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Home My WebLink About20160209.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ELLA AND LONNIE FORD 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 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 Ella and Lonnie Ford, 16299 County Road 49, LaSalle, Colorado 80645, 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 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 Ella and Lonnie Ford, 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. 2/,2_, 2016-0209 l/ E6007373 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - ELLA AND LONNIE FORD 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 ATTESTditt , ,,,,��,,// LL `�C,Lto•e,C Mike Freeman, Chair Weld County Clerk to the Board a. nn Se, '. Co; ay, Pr•'j► BY: I MISIL IN. D ty Clerk to th Boar•%` f uA. Coza• APP ! ED AS %'" !RM:I I$61 / _rbara Kirkmeyer 'ounty Attorney , 1 alb- '�•r Steve Moreno Date of signature: 2016-0209 EG0073 > 1861 MEMORANDUM 1 \ TO: Clerk to the Board DATE: 1/11/2016 uNTY c o__ FROM: Leon Sievers/Tiffane Johnson RECEIVED Public Works Department JAN 13 2016 SUBJECT: Agenda Item WELD COUNTY COMMISSIONERS Agreement for the Purchase of Public Road Right-of-Way, Permanent Easement, and Temporary Construction Easement for Certain Improvements to WCR 49 with Ella Lee and Lonnie R. Ford. M:\Francie\AGENDA memosWgenda-Leon-3.doc 2016-0209 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN ELLA LEE FORD and LONNIE R. FORD and WELD COUNTY, COLORADO THIS AGREEMENT is made this 2( day of .5‹.,p 1-eim,ttir; 2015, by and between Ella Lee Ford and Lonnie R. Ford,whose address is 16209 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 One Thousand, Eight Hundred Twenty Four Dollars, ($1,824.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to convey at closing a Temporary Construction Easement 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 Thirty Eight Dollars, ($538.00). The parties 4174811 Pages: 1 of 11 0 /6' �� 01/22/22/ PM 2016 03:39 PM R Feeee:$0.00 hit yKos, Clerk andc , Mb)k�l4i�ti� �I II acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before October 01, 2015 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 the contractor enters the property to begin construction of the Weld County Road 49 Improvement Project and shall expire and be of no further force or effect after three (3) years, or upon the completion of the Weld County Road 49 Improvement 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. 4174811 Pages: 2 of 11 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppess,{�Clerk and Recorder,� r W``eld``Countty CO W `` ��winivdr1*i IY�r� � +�li'Til�I��r��I� �ITI�i��i�i iiri ,I III Page 2 of 5 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 Nine Thousand, One Hundred Fifty Nine Dollars ($9,159.00)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 October 01,2015. If the agreement is not signed and returned on or before October 01, 2015, the County shall maintain its current offer of Fair Market Value of Eight Thousand, Four Hundred Fifty Dollars ($8,450.00) 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. The owner shall be responsible for subsequent maintenance on the permanent right of way fence, after it has been installed. 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. 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 4174811 Pages: 3 of 11 01/22/2016 03:39 PM R Fee:$0.00 $0.00 Page 3 of 5 Carly Koppes, Clerk and Recorder, Weld County, CO g ■III IlirAliii riM:fili'I21141h'CLfr'I I "i'i, 11111 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. 4174811 Pages: 4 of 11 Car?ZKoPP6,OCler�k PM and Recorder, 21d County, 1111IP. � iliKIE M:ICii f 1_IJ fi ,llll Page 4 of 5 I - IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Ella Lee Ford and Lonnie R. Ford By: 041.144 a/4 Title: Q(.4 YvALJv By: Title: ATTEST: W4e7A.A) ►. JeGto;tA BOARD OF COUNTY COMMISSIONERS Weld Co. t Clerk to the B i and WELD COUNTY, COLORADO BY: Deputy C1 k to the Bo �jfi� La Mike Freeman, Chair JAN 1 8 2016 Z�I APPROVED AS TO FUN '� "�`PPROVED A UBSTANCE: Controller r �� `'""" Elm ial or Department Head APPROVED AS TO FORM: N.`A,-- psevt„...,4., Director of General Services County Attorney 41748 Page 5 of 5 Pa 0122/2026 03:3ages: 5 of 11 p2C//J G� VIII�►� Ppes, Ci erk a^d til1�l+�ff�ti�, 1111 PHOTO EXHIBIT ri. r. . ..44 . _ . . . .. . . ,y t 't' ` - • -tea -. - IP 4 . .I ' Y - n E 1 /4 CORNER . } Ja. , � 4 �, S1 - T3N - R65W i , • .. . .-. r • , 1 . rt9 w ; 3. .^r i's: ' � - �µ II � � i PATRICIA A. & y: f_ . r . 41 ! -.•f I. - . ;. �` tom:•, ,• re ". ` ,�,; TERRY L. GRISHAM A • k Je - - - .. a+ '5 f fN • y. 1.- �n'ir,J.. . ' T y1 , �' .• W� ..Y F•e +f'41 i k N.�� a/ . s} M I J 3 I '� R , ifA LOT 13 MILTON LAKE x �r ,r `� x :' ♦ ESTATES 4 • b ; 3 • 1 ir 5�; „ ; r + ?itlr " • •. ��tyy ail ' ... 4. ' i.. `i 1'� t,_> Seat + - Sine r F Ai, L r �• J /yam i = _` :tr-1' >� r . •. f.-4 y 17144.al• ,t, . ‘• tt• ' . 4 kw drioH4 A ELLA LEE & LONNIEar - q ; - R • FORD944/ ;4 #�� F LOT 14 MILTON LAKE *M$*S* V• ' z • '� a ' ESTATES, i•imz - _-- i -s.- - r;; * / • a '',n --,; t ' a. , SE 1/4 ! • . 512 —T3N — R65W Oi s - .Te. A I\ elite, • * . .. i II rig174 I tH _ � ` �' 50' EXISTING RIGHT— OF— WAY ' �.� �,/ f ' !IF , , e ,: ,P, MILTON LAKE ESTATES FIRST FILING ALVIN �, `' • , • - (REC. NO. 1550903) DECI -IANT Jr. "Y ' If le .' at 1 sr & DAVIDALAN �, f DECHANT r `1 ',. x r I -sd , • saw ADDITIONAL RIGHT— OF— WAY - R • '' - ' SW 1/4 hploilm. - . *1,.. S _le. 13, 231s. f.± OR 0. 304ac.f r /7„/IP is. r#57-T3N-Rb4W _ Alle tCale , • / • , ,' 9^ .• • a t . R_... .!.j.. M+Ytr_.... +w. yhM'.• '-.r. . _ .. t".a.._.le t • , e. " ., ' 20' TEMPORARY EASEMENT • ^ 13, 037s. f. ± OR 0. 299ac. ± f - Y . ta + I ♦ it 1 . al - * • . DEBRA & MICHAEL y , • • II ,w a • ... . ali DAWSON ' • • LOT 15 MIL TON LAKE I. i !/ = ' i` ESTATES .,,. sit. K ' . 1 r�' � , m +L s f • . r ' • SE CORNER ,. • .. ‘sts , ,.. ''• , - S12- T3N - R65W • ,eip WELD COUNTY DEPARTMENT PHOTO EXHIBIT Rta r,✓ OF PUBLIC WORKS 1 47 r ►� • WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 34 & 36 FORD WCR 49 KING SURVT,YORS PROJECT NO : SRP-26 SCALE : 1 "= 150' 650 F. Garden Drive \V'intl:or, Colorado 80550 - ^ WELD COUNTY, COLORADO phone: (970) GRb-50l I rmaiI: inI<fo@king.Suntvors.com DATE : 5 - 13- 15 DRAWN BY ' CDI . SHEET : 1 of 1 4174811 Pages : 6 of 11 01 / 22 / 2016 03 : 39 PM R Fee : $0 . 00 Carly Koppes , Clerk and Recorder , Weld County , CO VIII porjr , ,, ,, ,,,,,i ,,,, p4,,,,„ 50„ ilim,, ,,,,A1 ,,,,,,: uliii FXHIB IT-A 47-FORD-ROW PARCEL DESCRIPTION A parcel of land, being part of Lot 14, Milton Lake Estates, First Filing recorded 8, 1970 as Reception July P No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Twelve (12), 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 corner of said Section 12 and assuming the East line of said SE1/4 as bearing South 00'21'02' East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE South 00'21'02" East along said East line a distance of 666.79 feet the Easterly projection of the North line of said Lot 14; THENCE South 89'33'47" West along said Easterly projection a distance 50.00 feet to the Northeast corner of said Lot 14 and to the POINT OF BEGINNING; THENCE South 00'21'02" East along the East line of said Lot 14 a distance of 651.81 feet to the Southeast corner of said Lot 14; THENCE South 89'33'47" West along the South line of said Lot 14 a distance of 22.22 feet to the beginning point of a curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Northwest a distance of 263.27 feet, said curve has a Radius of 15,630.00 feet, a Delta of 00'57'54" and is subtended by a Chord that bears North 00'07'55" East a distance of 263.27 feet to a Point of Tangency, THENCE North 00'21'02- West a distance of 388.56 feet to the North line of said Lot 14; THENCE North 89'33'47" East along said North line a distance of 20.00 feet to said Northeast corner and to the POINT OF BEGINNING; Said described parcel of land contains 13,231 Square Feet or 0.304 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. *Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plat. Steven Parks — On Behalf Of 'King Surveyors Colorado Licensed Professional Land Surveyor #38348 RIGHT OF WAY .A., WELD COUNTY DEPARTMENT ACQUISITION t� it OF PUBLIC WORKS �r ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 FORD WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY.COLORADO su Garden n„ ‘N..a=,.Colorado$O 3 "i" r»�q aHa 5,/H "'"`I„fo Km,c„re«,.turn DATE: 5-13-15 DRAWN BY. COL SHEET. I of 2 4174811 Pages: 7 of 11 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO EX HIBI i-A R E 1/4 CORNER I CURVE TABLE Sec. 12, T.3N., R.65W. FOUND #6 REBAR WITH • CURVE LENGTHRADIUS DELTA CHORD CH BEARING 3.25" ALUMINUM CAP • C1 263.27' 15630.00' 0'57'54" 263.27' NO0'07'55"E STAMPED LS 34995, 2008 IN MONUMENT BOX POINT OF COMMENCEMENT PATRICIA A. &TERRY L.GRISHAM LOT 13 MILTON LAKE ESTATES I -' POINT OF 1 L4,,-------BEGINNING L2 l 1_10' DRAINAGE & LINE TABLE (REC. NOA 1550903) o N SEMENT ,- Q w LINE BEARING LENGTH ELLA LEE & LONNIE o 2 w m R. FORD w 00 L1 S00'2102"E 666.79 3 = in PARC.#121312401006 N o N-65 L2 S89'33'47"W 50.00' RECP.#01940864 • i o m to LOT 14 MILTON LAKEo L3 S89'33 47"W 22.22' b o (!) I ESTATES Z L4 N89'33'47"E 20.00' 50' EXISTING RIGHT-OF-WAY I MILTON LAKE ESTATES FIRST FILING ALVIN (REC. NO. 1550903) DECHANT Jr. 75' NERES CANAL EASEMENT I &DAVID ALAN NOTICE MILTON LAKE ESTATES I DECHANT According to Colorado low you must (REC. NO. 1550903) commence any legal action based upon , any defect in this survey within three years 10 ELECTRIC EASEMENT after you first discover such defect. In no r(REC. NO. 2871567) I SW 1/4 event may any action based upon any S7-73N-R64W defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 SE 1/4 \ I C.R.S. 2012) S12-T3N-R65 W v 10'DRAINAGE 47 ADDITIONAL RIGHT-OF-WAY UTILITY EASEMENT 13,231s.f.± OR 0.304ac.± (R£C. N0. 1550903)1 1 I i Lai DEBRA&MICHAEL DAWSON 1 LOT 15 MILTON LAKE ESTATES I 1 i NOTE: This exhibit drawing is not intended SE CORNER to be a monumentalized land survey. It's Sec. 12, T.3N., R.65W. sole purpose is as o graphic representation FOUND #6 REBAR WITH to aid in the visualization of the written property description which It accompanies. 3.25" ALUMINUM CAP The written property description supersedes STAMPED LS 10855, 1998 the exhibit drawing. IN MONUMENT BOX RIGHT OF WAY .A._o; WELD COUNTY DEPARTMENT UISITION 14 � OF PUBLIC WORKS AC Q Rw a7 =1� ►., WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 FORD WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' 650 E.Garden Dole i R'ind>or,Colorado 80550 wvi.nCOiINTY.COLORADO .,h,n,e:'705686-5oll I email:inf rg;ingSunecor,com DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 of 2 4174811 Pages: 8 of 11 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Farliti�I�'hIri'G 'Y:it I ll l il'II I INI Lk kill II • EXHIBIT-B 47-FORD-TCE PARCEL DESCRIPTION A 20.00 foot wide strip of land, being a port of Lot 14, Milton Lake Estates, First Filing recorded July 8, 1970 as Reception No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Twelve (12), 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 corner of said Section 12 and assuming the East line of said SE1/4 as bearing South 00'21'02" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE South 00'21'02 East along said East line a distance of 666.79 feet the Easterly projection of the North line of said Lot 14; THENCE South 89'33'47" West along said Easterly projection and the North line of said Lot 14 a distance 70.00 feet to the POINT OF BEGINNING; THENCE South 00'21'02" East a distance of 388.56 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northwest o distance of 263.27 feet, said curve has a Radius of 15,630.00 feet, a Delta of 00'57'54" and is subtended by a Chord that bears South 00'07'55" West a distance of 263.27 feet to the South line of said Lot 14; THENCE South 89'33'47" West along said South line and along a line non—tangent to the aforesaid curve a distance of 20.00 feet to the beginning point of curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Northwest a distance of 263.30 feet, said curve has a Radius of 15,610.00 feet, a Delta of 00'57'59" and is subtended by a Chord that bears North 00'07'58" East a distance of 263.30 feet to a Point of Tangency, THENCE North 00'21'02" West a distance of 388.53 feet to the North line of said Lot 14; THENCE North 89'33'47" East along said North line a distance of 20.00 feet to the POINT OF BEGINNING; Said described parcel of land contains 13,037 Square Feet or 0.299 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. *Note: A boundary survey was not performed on this lot. The subdivision has been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plat. FJ - Steven Parks — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38348 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 4$ OF PUBLIC WORKS rE-a� ► , WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 FORD WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY.COLORADO v u r,Garden oa < �r„a,or,c,i„�a,ansso -maa:f„io@l<'"s„nrcor „' DATE: 5-13-15 DRAWN BY: CDL SHEET: I oft 4174811 Pages: 9 of 11 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 f EXHIBIT-B E 1/4 CORNER CURVE TABLE Sec. 12, T.3N., R.65W. FOUND #6 REBAR WITH • CURVE LENGTH RADIUS DELTA CHORD CH BEARING 3.25" ALUMINUM CAP • Ci 263.27' 15630.00' 0'57'54" 263.27' S00.07'55'w STAMPED LS 34995, 2008 IN MONUMENT BOX C2 263.30' 15610.00' 0'57'59' 263.30' N00'07'58"E POINT OF COMMENCEMENT PATRICIA A. & TERRY L. GRISHAM 1 OT ii kill TON I Ai:F FSTATFS -5 POINT OF I L4,...._-.-----BEGINNING 10' DRAINAGE & IL2 10131 } . L U77LITY EASEMENT i z LINE TABLE (REC. NO. 1550903)in I tr) N1 N a w LINE BEARING LENGTH ELLA LEE & LONNIE gg ° .0 L1 S00'21 02'E 666.79' R. FORD �' �' N U.. PARC.#121312401006 3 N • N L2 s89'35'1 s"w 70.00' RECP.#01940864 N I o L3 S89'33'47"W 20.00' LOT 14 MILTON LAKE orN. o I I ESTATES o •to I L4 N89'33'47"E 20.00' 50' EXISTING RIGHT-OF-WAY I I i MILTON LAKE ESTATES FIRST FILING 1 ALVIN (REC. NO. 1550903) I • U DECHANT Jr. 75'NERES CANAL EASEMENT I &DAVID ALAN NanCE MILTON LAKE ESTATES I I DECHANT According to Colorado law you must (REC. Na 1550903) i commence any legal action based upon I any defect in this survey within three years 10' ELECTRIC EASEMENT after you first discover such defect. In no [(REC. NO. 2871567) i i SW 1/4 event may any action based upon any I 57-T3N-R6R64W defect in this survey be commenced more than ten years from the date of the i certification shown hereon. (13-80-105 SE 1/4 I C.R.S. 2012) S12-T3N-R65W N V U I 1 20' TEMPORARY EASEMENT I i 10'DRAINAGE& 13,037s.f.± OR 0.299ac.± `-'1 I UTILITY EASEMENT I (REC. NO. 1550903)1 I ` I 1 L3 1 I DEBRA& MICHAEL DAWSON I LOT 15 MILTON LAKE ESTATES r NOTE: This exhibit drawing is not intended SE CORNER to be a monumentoiized land survey. It's Sec. 12, T.3N., R.65W. sole purpose is as a graphic representation FOUND #6 REBAR WITH to aid in the visualization of the written property description which it accompanies. 3.25" ALUMINUM CAP • The written property description supersedes STAMPED LS 10855, 1998 the exhibit drawing. IN MONUMENT BOX TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 4a e...0 OF PUBLIC WORKS TE-47 %� ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 FORD WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: l"=150' 6i0 E Garden Dace i \N incisor,Colorado$Hain WELD COUNTY.COLORADO „i",,,,.'"''sa roil , emnd:"" fangs" epoaa'm DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 oft 4174811 Pages: 10 of 11 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 MAPS iliiiNNHICIA LARIMIVIDNIA 111111 �.r ... Di Q T7 'O ('^'� f �U a Y -+ " 1 Og z rr =_ Y T �r t Y ,.• h �' % ,Y, N .o 2 ry f '."7" y N f ;. .. % r Cr .. +?` :.r ,"1! /� y r: rr Pas 1.1 ffl to EA n 24. 3 D f', y4 r C p � O .,r -p 4,. tJ1 co 5 vi O fc) C01 O o ' g NA = CO m N.) Co ril O P H �`'. O N W m LC O in V 44 4/4 64 O) O) O) ,r, -.. O 0 O O O O O O O P O T, - C + O @ H W rD •) m will W CC CC SY 2.3 C1 O.J O N to v, v+ mro .n w c. O,.. O. (9 (V Q, O O 3 3 ^ -r, ro > m n r r r 4, .-+ W CU C.) vt 1O• N 'O •v m O a a a. v, ,n ino o a7o a7o :» J rn C C E F @ c' 4n O a a. o cn . ro ro ro ro a p , 0 ' C o m C -, ro o O r o a - m c 0 p - = o -% -I r, -h O. ,_ 3 3 ,7, 3 O Q a ro Cn 0 a 0 N m p, . i. ro "O rDD "O 13 O lb - N @ 4 0 O v, W a w 3 < < < OO 0�tro '" N n o a si N CO < ,.4. ro no ro o a a. a. o ca co a cr a- cr Ui a in a- < -c < .9.,. 5' < { -O a i-, ro m m Cl. C. C. 4174811 Pages: 11 of 11 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO uIII!PUP,:Ild,Illifirili:P is NI&IIIII ION:11 FI,1i III II MEMORANDUM -'' ;l% TO: Clerk to the Board DATE: 2/12/2016 co UtN T Y FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc#2016-0209 Warranty Deed with Lonnie R. and Ella Lee Ford for the WCR 49 improvement project. RECEIVED FEB 1 6 2016 WELD COUNTY COMMISSIONERS M:\FrancieWGENDA memos\Agenda-WarrantyDeed.doc a-as-;zorlo 0.1'01°2—/4 .40/6-6201 ..3)34.10i ts 840073 WARRANTY DEED THIS DEED made this O,R day of I/MI , 201 , between Lonnie R. Ford and Ella Lee Ford, whose address is 16299 Weld Counoad 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: 16299 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. 4183070 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 IIIIIligiCIfill CCM Lirkill'Afin lii 10.14 III II IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. ( LONNIE R. • ELLA LEE FO , O r State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this / Z day of'�� L 7, 20/, by Lonnie R. Ford and Ella Lee Ford. JAMES R.FLESHER ` Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154039802 MY COMMISSION EXPIRES OCTOBER 7,2019 otary Public My commission expires: Lo`7 / i 4183070 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 lIIII rAA1401 'I+hl'hriIiALIVICIflgiN'i' '1 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). Dated this Q� day ofd / , 2016.aniatti ditisfaV W aido ATTEST: ;ti BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO BY:♦ �� I Lam_ ..�.✓ BY: Deputy Cle the Bo. �:� � Mike Freeman, Chair 361 FEB 222016 STATE OF COLORADO )s� COUNTY OF WELD ) jAilite.2toegoing instrument was acknowledged before me this 0Z 2 day 2016 by Mike Freeman CHAIR OF THE BOARD OF COUNTY COMMISSIONE4OF THE COUNTY OF WELD,. Witness my hand and official seal. ( //bi4CV NO—taryPubAc My commission expires: /02//1/0,210/t CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201440.48044 MY COMMISSION EXPIRES DEC. 19, 2018 4183070 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 VIII MIMIMiI IMEJ' WhyINCIO.I,F'id li Th II111 .Rl(P-Da1oq EXHIBIT-A 47—FORD—ROW PARCEL DESCRIPTION. A parcel of land, being port of Lot 14, Milton Lake Estates, First Filing recorded July 8, 1970 as Reception No. 1550903 of the Records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Twelve (12). 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 corner of said Section 12 and assuming the East line of said SE1/4 as bearing South 00'21'02" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2641.96 feet and with all other bearings contained herein relative thereto; THENCE South 00'21'02" East along said East line a distance of 666.79 feet the Easterly projection of the North line of sold Lot 14; THENCE South 89'33'47" West along said Easterly projection a distance 50.00 feet to the Northeost corner of sold Lot 14 and to the POINT OF BEGINNING; THENCE South 00'21'02" East along the East line of said Lot 14 a distance of 651.81 feet to the Southeast corner of said Lot 14; THENCE South 89'33'47` West along the South line of said Lot 14 a distance of 22.22 feet to the beginning point of a curve, non—tangent to the aforesaid line; THENCE along the arc of a curve concave to the Northwest a distance of 263.27 feet, said curve has a Radius of 15,630.00 feet, a Delta of 00'57'54•" and is subtended by a Chord that bears North 00'07'55" East a distance of 263.27 feet to o Point of Tangency, THENCE North 00'21'02" West a distance of 388.56 feet to the North line of said Lot 14; THENCE North 89'33'47" East along said North line a distance of 20.00 feet to sold Northeast corner and to the POINT OF BEGINNING; Said described parcel of land contains 13,231 Square Feet or 0.304 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. 'Note; A boundary survey was not performed on this lot. The subdivision has been prorated to fit the existing aliquot corners. Some dimensions may vary from the recorded subdivision plot. J IL/-2019 Steven Parks — On Behalf Of'king g:prveyors Colorado Licensed Professional Land Surveyor #38348 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT 44 �� OF PUBLIC WORKS ACQUISITION ,� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 FORD WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO GrI H G,,d,,,Mile , a r,a.r .,coin.,a nus;u phunr:;97u)o66.iou rmail:inr4*."&lun,loncam DATE: 5-13-15 DRAWN BY: CDI, SHEET: 1 of2 4183070 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 EXHIBIT-A E 1/4 CORNER CURVE TABLE Sec. 12, T.3N., R.65W. FOUND #6 REBAR WITH CURVE LENGTH RADIUS DELTA CHORD CH BEARING 3.25" ALUMINUM CAP ' C1 263.27' 15630.00' 0'57'54' 263.27' N00'07.55"E STAMPED LS 34995, 2008 ' IN MONUMENT BOX POINT OF COMMENCEMENT PATRICIA A. &TERRY L.GRISHAM i .- LOT 13 MILTON LAKE ESTATES ' u POINT OF 1 L40,......------BEGINNING L10'DRAINAGE & L2 rn N UTILITY EASEMENT z LINE TABLE (REC. Na 1550903)10 '- N a LINE BEARING LENGTH ELLA LEE &LONNIE M W m ILI R. FORD a O L1 SO0'21'02"E 666.79' 3 w 0 1/2PARC.#121312401006 1, N L2 S8913.47"W 50.00' RECP.#01940864 0 CO L3 S89'33'47"W 22.22' LOT 14 MILTON LAKE o 0 ESTATES 0z Vt i L4 N89'33'47"E 20.00' 50' EXISTING RIGHT-OF-WAY V I MILTON LAKE ESTATES FIRST FILING -- I ALVIN (REC. NO. 1550903) DECHANT Jr. 75' N£RES CANAL EASEMENT I &DAVID ALAN NOTICE MILTON LAKE ESTATES t DECHANT According to Colorado low you must (REC. NO. 1550903) commence any legal action based upon any detect in this survey within three years 10'ELECTRIC EASEMENT after you first discover such defect. In no r(REC. NO. 2871567) I SW 1/4 event may any action based upon any ( 57-T3N-R64W defect In this survey be commenced more than ten years from the dote of the certification shown hereon. (13-80-105 SE 1.14 C.R.S. 2012) 512-T3N-R65W 6 I 10'DRNA!AGE & ADDITIONAL RIGHT—OF—WAY I UTILITY EASEMENT 13,231s.f.± OR 0.304ac.± '"`y (REC. NO. 1550903), i I I L3, DEBRA&MICHAEL DAWSON I LOT IS MILTON LAKE ESTATES I i NOTE: This exhibit drawing le not Intended SE CORNER to be a monumentalized land survey. It's Sec. 12, T.3N., R.65W. sole purpose is as a graphic representation FOUND #6 REBAR WITH • to aid in the visualization of the written property description which It accompanies. 3.25" ALUMINUM CAP The written property description supersedes STAMPED LS 10855, 1998 the exhibit drawing, IN MONUMENT BOX WELD COUNTY DEPARTMENT RIGHT OF WAY 4 "...# OF PUBLIC WORKS ACQUISITIONOD ;`' a'II. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)34&36 FORD KING Su'RvL oils PROJECT NO: SRP-26 SCALE: 1"=150' WCR 49 650 r.Garden Doe I 1\indsu,,Colandn 80550 WELD COUNTY,COLORADO phone,(97m agasnn l emad'.nfo@KnOuneynmcorn DATE: 5-13-15 DRAWN BY: CDL SHEET: 2 oft 4183070 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 iv IiiIrakII LEI IIii:ICI I'dit Yhridi liAlliyi III II Hello