HomeMy WebLinkAbout20160207.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 - ROGER AND CHARLENE FRIDGE
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 Roger
and Charlene Fridge, 15417 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 Roger and Charlene Fridge, be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents.
2016-0207
CCqt,J(Falls fr3)4ig.- EG0073
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY
ROAD 49 — ROGER AND CHARLENE FRIDGE
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
ATTES1w ti4�/, jd o•�� Mike Freeman, Chair
Weld County Clerk to the Board ifiD9
S2 .Z',bnway, PrO,7,
BY: iakizi,L, (,6 1 _�_
ty Clerk to the Bars ' ♦ (u_Tr'AY. Cozad
AP D AS : tEbt t:44:1;44
rbara Kirkmeyer
County Attorney -1?y
!�lSteve Moreno
Date of signature: �5
2016-0207
EG0073
86 MEMORANDUM
TO: Clerk to the Board DATE: 1/8/2016
13coUNT Y
FROM: Leon Sievers/Tiffane Johnson RECEIVED
Public Works Department
JAN 13 2016
SUBJECT: Agenda Item
OMMI C0UNTY
SSIONERS
C
Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement
for Certain Improvements to WCR 49 with Roger J. and Charlene S. Fridge.
M:\Francie\AGENDA memos'Agenda-Leon-I.doc
2016-0207
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN ROGER J.
FRIDGE AND CHARLENE S. FRIDGE AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this /D " lday o , 2014, by and between
ROGER J. FRIDGE AND CHARLENE S.FRIDGE,whos ddress is 15417 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 Two Thousand Four
Hundred Twenty Four Dollars, ($2,424.00). 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 Six Hundred Ninety
Seven Dollars, ($697.00). The parties acknowledge and agree that said purchase
401 22/20 Pages: 1 eofe 10 v
Carly Cer PM n R Frder, el O.2—01 P
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII F'r1!imoillw ,eciumh{ihmolow, 11111
Page 2 of 5
price represents full, fair and valuable consideration.
3. If this agreement is executed and returned to our office on or before January 4,
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.
4174809 Pages: 2 of 10
01/22/2016 03:39 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Will,Yk III III
Z:\WELDCNTY\C40#18\PHASE II\WSLS Parcels\(38)Fridge\Compromise Agreement- 12-17-15.docx
Page 3 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 Four Thousand Fifty Eight Dollars ($4,058.00) to the Owner for
the Public Road Right-of-Way and the Temporary Construction Easement by
County warrant(s) at the date of closing if agreement is signed and returned on or
before January 4, 2016. If the agreement is not signed and returned on or before
January 4, 2016, the County shall maintain its current offer of Fair Market Value
of Three Thousand One Hundred Twenty One Dollars ($3,121.00) 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 Forty Five Thousand Nine Hundred Four
Dollars ($45,904.00) for damages to existing trees as a result of this Project.
6. County shall at closing pay to Owner One Thousand Fifty Six Dollars($1,056.00)
for damages to existing crops as a result of this Project.
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.
MISCELLANEOUS:
1. There shall be no construction work adjacent to this property from sundown on
Friday to Sundown on Saturday.
2. 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.
4174809 Pages: 3 of 10
01/22/2016 03:39 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO WSLS Parcels\(38)Fridge\Compromise Agreement- 12-17-15.docx
Ill'i
• Page 4 of 5
3. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
4. 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.
5. 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.
6. 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.
7. 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.
8. This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
4174809 Pages: 4 of 10
01/22/2016 03:39 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Z:\WELDCNTY\C4O#18\PHASE II\WSLS Parcels\(38)Fridge\Compromise Agreement- 12-17-15.docx
Page 5 of 5
IN WITNESS WHEREOF,the parties have set their hands on the day and year first above
written.
AND HA FRIDGE
OWNER: ROGER J. FRIDGE CHARLENE S. G
y4, 111,cd
Roger J, Fridge v Charlene S. Fridge
Date: ..)
ATTEST: ddriwij Je;140•K. BOARD OF COUNTY COMMISSIONERS
Weld C• ty Clerk to the Bo d WELD COUNTY, COLORADO
BY: � _��� �.J "�. �l � ` : ,�'t -
Deputy Cle to the Boar Mike Freeman, Chair JAN1 8 2016
APPROVED AS TO F I fit « �G PPROVED AS T TANCE:
w
Controller ( Elect cial or Department Head
APPROVED AS TO FORM: Al/A
Director of General Services
PS eV(AL-ta ,
County Attorney
4174809 Pages: 5 of 10
01/22/2016 03:39 PM R Fee:$0.00
Carly Konoes, Clerk and Recorder, Weld County, CO
, 'Y�'�� II
Z:\WELDCNTY\C40#18\PHASE II\WSLS Parcels\(38)Fridge\Compromise Agreement- 12-17-15.docx
0.2-0 .4c24
.._.w _______..........___ ______. ______„.„..„...„,
PHTO EXHIBIT
1If+ der: 'fIFA.'�aF-a�R"� re SW.. l�.aws :f'.- a " - ... --f e . _ i
•• J. as.a,' A• .0c ^^ I!A .CS .. i. .
- r . 4•-,{" '.Yr, 7r . . ■ 1
p ." - .,`... • r1..'y • •• • r _ - .. of,•+t••NS 7•°0 I0400~ •.,`.+t H w►► �61
//jyf" / jPC'``�f�Q•l ° 4.4y. ., 1:, �Y/ ♦ /T AA f a: t. . ard "� ' ✓ t✓•� •. ,� I 7 .,. _
'�' " :, r: ' t4�'' �o.4 #4r O .. • v• E 1 /4 CORNER •{
,..,I� V. V,: 7. -� �` ,� S•13- T3N - Ft�5W
` • la 40' EXISTING RIGHT- OF- WAY • ;F: ;� . �. ,
flt1/40, . !MILTON LAKE ESTATES FIRST FILINGf j r
•
(REC. NO. 1550903)° • °C.:I,
` •
L 1,, itsi;
ze
' . I 0 i jiii. . 1 . `"•-...r- - it.c...;..i.51,44,Hi v.iith15.44;7 >,• -:,•"4/t)lis•-:s.- . .4 .e.Z.ItilliPs:1.•1
(((��IrJJ ,
�f, , 4, ,• _ 'y� � •
. - `,•`+ � .. .ir• ~ '
. • 0
•
. _ x� ' , , ' Afr°'L r. .� i f j, LARRY & '
,�� � : r' 41‘ ,i •
i • } MARY AØV4 /
i -
•�: ri $:
�.,. 4jt /
xMADISON• 3 • CHARLENE S . FRIDGE & is
i ROGER J . FRIDGE ri. _ .: Ol, .
Oft J
", 0•, V e • "IlL : .• g - 0 i t SW 1/4 t ' .
„toil. ,,i: • 4 +' ' r .. _ '`. . // S18-T3N-R64W'
y •M` a •
✓ f . .• � SE•` �/w -'"".�f ;a►fl v'a'wr[ ��,, ' - - •• • -
:.:` it S 13-T3N -R65W�
` ttt''' ; ` y i •
50' EXISTING RIGHT- OF- WAY
ik' ' t 4 MILTON LAKE ESTATES FIRST FILING : ' t
-
y (REC. NO. 1550903)( IV/ :
-
M
ADDITIONAL RIGHT— OF— WAY • ., ! ;' � r•
17, 615s. f. f OR 0. 404ac. f �.
•
• (/ .re . N
./ • "4 41•4.-. •
. . , 0 IV , .
•
•
2O' TEMPORARY EASEMENTS ,.: ;/ - :. ,. '
i 16, 838s. f. ± OR O. 387ac. ±, JO it/ . .
. c. . e
, 1, / 00( . -
• . . . i ..,, t/11 iii.)ØtVH
of
- I i.1' Y FRANK W. . . 4• ' t
.:
CASSANO SANO I la :
* « . _
i4- S . r P t Or: J . jtl'.I•• -
° • i -•. w ry :' n-••;•_ ,
l .
t:, '" rT 4- - , .. i r ' ..4 g 4
o- SE CORNER
q> 43 i+. in r Is—t• .I . ° ; �f w• r f S13— T3N— R65W s.
fitc„.,-, Y- fit' @`'jj * 3 t' ..�t i�'-' � - *� ''.e.- ,1 ,_`J� 4 , d � �' . _ , . t ' _
ii .mss- •'.G ti2L... , • r '.^• _ r, t71 4 4L-,. 3. s1 a'
gr�. WELD COUNTY DEPARTMENT
PHOTO EXHIBIT (S. r, ✓ OF PUBLIC WORKS
i. � PROJECT
1 ► WCR 49 CORRIDOR
BETWEEN WCR(s) 32 & 34
FRIDGE
WCR 9 KING SURvvvORs PROJECT NO : SRP-26 SCALE : 1 '1=150'
65() E. Garden Drive I \\-ind≤or, Colorado 80 531) - -
WELD COUNTY. COLORADO ! plum : (970) 686-5011 I entail: info@KingSun.(vors.coni DATE : 5 - 11 - 15 DRAWN BY: CDI, I SHEET : l of 1
4174809 Pages : 6 of 10
01 / 22 / 2016 03 : 39 PM R Fee : $0 . 00
Carly Koppes , Clerk and Recorder , Weld County , CO
Ill iiiWillidElliPilijIMII4heir: 111T
EXHIBIT-A
38-FRIDGE-ROW
PROPERTY DESCRIPTION
A parcel of land being part of Lots 21 and 22, 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 Thirteen (13), 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 13 and assuming the Eost line of the Southeast
Quarter (SE1/4) of said Section 13, being monumentalized by a #6 rebar with a 3 j4" diameter aluminum cap
stamped "199?" (LS# is illegible) at the North end and by a #6 rebar with a 2 ;I" diameter aluminum cap
stamped "Greenhorne & O'Mara" (year and LS# are illegible) at the South end, as bearing South 0018'47" East,
being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983,
a distance of 2649.68 feet, with all other bearings contained herein relative thereto:
THENCE South 0018'47" East along the East line of the Southeast Quarter (SE1/4) of said Section 13 a
distance of 898.67 feet to the intersection with the Easterly extension of the South line of that parcel of land
described in that Warranty Deed recorded September 10, 1990 as Reception No. 02226793 of the records of the
Weld County Clerk and Recorder;
THENCE South 89'41'13" West along said Easterly extension a distance of 50.00 feet to the Southeast corner of
that parcel of land described in said Warranty Deed, said point lying on the East line of said Lot 22, sold point
being the POINT OF BEGINNING;
THENCE continuing South 89'41'13" West along the South line of that parcel of land described in said Warranty
Deed a distance of 20.68 feet to the beginning point of a curve, said curve being non—tangent to aforesaid
line;
THENCE along the arc of said curve which is concave to the East a distance of 106.31 feet to a Point of
Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 00'23'10" and a long chord
bearing North 00'32'30" West a distance of 106.31 feet;
THENCE North 00'20'55" West a distance of 464.89 feet to a Point of Curvature (PC);
THENCE along the arc of a curve which is concave to the West a distance of 260.61 feet to the Northeasterly
line of said Lot 21, said curve having a radius of 15630.00 feet, a central angle of 00'57'19" and a long chord
bearing North 00'49'35" West a distance of 260.61 feet;
THENCE South 45'32'54" East along the Northeasterly line of said Lot 21 a distance of 33.42 feet to the East
line of said Lot 21;
THENCE South 00'18'47" East along the East line of said Lot 21 and the East line of said Lot 22 a distance of
808.26 feet to the POINT OF BEGINNING.
Said parcel of land contains 17,615 sq. ft. or 0.404 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 parcel of land.
O l 1
aQ 0 C 1,1i
417,7
a ; 38106 y o
-1'4•
613•20Iga•
l%ON,4I LANs
���7%.+�..
Michael Chad Dilka — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
WELD COUNTY DEPARTMENT
RIGHT OF WAY
OIT ON OF PUBLIC WORKS
►1
WCR 49 CORRIDOR PROJECT
'
BETWEEN WCR(s)32&34
FRIDGE
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A
WELD COLORADO 650 E.Carden Drive I Windsor,Colorado 80550
COUNTY, phone:(070)686-5011 l email info@KingSun'ey-ors.com DATE: 5-1.1-15 DRAWN BY: CDL SHEET: 1 of 2
4174809 Pages: 7 of 10
01/22/2016 03:39 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII���1�'lfiP �iF h� FY1�M�f�� 'MAIM
EXHIBIT-A
af,j� s ✓1j1 /f �r'i :/+iz');77..,/,'"/".,"7-';'/;;;%.7,— r,,.f. 4 {
'1;'-lr%�i. ,,9.4,.. f�:i.,. � �: f ,f i% ,�!% l E 1/4 CORNER
�/ji f Sec.13, T.3N., R.65W.
40' EXISTING RIGHT-OF-WAY .6"/mss` I FOUND #6 REBAR WITH
MILTON LAKE ESTATES �`%�' 1 t 3.25" ALUMINUM CAP,
1,� i
FIRST FILING , 'f;m i ILLEGIBLE, 199X
(REC. NO. 1550903) CO'
co . POINT OF COMMENCEMENT
r '?W
iI I
�� I: I
Mr f • {
N
CHARLENE S. FRIDGE& U : a.'
ROGER J. FRIDGE , ,o i NOTICE
o :1 LARRY&
PARC.#121313401013 " ''tn I I According to Colorado law you must
.si �" MARY A. commence any legal action based upon
RECP.#2226793 :':4 i MADISON any defect In this survey within throe years
after you first discover such defect. In no
i0 , II I event may any action based upon any
s 01.<,7 I defect in this survey be commenced more
zd%% I I than ten years from the date of the
50' EXISTING RIGHT—OF—WAY coo I SW 1/4 certification shown hereon. (13-50-105
MILTON LAKE ESTATES FIRST FILING I 516-T3N-R64W C.R.S. 2012)
(REC. NO. 1550903) -0 W.r , '..f; I
I i ! NOTE: This exhibit drawing Is not Intended
• . to be a monumentalized land survey. It's
rn '� T1! I sole purpose is as a graphic representation
O,d to aid in the visualization of the written
SE 1/4 n �,y o.;,/„,/ i I property description which it accompanies.
S13-T3N-R65W N The written property description supersedes
i I the exhibit drawing.
g I,
`` f, co(e,
20'DRAINAGE AND UAUTY EASEMENT ,' %f!s%''. 0 z I
10' ON EACH SIDE OF LOT LINE b f m
FROM MILTON LAKE ESTATES FIRST FILING]
c 1 f N w
co
(REC. Na1550903) z --3 ��,� o
_. _. . ,f, LINE TABLE
i ., o a LINE BEARING LENGTH
ADDITIONAL RIGHT—OF—WAY //`; o CO
17,615s.f.± OR 0.404ac.f '''' 1n`-, L1 S89'41'13"W 50.00'
. I I I L2 S89'41 13 W 20.68'
'!' II I L3 S45'32'54"E 33.42'
POINT OF BEGINNING v 'f''f
;,? IL2 L1 •
FRANK W. i
CASSANO I I
I jr. I .
SE CORNER'
Sec.13, T.3N., R.65W. . CURVE TABLE
FOUND #6 REBAR WITH
2.5" ALUMINUM CAP, ILLEGIBLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING
IN MONUMENT BOX c1 106.31' 15770.00' 0'23'10" 106.31' N00'32'30'W
C2 260.61' 15630.00' 0'57'19" 260.61' N00'49'35'W
RIGHT OF WAY .n . WELD COUNTY DEPARTMENT
ACQUISITION to P".. OF PUBLIC WORKS
RW 38 ,� ► . WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)32&34
FRIDGE
KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150'
WCR 49 650 E.Garden Drive I Windsor,Colorado 80550
WELD COUNTY,COLORADO phone:(970)686-5011 I email:i"1 ngS"meynrs ram
DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 oft
4174809 Pages: 8 of 10
01/22/2016 03:39 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, Co
uIII W' r !I. a "1Gi'twlkrAll0.11.11fiii :iii, Ill III
EXHIBIT-B
38-FRIDGE-TE
PROPERTY DESCRIPTION
A strip of land, Twenty (20) feet in width, being part of Lots 21 and 22, 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 Thirteen (13), 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 13 and assuming the East line of the Southeast
Quarter (SE1/4) of said Section 13, being monumentolized by a #6 rebar with a 3 )4" diameter aluminum cop stamped
`199?" (LS# is illegible) at the North end and by a #6 rebar with a 2 34" diameter aluminum cap stamped `Greenhorne
& O'Mara" (year and LS# are illegible) at the South end, as bearing South 00'18'47" East, being a Grid Bearing of the ,
Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.68 feet, with all
other bearings contained herein relative thereto:
THENCE South 00'18'47" East along the East line of the Southeast Quarter (SE1/4) of said Section 13 a distance of
898.67 feet to the intersection with the Easterly extension of the South line of that parcel of land described in that
Warranty Deed recorded September 10, 1990 as Reception No. 02226793 of the records of the Weld County Clerk and
Recorder;
THENCE South 89'41'13" West along said Easterly extension and along said South line of that parcel of land described in
said Warranty Deed a distance of 70.68 feet to the POINT OF BEGINNING;
THENCE continuing South 89'41'13" West along the South line of that parcel of land described in said Warranty Deed a
distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line;
THENCE along the arc of said curve which is concave to the East a distance of 106.29 feet to a Point of Tangency
(PT), said curve having a radius of 15790.00 feet, a central angle of 00'23'09" and a long chord bearing North
00'32'29" West a distance of 106.29 feet;
THENCE North 0020'55" West a distance of 464.89 feet to a Point of Curvature (PC); .
THENCE along the arc of a curve which is concave to the West a distance of 280.83 feet to the Northeasterly line of
said Lot 21, said curve having a radius of 15610.00 feet, a central angle of 01'01'51" and a long chord bearing North
00'51'50" West a distance of 280.82 feet;
THENCE South 45'32'54" East along the Northeasterly line of said Lot 21 a distance of 28.68 feet to the beginning
point of a curve, said curve being non—tangent to aforesaid line;
THENCE along the arc of said curve which is concave to the West a distance of 260.61 feet to a Point of Tangency
(PT), said curve having a radius of 15630.00 feet, a central angle of 00'57'19" and a long chord bearing South
00'49'35" East a distance of 260.61 feet;
THENCE South 0020'55" East a distance of 464.89 feet to a Point of Curvature (PC);
THENCE along the arc of a curve which is concave to the East a distance of 106.31 feet to the POINT OF BEGINNING,
said curve having a radius of 15770.00 feet, a central angle of 00'23'10" and a long chord bearing South 00'32'30"
East a distance of 106.31 feet;
Said strip of land contains 16,838 sq. ft. or 0.387 acre, more or less (t), and may be subject to any rights—of—way
or other easements of record or as now existing on said described strip of land.
O
�-•,P-... ... y ,11
r
s',
w 381.06 �soA io
hwSs/o®c.b...c..a° cj`'..'"
Michael Chad Dilka — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
WELD COUNTY DEPARTMENT
TEMPORARY EASEMENT 44�;.i OF PUBLIC WORKS
ACQUISITION t,�� 674WCR 49 CORRIDOR PROJECT
TE-38 \\
BETWEEN WCR(s)32&34
FRIDGE
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A
650 E.Gardrn Dice I Windsor,Colorado 80550
WELD COUNTY.COLORADO phone:(97(Q 686.5(111 I cm&infoa@KingSsuvcyors.con' DATE: 5-11-15 DRAWN BY: CDL SHEET: 1 of 2
4174809 Pages: 9 of 10
01/22/2016 03:39 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County; CO
1111r1raRaMo,rowlionm$nim.+l lily), 11111
EXHIBIT-B
- -- - - .
I E 1/4 CORNER
--- 40' EXISTING RIGHT-OF-WAY („),� Sec.13,
FOUND #6 REBAR WITH
MILTON LAKE ESTATES h( I I 3.25" ALUMINUM CAP,
FIRST FILING ILLEGIBLE, 199X
(REC. NO. 1550903) ai IN MONUMENT BOX
1 coo: I' POINT OF COMMENCEMENT
N , �; • II I
U U WI li 1
CHARLENE S. FRIDGE& Po. II
ROGER J. FRIDGE ?f, l o i{ LARRY& Mix
PARC.#121313401013 I Accordsng I I MARY A. commenc to Colorado law e any legal action youbaseedu st
upon
RECP.#2226793 VI I MADISON any defect in this survey within three years
f 1 after you first discover such defect. In no
I event may any action based upon any
II I SW 1/4 defect in this survey be commenced more
i
Ithan ten years from the dote of the
50' EXISTING RIGHT-OF-WAY ( certification shown hereon. (13-80-105
MILTON LAKE ESTATES FIRST FILING 518-T3N-R64W C.R.S. 2012)
(REC. NO. 1550903) i .. I
I NOTE: This exhibit drawing is not Intended
I 03
1 to be a monumentalized land survey. It's
d '''" I ( sole purpose Is as a qraphic representation
SE 1/4 * to old in the vhwaiization of the written
S13-73N-R65W i I
I I property description which It accompanies.
The written property description supersedes
ii ; i'I • i I I the exhibit drawing.
IR IT
20' DRAINAGE AND UTILITY EASEMENT ° - .1 (0)z
10' ON EACH SIDE OF LOT LINE8 0 0:
FROM MILTON LAKE ESTATES FIRST RUNG z `' .N co
(REC. NO. 1550903) w 00
}_ . ._ * N i LINE TABLE
I
20' TEMPORARY EASEMENT F I m
LINE BEARING LENGTH
16,838s.f.t OR 0.387ac.t III
I`� I L1 S89'41'13"W 70.68'
I L2 S89'41'13"W 20.00'
V i" 0 1 I i I ! L3 N45'32'54"W 28.68'
POINT OF BEGINNING . i L2 I L1 • i
FRANK W. I
i I
CASSANO I
I II I CURVE TABLE
SE CORNER'
Sec.13, T.3N., R.65W. CURVE LENGTH RADIUS DELTA CHORD CH BEARING
FOUND #6 REBAR WITH c1 108.29' 15790.00' 0'23'09' 108.29' NOO'32'29"W
2.5" ALUMINUM CAP, ILLEGIBLE C2 280.83' 15810.00' 1'01'51' 280.82' N00'51'50'W
IN MONUMENT BOX
-
C3 260.61' 15630.00' 0'57'19" 280.61' so0•49'351
C4 106.31' 15770.00' 0'23'10' 106.31' S00'32'30"E
TEMPORARY EASEMENT .A. WELD COUNTY DEPARTMENT
ACQUISITION 4a pI OF PUBLIC WORKS
40 �rIli, ,:i. WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)32&34
FRIDGE
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150'
WELD COUNTY,COLORADO 650 E.Garden Dove I Windsor,Colorado 80550
phone:(970)686-5011 I ema infoO1Cingsnneyoes.eom DATE: 5-11-15 I DRAWN BY: CDL I SHEET: 2 of 2
4174809 Pages: 10 of 10
01/22/2016 03:39 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
lIII kir iNITEVIVGR4rL I hJl'l M4:IV:I'irki Id Ili II
1s6Y MEMORANDUM
3/2016, ,Ft r �� TO: Clerk to the Board DATE: 2/2
s o 'N Y� , RECEIVED
FROM: Tiffane Johnson
Public Works Department FEB 2 4 2016
SUBJECT: Consent Agenda Item WELD COUNTY
COMMISSIONERS
RE: Doc#2016-0207
Warranty Deed with Roger J.and Charlene S.Fridge for improvements to WCR 49 between WCRs
32 & 34.
M:\Francie\AGENDA memos\Agenda-WarrantyDeed.doc
losu)C—O— 1
J
jfks9.O-
c9 .3/g42-014
WARRANTY DEED
THIS DEED made this 07gr1 day ofj A 20/(P, between Roger J. Fridge and
Charlene S. Fridge, whose address is 15417 Weld Cou 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 "0" 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: 15417 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.
4185185 Pages: 1 of 5 0206 - .0020 7
03/02/2016 03:55 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
IIIII IOW NWI W.W.IIdI'i l,RTQIii:i Viii, BM
/IN ITNESS THEREOF the grantor has executed this deed on the date set forth above.
•
Roger J. ridge
r-461AAW_, ,4(1,L,t)
Charlene S. Fridge
g
State of Colorado )
)ss.
County of Weld )
The foregoing instrument was acknowledged before me this - day of CO 20 l‘,
by Roger J. Fridge and Charlene S. Fridge.
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: October 7, 2019
4185185 Pages: 2 of 5
03/02/2016 03:55 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this day of ' , 2016.
•
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
E,La
B . — .e► ty Clerk to the Board " ta*:1': '' J Mike Freeman, Chair g 2016
BOARD OF COUNTY FEB 2
Ii I� COMMISSIONER
'''A•.-r OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD )
he foregoing instrument was acknowledged before me this day of
2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS
OF THE CO Y OF WELD.
Witness my hand and official seal.
Notary Pu c
My commission expires: g//9/c>11)/(/ CHERYL LYNN HOFFMAN
NOTAi st io-va; .IC
STATE OF COii.O iADO
NOTARY ID 20144J48J44
MY COMMISSION LXPIR€S i EC. 19, 2018
03/02/4185185 Pages:: 3 ofee 5 02 /4t,' -oao
03/02/2016 03:55 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
iv I raW il IAI UNRICKairLY4rh 1I II1
EXHIBIT-A
8—FRIDGE-ROW
PROPERTY DESCRIPTION
A parcel of land being part of Lots 21 and 22, Milton Lake Estates First Fling, 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 Thirteen (13). 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, aid being more particularly described as follows:
COMMENCING at the East Quarter (E1/4) corner of said Section 13 and assuming the East line of the Southeast
Quarter (SE1/4) of said Section 13, being monumentolized by o #6 rebar with a 3 l4" diameter aluminum cap
stamped "1997" (LS# Is illegible) at the North end and by a #6 rebar with a 2 J" diameter aluminum cop
stamped 'Greenhome & O'Mara" (year and LS# are illegible) at the South end, as bearing South 0018'47" East,
being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum
m 1983,
a distance of 2649.68 feet, with all other bearings contained herein relative thereto:
THENCE South 0018'47" East along the East line of the Southeast Quarter (SE1/4) of sold Section 13 a
distance of 898.67 feet to the intersection with the Easterly extension of the South line of that parcel of land
described in that Warranty Deed recorded September 10, 1990 as Reception No. 02226793 of the records of the
Weld County Clerk and Recorder;
THENCE South 89'41'13" West alo
ng said Easterly extension a distanceof an 50.00 feet to the Southeast corner of
that parcel of land described in sold Warranty Deed, said point lying on the East line of said Lot 22, said point
being the POINT OF BEGINNING;
THENCE continuing South 89'41'13" West along the South line of that parcel of land described In sold Warranty
Deed a distance of 20.68 feet to the beginning point of a curve, said curve being non—tangent to aforesaid
line;
THENCE along the arc of said curve which is concave to the East a distance of 106.31 feet to a Point of
Tangency (PT), sold curve having a radius of 15770.00 feet, a central angle of 00'23'10" and a long chord
bearing North 00'32'30" West a distance of 106.31 feet;
THENCE North 00'20'55" West a distance of 464.89 feet to a Point of Curvature (PC);
THENCE along the arc of a curve which is concave to the West a distance of 260.61 feet to the Northeasterly
line of said Lot 21, said curve having a radius of 15630.00 feet, a central angle of 00'5719" and a long chord
bearing North 00'49'35" West a distance of 260.61 feet;
THENCE South 45'32'54" East along the Northeasterly line of said Lot 21 a distance of 33.42 feet to the East
line of said Lot 21;
THENCE South 00'18'47" East along the East line of said Lot 21 and the East line of said Lot 22 a distance of
808.26 feet to the POINT OF BEGINNING.
Said parcel of land contains 17,615 sq. ft. or 0.404 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 parcel of land.
or,t ,
i `O 3$146 'cc
o
ti
Michael Chad Dilko — On Behalf Of King Surveyors
Colorado Licensed Professional Land Surveyor #38106
WELD COUNTY DEPARTMENT
RIGHT
ACQUISI ON it 0 OF PUBLIC WORKS
Rw-as �� ► WCR 49 CORRIDOR PROJECT
BETWEEN WCR(s)32&34
FRIDGE
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE:N/A
WELD COUNTY COLORADO 650 E.Garden Drive I R ind,o.,Cobr,do Bosco
phooc:(970)606.5011 I em,ik i.i ngru,vcpoecQm DATE: 5-11.15 DRAWN BY: CDL SHEET: i of 2
4185185 Pages: 4 of 5
03/02/2016 03:55 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Aid III III
EXHIBIT-A
`/ ,,.. '/r'f r'ffr'.'�,✓/ , / [ E 1/4 CORNER
Sec.13, T.3N., R.65W.
40' EXISTING RIGHT-OF-WAY FOUND #6 REBAR WITH
MILTON LAKE ESTATES ,•'r' I 3:25" ALUMINUM CAP,
-FIRST FILING �; ,'m 11 ILLEGIBLE, 199X
(REC. NO. 1550903) rz.6gI IN UMENT BOX
POINTNOF COMMENCEMENT
tw II
CHARLENE S. FRIDGE& Li F':r� ! !
ROGER J. FRIDGE °':'�
MIME
PARC.#121313401013 l LARRY& Colorado law you> ca,I MARY A. According
ony Wool action boa dupon
RECP.#2226793 MADISON any detect in 6►l. *foot. I y°°r'
�� after you Ikst dM°owr such dshot. In ero
N I 0 I event detect may n Ude sy hy hosed
more
I
than ten years from the data of the
50' EXISTING RIGHT—OF—WAY : I sw U4 certification shown hereon. (13-80-105
MILTON LAKE ESTATES FIRST FILING sIs-T3N-R64W C.R.S. 2012)
(REC. NO. 1550903) , �•g
+ ,41/g' NOTE: This exhibit drawing Is not Intended
to be a monumentollzed land sunny, It's
a ° l soleIs as a
SE 1/4 °0 0 to old purposeIn the v as atto t i M'therrkten
S13-T3N R65W j / ito won odPF whkc p o0
%, eta exhibit d y description supersedes
20'DRAINAGE AND UTILITY EASEMENT ;,• of_
10 ON EACH SIDE OF LOT LINE /` ro
FROM MILTON LAKE ESTATES'FIRST FILING `�
_. ..(REC. NO. 1550903) xOki 0D
Z I,. LINE TABLE
�' $i LINE BEARING LENGTH
ADDITIONAL RIGHT—OF—WAY `,� rn
17,615s.f.± OR 0.404oc.± " ,
'''%� L1 S89'41 13 W 50.00
f7_4 II( L2 SB9'41'13"W 20.68'
i
Ij . 1 I L3 S45'32'54"E 33.42'
POINT OF BEGINNING
I.* h
L2 L1 •
FRANK W. I I
CASSANO 1 I
I jr. I I
SE CORNER;
Sec.13, T.3N., R.65W. . CURVE TABLE
FOUND X16 REBAR WITH
2,5" ALUMINUM CAP, ILLEGIBLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING
IN MONUMENT BOX C1 106.31' 15770.00' 0'23'10• 106.31' NOO'32'30"W
C2 260.61' 15630.00' 0'57'19" 260.61' NOOO'40'35'W
WELD COUNTY DEPARTMENT
ACQUISITION 4a 0 OF PUBLIC WORKS
1 %I 1 i WCR 49 CORRIDOR PROJECT
�
BETWEEN WCR(s)32&34
FRIDGE
WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150'
ME.Carden Drive I Wmdroe,Cokepdo 80550
WELD COUNTY,COLORADO phone.(970)686-5011 I email:infolunxfnrnrom DATE: 5-11-15 DRAWN BY: CDL SHEET: 2 of 2 -
4185185 Pages: 5 of 5
03/02/2016 03:55 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
uIIIF."Nil'ItrillIfil.IINi KitifiVIIPTVC.iid,'IY4rh II III
Hello