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Home My WebLink About20171169.tiffRESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - LYSTER FAMILY FARMS 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 the Weld 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 Lyster Family Farms, 22727 County Road 64, Greeley, CO 80631, 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 the Weld 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 Lyster Family Farms, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. cc' PcuCTJ(FC) 2017-1169 EG0074 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT - LYSTER FAMILY FARMS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of April, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COJJNTY, COLORADO ATTEST: daytav Sic /, Weld County Clerk to the Board K BY: uty Clerk to the Bo APPROVED AS T %County Attorney Date of signature: 5-1(0-1-1 Jutie� , Chi Steve Moreno, Pro-Tem can P. Conway CUSED ike Freeman C Barbara KirkmeyeijriLifir r 2017-1169 EG0074 c /P /177 MEMORANDUM TO: Clerk to the Board DATE: April 20, 2017 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 47 CORRIDOR PROJECT (RW-13, TE-13 & TE-13A) Approval of an Agreement between Weld County and Lyster Family Farms for additional right-of- way and temporary construction easements. 2017-1169 M:UACKIE\BLANK AGENDA MEMO.doe £GOO -1H AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR THE WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECTS BETWEEN LYSTER FARMS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this cX-tP day of 2017, by and between Lyster Family Farms whose address is 22727 Weld. County Road 64/, Greeley, CO 80631, 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 Forty Five Thousand One Hundred Fifty and no/100 ($45,150.00) dollars. The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 1 of 5 4297801 Pages: 1 of 15 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 F:41V 0114%WinL 1v: IiiriflUVIl plert.4k 11111 020/7 // Le? 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 attached hereto and made a part hereof by this reference), for the sum of One Thousand Six Hundred Fifty Two and no/100 Dollars, ($1,652.00). 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 April 20, 2017, the County shall pay the amount described in Paragraph One "1" 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 to 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. 2 of 5 4297801 Pages: 2 of 15 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 11FIAl IE 011A:40U hi'�! M�Ci i'IY4 11111 11. Owner shall pay any encumbrance associated with the Public Road Right -of -Way and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of -Way and Temporary Construction Easement. 12. Owner is liable for any damage caused to any other property owner, including but not limited to, crop damage, agricultural damage, or access issues which are caused by the Owner's actions or failure to act pursuant to this agreement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay Sixty Thousand Eight Hundred Forty Three Dollars ($60,843.00) 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 April 20, 2017. If the Agreement is not signed and returned on or before April 20, 2017, the County shall maintain its current offer of Fair Market Value of Forty Six Thousand Eight Hundred Two and no/100 Dollars ($46,802.00) 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. 3 of 5 4297801 es: 3 of 15 04/28/2017 9 11:29AM R Fee:$0.00 $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �� kirdUrail+ Villill'lsICI M' VAI kl § till 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. 8. Owner shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the Owner's activities in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising out of the failure of the Owner to conform to any statutes, ordinances, regulation, law or court decree. 9. Neither party to this agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 4 of 5 4297801 Pages: 4 of 15 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County, CO 1111 i 'Iin I iMIiiiilq IC h WA 11111 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Landowner: LYSTER FAMILY FARMS By: Norman C. Lyster C Title: cr. /7 BOARD OF COUNTY COMMISSIONERS WELD CO ,JNTY, COLORADO ie A. Cozad, Chair ATTEST: /h;44. BY: d County Clerk to the Board Deputy C / k to the Bo 4297801 Pages: 5 of 15 04/28/2017 11:29 AM R Fee:80.00 $0.00 Lh�'�'I��'k''UrrI UI III PR 2 6 2017 5 of 5 oZo/7- //Low/ EXHIBIT -A SE 1/4 S26-T6N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 0803 -26 -4 -RE -634 (RE -634) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1950680 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY UNE OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH 00'44'50" WEST, A DISTANCE OF 2639.48 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG 1HE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 00'44'50" WEST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'17'28" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47 AND ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 64 SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 89'17'28" WEST, A DISTANCE OF 155.34 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 4416'19" EAST, A DISTANCE OF 57.03 FEET; THENCE NORTH 00'44'50" WEST, A DISTANCE OF 2396.33 FEET TO A POINT ON THE NORTHERLY LINE OF LOT -B OF SAID RE -634; THENCE ALONG SAID NORTHERLY UNE NORTH 89'14'46" EAST, A DISTANCE OF 115.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY UNE OF COUNTY ROAD 47; THENCE ALONG SAID RIGHT-OF-WAY UNE SOUTH 00'44'50" EAST, A DISTANCE OF 2436.76 FEET TO THE TRUE POINT OF BEGINNING. SAID RW-13 CONTAINS 281,035.99 sf. OR 6.45 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. ,,prrxryyzit • DANIEL R. HOLMES PLS 38213 RIGHT OF WAY ACQUISITION LYSTER FAMILY FARMS-RW-13 WELD COUNTY, COLORADO 4297801 Pages: 6 of 15 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clark and Reoorder, Weld County, CO VIII l��1�N1l�MrI�G+��t�'lidl� I�'14�hi��k�R�Wii�l w iii �I II GOUNTY WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE: DATE: 1-25-17 DRAWN BY: DRI I SHEET: I of 3 EXIIIBI"I'-A a LYSTER FAMILY FARMS PARC.#080326400044 RECP.# 2006650 LOT B RE -634 RECP. #1950680 LINE TABLE LINE BEARING DISTANCE L1 NO0'44'50"W 30.00' L2 S89'17'28"W 30.00' L3 S89'17'28"W 155.34' L4 N44'16'19"E 57.03' L5 N89'14'46"E 115.00' SW COR. S26-T6N-R65W FND 2 1/2" ALUM. CAP LS28656 2016 IN MON. BOX EXIS11NG 60' ROW RD.BK.1/PG.204 JUL 28. 1873 M cn N N00'44'50"W RIGHT—OF—WAY-- ACQUIRED RW-13 281,035.99 sf. OR 6.45 ac.± S89'17 28"W 5310.101 /C 5' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A T.P.0.8; MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. RIGI if OF WAY ACQUISITION LYSTLR FAMILY FARMS-RW-13 WELD COUNTY, COLORADO LDS CHURCH [XISUNG 60' ROW BK.1154/PG.241 5-9-1945 RD.BK.2/PG.192 JAN. 23. 1878 KELLY EXIS11NG 80' ROW R0.BK.1 /PG.204 JUL 28, 1873 1 ��-P.O.C. SE COR. S26-T6N-R65W FND 3 1/4" ALUM. CAP LS38213 2016 IN MON. BOX II WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 "AI l"-200 DATE: 1-25-17 DRAWN BY: IIRII 4297801 Pages: of 15 04/28/2017 11:29 A7M RFee Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 �.rrY1��&P�'�I�i�111Y'�ri" i !h r bhp �rI II III 'X11113 W 1/4 COR. S26-T6N-R65W FND 2 1/2" ALUM. CAP L59644 2001 IN MON. BOX EXISTING 60' ROW RD.BK.2/PG.189 1-9-1878 & EXISTING ADDITIONAL 60' ROW --RECP.#2690837 4-30-1999 . WC -R-64..- 89'18'44'rW 5,296.94' DCP MIDSTREAM LP RIGHT—OF—WAY ACQUIRED RW-13 281,035.99 sf. OR 6.45 ac.± LYSTER FAMILY FARMS PARC.#080326400044 RECP.# 2006650 LOT B RE -634 RECP. #1950680 LINE TABLE LINE BEARING DISTANCE L1 N00'44'50"W 30.00' L2 S89'17'28"W 30.00' L3 S89'17'28"W 155.34' L4 N44'16'19"E 57.03' L5 N89'14'46"E 115.00' 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. '4-4'50"W 2396.3 0 z L5 115' I r COI I' I*� of M I(1 r0 RI I 60' 1 E 1/4 COR. S26-T6N-R65W FND 3 1/4" ALUM. CAP -- LS34995 2012 IN MON. BOX EXISTING 60' ROW BK.1154/PG.241 5-9-1945 RD.BK.2/PG.192 JAN. 23, 1878 LDS CHURCH RIGHT OF WAY ACQUISITION LYSTER FAMILY FARMS-RW-l3 WELD COUNTY, COLORADO 1861 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE! 1"=200 DATE: 1-25-17 DRAWN BY: DRH SHEET: 3 of 3 4297801 Pages: 8 of 15 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Yikf,r1iMmi, II EXHIBIT -B SE 1/4 S26-T6N-R65W PROPERTY DESCRIPTION TWO PARCELS OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCELS BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 0803 -26 -4 -RE -634 (RE -634) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1950680 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH 00'44'50" WEST, A DISTANCE OF 2639.48 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; TE-13 THENCE ALONG THE EASTERLY UNE OF SAID SOUTHEAST ONE -QUARTER NORTH 00'44'50" WEST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'17'28" WEST, A DISTANCE OF 185.34 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 64, SAID POINT BEING THE IRUE. POINT OF BEGINNING. THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY UNE SOUTH 8917'28" WEST. A DISTANCE OF 28.27 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY UNE NORTH 4416'19" EAST. A DISTANCE OF 68.73 FEET; THENCE NORTH 00'44'50" WEST, A DISTANCE OF 2388.04 FEET TO A POINT ON THE NORTHERLY UNE OF LOT -B OF SAID RE -634; THENCE ALONG SAID NORTHERLY LINE NORTH 89'14'46" EAST, A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID NORTHERLY UNE SOUTH 00'44'50" EAST, A DISTANCE OF 2396.33 FEET; THENCE SOUTH 44'16'19" WEST, A DISTANCE OF 57.03 FEET TO THE TRUE POINT OF BEGINNING. SAID TE-13 CONTAINS 49,101.31 sf. OR 1.13 ac. MORE OR LESS. AND TEMPORARY EASEMENT ACQUISITION LYSTER FAMILY FARMS TE-13 & TE-13A WELD COUNTY, COLORADO 4297801 Pages: 9 of 15 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 CCU WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE: DATE: 3-20-17 DRAWN BY: DR.H SHEET: 1 of 4 EXHIBIT -B SE I/4 S26-T6N-R65W PROPERTY DESCRIPTION TE-13A THENCE ALONG THE EASTERLY UNE OF SAID SOUTHEAST ONE -QUARTER NORTH 00'44'50" WEST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID EASTERLY UNE SOUTH 8917'28" WEST, A DISTANCE OF 549.30 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 64, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY UNE SOUTH 89'17'28" WEST, A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY UNE NORTH 00'42'32" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 8917'28" EAST, A DISTANCE OF 50.00 FEET; THENCE SOUTH 00'42'32" EAST, A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. SAID TE-13A CONTAINS 2.000.00 sf. OR 0.05 oc. MORE OR LESS. TOTAL AREA FOR TE-13 AND TE-13A CONTAINS 51,101.31 sf. OR 1.18 oc. MORE OR I FSS THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES. SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 P� 38213 _zo 17 TEMPORARY EASEMENT ACQUISITION LYSTER FAMILY FARMS TE-13 & TE-13A WELD COUNTY, COLORADO 00Nl'Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 SCALE DATE: 3-20-17 DRAWN BY:10211 SHEET: 2 of 4 4297801 Pages: 10 of 15 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County, CO IIII FAIT IA: 1M ��ICL'�I iIiALI4V II ! 111111 EXHIBIT -B SF I/4 S26-T6N-R6501 LYSTER FAMILY FARMS PARC.#080326400044 RECP.# 2006650 LOT B RE -634 RECP.#1950680 LINE TABLE LINE BEARING DISTANCE Lt NO0'44'50"W 30.00' L2 S89'17'28"W 28.27' L3 N44'16'19"E 68.73' L4 N89'14'46"E 20.00' L5 S44'16'19"W 57.03' L6 S8917'28"W 50.00' 17 NOO'42'32"W 40.00' 18 N89'17'28"E 50.00' L9 SO0'42'32"E 40.00' TEMPORARY EASEMENT ACQUIRED TE-13A 2,000.00 sf. OR 0.05 ac.t SW COR. S26-T6N-R65W FND 2 1/2" ALUM. CAP LS28656 2016 IN MON. BOX EXISTING 80' ROW R0.8K.1/PG.204 JUL. 28, 1873 - L8 20'- TEMPORARY EASEMENT ACQUIRED TE-13 49,101.31 sf. OR 1.13 oc.± 0 co oa 0 O 0 z L3 L7 F1L9 L1L5 185.34' M M N 0 u) 0 O In 115' 60' Ion I MAKE I'lL N :o. Y S89'17'28"W 1 _ L6 9.3Q _ 5310.10' TE-138 T.P.O.B. TE-13 T.P.0.8. LDS CI IURCI I 80' ROW BK.1154/rG.241 5-9-1945 RD.BK.2/PG.192 JAN. 23, 1878 QI X00 � (oi NOTE: THIS EXHIBIT MAP DOES NOT �I REPRESENT A MONUMENTED LAND NI SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. I I EXISTING 80' ROW RD.8K.1/PG 204 IJUL 28, 1873 V Y C -P -64- P.O.C. SE COR. S26-T6N-R65W FND 3 1/4" ALUM. CAP LS38213 2016 IN MON. BOX TEMPORARY EASEMENT ACQUISITION LYSTER FAMILY FARMS TE-13 & TE-13A WELD COUNTY, COLORADO r1!! r GOUNT_Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 DATE: 3-20-17 4297801 11:29 9 AM R 11 04/28/2017 Fee $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 �wr�iNiii FY% DU NOSNWYoh IiiiI SCALE; 1"=200 DRAWN BY: URHISHEET: 3 of 4 EXHIBIT -B R65W 5 L..� - ! J l ��i W 1/4 COR. S26-T6N-R65W FNO 2 1/2" ALUM. CAP LS9644 2001 IN MON. BOX S89�18'44'�W EXISTING 60' ROW RD.8K.2/PG.189 1-9-1878 & EXISTING ADDITIONAL 60' ROW RECP.#2690837 4-30-1999 J 5,296.94' UCP MIDSTREAM 1.P TEMPORARY EAS EMENT ACQUIRED TE-13 49,101.31 sf. OR 1.13 oc.± LYSTER FAMILY FARMS PARC.#080326400044 RECP.# 2006650 LOT B RE -634 RECP.#1950680 LINE TABLE LINE BEARING DISTANCE L1 NO0'44'50"W 30.00' L2 ' S89'17'28"W 28.27' L3 N44'16'19"E 68.73' L4 N89'14'46"E 20.00' L5 S44'16'19"W 57.03' L6 S89'17'28"W 50.00' L7 N00'42'32"W 40.00' L8 N89'17'28"E 50.00' L9 SO0'42'32"E 40.00' 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. TEMPORARY EASEMENT ACQUISITION LYSTER FAMILY FARMS TE-13 & TE-13A WELD COUN'T'Y, COLORADO 4297801 Pages: 12 of 15 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIIINFOnliMINE MENU P PAU I h 1I 111 O co co N 0 u> 0 0 z L4 r _ M (O O� M 'Z i 1 �I 60' 1 E 1/4 COR. S26-T6N-R65W FN0 3 1/4" ALUM. CAP LS34995 2012 IN MON. BOX E*STING 80' Row BK.1154/PG.241 5-9-1945 RO.BK.2/PC.192 JAN, 23, 1078 LDS CHURCH WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT )JECT NO SKY -27 E I" 200 DATE: 3-20-1 DR,NIN BY I)RI1 SHEET: 4 014 EXHIBIT -C WARRANTY DEED THIS DEED made this day of , 2017, between Lyster Family Farms whose address is 22727 Weld County Road 64, Greeley, CO 80631, hereinafter referred to as "Grantor," and COUNTY OF WELD, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, "Grantee": WITNESS, that the Grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A". Also known as: Vacant Land TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the Grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, 4297801 Pages: 13 of 15 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 INPArIgI '.lI Dihl III II against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. OWNER: LYSTER FAMILY FARMS By: Norman C. Lyster Title State of Colorado County of ) )ss. ) The foregoing instrument was acknowledged before me this day of 2017, by , Owner. Witness my hand and official seal. Notary Public My commission expires: 4297801 Pages: 4 of 15 04/28/2017 11:29 AiM RFee $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 lgolYI N,HiAh,:16F lNifil1141:A1'ith Bill COMPENSATION WORKSHEET RW-13 NAME LYSTER FAMILY FARMS PART TAKEN AREA VALUE/ACRE TOTALS ROW 6.45 $7,000.00 $45,150 PE NONE TE 1.18 10% OF LAND VALUE X 2 $1,652 TOTAL LAND COMPENSATION $46,802 INCENTIVE (30%) $14,040.60 TOTAL COMPENSATION $60,843 4297801 Pages: 1°i of 1°i 04/28/2017 11:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII I rdltil lip 1FCr4vaill iNO PARNIi Mid BM MEMORANDUM TO: Clerk to the Board DATE: Oct. 10, 2017 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: CONSENT AGENDA Acceptance of Warranty Deed RE: 47 Corridor Project (SRP-27) DOC: #2017-1169 CONTRACT ID: #1179 Acceptance of a Warranty Deed from: LYSTER FAMILY FARMS 0(3t O6.en eC. `Pi,tTT/AAG) to -'o- 1"7 aoI_7-((co9 E.Goo -7 y WARRANTY DEED /Coil/ THIS DEED made this day of , 2017, between Lyster Family Farms whose address is 22727 Weld County Road 64, Greeley, CO 80631, hereinafter referred to as "Grantor," and COUNTY OF WELD, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, "Grantee": WITNESS, that the Grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A". Also known as: Vacant Land TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the Grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights -of -way of record, if any. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, 4345173 Pages: 1 of 5 10/18/2017 11:48 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO °W7-/!6,9 against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS THEREOF the Grantor has executed this deed on the date set forth above. OWNER: LYSTER FAMILY FARMS By: Norman C. Lyster f Title State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this l (7 day of C64-vb 2017, by Nov ri\GI 1'1 I(Vi 1'G V , Owner. I TIFFANE V. STATE OF MY coarzarmuct. zaro NOTARY My commission expires: V C V \ , 6C 102 1345173 Pages: 2 of 5 0/18/2017 11:48 AM R Fee:$0.00 D Fee:$0.00 arly Koppes. Clerk and Recorder, Weld County; CO Witness my hand and official seal. j/ -Lae I� i Notary Public r- ' 1111 111111 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts the above deeded property as Public Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). 7/ Dated this /t, day of ATTEST: n l •- "des CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD BY ty Clerk to the Board STATE OF COLORADO ) )ss COUNTY OF WELD ) , 2017. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO „af' ulie A. Cozad, Chair :OARD OF COUNT C1. 16 2017 COMMISSIONER OF THE COUNTY OF WELD /7/I he fore..ing instrument was acknowledged before me this / 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: Notary Pu R/l9/mid'. 4345173 Pages: 3 of 5 10/18/2017 11:48 AM R Fee:$0.00 D Fee:$0.00 arly Koppes. Clerk and Recorder Weld County., CO CHERYL LYNN HOFFMAN NOVAill WALE: STAI4. C>>' CULOZAOO NOTARY ID 20i44'348044 MY C0MIMI5SIJN CXP R_S DEC. 19, 2018 11111 MirdliTlh'i� 1«T4kil'iIii111.FIN. 11411 III EXHIB IT -A SE I/4 S26-T6N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT -B OF RECORDED EXEMPTION NO. 08O3 -26 -4 -RE -634 (RE -634) FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1950680 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER AS BEARING NORTH 00'44'50" WEST, A DISTANCE OF 2639.48 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 65 WEST, ALSO DESCRIBED AS SHOWN; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST ONE -QUARTER NORTH 00'44'50" WEST, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID EASTERLY LINE SOUTH 89'17'28" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47 AND ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 64 SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 8917'28" WEST, A DISTANCE OF 155.34 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 44'16'19" EAST, A DISTANCE OF 57.03 FEET: THENCE NORTH 00'44'50" WEST, A DISTANCE OF 2396.33 FEET TO A POINT ON THE NORTHERLY LINE OF LOT -B OF SAID RE -634; THENCE ALONG SAID NORTHERLY LINE NORTH 8914'46" EAST, A DISTANCE OF 115.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 47; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00'44'50" EAST, A DISTANCE OF 2436.76 FEET TO THE TRUE POINT OF BEGINNING. SAID j2W-13 CONTAINS 281,035.99 sf. OR 6.45 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED B DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. , A'"$1, DANIEL R. HOLMES PLS 38213 4 FM RIGHT OF WAY ACQUISITION LYSTER FAMILY FARMS-RW-13 WELD COUNTY, COLORADO 1861 COL) Y WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT PROJECT NO: SRP-27 DATE: 1-25.17 DRAWN BY DI SCALE SHEET: I of 3 4345173 Pages: 4 of 5 10/18/2017 11:48 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO IenIlk 1. .1 f'� �t��' 1111 B -A W 1/4 COR. S26—T6N—R65W FND 2 1/2" ALUM. CAP LS9644 2001 IN MON. BOX EXISTING 50' ROW Ri].BK.2/FC. I8 -9-1d7l h EXISTING A3DIT1ONAL 5J• R3W RFCP.#2590837 4-10-1999 W C -R. i J 8918'44TW 5,296.94' DCP MIDSTREAM f.P L5 RIGHT—OF—WAY ACQUIRED RW-13 281,035.99 sf. OR 6.45 ac.± LYSTER FAMILY FARMS PARC.#080326400044 RECP.# 2006650 LOT B RE -634 RECP. #1950680 LINE TABLE LINE BEARING DISTANCE L1 NO0'44'50"W 30.00' L2 S8917'28"W 30.00' L3 S89'17'28"W 155.34' N44'16'19"E 57.03' L5 N89'14'46"E 115.00' 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. RIGI 1"1' Ol' WAY ACQI.IIS1 ION ,YS'CLR F_/.IvILLY FARMS-RW-13 .+11.1`(t1[ c0 T M N N00'44* 50"W NT 1 t al l m m m 1 ICIM I(ON1 t k3 � Iat •oI •o. N 0 • 1 E 1/4 COR. S26-T6N-R65W FND 3 1/4" ALUM. CAP LS34995 2012 IN MON. BOX EXIS11NG 60' ROW BK.1154/PG.241 5-9-1945 RD.8K. 2/PG.192 JAN. 23, 1878 LDS CIEJRCII WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 47 CORRIDOR PROJECT 4345173 Pages: 5 of 5 10/18/2017 11:48 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder; Weld County, CO - 1111 kIrdi!'3 'r' ihri I 111111 Hello