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Home My WebLink About20160902.tiff RESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - FLORENCE NOPENS 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 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 Florence Nopens, 14601 County Road 49, LaSalle, Colorado 80645, commencing upon full execution of signatures, and ending, January 1, 2019, with further 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 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 Florence Nopens be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. Ce'�,t) (-rx/ )e 2016-0902 4 /,2-O EG0073 AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMTS TO COUNTY ROAD 49 - FLORENCE NOPENS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 2016. BOARD OF COUNTY COMMISSIONERS � WELD COUNTY, COLORADO �2 �ATTEST: , ! • , to:4 Mike Freeman, Chair Weld County Clerk tot Board Sean P. Conway, Pro-Tern BY: Depu y Clerk to the Board It��`\�\��C� Q 1E L . Cozad APP AS TO • 1161 �'�'? r a Kirkmeyer ou ty orney �� Ian 1 =i. e Moreno Date of signature: g/14&" 2016-0902 EG0073 MEMORANDUM TO: Clerk to the Board DATE: 2/19/2016 ill N T-.Y FROM: Tiffane Johnson Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to WCR 49 with Florence M. Nopens. RECEIVED RD 2 7 VS WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Titt-l.doc 2016-0902 3haq AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN FLORENCE M. NOPENS AND WELD COUNTY,Y COLORADO THIS AGREEMENT is made this / T day of �/�-4J, 2016, by and between FLORENCE M. NOPENS, whose address is 14601 County Road 49, La Salle, CO 80645, hereinafter collectively 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 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, 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 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 Three Thousand Ninety Five Dollars, ($3,095.00). 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 described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred and Three Dollars, ($503.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 4188491 Pages: 1 of 10 /ZO' 9DL 03/16/2016 11:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Page 2 of 5 3. If this agreement is executed and returned to our office on or before February 9, 2016 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. Owner warrants that they are the Owner of the Public Road Rights-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 the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 6. 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. 7. 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, 2019, or upon the completion of the Project, whichever is earlier. 8. 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 "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. 9. 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. 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 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. 4188491 Pages: 2 of 10 03/16/2016 11:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII k'raP,'1I'"al:'illig'LVIVIKI NJlMO A'Ayi, 111111 \\ZIRKEL\data\WELDCNTY\C40#18\PHASE II\WSLS Parcels\(29)Nopens\Compromise Agreement- 1-25-16.docx Page 3 of5 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 Four Thousand Six Hundred Seventy Eight Dollars ($4,678.00) 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 February 9,2016. If the agreement is not signed and returned on or before February 9, 2016, the County shall maintain its current offer of Fair Market Value of Three Thousand Five Hundred Ninety Eight Dollars ($3,598.00) 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. County shall at closing pay to Owner Eight Hundred Dollars ($800.00) for damages to existing trees as a result of this Project. 6. County shall at closing pay to Owner Ten Thousand Four Hundred Seventy Seven Dollars ($10,477.00) for fencing and to relocate the existing electric entryway gate. 7. 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. 8 U o ! MISCELLANEOUS: 013: m C3 1. This Agreement and the transfers of the Public Road Right-of-Way and the "a Temporary Construction Easement made pursuant to the terms herein, shall be oLL o 5 binding upon, all and inure to the benefit of and be enforceable by the parties and '`' W� their heirs, executors, administrators, successors, and assigns. cr ;/;E7 A . 7A ma"� 2. This Agreement shall not be valid until it has been approved by the Board of County flr`L "�y� Commissioners of Weld County, Colorado or its designee. eti H—J N m a NY ~ ao'�° \\ZIRKEL\data\WELDCNTY\C40#18\PHASE II\WSLS Parcels\(29)Nopens\Compromise Agreement- 1-25-16.docx co ZrmUM Page 4 of 5 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 4188491 Pages: 4 of 10 03/16/2016 11:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III MPII'E YRIMA1«+1.nli ie Eati i•Id Bill \\ZIRKEL\data\WELDCNTY\C40#18\PHASE II\WSLS Parcels\(29)Nopens\Compromise Agreement- 1-25-16.docx Page 5 of 5 IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written. OWNER: FLORENCE M. NOPENS Date: `Florence M. Nopens ATTEST: 'da40101 Jek BOARD OF COUNTY COMMISSIONERS Weld C. ty Clerk to the Bo. d WELD COUNTY, COLORADO BY: / ' • : rl Deputy Cle k to the Boar Mike Freeman, Chair MAR 1 4 261S , / APPROVED AS TO FUN' i F :"�•� ' .- . ��' PPROVED AS � SUBSTA CE: Controller +:, `�. ,f Elect�:��` .1 or Department Head APPROVED AS TO FORM: 1 I P Director of General Services i(S Count Attorney 4188491 Pages: 5 of 10 03/16/2016 11:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO /6.� 090 '�iY' 11111 PHOTO EXHIBIT ,w =ai ...>f +r� � x. � 6�� ,,,,,,,,,,,,-..,,,...,:,;,,,,I.,:,' .rr..�<mx�r,�.+.r-,� e xa'af ?"e a " �..- " sa r NE CORNER ? I .J � � 4 `� S24 T3N R65W �� : A;,,,. g. )k'G4 --R dip' qq'?,r. y�t�tyl+. tl ,-,,., p & p - .✓. t. " 1,114--`,4,',' " -0 f a4- s�} F - G' mr+ . r iks 4 lfi � !1-- '4 t '{ �..- . m'', .a ' "s �€` . •� s ,..'f�i y r -..- ° x , t° �ts .. d t�� k' a�, =,r- 7 a..v A'. "'k 14.1a1 0 7 � p a ,.a ,� 'L b r. S '' a ,' re _ T, '"'"1"C".'444''''' 'ITS ▪ -"5 �` V;4t" �7 _"'ate �& $ ..� 3.. �ixT + iy.L. .h' �b9 .- � 1W 4 rep $i',�F�n j Asa r - tr ki,60.- . t y r , ' r; a,t I 4 eAty ei�� r fir' .q 4x19,4+ _ y i t 8 'gam r ;.,�, ', a s` t r�' � � F . - ,�t � � 1�� a� �� b' ��^` "tip'▪ Fa- ti eA *nS ''''•414:i''':•••••'•'• 20' TEMPORARY EASEMENT T , , 4-0k,," y• ' '4 IP � 26 987s.f.± OR 0.620ac.± „1; o ▪ '� ". „, 4� _� y`1 y .vy to _f �. Y mwv ' - '5+ ,- ,v `, r+ #,.i9 it"s € i �4941.,--...4.::41 ,ti 0.w !'' r #.r- .,t n;, d- a :` ADDITIONAL RIGHT—OF—WAY x l e zk x - a. . 4,4 " 49,917s.f.± OR 1.146ac.± s pF � � �� _ 0� , 9TH a E � A eri , ' , TEN HAND TRUST& x {x ' ALVIN DECHANT Jr. gk 40' EXISTING RIGHT—OF—WAY" " ,r (BOOK 1046 PAGE 7), . � :_ � �e ,• a ,army;"$' A7 f 7 • i , , w..�. x 1 t'+l'" yF �'Y N° L•:kxF.kS . phi.;.s"+� f ik _. - . % ' ass �L " -x y , " .} � " a S2�} T� W .4 r₹ -, '`" ".' FI,O`RCNCE a ' 4J� ��a ....•, :.� .< , • ,{ j�� 7} a �V--;I-''11,-, & " > was'"l'.ea'c .a,' + a '�'�,r '''.%:117;t---.,.,:::',.' 11_'1 �.`NOL fi wore` .rr i 3i.� .' 1°a , ss'�" ,, a- t ask d ' 'a` IP. ry' Y a�t $'47;r14,,; :.--4.74.i., � IN-?:',,,'.- ,r,.a c'-#r- „a 7 r '-----"--'4;,-'7 s a*d + 4+. ;�'o Y� € z ''":".""'"'''':4141 , ii tF _ .,r try '"r v r i r'z.- • ", e o , �? „.„,f,,,,,,,,,,,,OO-4-4',. .4,4, :,,,,,,,,,,.„ -,t,„,,,,,,„,,,-• s•� ri _ , 3N,4µ t.�.mU _ak�c. *,�'`."w,�".,*"a. `�r,$-, ' .'- '* ' E 1/4 CORNER - 777 —7 ,-o `. . °1 �r t, " S24—T3N—R65W"1`s *� �° 't feVit, WEI,D COUNTY DEPARTMENT PHOTO EXHIBIT i4a Fe,1► OF PUBLIC WORKS CD * .►.. -- WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 NOPINS KING SLR\I-:YORS PROJECT NO: SRP-2G SCALE: 1"=200' WC.R 49 (.50 P.,;Arden I rage : l5lnd,,r.t:World„S16,P WELD C.OU\I Y.COLORADO ri,=,,,e:.,Jru.r,<' ,,,1 , ,",i_'„'`i:'„''''''.„_t„° DATE: i-9.1; DRAWN BY: CDL SHEET: 1 of 1 4188491 Pages: 6 of 10 .. 03/16/2016 11:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III M1l1tnilliall;a''lirkifhlhirliMIIillilleil0 iii IIh III ill EXHIBIT-A 29-NOPENS—ROW PROPERTY DESCRIPTION A parcel of land being part of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of Section Twenty—four (24), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 24 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 24, being monumentalized by a #6 rebar with an illegible 2 lh" diameter aluminum at the South end and by a #6 rebar with a 2 %" diameter aluminum cap stamped "Greenhorne Sc O'Mara" (year and LS# were illegible) at the North end, as bearing North 00'23'13" West, being a • Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2659.39 feet, with all other bearings contained herein relative thereto: THENCE South 89'48'53" West along the South line of Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49 established by that Right—of—way Deed recorded June 7, 1939 in Book 1046 at Page 7 of the records of the Weld County Clerk and Recorder, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 24, said point being the POINT OF BEGINNING; THENCE continuing South 89'48'53" West along the South line of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24 a distance of 50.70 feet; THENCE North 00'22'18" West a distance of 466.65 feet; THENCE North 89'37'42" East a distance of 20.00 feet; THENCE North 00'22'18" West a distance of 862.73 feet to the North line of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24; THENCE North 89'37'03" East along the North line of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24 a distance of 30.35 feet to said West Right—of—way line; THENCE South 00'23'13" East along said West Right—of—way line a distance of 1329.56 feet to the POINT OF BEGINNING. Said parcel of land contains 49,917 sq. ft. or 1.146 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24. Said existing Right—of—way contains 53,185 sq. ft. or 1.221 acres, more or less (_), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. •. W. • i 1 i o • x; rc 4188491 Pages: 7 of 10 y • 38106 v. O 03/16/2016 11:37 AM R Fee:$0.00 O 's•L�.t�. j/,° Carly ' ( ppes, Clerk and Recorder, Weld County, Co IIIII iga hi TJQ,� Ay Michael Chad i >.. r"`:ehalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT OF PUBLIC WORKS ACQUISITION 422t) ('r ►1. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 NOPENS WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO 650 E.Garden Drive 1 Windsor,Colorado 80550 phone:(970)686-5011 email:in(otni,KingSurveynrs.cnm DATE: 5-9-15 DRAWN BY: CDL SHEET: 1 of 2 EXHIBIT-! 1 I FR NE CORNER Sec. 24, T.3N., R.65W. FOUND #6 REBAR WITH 12.5" ALUMINUM CAP ILLEGIBLE I IN MONUMENT BOX i L4 20' INGRESS AND EGRESS EASEMENT NOTICE TO PROPERTY TO THE WEST According to Colorado low you must (REC. Na 1863739) % commence arty legal action based upon AND any defect in this survey within three years after you first discover such defect. In no INGRESS AND EGRESS EASEMENT event may any action based upon. any TO ELK EXPLORATION, INC defect in this survey be commenced more NO WIDTH SPECIFIED 1 than ten years from the date of the certification shown hereon. (13-80-105 (REC. Na 02318862) I C.R.S. 2012) 30'PIPELINE EASEMENT NOTE This exhibit drawing is not Intended to be a monumentalized land survey. It's —TO DCP MIDSTREAM, LP I sole purpose is as a graphic representation (REC. Na 3720065) in I to aid in the visualization of the written r` property description which it accompanies. N The written property description supersedes Cp the exhibit drawing. 40' EXISTING RIGHT-OF-WAY o° C; I: (BOOK 1046 PAGE 7) '—I CU _ NE 1/4 - S24-T3N-R65W N 1O to o u7 of z Z N o f1' FLORENCE M.NOPENS N w m PARC.#121324000002 h, 3 TEN HAND TRUST& RECP.#3838115 i� M �o ALVIN DECHANT Jr.& N SCOTT DECHANT N L3 o z v APPROXIMATE LOCATION OF ' v1 30' PIPELINE EASEMENT S19 T3N R 64W 7 TO SNYDER OIL CORPORATION LINE TABLE (REC. Na 2459632) LINE I BEARING i LENGTH u. I L1 S59'48'53"W 40.00' L2 S59'48'53"W 50.70' ao iv s I L3 N89'37'42"E 20.00' N I ADDITIONAL RIGHT—OF—WAY z L4 N89'37'O3"E 30.35' 49,917s.f.± OR 1.146ac.± E 1/4 CORNER Sec. 24, T.3N., R.65W. FOUND #6 REBAR WITH 2.5" ALUMINUM CAP —' L2 ILLEGIBLE IN MONUMENT BOX POINT OF BEGINNING L1 , POINT OF COMMENCEMENT RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION ‘11PIW OF PUBLIC WORKS 410 \� ►� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 NOPENS WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=200' 650 c. n.C rden De m e l t„d,,r,Colorado M550 WELD COUNTY,COLORADO phone:(970)6R6-5ujI I email:in(oa,Kingti"nryors'co'n DATE: 5-9-15 DRAWN BY: CDL SHEET: 2 of 2 4188491 Pages: 8 of 10 03/16/2016 11:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIiI kiriltilinitIPIOIIIKIIIINIVII d VIlib7IMIN k4 lid Ill 1 EXHTBTT_B 29-NOPENS-TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of Section Twenty—four (24), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 24 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 24, being monumentalized by a #6 rebar with an illegible 2 3,4" diameter aluminum at the South end and by a #6 rebar with a 2 16" diameter aluminum cap stamped "Greenhorne & O'Mara" (year and LS# were illegible) at the North end, as bearing North 00'23'13" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2659.39 feet, with all other bearings contained herein relative thereto: THENCE South 89'48'53" West along the South line of Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24 a distance of 90.70 feet to the POINT OF BEGINNING; THENCE continuing South 89'48'53" West along the South line of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24 a distance of 20.00 feet; THENCE North 00'22'18" West a distance of 486.59 feet; THENCE North 89'37'42" East a distance of 20.00 feet; THENCE North 00'22'18" West a distance of 842.73 feet to the North line of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24; THENCE North 89'37'03" East along the North line of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24 a distance of 20.00 feet; THENCE South 00'22'18" East a distance of 862.73 feet; THENCE South 89'37'42" West a distance of 20.00 feet; THENCE South 00'22'18" East a distance of 466.65 feet to the POINT OF BEGINNING. Said strip of land contains 26,987 sq. ft. or 0.620 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described strip of land. tt 16 0171. . ' O fi05 i ; 38106 vo 0 i 4188491 Pages: 9 of 10 l)°�1?.II'Za162�,,� 03/16/2016 11:37 AM R Fee:$0.00 S/• • '•.....�'.. v ' Carly Koppes, Clerk and Recorder, Weld County, CO'1 °�:::: 05= Ell�ai�t��aa,�a��,rri��mku1 ti��ak�yi1 11111 Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION Pia'� OF PUBLIC WORKS �� Q TE-29 \�►�. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 NOPENS WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO 650 E.Carden Drive I Windsor,Colorado 80530 phone:(970)686-5011 I email:info@KingSttrveyors.com DATE: 5-9-15 DRAWN BY: CDL SHEET: 1 of 2 F T T- NE CORNER Sec. 24, T.3N., R.65W. FOUND #6 REBAR WITH I 2.5" ALUMINUM CAP ILLEGIBLE I IN MONUMENT BOX 1 L4 i 20' INGRESS AND EGRESS EASEMENT NOTICE TO PROPERTY TO THE WEST According to Colorado low you must (REC. N0. 1863739) I commence any legal action based upon AND any defect In this survey within three years after you first discover such defect. In no INGRESS AND EGRESS EASEMENT event may any action based upon any TO ELK EXPLORATION, INC: defect in this survey be commenced more NO IMDTH SPECIFIED than ten years from the date of the certification shown hereon. (13-80-105 (REC. NO. 02318862) i C.R.S. 2012) 30' PIPELINE EASEMENT ( I NOTE: This exhibit drawing Is not intended to be a monumentalized land survey. It's —TO DCP MIDSTREAM, LP i sole purpose Is as a graphic representation NO. ify ' •• I to aid in the visualization of the written (REC. 3720065) ') r property description which it accompanies. N I The written property description supersedes Vi. co the exhibit drawing. IS: 40' EXISTING RIGHT-OF--WAY o0 c0 (BOOK 1046 PAGE 7) w ~SCO 03 NE 1/4 IN iN a) S24-T3N-R65W N N ('`. 6 on o ' o •in Z Z in . CD NQ FLORENCE M.NOPENS I m PARC.#121324000002 TEN HAND TRUST& i 0 ALVIN DECHANT Jr.& RECD.#3838115 N U , SCOTT DECHANT L3 loin APPROXIMATE LOCATION OF I - NW 1/4 z 30' PIPELINE EASEMENT I S19-T3N-R64W• LINE TABLE /TO SNYDER OIL CORPORATION L5I (REC. NO. 2459632) LINE BEARING LENGTH f in i i Li S89'48'53"W 90.70. I I L2 S89'48'53"W 20.00' 20' TEMPORARY EASEMENT 26,987s.f.± OR 0.620ac.±3 w l L3 N89'37'42"E 20.00' `p ,- I L4 N89'37'03"E 20.00' IN 'iN N n' L5 S89'37'42"W 20.00' 0 0 o Z 0 c./) E 1/4 CORNER i I Sec. 24, T.3N., R.65W. FOUND #6 REBAR WITH POINT OF BEGINNING 2.5" ALUMINUM CAP L2L1 ILLEGIBLE ' IN MONUMENT BOX POINT OF COMMENCEMENT A.. WELD COUNTY DEPARTMENT TEMPORARY EASEMENT . ACQUISITION la �# OF PUBLIC WORKS TE-29 ,"Rol ► . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 NOPENS WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1".--200' 650 E.Garden Drnc i \i'indsor,Colorado 80550 WELD COUNTY,COLORADO phone:(970)686-5011 i email:Inro@Ivngsuney ors com DATE: 5-9-15 DRAWN BY: CDL SHEET: 2 of 2 4188491 Pages: 10 of 10 03/16/2016 11:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO uIIIIIIIIIIItiMIIII IIII Mh llieb RIVIRIIIIIIIIiiiiiillil1I111 MEMORANDUM k*"••••, TO: Clerk to the Board DATE: 3/29/2016 U G—O Li NT Y FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc #2016-0902 Warranty Deed with Florence M. Nopens for the WCR 49 Improvements Project. RECEIVED MAR 2 9 2019 WELD COUNTY COMMISSIONERS M.\Francie\AGENDA memos\Agenda-WarrantyDeed.doc �: �� T� �� ao►u2-o9oa Ec?0073 4-- a7-/I, WARRANTY DEED THIS DEED made this 2-C11- day of t "\ik2 c h , 20 14 , between Florence M. Nopens, whose address is 14601 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: 14601 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. IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. 4197863 Pages: 1 of 5 020/6 -6 00.2- 04/25/2016 10:51 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO AY intItllikild 1I III - / Florence M. Nopens, Own r State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this Z$41-day of/ k/WcH , 20 1L, by Florence M. Nopens. JAMES R.FLESHER Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154039602 MY COMMISSION EXPIRES OCTOBER 7,2019 otary Public My commission expires: /6/17 //`3 4197863 Pages: 2 of 5 04/25/2016 10:51 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■v P0VIII'�w,:14'LV,INA�4L� LYd Ft: Ala BIM 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 '7"' day of I , 2016. ATTEST: C/,.iteedW/ '(1 BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE sLa STATE OF COLORADO / . •� B kt2 t:Duty Clerk to the Board 1� Mike Freeman, Chair APP 0 4 2016 STATE OF COLORADO ) )ss COUNTY OF WELD ) he foregoing instrument was acknowledged before me this day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COM SSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. / Notary Publi My commission expires: /,,2�/ / 9/ice/D�/. CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION t.XPIRES DEC. 19, 2018 4197863 Pages: 3 of 5 04/25/2016 10:51 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 41401.MIT "III EXHIBIT-A 29-NOPENS—ROW PROPERTY DESCRIPTION A parcel of land being part of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of Section Twenty—four (24), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 24 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 24, being monumentalized by a #6 rebar with an illegible 2 4" diameter aluminum at the South end and by a #6 rebar with a 2 34" diameter aluminum cap stamped "Greenhorne & O'Mara" (year and LS# were illegible) at the North end, as bearing North 00'23'13" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2659.39 feet, with all other bearings contained herein relative thereto: THENCE South 89'48'53" West along the South line of Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49 established by that Right—of—way Deed recorded June 7, 1939 in Book 1046 at Page 7 of the records of the Weld County Clerk and Recorder, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 24, said point being the POINT OF BEGINNING; THENCE continuing South 89'48'53" West along the South line of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24 a distance of 50.70 feet; THENCE North 00'22'18" West a distance of 466.65 feet; THENCE North 89.37'42" East a distance of 20.00 feet; THENCE North 0022'18" West a distance of 862.73 feet to the North line of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24; THENCE North 89'37'03" East along the North line of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24 a distance of 30.35 feet to said West Right—of—way line; THENCE South 00'23'13" East along said West Right—of—way line a distance of 1329.56 feet to the POINT OF BEGINNING. Said parcel of land contains 49,917 sq. ft. or 1.146 acres, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The East Forty (40) feet of the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section 24. Said existing Right—of—way contains 53,185 sq. ft. or 1.221 acres, more or less (x), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. t Pp,►O L/c��1 38106 v: 'c r< p c m J / Michael Chad j�,>> !��`cehalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A . WELD COUNTY DEPARTMENT ACQUISITION i1 �� o OF PUBLIC WORKS RW-29 =V' ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 NOPENS KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WCR 49 5u r..Garden Delve l Windsor,Colorado Ro5io WELD COUNTY,COLORADO pboor(97O 6R6-50I1 I cmad:ine,@NmgSorrecors.roin DATE: 5-9-15 DRAWN BY: CDL SHEET: 1 oft 4197863 Pages: 4 of 5 04/25/2016 10:51 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co ��kl Fa RI 11111 EXHIBIT-A l!( NE CORNER Sec. 24, T.3N., R.65W. Li-FOUND #6 REBAR WITH i 2.5" ALUMINUM CAP ILLEGIBLE I IN MONUMENT BOX I L4 20' INGRESS AND EGRESS EASEMENT NOTICE TO PROPERTY TO THE WEST According to Colorado law you must (REC. Na 1863739) commence any legal action based upon AND any defect in this survey within three years after you first discover such defect. In no INGRESS AND EGRESS EASEMENT event may any action based upon. any TO ELK EXPLORA770N, INC. defect In this survey be commenced more NO WIDTH SPECIE/ED than ten years from the date of the certification shown hereon. (13-80-105 (REC. NO 02318862) I C.R.S. 2012) INOTE: This exhibit drawing is not intended L3D'PIPEL/NE EASEMENT to be a monumentalized land survey. It's TO DCP MIDSTREAM, LP I sole purpose is as a graphic representation (REC. NO. 3720065) 41 I to aid in the visualization of the written N. property description which it accompanies. N The written property description supersedes to the exhibit drawing. 40' EXISTING RIGHT—OF—WAY a° (BOOK 1046 PAGE 7) NE 1/4 .� S24-T3N-R65W c. o N'J io Mtn Z o ai cco z ai FLORENCE M.NOPENS `� w m PARC.#121324000002 w M o TEN HAND TRUST& RECP.#3838115 - n ALVIN DECHANT Jr. & in N SCOTT DECHANT N L3--\\ 8z v APPROXIMATE LOCATION OF (1) I - NW 1/4 30' PIPELINE EASEMENT S19-T3N-R64W TO SNYDER OIL CORPORA770N LINE TABLE (REC. Na 2459632) I �I I BEARING I LENGTH / i ! E BEARING co .r I L1 S89'48'53"W 40.00' / L2 S89'48'53"W 50.70' c iv 1 L3 N89'37'42"E 20.00' N ADDITIONAL RIGHT-OF-WAY o ( L4 N89'37'03"E 30.35' 49,917s.f.± OR 1.146ac.± i E 1/4 CORNER Sec. 24, T.3N., R.65W. FOUND #6 REBAR WITH 2.5" ALUMINUM CAP — L2 ILLEGIBLE IN MONUMENT BOX POINT OF BEGINNING L1 POINT OF COMMENCEMENT RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION 1. 05,00OF PUBLIC WORKS \� ► • WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 NOPENS WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=200' 050 i.Garden Drive I Windsor,Colorado 00550 WELD COUNTY,COLORADO phone:(9716 086',Oil ? en,aa:info@Kingsnneyors co n DATE: 5-9-15 DRAWN BY: CDL SHEET: 2 oft 4197863 Pages: 5 of 5 04/25/2016 10:51 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 MilefilliViNilialliillikillIIIIIItiIIPitiilliKiICI'INI ii4l11111 Hello