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Home My WebLink About20161070.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY, AND PERMANENT UTILITY EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION OF COUNTY ROAD 47 AND STATE HIGHWAY 392 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -WAKE, LLLP 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 Concerning the Purchase of Public Road Right-of-Way and Permanent Utility Easement for Certain Improvements to the Intersection of County Road 47 and State Highway 392 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 Wake, LLLP, 801 S. 8th Street, Suite 220, Greeley, Colorado 80631, 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 Permanent Utiltiy Easement for Certain Improvements to the Intersection of County Road 47 and State Highway 392 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 Wake, LLLP, 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. e% ,)(-r1) e-) I 2016-1070 " (' EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO THE INTERSECTION OF COUNTY ROAD 47 AND STATE HIGHWAY 392 -WAKE, LLLP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of March, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddrAdA) D; Mike Freeman, Chair Weld County Clerk to the Board4f c , Sean P. Conway, Pro-Tem BY: �j Depu Clerk to the Board (� Juli- A. Cozad & ara Kirkmeyer ounty AttorneyISM ,fi`":•, �� Moreno Date of signature: Ig6/11.19 2016-1070 EG0073 1861 MEMORANDUM I7 . TO: Clerk to the Board DATE: 3/17/2016 .- — _uNT `( FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item Agreement for the Purchase of Public Road Right-of-Way and Permanent Utility Easement for improvements to intersection of WCR 47 and SH 392 with Wake, LLLP. RECEIVED MAR 18 2016 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-Tiff-I.doc 2016-1070 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND PERMANENT UTILITY EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION OF WELD COUNTY ROAD 47 AT STATE HIGHWAY 392 BETWEEN WAKE, LLLP.,A COLORDO LIMITED LIABILITY LIMITED PARTNERSHIP AND WELD COUNTY, COLORADO THIS AGREEMENT is made this ao3°day of ,2016,by and Wake,LLLP.,a Colorado Limited Liability Limited Partnership, whose a ress is 801 S. 8th Street Suite 220 Greeley,CO 80631,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- Parcel Number RW-5 and Exhibit A-Parcel Number RW-5 A (hereinafter referred to as"Public Road Right-of-Way"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit A- Parcel UE-5 (hereinafter referred to as the "Utility Easement"), and WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld County Road 47(hereinafter"WCR 47"),and State Highway 392(hereinafter"SH 392"),which will involve the realignment and construction of said roads, (hereinafter referred to as "Intersection Improvement 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 Intersection Improvement Project, and WHEREAS,County requires the Utility Easement for the benefit of the North Weld County Water District(hereinafter"NWCWD"), in order to accommodate the relocation of existing water facilities owned by NWCWD, 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 and County agrees to purchase the Public Road Right-of-Way as shown and/or described on Exhibit A-Parcel Number RW-5 to CDOT and Exhibit A-Parcel Number RW-5 A to the County copies of which are attached hereto and made a part hereof by this reference), for the sum of Three Thousand Three 4191684 Pages: 1 of 17 '0 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 1��iMilfi'I MINIVIlIMIM IIIIMI'ikY4Ii 11111 O2O/ _ t°7e2 Page 2 of 5 Hundred and Eighty Dollars,($3,380.00).The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees sell and County agrees to purchase the Utility Easement to NWCWD 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 Seven Hundred Thirty Dollars ($2,730.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner warrants that they are the Owner of the Public Road Rights-of-Way and Utility Easement and will defend title thereto against all claims. 4. Owner agrees to grant the Public Road Right-of-Way parcels to the County and CDOT respectively, by General Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 5. Owner agrees to grant the Utility Easement to NWCWD by Easement, in the form attached hereto as Exhibit"D",free and clear of all liens and encumbrances,except existing easements. 6. Owner shall retain the mineral estate under the Public Road Right-of-Way,the Utility Easement, and shall also retain any water rights currently attached to or associated with the Public Right-of-Way, and the Utility Easement. 7. Owner shall deliver the fully executed General Warranty Deed for the Public Road Right-of-Way and the fully executed NWCWD Utility Easement to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 8. Owner shall pay any encumbrance associated with the Public Road Right-of-Way,the Utility 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 MN and penalties thereon), on or before the date of closing when Owner delivers the General Warranty Deeds to County and CDOT and the Easement to NWCWD. 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, Utility Easement. r m�1 r m3 COUNTY'S RIGHTS AND RESPONSIBILITIES: . LV d ° 1. County shall pay for the cost of obtaining title insurance if County desires to obtain ce title insurance for the Public Road Right-of-Way, and the Utility Easement. am J* 2. County shall pay all fees associated with recording this Agreement and / or the CD ` General Warranty Deed. CO �"a4 033 N 0 B c4 M� M:\Tiffane\_PROJEC 47 AND 392 INTERSECTION\Johnson\Agreement for Purchase 3 16 2016.doc Page 3 of 5 3. County shall pay Owner for the Public Road Right-of-Way,the Utility Easement,on behalf of NWCWD, by County warrant(s) at the date of closing. 4. County shall at closing pay to Owner Thirty Six Thousand Three Hundred Fifty One Dollars ($36,351.00) for Owner to replace the existing concrete ditch outside the new right of way. MISCELLANEOUS: 1. Following the closing, it is expressly agreed by the parties hereto that County, its contractors,agents,employees and all others deemed necessary by County,shall have the irrevocable right to possess and use said Public Road Right-of-Way and the Utility Easement for the purposes of constructing the Road Improvement Project,and for its daily operation,access and maintenance.Theses conveyances shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth,and storage of material and machinery upon such Public Road Right-of-Way and Utility Easement as may be useful and necessary 2. This Agreement and the transfers of the Public Road Right-of-Way and Utility 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. 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 i 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. 3 O m- 6. It is expressly understood and agreed that the enforcement of the terms and m 3 y conditions of this Agreement, and all rights of action relating to such enforcement, v-0-- shall be strictly reserved to the undersigned parties and nothing in this Agreement °LL shall give or allow any claim or right of action whatsoever by any other person not M included in this Agreement. It is the express intention of the undersigned parties that 0,10.03M M any entity other than the undersigned parties receiving services or benefits under this a m iv• Agreement shall be an incidental beneficiary only. rV) mU�f �dX co etc o M a M:\Tiffane\ PROJECT'S\CR 47 AND 392 INTERSECTION\Johnson\Agreement for Purchase 3 16 2016.doc M Page 4 of 5 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4191684 Pages: 4 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III l �1R'�J�II�L'I+�I��L''�'��h.4�Ra�Kh LAN�1 k'i I' II III M:\Tiffane\_PROJECTS\CR 47 AND 392 INTERSECTION\Johnson\Agreement for Purchase 3 16 2016.doc Page 5 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Wake, LLLP., a Colorado Limited Liability Limited Partnership By: ATTEST: dddlea ,�i. 4to•. BOARD OF COUNTY COMMISSIONERS Weld Co. ty Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Cle j to the B;r � �j ike Freeman, Chair MAR 2 S 2016 a. 442 1861 e;' �1 APPROVED AS TO FUN �APPROVED AS TQ-SUB ANCE: -04.1- /"`^4� - Controller Ele ediVi6ial or Depaf(ment Head APP OVED S TO FORt.1\44.,:‘,..___ ]VIA _ Director of General Services County Attorney 4191684 Pages: 5 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO •iii��1�'��'4��'P�I� 4�+��'I� I�r� �tl� 1 141��h ��III M:\Tiffane\_PROJECTS\CR 47 AND 392 INTERSECTION\Johnson\Agreement for Purchase 3 16 2016.doc p20/4— /07� COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-5 STA. 127+19.94 Rt. to STA. 140+24.99 Lt. (SH 392Align.) FROM Wake LLP, Reception No. 667363 12-28-2009 801 S. 8th Street Suite 220 Greeley, CO 80631-3900 FOR Project Code: 19891 Project Number: STM C030-056 Location: Weld County Road 47 at State Highway 392 4191684 Pages: 6 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co gill kir.M110,1.74 fil'EkiiiIIMPli1YCi ,YialI III EXHIBIT"A" PROJECT CODE: 19891 PROJECT NUMBER: STM C030-056 PARCEL NUMBER: RW-5 DATE: FEBRUARY 24,2015 LEGAL DESCRIPTION A tract or parcel of land No. RW-5 of the Department of Transportation, State of Colorado,Project Code 19891,Project Number STM C030-056, containing 0.522 acres,more or less,in Lot B of the Recorded Exemption No. RE-410,located in the West Half of the Northwest Quarter of Section 24, Township 6 North,Range 65 West, of the 6th Principal Meridian,in Weld County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the Northwest corner of said Section 24, (whence the North Quarter corner of Section 24, Township 6 North,Township 65 West, of the 6th Principal Meridian bears North 89°38'02"East, a distance of 2,610.61 feet); Thence South 89°00'20" East, a distance of 1,305.69 feet to the POINT OF BEGINNING, said point lying on the southerly Right of Way line of State Highway 392; 1. Thence South 00°21'58" East, a distance of 14.00 feet; 2. Thence South 89°38'02"West, a distance of 1204.92 feet; 3. Thence South 44°47'47" West,a distance of 97.86 feet; 4. Thence South 89°38'02" West, a distance of 30.00 feet; 5. Thence North 00°52'23" West, a distance of 83.00 feet; 6. Thence North 89°38'02" East, a distance of 1305.05 feet,more or less to the POINT OF BEGINNING. The above described parcel contains 22,750 S.F. (0.522) acres,more or less. Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of N34°43'30" E. from Densification point "B 414" (steelrod encased in a pvc pipe)to HARN point"Dewey" (metal pipe and cap). The survey data was obtained from Global Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). 4o Lir 1t For and on behalf of the %o‘' .G Vat?/*y•'cF I Atkins North America, Inc. i .' `ro. �i� Eric Christianson, PLS 37077 : �: i 37077 � (702) 263-7275 of �e ; ••1i/ 2270 Corporate Circle, Suite 200 lto�' ... ,�� jyr Henderson,NV 89074 a `.k, p4`di 4191684 Pages: 7 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII' F'fJ�IIaL� 'G J'Fti�ihr'�� K9�� i �4rh 11111 RW-5 (Real World) Point of Beginning: North: 418810.8582' East: 246693.0356' Segment#1 : Line Course: SOO°21'58"E Length: 14.00' North: 418796.8585' East: 246693.1250' Segment#2 : Line Course: S89°38'02"W Length: 1204.92' North: 418789.1622' East: 245488.2305' Segment#3 : Line Course: S44°47'47"W Length: 97.86' North: 418719.7204' East: 245419.2804' Segment#4 : Line Course: S89° 38'02"W Length: 30.00' North: 418719.5288' East: 245389.2799' Segment#5 : Line Course:N00° 52'23"W Length: 83.00' North: 418802.5224' East: 245388.0153' Segment#6 : Line Course:N89° 38'02"E Length: 1305.05' North: 418810.8582' East: 246693.03 56' Perimeter: 2734.83' Area: 22755 Sq. Ft. 4191684 Pages: 8 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 RW-5 (10K) Point of Beginning : North: 10000.0000' East: 10000.0000' Segment#1 : Line Course: SO°21'58"E Length: 14.00' North: 9986.0045' East: 10000.0894' Segment#2 : Line Course: S89°38'02"W Length: 1204.92' North: 9978.3053' East: 8795.1940' Segment#3 : Line Course: S44°47'47"W Length: 97.86' North: 9908.8623' East: 8726.2429' Segment#4 : Line Course: S89°38'02"W Length: 30.00' North: 9908.6706' East: 8696.2435' Segment#5 : Line Course:NO°52'23"W Length: 83.00' North: 9991.6610' East: 8694.9788' Segment#6 : Line Course:N89°38'02"E Length: 1305.05' North: 10000.0000' East: 10000.0000' Perimeter: 2734.82' Area: 22749.54 Sq. Ft. 4191684 Pages: 9 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III UMllJAM+1.i1IF1AI COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-5A STA. 500+00.00 Rt. to STA. 525+51.38 Rt. (WCR 47 Align.) FROM Wake LLP, Reception No. 667363 12-28-2009 801 S. 8th Street Suite 220 Greeley, CO 80631-3900 FOR Project Code: 19891 Project Number: STM C030-056 Location: Weld County Road 47 at State Highway 392 4191684 Pages: 10 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 EXHIBIT "A" PROJECT CODE: 19891 PROJECT NUMBER: STM C030-056 PARCEL NUMBER: RW-5A DATE: FEBRUARY 24,2015 LEGAL DESCRIPTION A tract or parcel of land No.RW-5A of the Department of Transportation, State of Colorado, Project Code 19891,Project Number STM C030-056, containing 1.747 acres,more or less,located in the West Half of the Northwest Quarter of Section 24,Township 6 North, Range 65 West,of the 6th Principal Meridian,in Weld County, Colorado,said tract or parcel being more particularly described as follows: Commencing at the West Quarter corner of said Section 24, (whence the Northwest corner of Section 24,Township 6 North,Township 65 West, of the 6th Principal Meridian bears North 00°52'23"West, a distance of 2,651.29 feet);Thence North. 89°33'18" East,a distance of 30.00 feet to the POINT OF BEGINNING, said point lying on the easterly Right of Way line of Weld County Road 47; 1. Thence South. 89°33'18"West, a distance of 30.00 feet; 2. Thence North 00°52'23" West, a distance of 2,537.29 feet; 3. Thence North 89°38'02" East, a distance of 30.00 feet; 4. Thence South 00°52'23" East, a distance of 2,537.25 feet,more or less to the POINT OF BEGINNING. The above described parcel contains 76,115 S.F. (1.747) acres,more or less. Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of N34°43'30" E. from Densification point"B 414" (steelrod encased in a pvc pipe)to HARN point"Dewey" (metal pipe and cap). The survey data was obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). s`p�Ap0 L/c4' 1 �O •• RiST/•• For and on behalf of the �► �N 9y�o• a Ills Atkins North America, Inc. Eric Christianson, PLS 37077 3707 (702)263-7275 I��'°o,�• 2270 Corporate Circle, Suite 200 1 . • y:4 ••k� ' j) Henderson,NV 89074 N' = 4191684 Pages: 11 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 �1�'�a� �W�d Piawki,r,AF 11111 • RW-5A(Real World) Point of Beginning: North: 416182.7639' East: 245457.9359' Segment#1 : Line Course: S89°33' 18"W Length: 30.00' North: 416182.5310' East: 245427.9360' Segment#2 : Line Course:N00° 52'23"W Length: 2537.29' North: 418719.5288' East: 245389.2799' Segment#3 : Line Course: N89°38' 02"E Length: 30.00' North: 418719.7204' East: 245419.2804' Segment#4 : Line Course: S00° 52'23"E Length: 2537.25' North: 416182.7639' East: 245457.9359' Perimeter: 5134.55' Area: 1.747acres )9? 4191684 Pages: 12 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 Pd'i Ell;&Pat i. 11111 RW-5A(10K) Point of Beginning : North: 10000.0000' East: 10000.0000' Segment#1 : Line Course: S89°33'18"W Length: 30.00' North: 9999.7670' East: 9970.0012' Segment#2 : Line Course: N0°52'23"W Length: 2537.29' North: 12536.7624' East: 9931.3403' Segment#3 : Line Course:N89°38'02"E Length: 30.00' North: 12536.9541' East: 9961.3397' Segment#4 : Line Course: S0°52'23"E Length: 2537.25' North: 10000.0000' East: 10000.0000' Perimeter: 5134.54' Area: 76115.10 Sq. Ft. 4191684 Pages: 13 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III EIF1OIldioviinciamov,ri:'tI iI III COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number: UE-5- STA. 127+90.18 Rt. to STA. 140+25.27 Rt. (SH 392 Align.) FROM Wake LLP, Reception No. 667363 12-28-2009 801 S. 8th Street Suite 220 Greeley, CO 80631-3900 FOR Project Code: 19891 Project Number: STM C030-056 Location: Weld County Road 47 at State Highway 392 4191684 Pages: 14 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III l .rl' ,'jk�i�f �PUMA'kfirs I iLiflid ■I III EXHIBIT"A" PROJECT CODE: 19891 PROJECT NUMBER: STM C030-056 PARCEL NUMBER: UE-5 DATE: FEBRUARY 24,2015 LEGAL DESCRIPTION A tract or parcel of land No.UE-5 of the Department of Transportation, State of Colorado,Project Code 19891,Project Number STM C030-056, containing 0.840 acres,more or less, in Lot B of the Recorded Exemption No. RE-410,located in the West Half of the Northwest Quarter of Section 24,Township 6 North, Range 65 West,of the 6th Principal Meridian,in Weld County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the Northwest corner of said Section 24, (whence the North Quarter corner of Section 24, Township 6 North,Township 65 West,of the 6th Principal Meridian bears North 89°38'02" East, a distance of 2,610.61 feet); Thence South 88°23'29" East, a distance of 1,306.10 feet to the POINT OF BEGINNING; 1. Thence South 00°21'58" East, a distance of 30.00 feet; 2. Thence South 89°38'02"West, a distance of 1235.09 feet; 3. Thence North 44°47'47" East, a distance of 42.55 feet; 4. Thence North 89°38'02" East, a distance of 1,204.92 feet,more or less to the POINT OF BEGINNING. The above described utility easement contains 36,602 S.F. (0.840) acres,more or less. For the purpose of construction and maintenance of a water line. Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of N34°43'30" E. from Densification point"B 414" (steelrod encased in a pvc pipe)to HARN point"Dewey" (metal pipe and cap). The survey data was obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). O�ppO L/Q.Iht `9‘.•GNRISTt • 'F I For and on behalf of the �� yso• 1I Atkins North America, Inc. / ;'u x• Eric Christianson,PLS 37077 37077 *lac e (702)263-7275 ��+� 0 •• fJ 2270 Corporate Circle, Suite 200 h.// •• '15/117 (� Henderson,NV 89074 �` ��` ��_-1 3 4191684 Pages: 15 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 II UE-5 (Real World) Point of Beginning : North: 418796.8585' East: 246693.1250' Segment#1 : Line Course: S00°21' 58"E Length: 30.00' North: 418766.8591' East: 246693.3166' Segment#2 : Line Course: S89°38' 02"W Length: 1235.09' North: 418758.9701' East: 245458.2522' Segment#3 : Line Course:N44°47'47"E Length: 42.55' North: 418789.1622' East: 245488.2305' Segment#4 : Line Course:N89°38'02"E Length: 1204.92' North: 418796.8585' East: 246693.1250' Perimeter: 2512.56' Area: 0.840acres 4191684 Pages: 16 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Mil MI BM UE-5 (10K) Point of Beginning: North: 10000.0000' East: 10000.0000' Segment#1 : Line Course: S0°21'58"E Length: 30.00' North: 9970.0006' East: 10000.1917' Segment#2 : Line Course: S89°38'02"W Length: 1235.09' North: 9962.1086' East: 8765.1269' Segment#3 : Line Course:N44°47'47"E Length: 42.55' North: 9992.3028' East: 8795.1072' Segment#4 : Line Course:N89°3 8'02"E Length: 1204.92' North: 10000.0020' East: 10000.0026' Perimeter: 2512.56' Area: 36602.48 Sq. Ft. /4-d' 4191684 Pages: 17 of 17 03/30/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld , CO ■iii kirldkra County, i II!a VIVIc II aii viii I MEMORANDUM . TO: Clerk to the Board DATE: 5/31/2016 FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc #2016-1070 RECEIVED WCR 47/State Highway 392 Project Warranty Deed with WAKE, LLLP. MAY 31 2016 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-WarrantYDeed.doc g;(flice ) 2oko /O70 ECG zx)'73 WARRANTY DEED THIS DEED made this 27 IA day of 202.6, between WA E, LLLP. a Colorado Limited Liability Limited rtnership, whose address is 8018' Street Suite 220 Greeley, CO 80631, hereinafter referred to as "Grantor," and COUNTY OF WELD, a body corporate and politic of the State of Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of Colorado, Grantee: WITNESS, that the Grantor, for the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A". Also known as: Vacant Land 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. 4209905 Pages: 1 of 5 06/08/2016 03:38 PM R Fee:$0.00 0 Fee:$0.00 „! Carly Koppes. Clerk and Recorder, Weld County. CO VIII led LKU1,l1 II Ili Ide Ili II II I 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. OWNERS: WAKE, LLLP., a Colorado Limited Liability Limited Partnership By: n As: <e/e/fitttratil State of Colorado ) )ss. County of (A-EC! ) The foregoing instrument was acknowledged before me this 2711, day of A P2/<- , 2016, by A. 32t c 6 Svd�-SOli As (?i34 2Ac- /??2/1-(CA &A m.6/ cccg Owner. Witness my hand and official seal. tieN ary My commission expires: 2- /7 -o)ye o NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064006865 MY COMMISSION EXPIRES 2/17/2018 4209905 Pages: 2 of 5 06/08/2016 03:38 P11 R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County: CO SIIIM��1lIY1iE,ltrl�Nili�I:MiMiL'�iR?�III�V14i.11;I Y4h11111 COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-5A STA. 500+00.00 Rt. to STA. 525+51.38 Rt. (WCR 47 Align.) FROM Wake LLP, Reception No. 667363 12-28-2009 801 S. 8th Street Suite 220 Greeley, CO 80631-3900 FOR Project Code: 19891 Project Number: STM C030-056 Location: Weld County Road 47 at State Highway 392 4209905 Pages: 3 of 5 06/08/2016 03:38 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII M��1N��I�1tiI�M�i�,hl'i +��L'�Kll4'l�Y �I �W h UI II EXHIBIT "A" PROJECT CODE: 19891 PROJECT NUMBER: STM C030-056 PARCEL NUMBER: RW-5A DATE: FEBRUARY 24,2015 LEGAL DESCRIPTION A tract or parcel of land No. RW-5A of the Department of Transportation, State of Colorado, Project Code 19891, Project Number STM C030-056, containing 1.747 acres, more or less, located in the West Half of the Northwest Quarter of Section 24,Township 6 North, Range 65 West, of the 6th Principal Meridian,in Weld County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the West Quarter corner of said Section 24, (whence the Northwest corner of Section 24,Township 6 North,Township 65 West, of the 6th Principal Meridian bears North 00°52'23" West, a distance of 2,651.29 feet);Thence North. 89°33'18" East, a distance of 30.00 feet to the POINT OF BEGINNING, said point lying on the easterly Right of Way line of Weld County Road 47; 1. Thence South. 89°33'18" West, a distance of 30.00 feet; 2. Thence North 00°52'23" West, a distance of 2,537.29 feet; 3. Thence North 89°38'02" East, a distance of 30.00 feet; 4. Thence South 00°52'23" East, a distance of 2,537.25 feet,more or less to the POINT OF BEGINNING. The above described parcel contains 76,115 S.F. (1.747) acres, more or less. Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of N34°43'30" E. from Densification point "B 414" (steelrod encased in a pvc pipe) to HARN point "Dewey" (metal pipe and cap). The survey data was obtained from Global Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). %pD0 1.141%4-tr1 For and on behalf of the t510•Z,AuS{/,py��F�iltt, Atkins North America, Inc. .W ° Eric Christianson, PLS 37077 : 3707 ar 5 (702) 263-7275 i t I 2270 Corporate Circle, Suite 200 IL • •• jRa 5/ Henderson,NV 89074 .,l;�\N, ,` .y3 V 4209905 Pages: 4 of 5 06/08/2016 03:38 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County. CO uiIIk��.rNM�W�'L4 :Ifs;411�,Y1'tli�Z�r i ief�fiYi'r� iiIII 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 wday of June, , 2015. ATTEST: W Beti W ;a, COUNTY OF WELD, A BODY CLERK TO E OARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF STATE OF COLORADO THE COUNTY OF WELD 9,9 •• Eir% Deput Clerk to the Board 1 ."'io . 41 Mike Freeman, Chair Ism •'�z _ %l BOARD OF COUNTY 11/4r i' COMMISSIONER ,illi ' € 2C,' %ili 1 , OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) (((�� The foregoing instrument was acknowledged before me this o' rd day of JP/ 2015 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF E COUNTY OF WELD. 4 Witness my hand and official seal. (-) / Notary Public My commission expires: /c2-P �t CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC, 19, 2018 4209905 Pages: 5 of 5 06/08/2016 03:38 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO ■iIINIFAlIPIIN I+S'I:AIATJ4TAl'ir,liAt1i III III 20/40- /ow) 1. a;V: MEMORANDUM WI`lD C. TO: Clerk and Recorder DATE: June 13, 2016 COLORADO FROM: Tiffane Johnson, Public Works SUBJECT: Item for Recording RE: Doc#2016-1070 Easement and Right-of-Way Agreement with WAKE LLLP This item is submitted for recording. RECEIVED . JUN 1ia:Z21Rm WELD COUNTY COMMISSIONERS • M:\Francie\AGENDA memos\ItemForRecording.docx t ca7�i nA2J JO19 /x07O G-a7-a.o/6 60673 • EASEMENT AND RIGHT-OF-WAY AGREEMENT THIS AGREEMENT is made and entered into as of the .R3" day of F.P(nvti.t.e. v , 2016, by and between Wake LLLP., a Colorado Limited Liability Limited Partnership, whose address is 801 8th Street, Suite 220, Greeley, CO 80631, hereinafter referred to as"the Grantor"and NORTH WELD COUNTY WATER DISTRICT, a Political Subdivision of the State of Colorado, the address of which is 32825 Weld CR 39, Lucerne, CO 80646, hereinafter referred to as "the District". WITNESSETH For and in consideration of the mutual promises and covenants herein contained and the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the Grantor has granted and conveyed and by these presents does grant and convey unto the District, its successors and assigns, a permanent perpetual right-of-way and easement for the installation, construction, maintenance, inspection, operation, replacement or removal of one or more water lines and all underground and surface appurtenances thereto, including metering stations and other fixtures, in, over, across and upon the following described property: See Exhibit A - EASEMENT PROPERTY DESCRIPTION, attached and incorporated herein by this reference as Exhibit "A". The parties hereto acknowledge that said easements and rights-of-way(hereinafter referred to as "the Easement") is located on a parcel of property owned by the Grantor legally described as follows and hereinafter referred to as "the Grantor's Property": See Exhibit "B" attached and incorporated herein by this reference. A parcel of land No. UE-5 of the Department of Transportation,State of Colorado, Project Code 19891, Project Number STM C030-056,containing 0.840 acres, more or less, in Lot B of the Recorded Exemption No. RE-410, located in the West Half of the Northwest Quarter of Section 24,Township 6 North, Range 65 West,of the 6th Principal Meridian, in Weld County,Colorado. 4212135 Pages: 1 of S 06/16/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO El ilk 11111 P:ATKINS\C129#2\WAKE LLLP\EASEMENT AND ROW AGREEMENT FOR NORTH WELD COUNTY WATER DISTRICT 2-22-16.DOC 1 AGREEMENT I. In addition to the foregoing grant of easement and right-of-way by the Grantor to the District, the Grantor further grants and conveys to the District the following rights and privileges. A. The right to grade the Easement for the full width thereof in such a manner as the District may reasonably determine to be necessary or advisable. B. The right to support pipelines located within the Easement across ravines and water courses with such structures as the District shall reasonably determine to be necessary or advisable. C. The right of ingress and egress to and from the Easement by means of existing roads (whether public or private) located on the Grantor's property, if any, or in the absence of such roads, by such other routes as the District shall determine to be reasonably necessary taking into consideration the minimization of damage to the Grantor's Property. Notwithstanding the foregoing, in the event the Grantor's Property is subdivided and in the event roads are dedicated on the plat of such property, which roads provide adequate access to the Easement, then the District's right of ingress and egress over the Grantor's Property to the Easement shall be limited to such dedicated roads. D. The right to grade, construct, maintain and use any private roads upon the Grantor's Property in such a manner as the District may deem necessary or advisable in the exercise of its right of ingress and egress to and from the Easement. E. To install, maintain and use gates or other livestock barriers on all fences which now cross or hereinafter cross the Easement. F. To mark the location of the Easement with markers set in the ground provided that any such markers remaining after the period of construction of the water line and appurtenances shall be placed in locations which will minimize interference with any reasonable use of the Easement area by the Grantor. G. All other rights necessary and incident to the full and complete use and enjoyment of the Easement of the purposes herein granted. II. The Grantor hereby covenants and agrees to and with the District, its successors and assigns, that: A. Except as otherwise provided in this subparagraph A, the Grantor, its heirs, personal representatives, administrators, successors and assigns, shall not erect or place any permanent building, structure, improvement, tree or other landscaping on the Easement. In the event of the placement of such obstacles on the Easement contrary to the provisions of this subparagraph A, the District shall have the right to require the Grantor to remove such obstacles from the Easement and, in the event the Grantor fails to do so upon request, the District may remove such obstacles without any liability for repair or 2. replacement thereof. Notwithstanding the foregoing, the Grantor, its heirs, personal 8a- representatives, administrators, successors and assigns shall have the right, without the consent of the District, to plant grasses and other ground cover and small shrubs upon the a Easement area which are usual and customary for the full use and enjoyment of the Grantor's Property. However, the District shall not be responsible for repair or replacement of any "exotic" plantings, ornamental trees or similar landscaping other than usual and 1Ov's: customary ground covering and shrubs. OQ1 Q113 LLDn& N��J B. Grantor shall have the right to erect or place fencing upon the easement so va�o� „^__± long as such fencing does not cause damage to the pipeline. The District shall have the Nx right to remove said fencing and the duty to reinstall said fencing if such fencing is removed aao l- for any use or operations within the Easement. LLD II) C. Grantor shall have the right to asphalt/pave upon the easement with the >OE District's approval of grading plans and construction of such asphalt surface. The District g"• P:\ATKINS1C129#2\WAKE LLLP\EASEMENT AND ROW AGREEMENT FOR NORTH WELD COUNTY WATER DISTRICT 2-22-16.DOC 2 • shall have the right to remove said asphalt and the duty to patch said asphalt if such asphalt is removed for any use or operations within the Easement. D. The Grantor does covenant and agree to and with the District that the Grantor is lawfully seized of the Easement and the Grantor's Property, and that the Grantor has a good and lawful right to convey the Easement to the District and that the Grantor warrants the title thereto. Grantor has also attached the notarized signatures of any other individual or entity that claims or has any type of legal or equitable interest in the subject property. III. The District does hereby covenant and agree to and with the Grantor as follows: A. The District shall not fence or otherwise enclose the Easement, except during periods of construction and repair. B. All trenches and excavations made in the laying or repairing of the water line shall be properly backfilled and as much of the original surface soils as reasonably possible shall be placed on top. All large gravel, stones and clods will be removed from the finished backfill. The District will finish the backfill after normal settling of the soil so that the use and enjoyment of the Easement by the Grantor shall be suitable for the purpose now used. The District will thereafter be responsible for maintenance of the waterline(s). C. In the event the Grantor's Property is being used for grazing purposes, the District agrees that during the period of construction of the water line, or any subsequent alteration, removal or replacement of said water line, the District will leave or arrange for reasonable crossing over the Easement for cattle and livestock of the Grantor and its tenants and lessees. Further, whenever it becomes necessary for the District, its agents or contractors to cut a fence on the Grantor's Property, the District, shall, at its option, either keep the gate closed or guarded in such a manner so as to prevent the entrance and exit of cattle or livestock through such opening, or construct in any one or more places substantial gates with dual locks and to furnish the Grantor with one set of keys thereto. Before any such fence is cut by the District, the fence shall be braced in order to prevent slackening of wires along the fence in each direction from the District's temporary opening. D. In the event the Grantor's Property is being used for production of any crops which require irrigation at the time the pipeline is constructed as set forth in this Agreement,the District agrees, unless otherwise provided, to install and operate flumes or appropriate crossing devices across the Easement at all times during such construction operations. The District further agrees, unless otherwise provided, not to block dams or obstruct in any manner any irrigation canal, drainage ditches or creeks located on the Grantor's Property and further agrees to replace or repair any levees or banks disturbed or damaged by the activities of the District on the Grantor's Property. E. The District shall pay the fair market value for any crops, fences or livestock of the Grantor, its tenants and lessees, which are damaged or destroyed as a result of the construction, operation and maintenance of the water line. F. To the extent allowed by law, the District shall be liable for loss or damage which shall be caused by any wrongful exercise of the rights of ingress or egress to or from the Easement or by wrongful or negligent acts or omission of its agents or employees • during the course of their employment on the Grantor's property. 0 G. In the event the Grantor's Property contains other utilities including but not limited to other pipelines, drain lines, cables and other appurtenances thereto, the District -� P PPP during agrees that d period g u i g the p no of construction of the proposed water line piping, or during its S operations on the easement for any subsequent alteration, removal or replacement of said m3 water line piping, the District will avoid said other utilities, and will repair any damage to all such utilities which may occur during the Districts' active operations. The District further agrees, to notify the Grantor of the location, size,type and method of all such repairs made °IL°S �m to any buried utilities. Additionally, if the District finds a utility that appears to be .• a4 abandoned, the District shall notify the Grantor and with mutual written agreement, the m0- District may take steps to remove a segment and abandon the existing utility. eery as m m 6 ce•�x ti P:IATKINS1C729#21WAKE LLLP\EASEMENT AND ROW AGREEMENT FOR NORTH WELD COUNTY WATER DISTRICT 2-22-16.DOC a9 aaa 3 ..�-_ 400 IV. District and Grantor further agree as follows: A. In addition to the Easement as described hereinabove, Grantor grants to District a temporary construction easement including the right of ingress and egress on, over and across Grantor' s Property, together with the full right and authority of District, its contractors, agents and employees to enter upon the premises with machinery, trucks, materials, tools and other equipment which may be used or required in the construction of any pipeline(s) to be located on the premises. B. This grant of temporary easement and access shall be an additional thirty feet (30') in width on each side of the above described Easement but this temporary easement shall terminate, unless otherwise agreed in writing, six months after installation of any pipeline(s) across Grantor's Property. Such termination shall have no affect on District's Easement. C. For any future acquisition of a tap or taps, Grantor shall be responsible for complying with District policies, requirements, resolutions, regulations and procedures in effect, including the Supplemental Tap Fee. D. District shall pay Grantor reasonable costs and expenses for any damages to any improvements on the property caused by its use of the rights granted herein. E. Except to the extent that such rights may be inconsistent with or interfere with the rights and privileges herein granted to the District, the Grantor shall retain the right to use and enjoy the Easement. F. The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs, personal representatives, successors or assigns of the parties hereto; and shall constitute covenants running with the title to the lands described hereinabove. G. Whenever used herein, the singular shall include the plural and the plural the singular and the use of any gender shall apply to all genders. 4212135 Pages: 4 of 6 06/16/2016 04:02 PM Carly Fee:$0.00 Koppes, Clerk and Recorder, Wed County, CO VIII MJ.rP1 li4til 104.11,11 r hE4d1d1I ?14��Yk� �I III P:\ATKINS\C129#2\WAKE LLLP\EASEMENT AND ROW AGREEMENT FOR NORTH WELD COUNTY WATER DISTRICT 2-22-16.DOC 4 r IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. GRANTOR: WAKE LLLP., A Colorado Limited Liability Limited Partnership BY: 6471014 1.471 STATE OF COLORADO ) ss. COUNTY OF I1/eI C- / ) Tie foregoing instrument was acknowledged before me this asi* day of y , 2016, by A.Brut eaphhsotA as areneraI i%r4-lte_v— of Wake LLLP., a Colorado Limited Liability Limited Partnership,Grantor. Witness my hand and official seal. My commission expires piv_ag t Q of d):\ Notary ublic 6lJ r�or cod° DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT By‘Mar.... '"G `. Secretary President STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this I41b day of kten,L. R.,64/4- �lv , by &ti trles Actnz; 9( as President and (L64rk ,,!Arolor, - as Secretary of North Weld County Water District. Witness my hand and official seal. State Of Leann D.Koons-Noisy Public' My commission expires: 1O-i0-tort, Commission No.20044031657 • MyQc nSsioo,Expites_1011W20i6i Notary Public 4212135 Pages: 5 of 6 06/16/2010 04:02 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III N�r141w�;►f�LIE h'�+�w'�ih��lt�i IIL�11 Ll'!lid 1I III P:\ATKINS\C129#2\WAKE LLLP\EASEMENT AND ROW AGREEMENT FOR NORTH WELD COUNTY WATER DISTRICT 2-22-16.DOC 5 EXHIBIT"A" PROJECT CODE: 19891. PROJECT NUMBER: STM C030-056 PARCEL NUMBER: UE-5 DATE: FEBRUARY 24,2015 LEGAL DESCRIPTION A tract or parcel of land No.UE-5 of the Department of Transportation, State of Colorado,Project Code 19891,Project Number STM C030-056,containing 0.840 acres,more or less,in Lot B of the Recorded Exemption No.RE-410,located in the West Half of the Northwest Quarter of Section 24,Township 6 North,Range 65 West,of the 6a`Principal Meridian,in Weld County,Colorado,said tract or parcel being more particularly described as follows: Commencing at the Northwest corner of said Section 24,(whence the North Quarter corner of Section 24,Township 6 North,Township 65 West,of the 6th Principal Meridian bears North 89°38'02" East,a distance of 2,610.61 feet);Thence South 88°23'29"East,a distance of 1,306.10 feet to the POINT OF BEGINNING; 1. Thence South 00°21'58"East, a distance of 30.00 feet; 2. Thence South 89°38'02"West, a distance of 1235.09 feet; 3. Thence North 44°4747" East, a distance of 42.55 feet; 4. Thence North 89°38'02"East,a distance of 1,204.92 feet,more or less to the POINT OF BEGINNING. The above described utility easement contains 36,602 S.F. (0.840)acres,more or less. For the purpose of construction and maintenance of a water line. Basis of Bearings:Bearings used in the calculations of coordinates are based on a grid bearing of N34°43'30" E. from Densification point"B 414" (steelrod encased in a pvc pipe)to BARN point"Dewey" (metal pipe and cap).The survey data was obtained from Global Positioning System(GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). ,.....N� O9'p00 LI•t " Ii ' Off' ••NpIS�'. `rF�� For and on behalf of the i �+ .• ° n�y�, v ,i Atkins North America, Inc. •w °:: I, Eric Christianson,PLS 37077 i „ 37077 ••' (702)263-7275 �'°o •'. 2270 Corporate Circle, Suite 200 I t y� ••• ct, +ts Henderson,NV 89074 ' 4 4212135 Pages: 6 of 6 06/16/2016 04:02 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell KIM kitYPCIACV3/4) K�I W,tii�u Y risKr�li4 �I III Akti MEMORANDUM 'glee TO: Clerk and Recorder DATE: June 13, 2016 COLORADO FROM: Tiffane Johnson, Public Works SUBJECT: Item for Recording RE: Doc#2016-1070 Warranty Deed with WAKE LLLP This item is submitted for recording. M A\Francie\ GENDA me-mos\IIemForRecording.docx / me 6-a7-a0i� Ao/&-/O70 -t-6 601,3 . • WARRANTY DEED THIS DEED is dated 4-Pau.. Z?, Zot(, , and is made between WAKE, LLLP., a Colorado limited liability limited partnership, the "Grantor", of the County of Weld and State of Colorado, and DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO,the"Grantee,"whose legal address is 4201 E. Arkansas Avenue,Denver, CO 80222 of the City and County of Denver and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of TEN DOLLARS, ($10.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever,all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado, described as follows: Project Number: STM C030-056 Project Code: 19891 Fe anon 23-5 voiC 41, See attached Exhibit"A"dated July 5. 2046 for: Parcel Number:RW-5 also known by street address as: vacant land and assessor's schedule or parcel number: 080324000013 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, 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; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Grantor;for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and 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 soever, except and subject to: ❑ none; or® the following matters: Subject to Exceptions of Record Excepts from the subject property described herein in the attached Exhibits,the mineral estate and including all coal,oil, gas and other hydrocarbons, and all clay and other valuable mineral in and under said subject property. The GRANTOR hereby covenants and agrees that the GRANTEE shall forever have the right to take and use,without payment of further compensation to the GRANTOR, any and all sand, gravel, earth, rock, and other road building materials found in or upon said subject property and belonging to the GRANTOR; and The GRANTOR further covenants and agrees that no exploration for, or development of any of the products, as described above, and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described in the attached Exhibits, and that in the event any of such operations may hereafter be carried on beneath the surface of said premises,the 5iRANTOR shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder, shall inure to and be binding upon the GRANTOR and its heirs,personal and legal representatives, successors and assigns forever. Andrantor shall and will WARRANT THE 111'LE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. 4212136 Pages: 1 of 4 06/16/2016 04:02 PM R Fee:$0.00 D Fee:$0.00 Carly Recces, Clerk and Recorder, Weld County, co •III Nr1 WVrlgh'lih4'INOi .Yd,�«'llfl II III —NorY6tfi,-Rev.40-05S—WA(KAN-14“ letkIli—Wage-1•ot-19 IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. Li LU r /Ld a ,ekaias STATE OF COLORADO ) ss. County of Lie The foregoing instrument was acknowledged before me this an Id day of 4p¢t c- ,2016,by A- g(tut.E FS4Y,J2Ccf .45 ClatcriAL., PARag( n of 1,jA tf ftc.? I (i&wrb2 Witness my hand and official seal. My commission expires: 2-f7- or B N�� tary Pu lie JOHN L Dory NOTARY PUBLIC STATE OF COLORADO MY COMMISS OIN EXPIRES 2 17/2015 Eric Christianson-2270 Corporate Circle, Suite 200 Henderson,NV 89074 Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5,C.R.S.) 44, 4212136 Pages: 2 of 4 06/16/2016 04:02 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 IV/RUM 11111 /Nor 3A.-New4U-09,— ag COLORADO DEPARTMENT OF TRANSPORTATION REAL PROPERTY TO BE ACQUIRED Parcel Number: RW-5 STA. 127+19.94 Rt. to STA. 140+24.99 Lt. (SH 392A1ign.) FROM Wake LLP, Reception No. 667363 12-28-2009 801 S. 8th Street Suite 220 Greeley, CO 80631-3900 FOR Project Code: 19891 Project Number: STM C030-056 49. Location: Weld County Road 47 at State Highway 392 4212136 Pages: 3 of 4 06/16/2016 04:02 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■IIIf�1 'N�t'C;icrinI'L 1laii7i�1L Ihi��tIFi��YkiliIII EXHIBIT"A" PROJECT CODE: 19891 PROJECT NUMBER: SW C030-056 PARCEL NUMBER: RW-5 DATE: FEBRUARY 24,2015 /04 LEGAL DESCRIPTION A tract or parcel of land No.RW-5 of the Department of Transportation, State of Colorado,Project Code 19891,Project Number STM C030-056, containing 0.522 acres,more or less, in Lot B of the Recorded Exemption No.RE-410,located in the West Half of the Northwest Quarter of Section 24, Township 6 North,Range 65 West, of the 6th Principal Meridian,in Weld County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the Northwest corner of said Section 24, (whence the North Quarter corner of Section 24, Township 6 North,Township 65 West, of the 6th Principal Meridian bears North 89°38'02"East, a distance of 2,610.61 feet);Thence South 89°00'20" East, a distance of 1,305.69 feet to the POINT OF BEGINNING, said point lying on the southerly Right of Way line of State Highway 392; 1. Thence South 00°21'58" East, a distance of 14.00 feet; 2. Thence South 89°38'02"West, a distance of 1204.92 feet; 3. Thence South 44°47'47" West, a distance of 97.86 feet; 4. Thence South 89°38'02"West, a distance of 30.00 feet; 5. Thence North 00°52'23" West, a distance of 83.00 feet; 6. Thence North 89°38'02" East, a distance of 1305.05 feet,more or less to the POINT OF BEGINNING. The above described parcel contains 22,750 S.F. (0.522) acres,more or less. • Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing ofN34°43'30" E. from Densification point"B 414" (steelrod encased in a pvc pipe) to HARN point"Dewey" (metal pipe and cap). The survey data was obtained from Global Positioning System (GPS) survey based on the Colorado High Accuracy Reference Network (CHARN). ....\\� 1O0 LI cEyAI For and on behalf of the CO /Sofa, fFQ It Atkins North America, Inc. i •' yso• Eric Christianson, PLS 37077 i 'w 37077 y� i (702) 263-7275 % 'd • i/ A •ire 2270 Corporate Circle, Suite 200 t1,44 • ...IF ."1i h( Henderson,NV 89074 tal f.N, S\si G� 4 4212136 Pages: 4 of 4 Carly K°°Pes•16/2016 OClerk anld Recorder, WO d0 DCount Y,, CO ■IIIl�1��14r� dl�Ml�h'FLI�Ii�IN4�wtir�l�'',h66#1Y4 111111 Hello