Loading...
HomeMy WebLinkAbout20172566.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DORTHY K. GURTLER TRUST 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 Purchase of Public Road Right -of -Way for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Dorthy K. Gurtler Trust, 7538 County Road 49, Hudson, Colorado 80642, with further 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 Purchase of Public Road Right -of -Way for Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Dorthy K. Gurtler Trust, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro -Tern be, and hereby is, authorized to sign all related documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of July, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datitiev jddo;vk. EXCUSED Julie A. Cozad, Chair Weld County Clerk to the Board BY: Q . puty Clerk to the Board AP".VDASTO ounty orney Date of signature: '151(-7 ifr2<:)_______ Steve Moreno, ro-Tem can P. Conway arbara Kirkmeyer cc Pic c« I enc.) 2017-2566 EG0074 ,2 /027 MEMORANDUM TO: Esther Gesick, CTB DATE: July 19, 2017 FROM: Clay Kimmi, P.E., Public Works SUBJECT: ROW Agreement for Dorthy K. Gurtler Trust Please place the attached Right of Way agreement on the BOCC Agenda. Once the agreement has been signed, please return a signed original back to me so I can provide them to IHC. This agreement is for additional Right of Way that IHC needs to accommodate their design of CR 49 south of the CR 18 intersection. IHC will acquire 0.32 acres from the landowner. Weld County is not paying for the Right of Way acquisition. IHC included the cost of additional right of way acquisitions in their price for the overall CR 49 project. IHC is acquiring the additional ROW on behalf of Weld County. IHC offered the landowner $4,394.00 for the ROW agreement. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. Page I of I M'\ --Active Projects\Strategic Corridor\WCR 49 Corridor\ROW \MHC Acquired ROW \Gurtler\Gurtler ROW Agreement Memo to CTB 7-19-17.docx AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN DORTHY K. GURTLER TRUST AND WELD COUNTY, COLORADO THIS AGREEMENT is made this V1 dayof , 2017, by and between DORTHY K. GURTLER TRUST whose address i 753 ounty Road 49, Hudson CO 80642 hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1 150 `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 Lot B" and "Exhibit —A Lot D" (hereinafter referred to as ("Public Road Right -of -Way"), WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right -of -Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: Owner agrees to sell at closing and IHC on behalf of Weld County agrees to purchase the Public Road Right -of -Way shown and/or described on "Exhibit -A Lot B" and "Exhibit —A Lot D" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Thousand Three Hundred and 00/100 Dollars, ($3,380.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. If this agreement is executed and returned to our office on or before July 7, 2017, IHC on behalf of Weld County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 3. Owner agrees to grant the Public Road Right -of -Way to the County by Quit Claim Deed, free and clear of all liens and encumbrances, except existing easements. 4. Owner shall retain the mineral estate under the Public Road Right -of -Way and 4321376 Pages: 1 of 10 07/26/2017 12:40 PM R Fee:$0.00 "arly Koppes, Clerk and Recorder, Weld County, CO C hA Yid 11111 020/7- 025-6,6) shall also retain any water rights currently attached to or associated with the Public Right -of -Way. 5. Owner shall deliver the fully executed Quit Claim 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. 6. Owner shall pay any encumbrance associated with the Public Road Right -of -Way, which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Quit Claim Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of -Way. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. IHC on behalf of Weld County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of - Way. 2. IHC on behalf of Weld County shall at closing pay all fees associated with recording this Agreement and/or the Quit Claim Deed. 3. IHC on behalf of Weld County shall pay Four Thousand Three Hundred Ninety-four and 00/100 Dollars ($4,394.00) to the Owner for the Public Road Right -of -Way by County warrant(s) at the date of closing if agreement is signed and returned on or before July 7, 2017. If the agreement is not signed and returned on or before July 7, 2017 IHC on behalf of Weld County shall maintain its current offer of Fair Market Value of Three Thousand Three Hundred Eighty and 00/100 Dollars ($3,380.00) for the Public Road Right -of -Way by County warrant(s) at the date of closing. 4. Prior to construction commencing on the Project and right of way described herein, IHC on behalf of Weld County shall construct a temporary fence line along the outside boundary of the Right -of -Way. At the conclusion of construction, IHC on behalf of Weld County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. Owner shall be responsible for maintenance of said fence. MISCELLANEOUS: Page 2 of 4 4321376 Pages: 2 of 10 07/26/2017 12:40 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •11 I���R' Nu '4#�hi Kt� ti��F AIRAMIY4yh 1I II 1. This Agreement and the transfers of the Public Road Right -of -Way made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. Page 3 of 4 4321376 Pages: 3 of 10 07/26/2017 12:40 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 11111 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Dorthy K. Gurtler Trust ATTEST: er.,dattAJ p;ei Weld C ' un y lerk to the Bo. rd BY: Deputy C1e o t e Boar 4321376 Pages: 4 of 10 07/28/2017 12:40 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair Pro -Tern JULJ2 4 2a17 Page 4 of 4 02-0 / %— o? ,-6 6, CI) EXHIBIT - A ADDITIONAL RIGHT-OF-WAY FROM THE DOROTHY K. GURTLER TRUST PARCEL No. 130530200027 AS FILED UNDER RECEPTION No. 2640871 BEING KNOWN AS LOT B /RE - 3981 RECEPTION No. 3312631 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest 1/4 of Section 30, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest Corner of said Section 30 bears N45°50'22"W, a distance of 99.34 feet; THENCE S01°02'07"E, a distance of 426.94 feet; THENCE, 589°21'32"W, a distance of 30.00 feet, to the East Right -of -Way Line of Weld County Road 49; THENCE N01°02'07"W, along said Right -of -Way Line, a distance of 396.94 feet; THENCE N44°09'44"E, continuing along the East Right -of -Way Line of Weld County Road 49, a distance of 42.28 feet; to THE POINT AND PLACE OF BEGINNING, containing 12,358 square feet (0.28 Acres) more or less. Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing of S01°02'07"E. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. CO PLS 18468 ADDITIONAL ROW ACQUISITION RRw -/D GURTLER TRUST LOT B WELD COUNTY, COLORADO LUCH ETTI SURVEYING 1975 Prairie Owl Road parker, CO 80iits (303)841-2568 4321376 Pages: 5 of 10 07/26/2017 12:40 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII KIVIMAINVIal TAMIIlFlinilii4d 11111 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR 18 PROJECT NO.: SRP26 DATE: 7/09/16 IORAWN BY: MSL (SHEET 1 OF 2 N EXHIBIT - A NW Corn& Sect 30 T2N R64tf/ N 44'09'44" E, 42.28' WCR49 Existing R -O- W N 01'02'07" W, 396.94' West Line Section 30 Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. 1 I I e A I la a. t, I t ,f a w a WCR - 18 a a TIE -- N 45'50'22" W, 99.34' Existing 20' Perm. Easement P.O.R. a DORTHYK. CURB R TRUST PARCEL No. 130530200027 RECEPTIONNo. 264087/ LOTB/RE-3981 RECEPTIONNo.331263! S 01'02'07" E, 426.94' Additional ROW Parcel 12,358 sq. ft. /028 Acres All existing ownership, Rights -of —Way, and existing easement information has been provided by Weld County. ■ N fi S 89'21'32" W, 30.00' 100 0 50 100 200 SCALE: 1 "=100' ADDITIONAL ROW ACQUISITION RW A GURTLER TRUST LOT B WELD COUNTY, COLORADO 41/4\C )1/4 et* EUCH'ETTI� SURVEYING 1975 Prairie Owl Road Parker, CO 80138 303 841-2568 I WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR18 PROJECT NO.: SRP26 SCALE: 1 s=100' DATE: 7/09/16 DRAWN BY: MSL SHEET 2 OF 2 4321376 Pages: 6 of 10 07/26/2017 12:40 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII MINI M WINIONiltileigrililllialk�l II PHOTO EXHIBIT NW Corner Sect.. 3G' T2N R64!4' �44" L'VCR4U Existing ._ R -O W West tam .5e, ten 30 Note: This EKniPit skeu...t. •ion,:., not represent a Monurrtentt•d LorH Survey or Right - c -,f --Way. ' intended to show the -7t tc che.d proper r description only. ADDITIONAL ROW ACQUISITION RW A GURTLER TRUST LOT B WELD COUNTY COLORADO 414. i i t '-County Road 18 20 ' Perm, Easement PUB. DORT/IYAT C;1/Ri/ AR /RUST PARCEL No. /W102000,7 1?FC EPT/ON No. '64187/ 1.07' R/RF. -.198/ Rf- C'F,f'/ %ON /.26.1/ S 01'02'07" E, 426 cl4' Addy trona/ ROW Parcel 12,360 sq. ft. / 028 Acres r Al! existinga ownership. Rights-- of-- Way, and existing easement information has been provided by Weld County. 89'21'32" W, 30.00' SURVEYING LUCJ(ETTI ritiva ire 1975 Prairie Owl Road ar er, 303 841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR 18 PROJECT NO.: SRP26 DATE: 12/13/16 SCALE: 1"=100' DRAWN BY: MSL 4321376 Pages: 7 of 10 07/26/2017 12:40 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO In FAD* EP& WA III III EXHIBIT - A ADDITIONAL RIGHT-OF-WAY FROM THE DOROTHY K. GURTLER TRUST BEING KNOWN AS LOT D /RE - 3981 RECEPTION No. 3312631 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest % of Section 30, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest Corner of said Section 30 bears N05'38'05"W, a distance of 498.83 feet; THENCE N89°21'32"E, a distance of 30.00 feet; THENCE, 513'26'32"W, a distance of 120.00 feet, to the East Right -of -Way Line of Weld County Road 49; THENCE N01°02'07"W, along the East Right -of -Way Line of Weld County Road 49, a distance of 116.40 feet; to THE POINT AND PLACE OF BEGINNING, containing 1,746 square feet (0.04 Acres) more or less. Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing of SO1'02'07"E. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. do CO PLS 18468 ADDITIONAL ROW ACQUISITION GURTLER TRUST LOT D WELD COUNTY, COLORADO LUCHE7Ti SURVEYING 1975 Prairie Owl Road rarker, CO 801.3s (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR18 PROJECT NO.: SRP26 DATE: 7/09/16 !DRAM BY: MSL 1 OF 2 4321376 Pages: 8 of 10 07/26/2017 12:40 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO II i EXHIBIT - A 0 O 1 O O O O 0 0 O T NW Corn& Sect 30 TEN R6411/ West Line Section 30 i WCR49 Existing R -O- W N 01'02'07" W, 116.40' I Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. i I I' 1 i - _ _ WCR - 18 77E — — S 05'38'05" E, 498.83' N 8921'32n E, 30.00' All existing ownership, Rights -of —Way, and existing easement information has been provided by Weld County. • S 1326'32" kt 120.00' DORTHYK. CURTLER TRUST LOTD/RE-3981 RECEPTION No. 3312631 Proposed Addition/ ROW Parcel 1,746 sq. f t./0 04 Acres± ADDITIONAL ROW ACQUISITION GURTLER TRUST LOT D WELD COUNTY, COLORADO LUCI4ETTI SURVEYING 1975 Prairie Owl Road Parker, CO 80138 (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR18 PROJECT NO.: SRP26tscAI1: 1"=100' DATE: 12/13/16 'DRAWN BY: MSL (SHEET 2 OF 2 4321376 Pages: 9 of 10 07/26/2017 12:40 PM R Fee:$0.0@ Carly Koppel, Clerk and Recorder, Weld County, CO III NJciF'i1LkeFl+lhlifli}f1+'rf r6AhtID,ll tiiYYl4 PHOTO EXHIBIT NW Corner Sect 3O r2NR64W -__ L4"est Lin( Section JC' WCR4? Ex,stirrr, Note This Exhibit sketch does not represent a Monurnerite.ci LL]nr1 urvey ,7r Riaht :Of Way �s intended tc show the on -ached cnor,f;rI description only. ADDITIONAL ROW ACQUISITION GURTLER TRUST LOT D WELD COUNTY COLORADO 1/4 r I e "st, LU�I4E1T1 SURVEYING 1975 Prairie Owl Road ar er, 303 841-2568 $ ) f c -as wve 0.0 y 164 AL existing ownership, Rights —of —Way, and existing easement information hos been provided by Weld County PORT/71" As. it If l/ IA' /H(/S'/ /.07. h/Rf--.. 9'S',' RI,I`f-'/'7W<)'1 Asti /_'o-// Proposed Additional ROW Parcel 1,74b sic ft./O 04 Acres - WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR18 PROJECT NO.: SRP26 DATE: 7/09/16 SCALE: 1'=100' 4321376 Pages: 10 of 10 07/26/2017 12:40 Pan'd Recorder, eWeld County, CO $O 0 Carly Koppes, Clerk NFOISIII till �� �� QUIT CLAIM DEED THIS DEED is made this ' 1/*day of „n , , 2017, between Dorthy rthy K. Gurtler Trust , party of the first part and Weld County, olorado, a body politic and corporate of the rp State of Colorado, whose address is whose legal address is 1150 "0" Street, Greeley, Colorado 80631, party of the second part. WITNESSETH, that the said party of the first part, for sufficient consideration, the receipt whereof is hereby confessed and acknowledged, has remised, g released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, r, all the right, title, interest, claim and demand which the said party of the first part has in and to the he parcel of land situate, lying and being in the County of Weld and State of Colorado, to wIt.' • All of the real property described in the attached Exhibit "A." TO HAVE AND TO HOLD the same, together with all the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first art either in law or equity, part, q ty, to the only proper use, benefit and behoof of the said party of the second art heirs and assigns part, forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. ii-cf-tzei, Dorthy K Ofirtier Trust STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 20) 7 , by Dorthy K. Gurtler Trust. NOTARY PUBUC • STATE OF COLORADO My identification # 20114065230 Expires October 11, 2019 My commission expires: l �� - 1 19 4321377 Pages: 1 of 5 07/26/2017 12:40 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO I Cilki4 liii f� day of cJ iiile Got1-5CoCo EXHIBIT- A ADDITIONAL RIGHT-OF-WAY FROM THE DOROTHY K. GURTLER TRUST PARCEL No. 130530200027 AS FILED UNDER RECEPTION No. 2640871 BEING KNOWN AS LOT B /RE - 3981 RECEPTION No. 3312631 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest r of Section 30, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest Corner of said Section 30 bears N45°50'22"W, a distance of 99.34 feet; THENCE S01°02'07"E, a distance of 426.94 feet; THENCE, S89°21'32"W, a distance of 30.00 feet, to the East Right -of -Way Line of Weld County Road 49; THENCE N01°02'07"W, along said Right -of -Way Line, a distance of 396.94 feet; THENCE N44°09'44"E, continuing along the East Right -of -Way Line of Weld County Road 49, a distance of 42.28 feet; to THE POINT AND PLACE OF BEGINNING, containing 12,358 square feet (0.28 Acres) more or less Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing of S01°02'07"E. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. nfatkiclayeet • CO PLS 18468 ADDITIONAL ROW ACQUISITION (RW GURTLER TRUST LOT B WELD COUNTY; COLORADO 1* w LW, Err SURVEYING 1975 Prairie Owl Road Parker, Co 50138 i3Q3iS41-2568 WELD COUNTY DEPARTMENT QF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR 18 PROJECT NO.: SRP26 DATE: 7/09/16 DRAWN BY: MSL SHEET 1 OF 2 4321377 Pages: 2 of 5 07/26/2017 12:40 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO i EXHIBIT A NW Corm Sect 30 T2N R64G#/ N 44'09'44" E, 42.28' WCR49 Existing R -O- W N 01'02'07" W, 396.94' West Line Section 30 Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. i WCR - 18 N 45'50'22" W, 99.34' .._.........�. Y. M.•. morsosM`. _ _ ...........M. MME - Existing 20' Perm. Easement DORTHYK. GENTLER TRUST PARCEL No. 130530210027 RECLPTIONNo. 2640871 LOTP/RE-3981 RECEPTIONNo.3312631 S 01.02'07" E, 426.94' Additional ROW Parcel 12,358 sq. ft / 028 Acres ± All existing ownership, Rights -of —Way, and existing easement information has been provided by Weld County. a S 89'21'32" W, 30.00' 100 0 50 100 200 SCALE: 1 "=100' ADDITIONAL ROW ACQUISITION GURTLER TRUST LOT B WELD COUNTY, COLORADO LUtUETI SURVEYING 1975 Prairie Owl Road Parker, CO 80138 (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR18 PROJECT NO.: SRP26SCALE: 1"=100' DATE: 7/09/16 'DRAWN BY: MSL SHEET 2 OF 2 4321377 Pages: 3 of 5 07/26/2017 12:40 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III MEOLAVLYAYtihYld III III EXHIBIT - A ADDITIONAL RIGHT-OF-WAY FROM THE DOROTHY K. GURTLER TRUST BEING KNOWN AS LOT D /RE - 3981 RECEPTION No. 3312631 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest % of Section 30, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING ATA POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest Corner of said Section 30 bears N0S°38'05"W, a distance of 498,83 feet; THENCE N89°21'32"E, a distance of 3O.00 feet; THENCE, S13°26'32"W, a distance of 120.00 feet, to the East Right -of -Way Line of Weld County Road 49; THENCE N01°02'07"W, along the East Right -of -Way Line of Weld County Road 49, a distance of 116.40 feet; to THE POINT AND PLACE OF BEGINNING, containing 1,746 square feet (0.04 Acres) more or less. Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing of 501°02'07"E. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. 14.1,4;teat, CO PLS 18468 ADDITIONAL ROW ACQUISITION GURTLER TRUST LOT D WELD COUNTY, COLORADO • a E S URVYI NG 1975 Prairie Owl Road Parker, CO s0tst (303)84172568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR18 DATE: 7/09/16 SHEET 1 OF 2 4321377 Pages: 4 of 5 07/26/2017 12:40 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII MAIM 1.4K1 -1111 II EXHIBIT - N O 1 NW Corner Sect 30 T2N R64 L4/ West Line Section 30 WCR49 Existing R-0-14/ N 01'02'07" N, 116.40' Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. it is intended to show the attached property description only. i N "i lanallemeeseisas TIE __ WCR - 18 __ — -- S 05'38'05" E, 498.83' N 8921'32" E, 3000' a All existing ownership, Rights--of—Way, and existing easement information has been provided by Weld County. S 1326'32" M 120.00' DORTh'YK.. CUR.TLER TRUST .LOTD/RE3981 RECEPTION No. 312631 Proposed Additional ROW Parcel 1,746 sq. ft./0.04 Acresf ADDITIONAL ROW ACQUISITION GURTLER TRUST LOT D WELD COUNTY, COLORADO .w LU b4ETFI SURVEYING 1975 Prairie Owl Road Parker, CO 80138 (303841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR18 PROJECT NO.: SRP26 DATE: 12/13/16 SCALE: 1 .=10O' DRAWN BY: MSL 'SHEET 2 OF 21 4321377 Pages: 5 of 5 07/26/2017 12:40 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII wJrjrIuwrvt lief .311, 41,WIN Iimi1 111 II 1 t{.C. Peck & Associates. Inc. National I.and Scn'icc (. ontlnm March 20, 2017 HAND DELIVERED NOTICE OF INTENT TO ACQUIRE PROPERTY AND OFFER TO PURCHASE PROPERTY Donhy K. Cursler Trust 7538 Weld County Road 49 Hudson. CO 80642 RE: Weld Camay- WCR 49 Corridor Improvements Project Project No: SRP-26 Parcels: RW- A Lot B and RW-A Lot D Interests W be acquired: Right of Way Acquisition by Quit Claim Deed (RW- A Lm 0, RW-A Lot D) Deer Properly (honer. Interstate Highway Crrastruedon, Inc. (IHC) is in the process of planning and desiEming a project for the reconamxton of Weld County Road 49 between 1-76 and I; -.S. Highway 34 on behalf of Weld County. This pmiect is considered the Weld County Road 49 Condor Improvements Project. Phase 1I (-Project's). Preliminary design has progressed in a point that IHC has determined that it will need to acquire pmporty interests from you to accommodate this improvements project. Recently. 114C retained our company, H.C. Peck & Associates, Inc. In assist in the completion of right of way acquisition necessary for his project. In That regard, by this letter we ate presenting an offer for the following: I ) Right of Way parcel required from you is identified es RW-A Lot B. consisting nt'028 acres in permanent right of way by Quit Claim Deed. 2) Right of Way parcel required Drum you is identified as RW-.A Lot D, consisting of0.04 acres in permanent right of way by Quit Claim Dead. IHC on behalf of Weld County has prepared um Analysis of Valuation in order to determine the value of year property and is now in a position to present to you an offer in the amount of $3380.00 to purchase necessary tight of way referenced above. 4001 Fox Strom. Drawer, CO 80216 (303) 6234112 • Fax (303) 6234301 www.hcpcck.com I:nc'coed with this letter are the following documents: • Summary Statement of lust Comper satin • Agreement for the Purchase of Right of Way • Exhibits and legal descriptions • Request for in payer identification form (W-9) • Form of Quit Claim Deed All documents referencd above constituteand are relative to IIIC's (on behalf of We!d County) Offer to Acquire necessary property interest for the project. Please. review :his information. If you a desire a meeting in du field. we can anange a lima to do so at ynur pmpeny. At than time we can pis* discuss the IRC Offer and contract terms if you have any questions in that regard. lea meeting is not necessary. pleasesigt the enclosed Agreement form where indicated and return it along with a vampieted and signed W-9 form in the enclosed self-addressed envelope. Once I receive the signed Agreement from you, l will forward it in the ileum n"Coumy Commissioners for their approval and counter signature. Once the Agreement has been approved and signed by the County you will be contacted to omnnge a closing for this acquisition. Incentive to Sign Agreement In an elan to obtain your voluntary agreement to the necessary right of way acquisition. the County has authorized me to increase its offer to you to the amount of S4.394 .00 as payment ter all interests requited as set forth in the paragraph above. Please be advised that this additional compensation is offered as an inducement to you to accept the MC (on behalf of Weld County) Agreement and the County has not changed its determination of the fair market value. In order for this enhanced offer to be accepted, it is necessary mat we received due enclosed Agreement and IRS W-9 Four, signed by you, no later than Anil 20.2017 In the evert we do not receive the revised Agreement back from you by that date. we will assume you have rejected the offer and we have reached an impasse in ntegatiatinns. Al that paint the INC offer contained herein will he withdrawn rind we will forward your acquisition file to the County for pocessing. If you have questions or comment. please contact me.. t hank you for your time and cooperation during the process. SIC r Right- of -Way Speciniist Enclosures: See list above CC: Weld County Public Works Coor;3e Ottcnhotr Lind, rPonto0 & Root LI.P 355 Neuman Peek Drive. Ste 200 Windsor. CO 80550 SUMMARY STATEMENT OPJUST COMPENSATION bcrlhy K Gilder Trust 7538 Weld County Road 40 Hudson. CO 80642 Date: OAarch 20 2017 Project. WCR 49 Improvement Project Project No SRP-26 Parcel: RW-A Lot 8, RWA Lot 0 The amount Offered as fair market value was determined in accerdarce with applicable Fedcrar and Stale Iews and requrements 1. Right of Way.... ......... ....................5 3,380.00 based on $10,562.50facre 2. Signing Incentive ._.... _... 51,014.00 3. TOTAL......._._...............................$4.394.00 Determination was based on the following information a Ider ificalion of the real property lobe acgmred: 7538 Wee County Road 49. Hudson. CO 80642. Parcel RW-A Lol B, RWA LW D. b Typo of interest being acquired: Right of Way C. Ids tlhgt on of all improvements, including fixtures to bo acquired. None d. Identification of real property improvements, including fixtures to be aoquaed wh,w ate not owned by the landowner: Nine The subject property has been valued as though clean with the assumption that there are no poleabally hazardous substances on or below the surface of the site or in the construction of any snprovement. If. at a later date. contamnabon is found on as in the property that would negatively affect the value. the vaua finding end subsecuent offer wal be revised I&TROD, OTTPkNHOFF ROOT LLP Attorneys at Law 355 Eastman Park Dr., Ste. 200 • Windsor, CO 80550 Ihlephnne.: (970) 674-9888 • Fax: (970) 674-9535 Email: stephanie@lorlegatcom July 5, 2017 Jerry Kanter ❑.C. Peck & Associates, Inc. 4001 Fox Street Denver, CA) 80216 RE: Dorthy K Gunter Trust Dear Mr. Kanter: Kenneth P. (And Geo.te H. Otteaho( John D. Root Chnsten 8. Hinge Enclosed please find the Agreement for the Purchase of Public Road Right -of -Way for Certain Improvements to Weld County Road 49, Between Dorthy IC Curler Trust and Weld County, Colorado, a Quitclaim Deed between Dorthy K. Gtmnler and the County of Weld. and a W-9 the tho Dorthy K. Gurtler.Trust. If you have any questions regarding these documents, please don't hesitate to contact our office. JAr Enclosures pc: Yours very truly. LIND, OTTENHOPF & ROOT LLP Stephanie J. Roc Legal Assistant to Kenneth F. Lind and Cbry.cren S. Hine RECEtvED JUI 0 7 2n17 H'C. PECK MEMORANDUM TO: Esther Gesick, CTB DATE: March 14, 2018 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Deed of Dedication for Public Highways for the CR 49 Project Please place the attached Quit Claim Deed for additional ROW that IHC acquired on behalf of Weld County from the Dorthy K. Gurtler Trust on the BOCC Consent Agenda. The original contract ID # was 1276 and the docket number was 2017-2566. 4t1( /0.6) N -I"1-18" DO -a_UL9 E&oo--r4 Page I of 1 M:\ —Active Projects\STRATEGIC CORRIDOR\WCR 49 Corridor\ROW\IHC Acquired ROW\Gurtler\Gurtler Deed Acceptance Memo to CTB 03-07-18.docx QUIT CLAIM DEED (J � Time plifite,ebrn 800.460.5657 NO DOC FEE SQUIRED THIS DEED is made this 18th day of August, 2017, between Dorthy K. Gurtler Trust , party of the first part and Weld County, Colorado, a body politic and corporate of the State of Colorado, whose address is whose legal address is 1150 "O" Street, Greeley, Colorado 80631, party of the second part. WITNESSETH, that the said party of the first part, for sufficient consideration, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit "A." TO HAVE AND TO HOLD the same, together with all the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. Dorthy K. Gurtler Trust Tie By: Dorth K. Gurtler, Trustee STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 18th day of Augst, 2017, by Dorthy K. Gurtler, Trustee of Dorthy K. Qutler Trust. MICA SPENCER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19984030370 MY COMMISSION EXPIRES NOV. 02, 2018 4386701 Pages: 1 of 8 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ii PAM ILINDII'I :IrIL'0YO1Vii' lily), 11 II Notary Public OO 11' Er Q ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts said parcel, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this /9 day of , 2018. ATTEST: "011/4°4A CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY Clerk to the Board STATE OF COLORADO ) )ss COUNTY OF WELD ) COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO Steve Moreno, Chair BOARD OF COUNTY MAR 1 9 2018 COMMISSIONER OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this /1 day of , 2018, by Steve Moreno, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: /62 -//9? -1)Al2, 4386701 Pages: 2 of 8 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC, 19, 2018 �0/o2��G iii liTdrl'Aii riel 'IEL:Ie 1r' la'L'ii'.ti141 I1W1W 411,4 111111 EXHIBIT - A ADDITIONAL RIGHT-OF-WAY FROM THE DOROTHY K. GURTLER TRUST PARCEL No. 130530200027 AS FILED UNDER RECEPTION No. 2640871 BEING KNOWN AS LOT B /RE - 3981 RECEPTION No. 3312631 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest % of Section 30, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest Corner of said Section 30 bears N45°50'22"W, a distance of 99.34 feet; THENCE S01°02'07"E, a distance of 426.94 feet; THENCE, 589°21'32"W, a distance of 30.00 feet, to the East Right -of -Way Line of Weld County Road 49; THENCE N01°02'07"W, along said Right -of -Way Line, a distance of 396.94 feet; THENCE N44°09'44"E, continuing along the East Right -of -Way Line of Weld County Road 49, a distance of 42.28 feet; to THE POINT AND PLACE OF BEGINNING, containing 12,358 square feet (0.28 Acres) more or less. Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing of S01°02'07"E. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. CO PLS 18468 ADDITIONAL ROW ACQUISITION GURTLER TRUST LOT B WELD COUNTY, COLORADO 4386701 Pages: 3 of 8 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIIIl�rj ll� Il Ir 11i1R�����1�41� l 3hV�� II II LUCH Errt SURVEYING 1975 Prairie Owl Road WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads I-76 & WCR 18 PROJECT NO.: SRP26 Parker, (.O SU138 " 131131841-2568 DA1E: 7/09/16 rAWN BY MSL T 1 OF 2 Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. 4386701 Pages: 4 of 8 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO All existing ownership, Rights —of —Way, and existing easement information has been provided by Weld County. III Iliira131 11,4,01'111% iiii'.‘• l'i ill'i:All'Iliiii,"Iiiiiiiiiiiiii, III II I /)0k/f/Y"k: (:!/R7Y_t;i? TRUST PAR( ZL Na /. ?I3.;(1.),,81_ 7 RR /;l'TIONNo. 2M037/ LOT Bu1? :.198/ RH'f?llON.1Vo..%1/ 2h.// $ 01'02'07" E, 426.94' Addition/ ROW Parcel 2,.36 sq. ft. /0.28 Acres All existing ownership, Rights--of--Way, and existing easement information has been provided by Weld County. Note: This Exhibit skei ::;F', does not represent a Vonurnenteri Lanc Sc r •'e5 r intender to show the nttacrled oror err y iesc' otion only. 4386701 Pages: 5 of 8 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III ridtgiu„thvii,4151 thipirucrii,Po liii EXHIBIT - A ADDITIONAL RIGHT-OF-WAY FROM THE DOROTHY K. GURTLER TRUST BEING KNOWN AS LOT D /RE - 3981 RECEPTION No. 3312631 A TRACT OF LAND, LYING AND BEING SITUATE WITHIN THE Northwest 1/4 of Section 30, Township 2 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows. BEGINNING AT A POINT on the East Right -of -Way Line of Weld County Road 49, whence the Northwest Corner of said Section 30 bears N05°38'0S"W, a distance of 498.83 feet; THENCE N89°21'32"E, a distance of 30.00 feet; THENCE, S13°26'32"W, a distance of 120.00 feet, to the East Right -of -Way Line of Weld County Road 49; THENCE N01°02`07"W, along the East Right -of -Way Line of Weld County Road 49, a distance of 116.40 feet; to THE POINT AND PLACE OF BEGINNING, containing 1,746 square feet (0.04 Acres) more or less. Bearings as shown in the above description are based upon the West Line of Section 30 having a bearing of 5011'02'07"E. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. 1w /i/ifukri:Lie CO PLS 18468 ADDITIONAL ROW f _. ACQUISITION (RIP/ A GURTLER TRUST LOT D WELD COUNTY. COLORADO LUCH'ETII SURVEYING 1975 Prairie Owl Road YaTkeer; CO 8O136 (303)841-2568 4386701 Pages: 6 of 8 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO i II lPj i III WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR18 PROJECT NO.: SRP26 DATE: 7/09/16 DRAY,N BY: MSL {SHEET 1 OF 2 r EXHIBIT - A NW Corner Sect 30 MUM, U, crel r I I 0 v _b 0 0 0 0 0 0 N 0 0 West Line Section 30 WCR49 Existing R -O -W N 01 V2'07" W, 116.40' Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. ADDITIONAL ROW ACQUISITION RW A GURTLER TRUST LOT D i i I I _ a WCR - 18 a a _ a -- - _ ____ S _ 77E — — S 0558'05" E, 498.83' ciar N 8921'32" E,, 30.00' All existing ownership. Rights -of —Way. and existing easement information has been provided by Weld County. I LUCH ET1I SURVEYING 1975 Prairie Owl Road • ar er, WELD COUNTY. COLORADO (303)841-2568 4386701 Pages: 7 of 8 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO • :41 • • S 1326'32" W, 120.00' DORTHYK. GURTLER TRUST LOTD/R&-3981 RECEPTION Na33/2631 Proposed Additional ROW I -el 1,746 sv ft./0.04 Amass WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 1-76 & WCR18 PROJECT NO.: SRP26 DATE: 12/13/16 DRAf1 BY: MS_ 201 2 i Al existing ownership. Rights—of—'Wati, and existing easement information hos beer provided by Wefd Count fX)RJII -K G.:r'Ri t:k JR1/57- 11)1'1)/1? Rbt W/'7!ok r1),,, J / 61 / Note: snis Exnebit s►cetch does not represent a Monurrented Land Right —of-- Way. 't is intended tc show the attached orooert c,escriptior• only. 4386701 Pages: 8 of 8 03/29/2018 01:44 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO viii Ply iliDlili firi a iiNIIR I gilth liii Hello