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Home My WebLink About20160480.tiff RESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - BETTY WRIGHT-GOIN AND DAVID WRIGHT 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 Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Betty Wright-Goin and David Wright, 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 Certain Improvements to County Road 49 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Betty Wright-Goin and David Wright, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said all necessary documents. 2016-0480 EG0073 CC —AA)(EC./Ls1TJ)G2kaa RE: AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - BETTY WRIGHT-GO IN AND DAVID WRIGHT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:G/C � J ( Mike Freeman, Chair Weld County Clerk to the Board -- �-- ' Sean P. Conway, Pr -Tern BY: D ty Clerk to th Board .[A, E,� 1 arbara Ki kmey r APPR• _i A • neol 1861 ; �u ie A. ozad �':• t ttorney ,�/r7 011�N°i Steve Moreno Date of signature: 4( 2016-0480 EG0073 1861 MEMORANDUM / TO. Clerk to the Board DATE: 1/26/2016 jIA.,COUN T `( FROM: Leon Sievers/Tiffane Johnson Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Improvements to WCR 49 with Betty Wright-Goin and David Wright. RECEIVED JAN 2 7 2016 WELD COUNTY COMMISSIONERS M:\Francie AGENDA memos\Agenda-Leon-1.doc 2016-0480 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN BETTY WRIGHT-GOIN AND DAVID WRIGHT,AND WELD COUNTY,COLORADO THIS AGREEMENT is made this day of A 016, by and between the BETTY WRIGHT-GOIN and DAVID WRIGHT, hereinafter referred to collectively 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 a parcel of real property described in the attached Exhibit "C" (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 in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 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), and a Temporary Construction Easement (TCE) shown and/or described on Exhibit C (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Twelve Thousand Fifty-Eight Dollars, ($12,058.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner warrants that they are the Owner of the Public Road Rights-of-Way, Permanent Easement and the Temporary Construction Easement and will defend title thereto against all claims. 4178691 Pages: 1 of 10 01 /10 / 02/04/2016 01:26 PM R Fee:$0.00$0.00 D Fee:$0.00 $0.00 /it Carly Koppes, Clerk and Recorder, Weld County. CO W.' Yi'�� OHM M Page 2 of 4 3. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, in a form substantially similar to that attached hereto as Exhibit D, free and clear of all liens and encumbrances, except existing easements. 4. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 5. The Temporary Construction Easement shall commence on the day of closing and shall expire and be of no further force or effect on January 1, 2018, or upon the completion of the Corridor Improvement Project, whichever is earlier. 6. Owner 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 C 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. 7. Owner shall retain the mineral estate under the Public Road Right-of-Way 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. 8. 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. 9. 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. 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. 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. 4178691 Pages: 2 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co Page 3 of 4 3. County shall pay Twelve Thousand Fifty-Eight Dollars, ($12,058.00)to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit C to a level comparable to its original. 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. The Owner shall be responsible for the subsequent maintenance of said fence. 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. This Agreement shall not be valid until it has been approved by the Board of 2. County g pp 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. 4178691 Pages: 3 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee.$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III!!!�1!° ��'M�Y1h+��:tiF�FrM�C��411��L�'�,��u;Y4�� BI it l Page 4 of 4 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. first ab ove WITNESS WHEREOF,the parties have set their hands on the day and year abo e written. OWNER: BETTY WRIGHT-GOIN and DAVID WRIGHT (both must sign) L Signature X to _h9„,_, Date: /o� — oZ / D 15 Betty right-Goin �/ D Signature �,iji� � ate: / *-321` David Wright ATTEST: datteWii X11 •e, BOARD OF COUNTY COMMISSIONERS Weld C. my Clerk to the oard WELD COUNTY, COLORADO BY: �O ic deputy C1 k to the Bo Mike Freeman, Chair keZ FEB 0 1 2016 APPROVED AS TO F IN � R •``"'•� '�. -�.� •�PPROVED A UBSTANCE: �--:-7 tit t) Controller Controller �� r \ � = ! iciafor Department Head APPRO.") AS TO FORM: N IA E Director of General Services County Attorney 4178691 Pages: 4 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CO ■111 ;�E�' Yl�I�I II III ,2o/6�� - of"/C1 EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT B, RECORDED EXEMPTION NO. 1053-07-2-RE-2811, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2817516 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 7, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3122751 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT B, THENCE NOO°35'20"W, 824.81 FEET ALONG THE WEST LINE OF SAID LOT B TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 48; THENCE N88°44'12"E, 124.83 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 48; THENCE S43°24'14"W, 98.43 FEET; THENCE SOUTHERLY, 334.21 FEET ALONG THE ARC A CURVE CONCAVE TO THE WEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15,770.00 FEET, A CENTRAL ANGLE OF 01°12'51" AND BEING SUBTENDED BY A CHORD THAT BEARS S01°11'46"E, 334.20 FEET; THENCE SO0°35'20"E, 169.28 FEET; THENCE N89°24'40"E, 20.00 FEET; THENCE SOO°35'20"E, 251.03 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE S88°42'38"W, 80.00 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 56,257 SQUARE FEET (1.291 ACRES), MORE OR LESS. LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION (W-2 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Engineer°/surveyors (303) 442-4338 BETWEEN WCR(s)46&48 BETTY L. WRIGHT-GOIN v °MAD°a ("e) 0ee'' r5115 1173271°351173271°3267- ox 07°) 135° PROJECT NO. SRP-26 SCALE: N/A mst (a7o)esi-0646 WCR 49 cs WELD COUNTY,COLORADO DATE:10-24-14 DRAWN BY: TLT SHEET: 1 of 2 4178691 Pages: 5 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III I4!r1lL' i0,la:1.rd'r+t,IMJJ INKIrlir 1.4 Bill • EXHIBIT-A II I NW CORNER . ■ 57-T4N-R64W ■ ■ ■ N 1/4 CORNER S7-T4N-R64W II SECTION LINE wcR 48 I N88°44'12"E 124.83' N88°44'12"E 2399.27' • mm• . ■ ■ ■ . ■ - . . . -�� 4 . . �. . ■ . ■ . . frff�L � 60' ROW COUNTY MAINTAINED `s RD100/810 ° ° RD.BK.18/PG.492 , y� S432414W 98.43 ■ 4 C&R B-658/P-124 4-11-1925 F ' ■ APPROX. ROW LOCATION ■ BOLLINGER■ r L=334.21 R=15770.00' X01°12'51" ■ CH=S01°11'46"E NW 1/4 334.20' 57-T4N-R64W �? VARIABLE WIDTH RIGHT-OF-WAY OE) ` ACQUIRED, 56,257 SQ.FT.± OR 1.291 AC.± ■ -en N 0 03 BETTY L. WRIGHT-GOIN DUNN N. N ' d-CO N N LOT B, RECORDED EXEMPTION R °' NO. 1053-07-2-RE-2811 PO z �� C/1N89°24'40"E 20.00' PARCEL #1053-07-0-00-048 I O f Z l rf RECEPTION #3122751 ■ • ■ I I . f M 0 'y N EXISTING 40' ROW ff � w BK 1046/PG 13, I r o RECP#819293 6-7-1939 ■ �y fi in � V0) PROPERTY LINE AMEN N88°42'38"E 466.73' I I NOTE:THIS EXHIBIT MAP DOES S88°42 38 W 80.00' NOT REPRESENT A MONUMENTED I N I P.O.B. SW COR. LOT B LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO I ■ ILLUSTRATE THE ATTACHED ■ I ARCE & MEZA PROPERTY DESCRIPTION ONLY. ■ WELD COUNTY DEPARTMENT RIGHT-OF-WAY OF PUBLIC WORKS ACQUISITION RW-29 Drexel, Barrell & Co. 1800 98th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyore (303) 442-4398 BETWEEN WCR(s)46&48 BETTY L. WRIGHT-GOIN mm coirnao°MIMS (919) 9999 csMM MCI" (�)$v- PROJECT NO. SRP-26 SCALE: 1"=150' WCR 49 c�a (sro)ssz-0145 WELD COUNTY,COLORADO DATE: 10-24-14 DRAWN BY: TLT SHEET: 2 of 2 4178691 Pages: 6 of 10 02/04/2016 01:26 PM R Fee:$0.00 0 Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO a Kirin"Mailgki ill MICIVAII:iiiiiillik 4ilh Bill • EXHIBIT-C PROPERTY DESCRIPTION TEMPORARY EASEMENT A STRIP OF LAND 20.00 FEET IN WIDTH LOCATED IN LOT B, RECORDED EXEMPTION NO. 1053-07-2-RE-2811, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2817516 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 7, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3122751 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT B, THENCE NOO°35'20"W, 824.81 FEET ALONG THE WEST LINE OF SAID LOT B TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 48; THENCE N88°44'12"E, 124.83 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 48 TO THE TRUE POINT OF BEGINNING; THENCE S43°24'14"W, 98.43 FEET; THENCE SOUTHERLY, 334.21 FEET ALONG THE ARC A CURVE CONCAVE TO THE WEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15,770.00 FEET, A CENTRAL ANGLE OF 01°12'51" AND BEING SUBTENDED BY A CHORD THAT BEARS SO1°11'46"E, 334.20 FEET; THENCE SOO°35'20"E, 169.28 FEET; THENCE N89°24'40"E, 20.00 FEET; THENCE SOO°35'20"E, 251.03 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE N88°42'38"E, 20.00 FEET ALONG THE SOUTH LINE OF SAID LOT B; THENCE NOO°35'20"W, 270.78 FEET; THENCE S89°24'40"W, 20.00 FEET; THENCE NOO°35'20"W, 149.28 FEET TO A POINT OF CURVE TO THE LEFT; THENCE NORTHERLY, 326.30 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS OF 15,790.00 FEET, A CENTRAL ANGLE OF 01°11'03" AND BEING SUBTENDED BY A CHORD THAT BEARS N01°10'52"W, 326.30 FEET; THENCE N43°24'14"E, 109.87 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 48; THENCE S88°44'12"W, 28.12 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 48 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 17,492 SQUARE FEET (0.402 ACRES), MORE OR LESS. LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE 29 Drexel Barrell & Co. OF PUBLIC WORKS 1800 98th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Engineer!/Surveyor! (303) 442-4338 BETWEEN WCR(s)46&48 BETTY L. WRIGHT-GOIN COIGRAno SMOGS (7191 Zee—oarr = GRAND JUNCTION PROJECT NO. SRP-26 SCALE: N/A GEZZLRY (970)961-0646 WCR 49 WELD COUNTY,COLORADO DATE:10-24-14 DRAWN BY: TLT ISHEET: 1 of 2 4178691 Pages: 7 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ��kilitilliMPINI*�� 010.111i�kti1�NJ'i��,'14Y4�� 11111 EXHIBIT-C I1 I NW CORNER ■ S7-T4N-R64W ■ 4 CORNER N88°44'12"E 124.83' 57-T-T4N-R64W ■ -S43°24'14'W 98.43' SECTION LINE T.P.O.B. ° „ WCR 4 S88°44'12"W 28.12' N88 4412E 2399.27 - - mom - - • - - - - . . . , . . . swag 48 . . ... . . . IIIM NO = MI7 = M MI OMMEMM M M MIME= M M 60' ROW COUNTY MAINTAINED N43°24'14"E 109.87' RD RD.BK.18/PG.492 BK.18/PG.492 ■ C&R B-658/P-124 4-11-1925 ■ L=326.30' APPROX. ROW LOCATION BOLLINGER ■ R=15790.00' A=01°11'03" I I CH=N01°10'52"W off 326.30' ■ I ■ 20' TEMPORARY EASEMENT ACQUIRED NW 1/4 S7-T4N-R64W R64W L=334.21' I ■ 17,492 SQ.FT.± OR 0.402 AC.± R=15770.00' I A=01°12'51" CH=S01°11'46"E ■ c1 334.20' I o c%1 Ill ri r BETTY L. WRIGHT-GOIN IN. c,1w � .3 • DUNN ■ o N N N LOT B, RECORDED EXEMPTION ° o b ° 20.00' NO. 1053-07-2-RE-2811 ■ M z� 0 S89 24 40 W PARCEL #1053-07-0-00-048 ° IO I �r Z RECEPTION #3122751 ■ I . ■ I in N89°24'40"E I .-1 o_ o ^ 20.00' n O � EXISTING 40' ROW 3 BK 1046/PG 13, La• o o RECP#819293 N 6-7-1939 ■■ ■ `in In M � M oir.:v3°O AMEN Z PROPERTY LINE I N88 42 38 E 466.73' rr `y I NOTE: THIS EXHIBIT MAP DOES N I N88°42'38"E 20.00' NOT REPRESENT A MONUMENTED P.O.C. SW COR. LOT B LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO I ■ I ARCS & MEZA ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. • TEMPORARY EASEMENT WELD COUNTY DEPARTMENT ACQUISITION TE-29 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyors (303) 442-4938 BETWEEN WCR(s)46&48 BETTY L. WRIGHT-GOIN MIDR�JU (n°) °°ev GRAND MCIION no)$v- PROJECT N0. SRP-26 SCALE: 1"= 150' WCR 49 —a ' c-orr (rro)ssi-0843 WELD COUNTY,COLORADO DATE:10-24-14 DRAWN BY: TLT SHEET: 2 of 2 4178691 Pages: 8 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder Weld County, CO III radiniligilitgliiiiirnleVilleilliiil iiiiiiii,iiii Ill 111 EXHIBIT D • WARRANTY DEED THIS DEED made this day of , 2015, between BETTY WRIGHT-GOIN, 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 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 Grantors 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. 4178691 Pages: 9 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 111 FrAn'gl'iiiiiiitikkiiiiiELNlini. �4�� 1"HHi IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. OWNER: BETTY WRIGHT-GOIN Signature Date: Betty Wright-Goin State of ) )ss. County of ) The foregoing instrument was acknowledged before me this day of 20 , by the Betty Wright-Goin, Grantor. Witness my hand and official seal. Notary Public My commission expires: 4178691 Pages: 10 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County, CO 1111 lM4.k'r'.1401' INVIR APOIV.Y 1,11,1O11111 16 MEMORANDUM ] L �e�`i� TO: Clerk to the Board DATE: 2/25/2016 CoUN-TY 1 FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc#2016-0480 Warranty Deed with Betty L. Wright-Goin for improvements to WCR 49 between WCRs 46&48. RECEIVED FEB 2 6 2013 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-WarrantyDeed.doc 'qe)6'5/1. /i & �3-02- /1 ( .2O119- O4 VQ �_a, �� _3l9/ani41 WARRANTY DEED THIS DEED made this 25th day of February , 20 16, between BETTY L. WRIGHT-GOIN, 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 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 Grantors 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. 4185743 Pages: 1 of 5 03/04/2016 11:32 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII kirj!Ifr lt Irt i#Xh.M llh'iriNiAl ilirh'rkil'ik4 UI II I o20/4, • IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. OWNER: BETTY L. WRIGHT-GOIN Signature --2 (,(J` ate: February 25, 2016 Betty . Wright-Goin State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this 25th day of February , 20 16, by the Betty L. Wright-Goin, Grantor. Witness my hand and official seal. No ry Public My commission expires: June 15, 2019 MARY K. LIEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19914006793 MY COMMISSION EXPIRES JUNE 15, 2019 4185743 Pages: 2 of 5 03/04/2016 11:32 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO :VA II III 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). '`� da Dated this p2, 0 Y of 216. ATTEST: ' COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF STATE OF COLORADO THE COUNTY OF WELD fa Lb • BY: �� , �.� .. 4��.�,. - BY: De. ," Clerk to he Bo. '� � " Mike Freeman, Chair BOARD OF COUNTY MAR 0 2 2016 COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this pV day of , 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. Notary Pu is My commission expires: ,621!922_0m CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES uEC. 19, 2018 4103 574304/20 Pages: 3 ofee $ $ !p b��03/04/2016 11:32 AM R Fee: 0.00 D Fee: 0.00 OZ,0/ - Carly Koppes, Clerk and Recorder, Weld County, CO ��MIAMI AMAMI:IV&k�!lid 11111 EXHIBIT-A PROPERTY DESCRIPTION RIGHT-OF-WAY ALL THAT PORTION OF LOT B, RECORDED EXEMPTION NO. 1053-07-2-RE-2811, A RECORDED EXEMPTION RECORDED UNDER RECEPTION NO. 2817516 OF THE RECORDS OF WELD COUNTY, COLORADO, LOCATED IN THE NW1/4 OF SECTION 7, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 3122751 OF THE RECORDS OF WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT B, THENCE NOO°35'20"W, 824.81 FEET ALONG THE WEST LINE OF SAID LOT B TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 48; THENCE N88°44'12"E, 124.83 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 48; THENCE S43°24'14"W, 98.43 FEET; THENCE SOUTHERLY, 334.21 FEET ALONG THE ARC A CURVE CONCAVE TO THE WEST TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 15,770.00 FEET, A CENTRAL ANGLE OF 01°12'51" AND BEING SUBTENDED BY A CHORD THAT BEARS S01°11'46"E, 334.20 FEET; THENCE SOO°35'20"E, 169.28 FEET; THENCE N89°24'40"E, 20.00 FEET; THENCE SOO°35'20"E, 251.03 FEET TO THE SOUTH LINE OF SAID LOT B; THENCE S88°42'38"W, 80.00 FEET ALONG THE SOUTH LINE OF SAID LOT B TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 56,257 SQUARE FEET (1.291 ACRES), MORE OR LESS. LEGAL DESCRIPTION PREPARED BY: WILLIAM K. WRIGHT, PLS 23529 DREXEL, BARRELL & CO. 1800 38TH STREET BOULDER, CO 80301 303-442-4338 4185743 Pages: 4 of 5 03/04/2016 11:32 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co III III RIGHT-OF-WAY WELD COUNTY DEPARTMENT ACQUISITION RW-29 Drexel, Barrell & Co. OF PUBLIC WORKS 1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Engineer./surveyor. (303) 442-4338 BETWEEN WCR(s)46&48 BETTY L. WRIGHT-GOIN ° C°L°a'°°WRINGS (�°1 20°-°°°'' " � :RAND JUNCTION rat) PROJECT NO. SRP-26 SCALE: N/A WCR 49 �! (q• s.i WELD COUNTY,COLORADO DATE:10-24-14 DRAWN BY: TLT SHEET: 1 of 2 EXHIBIT-A II NW CORNER g u S7-T4N-R64W ■I ■ I N 1/4 CORNER S7-T4N-R64W ■ SECTION LINE WCR 48 I N88°44'12"E 124.83' N88°44'12"E 2399.27' • MI III MI IN Milli••• III • NIIIMI•• MI 9111191.0•1 MI IIII MINIMMII IN MI • . . �. . . . . ..•� • 60' ROW COUNTY MAINTAINED RD100/810 E � S43°24'14"W 98.43' RD.BK.18/PG.492 C&R B-658/P-124 4-11-1925 ■ APPROX. ROW LOCATION I BOLLINGER i i L=334.21' I R=15770.00' E A=01°12'51" p ■ CH=S01°11'46"E NW 1/4 ■ 334.20' S7-T4N-R64W I WDT RIGHT-OF-WAY . ACQVARIABLEUIRED, 5I6,2H57 SQ.FT.± OR 1.291 AC.± o o vi 3 = w BETTY L. WRIGHT-COIN "' LOT B, RECORDED EXEMPTION a DUNK 3■ N Nm ' o o NO. 1053-07-2-RE-2811 ..- ■ NTr) O � Z " N N89°24'40"E 20.00' PARCEL #1053-07-0-00-048 LL c!5 RECEPTION #3122751 in:o� • ■ m3 ■ �..m1 In owL- I s EXISTING 40' ROW m J w BK 1046/PG 13, r � ' b RECP#819293 y E c N 6-7-1939 a al ■ in IOM, L ON‘ 0itt* U) PROPERTY LINE �" AMEN N88 42 38 E 466.73' co 0414 NOTE: THIS EXHIBIT MAP DOES Mm ELM S88°42'38"W 80.00' NOT REPRESENT A MONUMENTED nrN$�� LAND SURVEY OR LAND SURVEY , '„Ng P.O.B. SW COR. LOT B PLAT. IT IS INTENDED TO 00 i- ILLUSTRATE THE ATTACHED Cr m I;iii I ; ARCE & MEZA PROPERTY DESCRIPTION ONLY. ■ WELD COUNTY DEPARTMENT RIGHT-OF-WAY OF PUBLIC WORKS ACQUISITION N--29 Drexel, Barrell & Co. 1800 98th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT Engineers/Surveyor. (303) 442-4338 BETWEEN WCR(s)46&48 BETTY L. WRIGHT-GOIN CMCMA°° °l 0867 AN GRIND',um x nO)267-�° PROJECT NO. SRP-26 SCALE: 1"=150' WCR 49 G XT rro)su-0646 WELD COUNTY,COLORADO DATE: 10-24-14 DRAWN BY: TLT SHEET: 2 of 2 Hello