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Home My WebLink About20160213.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49, BETWEEN 1-76 AND CR 38, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JACOB AND CASSANDRA MILDENBERGER 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 was presented with an Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49, between 1-76 and County Road 38, 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 Jacob and Cassandra Mildenberger, 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 Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49, between 1-76 and County Road 38, 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 Jacob and Cassandra Mildenberger, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2016-0213 LC:?(A)fW ,2/` EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49-JACOB AND CASSANDRA MILDENBERGER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST •X1+tO4 Mike Freeman, Chair Weld County Clerk to the Board Sean P. Con .y, Pro • BY: Duty Clerk to he Bo.r��.' I LA, ie A. Cozad APP; e v, D j/�e �a RM: bar Kirkmeyer, County Attorney /16.. �J_ Steve Moreno Date of signature: 5 2016-0213 EG0073 1861 MEMORANDUM ....r=-- • TO: Clerk to the Board DATE: 1/12/2016 �� O u N T Y FROM: Tiffane Johnson RECEIVED Public Works Department SUBJECT: Agenda Item JAN 13 2016 WELD COUNTY COMMISSIONERS Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to WCR 49 between I-76 and WCR 38 with Jacob and Cassandra Mildenberger. M:\Francie\AGENDA memos\Agenda-Leon-3.doc 2016-0213 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN I-76AND WCR 38,WELD COUNTY, COLORADO THIS AGREEMENT is made.this 2 3 'day of Z .e mbe , 2015, by and between Jacob Mildenberger and C-WMVatildenberger address is 15725 Weld County Road 49, La Salle, CO 80645 hereinafter collectively referred to as "Owners," 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 a parcel of 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 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, County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owners wish to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owners agree to sell at closing and County agrees to purchase the Public Road Right-of-Way 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 Eight Thousand Two Hundred Forty and 00/100 Dollars, ($8,240.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owners agree to convey a Temporary Easement described on Exhibit "B", for which this Agreement serves, for the sum of Seven Hundred Eight and 00/100 Dollars, ($708.00). 4174815 Pages: 1 of 9 / 41c1-/L5 01/22/2016 03:39 PM R Fee:$0.00 (O Carly Koppes, Clerk and Recorder, Weld County; CO ti��yNI4 kJ, Ill III 3. If this agreement is executed and returned to our office on or before January 18, 2016 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 5. Owners warrant that they are the Owners of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 6. Owners agree to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 7. Owners agree to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 8. The Temporary Construction Easement shall commence on the day of closing and shall expire and shall be of no further force or effect on January 1, 2019 or upon completion of the Project, whichever is earlier. 9. Owners shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "B" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 10. Owners shall retain the mineral estate under the Public Road Right-of-Way, the Permanent Easement and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right- of-Way and Temporary Construction Easement. 11. Owners 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. 12. Owners 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 Owners deliver the Warranty Deed to County. Owners are 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. 4174815 Pages: 2 of 9 Page 2 of 5 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III I��RIh"�Clr�'L 'L 'fJ'�i��''NIIIIIZIONAlyi, ■I III 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 Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall pay Eleven Thousand Six Hundred Thirty-two and 00/100 Dollars ($11,632.00) to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before January 18, 2016. If the agreement is not signed and returned on or before January 18, 2016, the County shall maintain its current offer of Fair Market Value of Eight Thousand Nine Hundred Forty-eight and 00/100 Dollars ($8,948.00) for the Public Road Right- of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. ,(5, Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement. At the conclusion of construction, the County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. -th L O n W11\ p►r'uper me n}ciin +hz rvc..n r\ f 4‹,r,c� . w MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the 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, 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. 4174815 Pages: 3 of 9 01/22/2016 03:39 PM R Fee:$0.00 $0.00 Page 3 of 5 Carly Koppes, Clerk and Recorder, Weld County, COI W�'h III III 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. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Jacob Milde erger Date 1 Wir � �� r )2- 0 - 15 c andra Mildenberger , Date SSC.n d rc,\ 4174815 Pages: 4 of 9 Page 4 of 5 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO mill W1VI:rkiVI 14uMI bti 11 P Nti i' .1d BIM ATTEST: '(1 BOARD OF COUNTY COMMISSIONERS Weld C t Clerk to the Board WELD COUNTY, COLORADO BY: tc-X Deputy Cle to the Boar Mike Freeman, Chair JAN 1 8 2018 APPROVED AS TO F. ►�! IS La``� APPROVED AS TO SUBSTANCE: Controller Elec cial or e rtment Head APPROVED AS TO FO• .► — Kl A - on Director of General Services County Attorney Page 5 of 5 4174815 Pages: 5 of 9 01!22/2016 03:39 PM R Feder, We0 /4' , Carly Koppes, Clerk and Recorder, Weld County, CO EXHIBIT-A S13-T3N-R65W RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-19 OF MILTON LAKE ESTATES FIRST FILING FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1550903 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 13 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 13 BEARS NORTH 0024'19" WEST, A DISTANCE OF 2649.64 FEET AND DESCRIBED AS SHOWN; THENCE NORTH 0024'19" WEST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 683.50 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'35'41" WEST TO A POINT THAT INTERSECTS THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 (WCR 49) AND THE SOUTH LINE OF SAID LOT-19 A DISTANCE OF 50.00 FEET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING SOUTH 89'35'41" WEST ALONG SAID SOUTH LINE A DISTANCE OF 70.40 FEET TO A POINT OF CURVE TO THE RIGHT SAID CURVE BEING NON-TANGENT TO AFORESAID LINE; THENCE 550.77 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,790.00 FEET, CENTRAL ANGLE IS 01'59'55" AND WHOSE CHORD BEARS NORTH 01'24'16" WEST A DISTANCE OF 550.74 FEET; THENCE NORTH 0024'19" WEST TO A POINT ON THE NORTH LINE OF SAID LOT-19 A DISTANCE OF 91.34 FEET; THENCE NORTH 89'35'41" EAST ALONG SAID NORTH LINE TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 80.00 FEET; THENCE SOUTH 00'24'19" EAST ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE OF WCR 49 A DISTANCE OF 642.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 49,597.21 sf.± OR 1.14 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 ' i WELD COUNTY DEPARTMENT $61 OF PUBLIC WORKS ACQUISITION RW-40A T WCR 49 CORRIDOR PROJECT l \ BETWEEN WCR(s)32&34 M[LDENBERGER PROJECT NO: SRP-26 SCALE: I"=100' WELD COUNTY,COLORADO . G C] U N T�Y 4174815 Pages: 6 of 9 ---mler DATE: 9-28-15 DRAWN BY: JHB SHEET: 1 of 2 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ill kir1tJK'rliviVKIi :4J+i i itiiiiIVIZiki hti i Y4rh 111 III (:. EXHIBIT-A S13-T3N-R65W - NE CORNER S13-T3N-R65W MILDENBERGER 3 Y4" A.C. STAMPED LOT-18 1 I LS#10855 1998 I I IN MON. BOX N89'35'41"E R. 80.00' 4 S — M (cc); S5 Na, I c(9-. (— I o I �Im 1 Z L� rn O d-.(n 1,,.32- U) o NW 1/4 S18-T3N-R64W ADDITIONAL RIGHT—OF—WAY ACQUIRED I z 49,597.21 sf.t OR 1.14 ac.± • 1 uJ I I 7: I I o - JACOB & CASSANDRA of 0 I 1 MILDENBERGER N FRONT RANGE PARC.#121313101002 121313101002 FEED LOTS LLC RECP.#4126212 I °7 I I LOT 19 L=550.77' MILTON LAKE ESTATES SN R=15,790.00' o l • I I EXISTING 50' 1st. FIL. RECP.#1550903 A=.01.59'55' (/) RIGHT-OF-WAY C=550.74' MILTON LAKE EST. CB=N01'24'16"W FIRST FIL. RECP.#1550903 1 • I 1I NE 1/4 I C EXISTING 30' S13-T3N-R65W RIGHT-OF-WAY • BK.658/PG.9 I 1918 1S89'35'41"W I 50.00'I P.0.9. i 70.40' SI$9'35'41"W I I P.O.C. o E 1/4 COR NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT I `� I S13-T3N-R65W A MONUMENTED LAND SURVEY OR LAND SURVEY DILLER ro 000 3 Y4" A.C. STAMPED PLAT. IT IS INTENDED TO ILLUSTRATE THE LOT-20 C° • ILLEGIBLE 199X ATTACHED PROPERTY DESCRIPTION ONLY. i IN MON. BOX WELD COUNTY DEPARTMENT RIGHT OF WAY ' `:1861: OF PUBLIC WORKS ACQUISITION �W_4-0)). WCR 49 CORRIDOR PROJECT AT `�\ PROJECT BETWEEN WCR(s)32&34 MILDENBERGER _ N Ty NO: SRP-26 SCALE: I"=100' WFT.n C(1TTNTV COT.ORADO 1 C� O U--r 4174815 Pages: 7 of 9 I DATE: 9-28-15 DRAWN BY: JHB SHEET: 2 of 2 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co 11111F1M IC K.i iNirgiIS,K*PIE VII W M. 11111 • EXHIBIT-B S13-T3N-R65W TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-19 OF MILTON LAKE ESTATES FIRST FILING FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1550903 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 13 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 13 BEARS NORTH 00'24'19" WEST, A DISTANCE OF 2649.64 FEET AND DESCRIBED AS SHOWN; THENCE NORTH 00'24'19" WEST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 683.50 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'35'41" WEST TO A POINT THAT INTERSECTS THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 (WCR 49) AND THE SOUTH LINE OF SAID LOT-19 A DISTANCE OF 50.00 FEET; THENCE CONTINUING SOUTH 89'35'41" WEST ALONG SAID SOUTH LINE A DISTANCE OF 70.40 FEET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING SOUTH 89'35'41" WEST ALONG SAID SOUTH LINE A DISTANCE OF 20.01 FEET TO A POINT OF CURVE TO THE RIGHT SAID CURVE BEING NON-TANGENT TO AFORESAID LINE; THENCE 550.77 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,810.00 FEET, CENTRAL ANGLE IS 01'59'46" AND WHOSE CHORD BEARS NORTH 01'24'11" WEST A DISTANCE OF 550.74 FEET; THENCE NORTH 0024'19" WEST TO A POINT ON THE NORTH LINE OF SAID LOT-19 A DISTANCE OF 91.34 FEET; THENCE NORTH 89'35'41" EAST ALONG SAID NORTH LINE A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'24'19" EAST A DISTANCE OF 91.34 FEET TO A POINT OF CURVE TO THE LEFT; THENCE 550.77 FEET ALONG THE ARC OF SAID CURVE TO A POINT ON SAID SOUTH LINE OF LOT-19, WHOSE RADIUS IS 15,790.00 FEET, CENTRAL ANGLE IS 01'59'55" AND WHOSE CHORD BEARS SOUTH 01'24'16" EAST A DISTANCE OF 550.74 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 12,841.57 sf.± OR 0.29 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 WELD COUNTY DEPARTMENT TEMPORARY EASEMENT • -186 : OF PUBLIC WORKS ACQUISITION CE-40� WCR 49 CORRIDOR PROJECT �... BETWEEN WCR(s)32&34 MILDENBERGER .1 ,�/ -_ PROJECT NO: SRP-26 SCALE: l".100' WELD COUNTY,COLORADO I V _'G O U y--� _ 4174815 Pages: 8 of 9 I DATE: 9-28-15 DRAWN BY: JHB SHEET: 1 oft 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III kir.trlltiMICW!I YIP ROW*W* EXHIBIT-B S13-T3N-R65W NE CORNER MILDENBERGER S13-T3N-R65W I I 3 Y4" A.C. STAMPED LOT-18 LS#10855 1998 I I IN MON. BOX L4! ►� s I 'IZ NE 1/4 J * J ' ("1 < S13-T3N-R65W �; N w • ono TEMPORARY EASEMENT ►.r CO m NW 1/4 12,841.57 sf.± OR 0.29 ac.± ' Z ' S18-T3N-R64W JACOB & CASSANDRA I I MILDENBERGER ►� PARC.#121313101002 d' RECP.#4126212 I CC i LOT-19 MILTON LAKE ESTATES I V I 1st. FIL. RECP.#1550903 FRONT RANGE f FEED LOTS LLC J LINE TABLE � O LINE BEARING DISTANCE 1 � E I • I I EXISTING 50' L1 S89'35'41"W 70.40' ¢ RIGHT-OF-WAY L2 S89'35'41"W 20.01' � MILTON LAKE EST. L3 NO0'24'19"W 91.34' � FIRST Fl L. L4 N89'35'41"E 20.00' � I RECP.#1550903 L5 SO0'24'19"E 91.34' I 1 I I CURVE TABLE � I . EXISTING 30' C# LEN RADIUS DELTA CHD CHD BRG . I� RIGHT-OF-WAY C1 550.77'15810.00' 01'59'46" 550.74' N01'24'11'W '� BK.658/PG.9 8 191C2 550.77'15790.00' 01'59'55" 550.74' S01'24'16"E IS89°35'41"WI ♦� I i I 50.00'I P.O.B.I . L2 LI �I� I P.O.C. E 1/4 COR NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT M A MONUMENTED LAND SURVEY OR LAND SURVEY DILLER i I I S13-T3N-R65W PLAT. IT IS INTENDED TO ILLUSTRATE THE LOT-20 co 3 Y4" A.C. STAMPED ATTACHED PROPERTY DESCRIPTION ONLY. I ILLEGIBLE 199X IN MON. BOX TEMPORARY EASEMENT WELD COUNTY DEPARTMENT 861 f' OF PUBLIC WORKS ACQUISITION QE-40A � I WCR 49 CORRIDOR PROJECT -� BETWEEN WCR(s)32&34 MILDENBERGER '� PROJECT NO: SRP-26 SCALE: I"=100' WELD COUNTY,COLORADO I ,_G D V N-r I 4174815 Pages: 9 of 9 I DATE: 9-28-15 DRAWN BY: JIM SHEET: 2of2 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO I IIII KIt��'t I � IK*EMI,II,I'IVATIVIINAI 1I III 1861 MEMORANDUM ip $, , LT7, P ) TO: Clerk to the Board DATE: 2/17/2016 GOUNTY FROM: Tiffane Johnson RECEIVED Public Works Department FEB 17 2013 SUBJECT: Consent Agenda Item WE LD CO UNTY COMMISSIONERC RE: Doc#2016-0213 Warranty Deed with Jacob Paul and Cassandra Lynn Mildenberger for the WCR 49 improvement project. M:\Francie\AGENDA memos\Agenda-WarrantyDeed.doc Law)* uir -) ��_- a as ao)(v 3131 a ot� EC �3 I WARRANTY DEED �,THIS DEED made this Ana day of L i�W , 20/(�, between Jacob Paul Mildenberger and Cassandra Lynn Mildenberger, whose address is 15725 Weld County Road 49, LaSalle, CO 80645, 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: 15725 Weld County Road 49, LaSalle, CO 80645. 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, 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. 4183072 Pages: 1 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1144'1hIIli NAM III IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. //1e/Paul Mild erger 14P fi, "/ Cassandra Lynn Mildenbe ger State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this 1 (,'day of q 20(-6 , by Jacob Paul Mildenberger and Cassandra Lynn Mildenberger. Witness my hand and official seal. JAMES R.FLESHER NOTARY PUBLIC STATE OF COLORADO O s, NOTARY ID 20154039602 MY COMMISSION EXPIRES OCTOBER 7,2019 otary Public My commission expires: October 7, 2019 4183072 Pages: 2 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 KINn ikilitiliAll ilk V illigliNPVidinliiii 11111 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). 194 Dated this pf o day ofT_las� , 2016. ATTEST: BOARD BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY: eputy Cle Jo the Bo. 4 % :, � �1 Mike Freeman, Chair it F FEB 222016 STATE OF COLORADO )ss COUNTY OF WELD ) he foregoing instrument was acknowledged before me this Cam` I--1 ' day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIONE OF THE COUNTY OF WELD. Witness my hand and official seal. Notary P is My commission expires: /02,//.1A,1-0/e, CNIRYL LYNN HOFFMAN NOTARY PUBLIC MTATN OP COLORADO NOTARY ID MY COMMISSION EXPIRES DEC. 11g 2018 4183072 Pages: 3 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III!�l�.rN�?i��Il CI�4 �1 rN�rti� '�I h II III AD/6-40 '3 i EXHIBIT-A S13-T3N-R65W RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-19 OF MILTON LAKE ESTATES FIRST FILING FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1550903 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 13 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 13 BEARS NORTH 0024'19" WEST, A DISTANCE OF 2649.64 FEET AND DESCRIBED AS SHOWN; THENCE NORTH 00'24'19" WEST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 683.50 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'35'41" WEST TO A POINT THAT INTERSECTS THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 (WCR 49) AND THE SOUTH LINE OF SAID LOT-19 A DISTANCE OF 50.00 FEET AND BEING THE POINT OF BEGINNING. THENCE CONTINUING SOUTH 89'35'41" WEST ALONG SAID SOUTH LINE A DISTANCE OF 70.40 FEET TO A POINT OF CURVE TO THE RIGHT SAID CURVE BEING NON-TANGENT TO AFORESAID LINE; THENCE 550.77 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 15,790.00 FEET, CENTRAL ANGLE IS 01'59'55" AND WHOSE CHORD BEARS NORTH 01'24'16" WEST A DISTANCE OF 550.74 FEET; THENCE NORTH 00'24'19" WEST TO A POINT ON THE NORTH LINE OF SAID LOT-19 A DISTANCE OF 91.34 FEET; THENCE NORTH 89'35'41" EAST ALONG SAID NORTH LINE TO A POINT ON SAID EXISTING WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 80.00 FEET; THENCE SOUTH 00'24'19" EAST ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE OF WCR 49 A DISTANCE OF 642.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 49,597.21 sf.± OR 1.14 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 WELD COUNTY DEPARTMENT RIGHT OF WAY OF PUBLIC WORKS ACQUISITION t,�RW_40A,) WCR 49 CORRIDOR PROJECT ' BETWEEN WCR(s)32&34 MILDENBERGER PROJECT NO: SRP-26 SCALE: I"=100' WELD COUNTY,COLORADO ..G O DATE: 9-28-15 DRAWN BY: JIB SHEET: 1 oft 4183072 Pages: 4 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •III MU NORIO' liOti yi Ill II / EXHIBIT-A S13-T3N-R65W - NE CORNER MILDENBERGER S13-T3N-R65W 3 Y4" A.C. STAMPED LOT-18 I I LS#10855 1998 I I IN MON. BOX N89'35'41"E R 4 8O.OO „,•,,, I (O,,, N a I g1 I SI O 1 �m Z O� O $V () OOI< z NW 1/4 518 T3N-Rb4W Li.. i ADDITIONAL RIGHT—OF—WAY ACQUIRED 49,597.21 sf.t OR 1.14 ac.± 1 I NI I CZ I JACOB & CASSANDRA os 0 I MILDENBERGER N FRONT RANGE PARC.#121313101002 121313101002 FEED LOTS LLC RECP.#4126212 r I LOT-19 L=550.77' +.* MILTON LAKE ESTATES R=15,79O.OO' o • 1 EXISTING 50' 1st. FIL. RECP.#1550903 p=01'59'55° O RIGHT-OF-WAY C=550.74' MILTON LAKE EST. CB=N01'24'16"W FIRST FIL. RECP.#1550903 iI I ( —EXISTING 30' NE 1/4 513 1':.3N Rb5W RIGHT—OF—WAY BK.658/PG.9 j 1918 1S89'35'41"W I 5I.00'I P.0.8, R 70,40` '-915`41"W I P.O.C. NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT E 1/4 COR A MONUMENTED LAND SURVEY OR LAND SURVEY DILLER I ,,�1 1 S13-T-T3N-R65W PLAT. IT IS INTENDED TO ILLUSTRATE THE LOT-20 '°a • 3 Y4 A.C. STAMPED ILLEGIBLE 199X ATTACHED PROPERTY DESCRIPTION ONLY. IN MON. BOX RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION �� 61 ''� --' OF PUBLIC WORKS R W-40A ii, t R !>�� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 � �Y 1 ��,JII� �t MILDENBERGER � = -`' PROJECT NO: SRP-26 SCALE: I"=100' WELD COUNTY,COLORADO _G % U �`'1r- Y. V DATE: 9-28-15 DRAWN BY: JI IB SHEET: 2 of 2 4183072 Pages: 5 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIII kiiiklinidida I#ii'IlirAdikal''1C VII V iiiiiiiiii11111 Hello