 30.00 feet; 2. Thence continuing North 00°00'00" East a distance of 20.00 feet; 3. Thence South 89°06'13" East a distance of 515.90 feet; 4. Thence North 45°48'58" East a distance of 82.25 feet; 5. Thence North 00°44'08" East a distance of 196.00 feet to a point of curve to the left; 6. Thence 636.30 feet along the arc of said curve whose radius is 798.00 feet, central angle is 45°41'08" and whose chord bears North 22°06'26" West a distance of 619.57 feet; 7. Thence North 44°57'00" West to a point on the existing easterly Weld County right-of-way line which runs parallel to State Highway 392 a distance of 98.72 feet; 8. Thence North 45°05'07" East along said right-of-way line a distance of 140.00 feet; 9. Thence South 44°57'00" East a distance of 98.63 feet to a point of curve to the right; 38213 10. Thence 747.93 feet along the arc of said curve whose radius is 938.00 feet, central angle is ._• 94% 45°41'08" and whose chord bears South 22°06'26" East a distance of 728.27 feet; ..'`, .. a .�o S. �AttANq 11. Thence South 00°44'08" West a distance of 224.24 feet; 4279076 Pages: 4 of 7 02/16/2017 01:48 1 :46k PaM Rec eee $O.00 0 o Fee: $00 0 Carly Koppes, 1111 Mali ' MICIri ih�'�l:t Il R�rlw�� Y4 II III 2 of 4 12. Thence South 43°57'37" East to a point on the northerly right-of-way line of WCR 74 a distance of 71.09 feet; 13. Thence South 89°06'13" East along said right-of-way line a distance of 717.32 feet; 14. Thence South 00°53'47" West to a point on the south line of said Southwest One -Quarter a distance of 30.00 feet; 15. Thence North 89°06'13" West along said line a distance of 1480.74 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 207,995.21 sf. (4.78 ac.), more or less. AND RW-4A COMMENCING at the South One -Quarter Corner of Section 35, Township 7 North, Range 63 Westi Thence North 89°06'13" West along the south line of the Southwest One -Quarter of Section 35 a distance of 538.64 feet; Thence North 00°53'47" East to a point on the existing northerly right-of-way line of Weld County Road 74 (WCR 74) a distance of 30.00 feet and being the TRUE POINT OF BEGINNING. 1. Thence North 89°06'13" West along said existing right-of-way line a distance of 109.06 feet; 2. Thence North 24°25'02" East a distance of 46.38 feet; 3. Thence South 89°06'13" East a distance of 108.63 feet; 4. Thence South 23°55'44" West a distance of 46.21 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 4,628.79 sf. (0.11 ac.), for a combined (RW-4 & RW-4A) total of: 212,624.00 sf. (4.88 ac.), of which 44,431.20 sf. (1.02 ac.) are in existing right-of-way of the present road leaving a net area of 168,383.77 sf. (3.87 ac.), more or less. Basis of Bearings: All bearings are based on a grid bearing of the south line of the Southwest One -Quarter as bearing South 89°06'13" East a distance of 2559.50 feet from the Southwest corner to the South One -Quarter corner of Section 35, Township 7 North, Range 63 West and described as shown. For and on behalf of Weld County Daniel R. Holmes, PIS 38213 (970) 304-6496 Weld County Public Works Dept. 1111 H Street Greeley, CO 80632 3 of 4 I I N tm Z m! g ! QI c.i, o�I H 'n o! _I rI [;i i! 20' in• �, N� La rn:¢ i ‘40 --EXISTING ROW ca 1:,,i 1.02 act O ! ,--EXISTING 60' ROW I F' RECP.#86028 Q I ,4 JUL 16, 1902 co In; i ri L1 L2 PL PL PL T.P.O.B. Q N ` NOTE: THIS EXHIBIT MAP DOES NOT EXH IB I T - A SURVEY OR REPRESENT LAND SURVEY PLATNUMEWED D R IS `._\ \ , INTENDED TO ILLUSTRATE THE ATTACHED \PROPERTY DESCRIPTION ONLY. \ PL RW-4 ADDITIONAL RIGHT—OF—WAY ACQUIRED 163,754.98 sf.t OR 3.76 ac.t NO0'44'08"E 196.00 224.24' SO0'44'08"W NNW ROW RBAIJI.,i'81E11/ NT WELLS RANCH LLLP PARC.#071335000019 RECP.#4234245 N , N. EXISTING ROW -.REC# 1588837 N. & 1843691 , \&. \'. ' $ •ci\O,F` .•\ 4? h ', , i%)77, EXISTING 60' ROW FEB. 11, 1916 BK 14 -PG 563 BK 83 -PG 375 RD100/631 CURVE TABLE CUR LEN RADIUS DELTA CHD BRG CHD DIST C1 636.30' 798.00' 45'41'08" N22'06'26"W 619.57' C2 747.93' 938.00' 45'41'08" S22'06'26"E 728.27' RW-4A ADDITIONAL RIGHT—OF—WAY ACQUIRED 4,628.79 sf.t OR 0.11 ac.t P.O.C. S 1/4 CORNER S35-T7N-R63W #6 REBAR NO CAP LINE TABLE LINE BEARING DISTANCE L1 NOO'00'00"E 30.00' L2 N00'00'00"E 20.00' L3 N45'48'58"E 82.25' L4 N44'57'00"W 98.72' L5 S44'57'00"E 98.63' L6 S43'57'37"E 71.09' L7 N00'53'47"E 30.00' L8 N89'06'13"W 109.06' L9 N24'25'02"E 46.38' L10 S89'06'13"E 108.63' L11 S23'55'44"W 46.21' RIGHT-OF-WAY ACQUISITION WELLS RANCH LLLP ( ......_J.. # h.- 4279076 Pages: 6 of 7 02/18/2017 01:46 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO F.1II11.4. 144 1Vi k ki taIk4iiillig IA Bill �NTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 74 REALIGNMENT PROJECT AT STATE HIGHWAY 392 PROJECT NO: GR-17 SCALE: 4 of 4 11-16-15 DATE: 9-6-16 BY: JHB SHEET: 1"=200 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 /•? day of ATTEST: CLERK TO THE BOARD OF COUNTY COMMISSIONERS O THE COUNTY OF WELD BY: eputy Cl 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 COUNTY COMMISSIONER OF THE COUNTY OF WELD the foregoing instrument was acknowledged before me this J5 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: ypea C W x� in NO-FAR MY COtaiM SI0N Pages: 7 of 7 D Fee:$0.00 4279076 R Feet$0.00 $0.00Count: CO ,I III 0C er PM Recorder, Weld K��II�iiW�h 02/16/2017 1 Carly Koppe4 Clerk and I111AIl �!'y TIVIIK hy�wAVIII ■ 3 201.4404J,J44 t r- I 1,,,Le. t 19, 2013 .,..--------- O2o/ 7- 0379 Hello