HomeMy WebLinkAbout20171172.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 - WELLS
RANCH, LLLP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Purchase of Public
Road Right -of -Way and Temporary Construction Easement for 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 Wells
Ranch, LLLP, 32010 County Road 63, Gill, CO 80624, with terms and conditions being as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for the Purchase of Public Road Right -of -Way and
Temporary Construction Easement for 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 Wells Ranch,
LLLP, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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5-50-/7
2017-1172
EG0074
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY
CONSTRUCTION EASEMENT FOR WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT
PROJECT - WELLS RANCH, LLLP
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 COUNTY, COLOR/PO
ATTEST: d, ) "do;K
Weld County Clerk to the Board
BY
APP
arbara Kirkmeyer
ounty orney
Date of signature: -I(C" ti
Steve Moreno, Pro -Tern
a ad
ozad, Chair
2017-1172
EG0074
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-1, TE-1, TE-1A)
Approval of an Agreement between Weld County and Wells Ranch LLLP for additional right-of-way
and temporary construction easements.
aC
2017-1172
MAJACK(E1BLANK AGENDA MEMO.doc
Expo° ", C.s
AGREEMENT FOR THE PURCHASE OF
PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT
FOR THE WELD COUNTY ROAD 47 CORRIDOR IMPROVEMENT PROJECT,
BETWEEN WELLS RANCH LLLP AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this O640 day of , 2017/ by and between Wells
Ranch LLLP, whose address is 32010 CR 63, Gill Colo a�24 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 and construction 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 Five Hundred and
no/100 Dollars, ($500.00). The parties acknowledge and agree that said purchase
price represents full, fair and valuable consideration.
2. Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easements shown and/or described on Exhibit "B" (a copy of which is
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Carly Koppes, Clerk and Recorder, Weld County, CO
I'.'ih II III
020/7-//702
attached hereto and made a part hereof by this reference), for the sum of Three
Hundred and no/100 Dollars, ($300.00). 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 March 7, 2017
the County shall pay the amount described in Paragraph Four "4" 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.
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
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII I�.r�Y�4M d �I'Ih�h�l�ti;'��,;�FW�Ir�1� Yoh till
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 at closing pay for the cost of obtaining title insurance if County desires
to obtain title insurance for the Public Road Right -of -Way and/or Temporary
Easement.
2. County shall at closing pay all fees associated with recording this Agreement and the
Warranty Deed.
3. County shall pay One Thousand, and Forty and no/100 Dollars ($1,040.00) to the
Owner for the Public Road Right -of -Way, the Temporary Construction Easement and
Damages/Cost to Cure by County warrant at the date of closing if Agreement is
signed and returned on or before March 7, 2017. If the Agreement is not signed and
returned on or before March 7, 2017, the County shall maintain its current offer of
Fair Market Value of Eight Hundred and no/100 Dollars ($800.00) for the Public
Road Right -of -Way, the Temporary Construction Easement and Damages/Cost to
Cure by County warrants at the date of closing.
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.
5. County shall construct a temporary fence along the outside boundary of the
Temporary Construction Easement. At the conclusion of construction, the County
shall remove temporary fencing.
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right -of -Way and Temporary
Construction Easement made pursuant to the terms herein, shall be binding upon, all
and inure to the benefit of and be enforceable by the parties and their heirs, executors,
administrators, successors, and assigns.
2. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII IgrICYRallE'Whl4 1%4111K411/4'h V4411111 1
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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
Land r: WELLS NC LLLP
By:
ATTEST:
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COI.JNTY, COLOP$DO
dir444)
�e
County Clerk t+ the Board
ulie A. Cozad, Chair
361
Deputy Cl- , to the Board
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Carly Koppes, Clerk and Recorder, Weld County, CO�<ik k 1I II 1
Rn2017
5 of 5
Z0 / 7- // �7.2
1
DAIRY FARMERS OF AMERICA
LOT 1 UNION COLONY
INDUSTRIAL PARK
t
.
Nam.
WCR62 _ I
TE-1A
TEMPORARY EASEMENT
1,950.00 sf.± OR 0.04 oc.±
A
4
\NI
1
•
60' EXISTING ROW
RW-1
ADDITIONAL ROW
31.97 sf.f
TE-1
TEMPORARY EASEMENT
741.04 sf.± OR 0.02 ac.±
WELLS RANCH LLLP
PARC.#Q96102100007
RECP.#2099888
LOT A RECX14—OO27
RECP.#4029739
NE 1/4
S2-T5N-R65W
WELLS RANCH LLLP
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Carly Koppes, Clerk and Recorder, Weld County, CO
III liiipordrocm WNW' twillaini
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- NTS
see
I
I
I
I
•
i
a
iao'
EXISTING ROW
U
A
EXHIBIT -A
S2-T5N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 2, TOWNSHIP 5
NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO.
0961-2-1-RECX14-0027 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER
RECEPTION NO. 4029739 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHEAST
ONE -QUARTER OF SAID SECTION 2 AS BEARING SOUTH 00'29'41" WEST A DISTANCE OF 2523.44
FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 2, TOWNSHIP 5 NORTH, RANGE 65
WEST ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 2 SOUTH
00'29'41" WEST A DISTANCE OF 32.11 FEET;
THENCE DEPARTING SAID LINE NORTH 89'30'19" WEST A DISTANCE OF 110.00 FEET TO A POINT
THAT INTERSECTS THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 62 AND
EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 AND BEING THE TRUE POINT
OF BEGINNING.
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 0029'41" WEST A DISTANCE OF 8.00
FEET;
THENCE DEPARTING SAID LINE NORTH 45'03'13" WEST A DISTANCE OF 11.20 FEET TO A POINT ON
THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 62;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89'23'52" EAST A DISTANCE OF 8.00
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 31.97 sf. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD
COUNTY, COLORADO.
DANIEL R. HOLMES
PLS 38213
tat
-} 38213 ,4 e
RIGHT-OF-WAY
ACQUISITION
WELLS RANCH LLLP
RW-1
WELD COUNTY, COLORADO
,/ r • -
!err
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO: SRP-27
SCALE:
DATE: 1-30-17 ,DRAWN BY: JHB
SHEET: 1 of 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII MIAOW& II
EXHIBIT -A
S2-T5N-R65W
- NW CORNER
S2-T5N-R65W
2 i" A.C. STAMPED
LS#24670
IN MON. BOX
EXISTING 60' ROW
RD. BK.1/PG.203
JUL. 28, 1873-,
LINE TABLE
LINE
BEARING
DISTANCE
L1
S00'29'41 "W
32.11'
L2
S00'29'41 "W
8.00'
L3
N45'03'13"W
11.20'
L4
N89'23'52"E
8.00'
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.
DAIRY FARMERS OF AMERICA
LOT 1 UNION COLONY
INDUSTRIAL PARK
WCR 62
S89'23'52"W 5291.61'
NE 1/4
S2-T5N-R65W
OUTLOT 1
R. P.O. B.-- \
RW-1
RW-1
ADDITIONAL ROW
31.97 sf.±
SEE DETAIL
WCR 62 L4
RW-1
ADDITIONAL ROW
31.97 sf.±
SEE DETAIL
/T.P. 0.B.
RW-1
0-N8910'19"W
110.00'
DETAIL
-N TS -
WELLS RANCH LLLP
PARC. #096102100007
RECP.#2099888
LOT A RECX14-0027
RECP.#4029739
WELLS RANCH LLLP
RIGHT-OF-WAY
ACQUISITION
WELLS RANCH LLLP
RW-1
WELD COUNTY, COLORADO
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Carly Koppes, Clerk and Recorder, Weld County, CO
rh �'�K� rh+Lii�h "Ill
N
Ct
EXISTING ROW
BK.1154/PG.241
5-9-1945
RD.BK.2/PG.192
JAN. 23, 1878
AND
RECP.#3962794
9-11-2013
E 1/4 CORNER
S2-T5N-R65W
2 1/2" A.C. STAMPED
LS#24307 (2012)
P.O.C.
NE CORNER
S2-T5N-R65W
3 4" A.C. STAMPED
LS#38213 (2016)
IN MON. BOX
N89"30'19"W.,_
110.00'
1
• I
EXISTING ROW
-140'--+-:
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO: SRP-27
SCALE: 1"=100
DATE: 1-30-17
DRAWN BY: JHB
SHEET: 2 of 2
EXHIBIT -B
S2-T5N-R65W
PROPERTY DESCRIPTION
TWO PARCELS OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 2, TOWNSHIP 5
NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO.
0961-2-1-RECX14-0027 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER
RECEPTION NO. 4029739 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TE-1
COMMENCING AT THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHEAST
ONE -QUARTER OF SAID SECTION 2 AS BEARING SOUTH 00'29'41" WEST A DISTANCE OF 2523.44
FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 2, TOWNSHIP 5 NORTH, RANGE 65
WEST ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 2 SOUTH
0029'41" WEST A DISTANCE OF 40.11 FEET;
THENCE DEPARTING SAID LINE NORTH 89'30'19" WEST A DISTANCE OF 110.00 FEET TO A POINT ON
THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 AND BEING THE TRUE
POINT OF BEGINNING.
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 0029'41" WEST A DISTANCE OF 62.19
FEET;
THENCE DEPARTING SAID LINE NORTH 89'30'19" WEST A DISTANCE OF 10.00 FEET;
THENCE NORTH 00'29'41" EAST A DISTANCE OF 57.99 FEET;
THENCE NORTH 45'03'13" WEST A DISTANCE OF 16.82 FEET TO A POINT ON THE EXISTING
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 62;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 8923'52" EAST A DISTANCE OF 14.01
FEET;
THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 45'03'13" EAST A DISTANCE OF
11.20 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 TO
THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 741.04 sf_ OR 0.02 ac. MORE OR LESS.
AND
TEMPORARY EASEMENT
ACQUISITION
WELLS RANCH LLLP
TF,-1 & TE-1A
WELD COUNTY, COLORADO
4297798 Pages: 9 of 14
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Carly Koppes, Clerk and Recorder, Weld County, CO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO: SRP-27 1 SCALE:
DATE: 1-30-17
DRAWN BY: JHB
SHEET: 1 of 3
EXHIBIT -B
S2-T5N-R65W
PROPERTY DESCRIPTION
TE-1A
COMMENCING AT THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHEAST
ONE -QUARTER OF SAID SECTION 2 AS BEARING SOUTH 00'29'41" WEST A DISTANCE OF 2523.44
FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 2, TOWNSHIP 5 NORTH, RANGE 65
WEST ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 2 SOUTH
8923'52" WEST A DISTANCE OF 671.03 FEET;
THENCE DEPARTING SAID LINE SOUTH 00'36'08" EAST A DISTANCE OF 30.00 FEET TO A POINT ON
THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 62 AND BEING THE TRUE
POINT OF BEGINNING
THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 00'36'08" EAST A DISTANCE OF
30.00 FEET;
THENCE SOUTH 8923'52" WEST A DISTANCE OF 65.00 FEET;
THENCE NORTH 00'36'08" WEST A DISTANCE OF 30.00 FEET TO A POINT ON SAID SOUTHERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 62;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89'23'52" EAST A DISTANCE OF 65.00
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,950.00 sf. OR 0.04 ac. MORE OR LESS.
TOTAL AREA FOR TE-1 & TE-1A CONTAIN 2,691.04 sf. OR 0.06 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD
COUNTY, COLORADO.
DANIEL R. HOLMES
PLS 38213
38213
sr�N11. IAN.
TEMPORARY EASEMENT
ACQUISITION
WELLS RANCH LLLP
TE-1 & TE-1A
WELD COUNTY, COLORADO
_c O U_N
T
4297798 Pages: 10 of 14
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII PAM S1QIMIlliur'iKkii IOW I'1Yk 11111
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO: SRP-27
SCALE:
DATE: 1-30-17
DRAWN BY: JHB
SHEET: 2 of 3
EXHIBIT -B
S2-T5N-R65W
- NW CORNER
S2-T5N-R65W
2 r A.C. STAMPED
LS#24670
IN MON. BOX
TE-1A
TEMPORARY EASEMENT
1,950.00 sf.± OR 0.04 ac.±
MEM
EXISTING 60' ROW
RD.BK.1/PG.203
JUL. 28, 1873--,
T.P.O.B.
L10 TE-1
L8
LINE TABLE
LINE
BEARING
DISTANCE
L1
S00'29'41 "W
40.11'
L2
N89'30'19"W
10.00'
L3
N45'03'13"W
16.82'
L4
N89'23'52"E
14.01'
L5
S45'03'13"E
11.20'
L6
S00'36'08"E
30.00'
L7
800'36'08"E
30.00'
L8
S89'23'52"W
65.00'
L9
N00'36'08"W
30.00'
L10
N89'23'52"E
65.00'
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.
DAIRY FARMERS OF AMERICA
LOT 1 UNION COLONY
INDUSTRIAL PARK
671.03'
S89'23'52"W 5291.61'
NE 1/4
52-T5N-R65W
OUTLOT 1
WCR 62
TE-1
TEMPORARY EASEMENT
741.04 sf.± OR 0.02 ac.±
WCR 62
11
DETAIL
-NTS-
WELLS RANCH LLLP
PARC.#096102100007
RECP.#2099888
LOT A RECX14-0027
RECP.#4029739
WELLS RANCH LLLP
TEMPORARY EASEMENT
ACQUISITION
WELLS RANCH LLLP
TE-1 & TE-1A
WELD COUNTY, COLORADO
4297798 Pages: 11 of 14
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII Nr0111I''II: VIVA l'INIEl iyk Ill II
T.P.O.B.
TE-1
N89'30' 19"W
110.00'
EXISTING ROW _
BK.1154/PG.241
5-9-1945
RD.BK.2/PG.192
JAN. 23, 1878
AND
RECP.#3962794
9-11-2013
E 1/4 CORNER
S2- T5N-R65W
2 1/2" A.C. STAMPED
LS#24307 (2012)
P.O.C.
NE CORNER
S2-T5N-R65W
3 }" A.C. STAMPED
LS#38213 (2016)
IN MON. BOX
T.P.0.B.
TE-1
89'30'19"W
110.00'
SEE DETAIL
•
EXISTING ROW
-140'
J
i
I
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO: SRP-27
SCALE: 1"=100
DATE: 1-30-17
DRAWN BY: JHB
SHEET: 3 of 3
EXHIBIT C
SPECIAL WARRANTY DEED
THIS DEED made this day of , 20 , between WELLS
RANCH, LLLP, a Colorado limited liability limited partnership, whose address is 32010
County Road 63, Gill, Colorado 80624 of the County of Weld, State of Colorado
("Grantor") and COUNTY OF WELD, a body corporate and politic of the State of
Colorado whose legal address is 1150 O Street, Greeley, Colorado 80631, of the County
of Weld, State of Colorado, ("Grantee"):
WITNESS, that the Grantor, for the sum of Eight Hundred and no/100 Dollars,
($800.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, for the purposes of Public Road Right -of -Way and Temporary
Construction Easement, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns
forever, all the real property together with improvements, if any, situate, lying and being
in the County of Weld and State of Colorado, described as follows:
SEE ATTACHED EXHIBIT "A".
Also known as: the ROW and easement acquired for the Weld County Road 47 Corridor
Improvement Project
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions, reminder and
remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances.
RESERVING unto Grantor the mineral estate under said property, including oil,
gas and any and all water rights currently attached to or associated with said property,
except as required to sustain the integrity of the surface estate granted herein.
TO HAVE AND TO HOLD the Property, together will all and singular the rights
and appurtenances thereof, to the same belonging or in any way appertaining, for the use
and benefit of Grantee in fee simple. This deed is made expressly subject to taxes for the
current year, easements, restrictions, covenants, conditions, reservations, and rights -of -way
of record, if any.
Subject only to the title matters set forth above, Grantor will WARRANT AND
FOREVER DEFEND the right and title to the Property to Grantee against the claims of all
persons claiming by, through, or under Grantor, and not otherwise.
4297798 Pages: 12 of 14
04/28/2017 11:29 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
illFAN III
IN WITNESS THEREOF Grantor has executed this deed on the date set forth
above.
WELLS RANCH, LLLP
Steven Wells, General Partner
State of Colorado )
)ss.
County of )
The foregoing instrument was acknowledged before me this day of
, 2017 , by Steven T. Wells, as General Partner of Wells Ranch, LLLP.
Witness my hand and official seal.
Notary Public
My commission expires:
4297798 Pages: 13 of 14
04/28/2017 11:29 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
X111 rjltrin:Ily04114117fliArJ l' ilEgrali y 11111
WELLS RANCH LLLP
PARCELS: RW-1, TE-1 & TE-1A
47 CORRIDOR PROJECT
COMPENSATION WORKSHEET -4/20/17
ACQUISITION
AREA (ac./sf.)
VALUE
;Vac.
TOTALS
MISC
ROW
31.97
sf.
$ 7,000.00
$ 500
-Min
PE
(@ 50%
LAND
VALUE)
0.00
$ 0
$ 0
NO
PE
TE
(@ 10% LAND
VALUE)
0.06 ac.
a
$ 7,000.00
$ 300 -Min
X 2 YEARS
DAMAGES
$ 0
TOTAL
COMPENSATION
,
$ 800.00
INCENTIVE
30%) ON
LAND
ONLY
$ 240
ROW &
TE
TOTAL
COMPENSATION
W/INCENTIVE
i
$
1,040.00
4297798 Pages: 14 of 14
04/28/2017 11:29 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
III NrarlItill'iliii'lliihillillii4 NI Aikh'irilltliLli, 1111
MEMORANDUM
TO: Clerk to the Board DATE: October 25, 2017
FROM: Tiffane Johnson — Public Works Dept.
SUBJECT: Acceptance of a Quit Claim Deed
RE: CR 47 Corridor Improvement Project (SRP-27)
Acceptance of Special Warranty Deed WELLS RANCH LLLP. A Colorado Limited liability
limited partnership
Docket #: 2017-1172
Contract ID#:LB44 // 77
e-:c-Ptd6r,//rf-)
�o17-11-7
SPECIAL WARRANTY DEED
THIS DEED made this c.,),& day of 004 , 20 17, between WELLS
RANCH, LLLP, a Colorado limited liability limited partnership, whose address is 32010
County Road 63, Gill, Colorado 80624 of the County of Weld, State of Colorado
("Grantor") and COUNTY OF WELD, a body corporate and politic of the State of
Colorado whose legal address is 1150 O Street, Greeley, Colorado 80631, of the County
of Weld, State of Colorado, ("Grantee"):
WITNESS, that the Grantor, for the sum of Eight Hundred and no/100 Dollars,
($800.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, for the purposes of Public Road Right -of -Way and Temporary
Construction Easement, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns
forever, all the real property together with improvements, if any, situate, lying and being
in the County of Weld and State of Colorado, described as follows:
SEE ATTACHED EXHIBIT "A".
Also known as: the ROW and easement acquired for the Weld County Road 47 Corridor
Improvement Project
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions, reminder and
remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances.
RESERVING unto Grantor the mineral estate under said property, including oil,
gas and any and all water rights currently attached to or associated with said property,
except as required to sustain the integrity of the surface estate granted herein.
TO HAVE AND TO HOLD the Property, together will all and singular the rights
and appurtenances thereof, to the same belonging or in any way appertaining, for the use
and benefit of Grantee in fee simple. This deed is made expressly subject to taxes for the
current year, easements, restrictions, covenants, conditions, reservations, and rights -of -way
of record, if any.
Subject only to the title matters set forth above, Grantor will WARRANT AND
FOREVER DEFEND the right and title to the Property to Grantee against the claims of all
persons claiming by, through, or under Grantor, and not otherwise.
4351343 Pages: 1 of 5
11/09/2017 02:07 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes; Clerk and Recorder, Weld County, CO
viii �� �ii�, 1111
IN WITNESS THEREOF Grantor has executed this deed on the date set forth
above.
ELLS RAN , LLLP
Genera
Steven Wells, Partner
State of Colorado )
)ss.
County of 64.,e -J )
The foregoing instrument was acknowledged before me this day of
, 2017 , by Steven T. Wells, as General Partner of Wells Ranch, LLLP.
Witness my hand and official seal.
My commission expires:
4351343 Pages: 2 of 5
CarlOy9Kopp s,OCleO k and Recorder Weld 0
County, CO
VIt►ntir �'I l4 ' littibill3M1 4 ill, II III
SANDRA BURKACKI
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20164017409
MY COMMISSION EXP
IRES ES MAY 5, 2020
Notary Public
EXHIBIT -A
S2-T5N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND. LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 2, TOWNSHIP 5
NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF LOT -A OF RECORDED EXEMPTION NO.
0961-2-1-RECX14-0027 FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER
RECEPTION NO. 4029739 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 65 WEST
DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF THE NORTHEAST
ONE -QUARTER OF SAID SECTION 2 AS BEARING SOUTH 0029'41" WEST A DISTANCE OF 2523.44
FEET TO THE EAST ONE -QUARTER CORNER OF SAID SECTION 2. TOWNSHIP 5 NORTH, RANGE 65
WEST ALSO DESCRIBED AS SHOWN;
THENCE ALONG THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 2 SOUTH
00'29'41" WEST A DISTANCE OF 32.11 FEET;
THENCE DEPARTING SAID LINE NORTH 89'30'19" WEST A DISTANCE OF 110.00 FEET TO A POINT
THAT INTERSECTS THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 62 AND
EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 47 AND BEING THE TRUE POINT
OF BEGINNING,
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00'29'41" WEST A DISTANCE OF 8.00
FEET;
THENCE DEPARTING SAID UNE NORTH 45'03'13" WEST A DISTANCE OF 11.20 FEET TO A POINT ON
THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 62;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89'23'52" EAST A DISTANCE OF 8.00
FEET TO THE TRUE POINT OF BEGINNING,
SAID PARCEL CONTAINS 31.97 sf. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES. SURVEYOR IN AND FOR WELD
COUNTY. COLORADO.
DANIEL R. HOLMES
PLS 38213
RIGHT-OF-WAY
ACQUISITION
WELLS RANCH LLLP
RW-1
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO: SRP-27
SCALE:
DATE: 1-30-17
DRAWN BY: JHB (SHEET: 1 of 2
4351343 Pages: 3 of 5
11/09/2017 02:07 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
ti FM FIIMI Hi �Si i �I II
EXHIBIT -A
S2-T5N-R65W
-NW CORNER
S2-T5N-R65W
2 i" A.C. STAMPED
LS#24670
IN MON. BOX
IMMO
EXISTING 60' ROW
RD.BK.1/PG.203
JUL. 28, 1873--,
LINE TABLE
LINE
BEARING
DISTANCE
L1
SO0'29'41 "W
32.11'
L2
500'29'41"W
8.00'
L3
N45'03'13"W
11.20'
L4
N89'23'52'E
8.00'
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.
DAIRY FARMERS OF AMERICA
LOT 1 UNION COLONY
INDUSTRIAL PARK
0.0
WCR 62
589'23'52"W 5291.61'
NE 1/4
S2-T5N-R65W
OUTLOT 1
R.
RW-1 N.
"'
ADDITIONAL ROW
31.97 sf.±
SEE DETAIL
RW-1
T.P.O.B.
WCR 62 RW-1
L4 AL
N89'30'19"
RW-1-'
ADDITIONAL ROW
31.97 sf.±
SEE DETAIL
110.00'
DETAIL
-NTS-
WELLS RANCH LLLP
PARC.#096102100007
RECP.#2099888
LOT A RECX14-0027
RECP.#4029739
WELLS RANCH LLLP
EXISTING ROW
BK.1154/PG.241
5-9-1945
RD.BK.2/PG.192
JAN. 23, 1878
AND
RECP.#3962794
9-11-2013
E 1/4 CORNER
S2-T5N-R65W
2 1/2" A.C. STAMPED
LS#24307 (2012)
P.O.C.
NE CORNER
S2-T5N-R65W
3 4" A.C. STAMPED
LS#38213 (2016)
IN MON. BOX
N89'30'19"'
110.00
n
U
•
EXISTING ROW
RIGHT-OF-WAY
ACQUISITION
WELLS RANCH LLLP
RW-1
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 47 CORRIDOR PROJECT
PROJECT NO: SRP-27
SCALE: 1"=100
DATE: 1-30-17
DRAWN BY: il-IB
SHEET: 2 of 2
4351343 Pages: 4 of 5
11/09/2017 02:07 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
fill INII��E�L'�PI,I'�Ihi�,a��IY�h'r ��li i'�h71JIhr�I�Y�rh e1111
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights -of -Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this (�/ day of
ATTEST:
CLERK TO THE BOARD
r
, 2017.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
,`�'4'`'��� -�� '1�'�
",, . te n
Dep r to the Board �: . ie A. Cozad, Chair
STATE OF COLORADO )
)ss
COUNTY OF WELD )
S
The foregoing instrument was acknowledged before me this 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: /02//q10.1-0/1
4351343 Pages: 5 of 5
11/09/2017 02:07 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Li II III
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 201440.48044
MY COMMISSION EXPIRES D€0 19, 2018
ammmiliNe
020/7 /l7pa,
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