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Home My WebLink About20173800RESOLUTION RE: APPROVE ACCEPTANCE OF CORRECTED QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN - HOSHIKO RESOURCES, INC. 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 Acceptance of Corrected Quit Claim Deed 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 Hoshiko Resources, Inc., commencing October 31, 2017, with further terms and conditions being as stated in said Corrected Quit Claim, and WHEREAS, after review, the Board deems it advisable to approve said corrected quit claim deed, 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 Acceptance of a Corrected Quit Claim Deed 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 Hoshiko Resources, Inc., be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said quit claim deed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of November, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COU, JTY, COLORADO ATTEST: da:464),,�, Weld County Clerk to the Board BY: c_(ZQp..t2_, puty Clerk to the Board APPR.OV oun y Attorney Date of signature: t'a15/ t'7 Jule A. Cozad, Chair arbara Kirkmeyer act Pr)C ER/ TT( (N -)C) vt/1a/i8' Steve Moreno, Pro -Tern 2017-3800 EO0074 MEMORANDUM TO: Clerk to the Board DATE: 11/1/2017 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of a Quit Claim Deed RE: CR 49 Parkway Project (SRP-23) Acceptance of Quit Claim Deed from: HOSHIKO LAND, LLC This corrected quit claim deed replaces in full the warranty deed recorded at reception number 4169079 on 12/29/2015 including all terms and conditions contained therein, which shall have no further effect whatsoever. The parties to this quit claim deed intend it to correct and replace the prior warranty deed, effective 12/21/2015." This deed is being corrected due to reflect the agreement for Purchase of Public Road Right of Way recorded on 10/2/2015 at reception number 4147232; docket number 2015-3014. cc PwC-rxt SRI MO t1/30/I-1 2017-3800 11 / 1 /I-7 E.,G©o7 ci CORRECTED QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this 'day of 6cti-itt- , 2017 between HOSHIKO LAND, LLC by its sole member, Hoshiko Resources, Inc., a Colorado corporation, whose address is P.O. Box 119, Kersey, Colorado 80644, ("Grantor") and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, whose legal address is 1150 "O" Street, Greeley, Colorado 80631 ("Grantee"). WITNESSETH, the parties hereto agree this QUIT CLAIM DEED fully corrects and replaces the WARRANTY DEED recorded on December 29, 2015 under reception number 4169079, including all of the terms and conditions contained therein which are hereby rescinded and hereafter shall have no further effect whatsoever, and moreover, this QUIT CLAIM DEED shall be effective as of December 21, 2015. WITNESSETH FURTHER, that Grantor, 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 and to the only proper use, benefit and behoof of Grantee, its heirs, successors and assigns forever, to have and to hold the same, together with all the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, all the estate, right, title, interest, claim and demand which Grantor has either in law or equity, in and to the following described parcel of land situate, lying and being in the County of Weld and the State of Colorado, to wit: SEE ATTACHED EXHIBIT "A." ("the Property") EXCEPTING AND RESERVING unto Grantor the mineral estate underlying the Property, including but not limited to all oil, gas, shale, coal and other minerals and mineral rights, except as required to sustain the integrity of the surface estate granted herein, together with any and all water and water rights, including any and all right, title, and interest in and to any and all dry -up credits currently attached to or associated with the Property. IN WITNESS WHEREOF, Grantor has executed this QUIT CLAIM DEED on the date set forth above. GRANTOR: HOSHIKO LAND, LLC By its sole member, Hoshiko Resources, Inc. By: L :(4-241 Dennis J. oshiko — President AND CONTINUED ON NEXT PAGE 4355144 Pages: 1 of 5 11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld 1111 t��M�4Y� 1 '4fi F� iii!A Val K��1 ��4'�E'iI III STATE OF COLORADO COUNTY OF WELD th The foregoing instrument was acknowledged before me this ,21 day of Oc o(oer 2017, by Dennis J. Hoshiko My commission expires: i t,.nL 14 By: s__ t Diana L. Tomoi — Vice President STATE OF COLORADO ) ) ss. COUNTY OF WELD ) GLORIA J JOHNSON Notary Public State of Colorado Notary ID 20114038029 My Commission Ex res Jun 17, 2019 f The foregoing instrument was acknowledged before me this %j/ S day of (-) c_fc, . , 2017, by Diana L. Tomoi My commission expires:.,.) _ 1-7 2 of f Denise A. Leafgren — S rotary/Treasurer GLORIA J JOHNSON Notary Public State otcolorado Notary 1010114038029 M ComnNssidn E re: Jun 17, 2019 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 3 5 ('"day of Or 2017, by Denise A. Leafgren. My commission expires: c.7,,, 11, 2.cj`t 4355144 Pages: 2 of 5 11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII fMI ,I4KINANIA ritireriktid till GLORIA J JON Notary Public State of Colorado Notary ID 20114038029 My Commission Expires Jun 17, 2019 EXHIBIT -A SE 1/4 S13-T5N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND, LOCATED IN THE SOUTH HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1662267 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST AND DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE SOUTH HALF OF THE SOUTHEAST ONE -QUARTER AS BEARING NORTH 00'20'37' WEST A DISTANCE OF 1320.93 FEET TO THE SOUTH ONE -SIXTEENTH CORNER OF SECTION 13, TOWNSHIP 5 NORTH, RANGE 65 WEST ALSO DESCRIBED AS SHOWN; THENCE SOUTH 89'57'25" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE -QUARTER A DISTANCE OF 156.04 FEET; THENCE DEPARTING SAID UNE NORTH 00'02'35" WEST TO A POINT WHICH INTERSECTS THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 34 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY PARKWAY (WCR 49) A DISTANCE OF 120.00 FEET; THENCE NORTH 36'35'02" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 92.23 FEET TO THE POINT OF BEGINNING THENCE NORTH 00'20'37" WEST A DISTANCE OF 977.05 FEET; THENCE NORTH 89'39'23" EAST A DISTANCE OF 20.00 FEET: THENCE NORTH 00'20'37" WEST TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 13 A DISTANCE OF 150.00 FEET; THENCE ALONG SAID NORTH LINE SOUTH 89'55'44" EAST TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY PARKWAY (WCR 49) A DISTANCE OF 10.00 FEET; THENCE SOUTH 00'20'37" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 1087.05 FEET; THENCE CONTINUING ALONG SAID LINE SOUTH 36'35'02" WEST A DISTANCE OF 49.93' FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 30,212.38 ef. OR 0.69 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS. RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT OF WAY ACQUISITION NUtiHIK(1 I.ANI) t.I,C W F I I) COI N TY. COI ()RAIN) 4355144 Pages: 3 of 5 11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 EXTENSION PROJECT PROJECT NO: SRP-21 SC 4,-E 34TE 4 -II 15 'DRAWN Et 1)R1 5"EET 142 4169079 P.9.s: 4 of 5 12/29/2018 02:29 P11 R Fee:$0.00 0 F.. $0.90. Carly Koppel, Clark and Recorder, Weld County CO run �ii�i Ull 1 rOirliKu4 1iki1 lei: IP6MitIh f ilkW'l i ' th Bill 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. EXHIBIT -A SE %4 $ 3-T5N: R65vV S 1/16 COR 513-T5N-R65W FND 3 1/4" A.C. STAMP LS3122098 2005 APPROX. LOCATION OF _ EXISTING ACCESS HOSHIKO LAND LLC RECP.# 1662267 LINE TABLE LINE BEARING DISTANCE Lt S89'57'25"W 156.04' L2 N00'02'35"W 120.00' L3 N36'35•02"E 92.23' L4 N89 -39'23"E 20.00' L5 NOO'20'37"W 150.00' L6 589'55'44"E 10.00' L7 536'35'02"W 49.93' EXISTING R.O.W. (COOT) BK-1305/RECP.y2257398 JUL. 25, 1991 ti o RIGHT OF WAY ACQUISITION IIOSHIKO LAND LLC WI.I I)COINl1, coLl)KAOO 4355144 Pages: 4 of 5 11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII "Ill RIGHT—OF—WAY ACQUIRED 30,212.38 sf. OR 0.69 ac.± SE COR S13-15N—R65W FND 3 1/4" A.C. STMP.CDOT LS#17508 1992 IN MON. BOX WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 44 EXTENSION PROJEC T NC: SRP-23 3CA,_c I'gnu i)Afc 4-II-I'IOP1AN BY URIISi)FFT ',r' 4169079 Pages: 5 of 5 22/Car2ly9/2015 Kopp5.02:29 PM Cl.rrk and RRaoorde 0Wel0 Weld CO VIII IIUFALU I .ICIO WIANA filJiW, YIi d ill _ 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 5r day of J' , 2017. ATTEST: � G. ‘ CLERK TO THE BOARD Dep y Clerk to the Board STATE OF COLORADO COUNTY OF WELD )ss BOARD OF COUNTY COMMISSIONERS COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE TATE OF COLORADO lie A. Cozad, Chair V 01 2017 The foregoing instrument was acknowledged before me this /e5 r� day of , 2017 by Julie A. Cozad, CHAIR OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: /c.2//q/2D/( 4355144 Pages: 5 of 5 11/27/2017 10:38 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III II CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION EXPIRES DEC. 19, 2018 Esther Gesick From: Sent: To: Subject: Attachments: Bruce Barker Wednesday, November 1, 2017 9:45 AM Esther Gesick FW: Land conveyance documents and instructions QCD for HOSHIKO LAND, LLC - CR64 & CR47 (Revised 10.27.17).doc; QCD for HOSHIKO LAND, LLC - US34 & CR49 (Revised 10.27.17).doc; FARM LEASE (Kelly) 2017-2018.pdf; First Amendment to Purchase and Sale Agreement - Hoshiko (Revised DRAFT 10.31.17).docx Please include for today's added agenda items. Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dennis Hoshiko [mailto:dhoshiko@yahoo.com] Sent: Tuesday, October 31, 2017 7:43 PM To: CenturyLink Customer <hawkstone4@q.com>; DON TOMOI <dontomoi@msn.com> Cc: Jim Fuller <jimrfuller@gmail.com>; Doug Brown <dbrown@bdwfirm.com>; Ed Cordes <ed@cordesco.com>; Tiffane Johnson <tvjohnson@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Don Dunker <ddunker@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Subject: Land conveyance documents and instructions All, The attached documents have all been reviewed and preliminary approved by Weld County ("County") relating their acquisition of land owned by Hoshiko Land, LLC ("HLLLC") in association with the pending expansion of Weld County Road 47 ("CR 47"). 1 I have communicated with various County staff members about the need to record a new and corrected deed to replace the faulty deed that was recorded a couple of years ago when land was conveyed by HLLLC to the County in association with the expansion of CR 49. In addition, I also requested the County to amend the Purchase and Sale Agreement Between Weld County and Hoshiko Land, LLC to indemnify HLLLC of any damages our tenant farmer, Steve Kelly (see attached Farm Lease) may incur as a result of the County's inability and/or failure to adequately construct the pipeline that conveys water to irrigate the subject farm next year. Attached is the First Amendment to Purchase and Sale Agreement Between Weld County and Hoshiko Land, LLC ("Amedment Agreement") that I have proposed minor revisions to which accomplishes that purpose. HLLLC administrative assistant and Public Notary, Gloria Johnson, has two (2) copies of the deed for the conveyance of the CR 47 land and two (2) copies of the deed for the conveyance of the CR 49 land, all of which are signed by myself and notarized. Denise and Diana need to contact Gloria and make arrangements for her to notarize their signatures on the aforementioned deeds tomorrow, Wednesday, November 1, 2017. Afterward, Denise and Diana can hand deliver the signed and notarized fully deeds to Tiffane Johnson (970)400-3766 at the offices of the Weld County Public Works Department, located at 1111 Street, Greeley (click the following link for directions): https://www.google.com/maps/place/Department+of+Public+Works/40.446448,- 104.702104,15z/data=!4m5!3m4! 1 s0x0:0xa6f549f7436f8134!8m2!3d40.446448!4d-104.702104 When Denise and Diana deliver the deeds to Tiffane, Tiffane should present Denise and Diana with a check made payable to Hoshiko Land, LLC for the amount of One Hundred Twenty -Eight Thousand One Hundred Sixty -Six Dollars ($128,166.00). Finally, Denise and Diana should sign two (2) copies of the the Amendment Agreement that include my revisions to it that they can then leave with Gloria who will in turn, convey them to me for my signature and subsequent return to the County. Thank you, Dennis 2 Hello