HomeMy WebLinkAbout20162812.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION of COUNTY
ROAD 47 AND STATE HIGHWAY 392 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - JERRY D. CANNON AND JOYCE M. CANNON FAMILY
TRUST AND ELIZABETH ANNE NEWTON TRUST
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, Permanent Easement and Temporary Construction Easement for
Certain Improvements to 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 Jerry D. Cannon and Joyce M. Cannon
Family Trust and Elizabeth Anne Newton Trust, 472 Dale Drive, Allenspark, Colorado 80510, 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,
Permanent Easement and Temporary Construction Easement for Certain Improvements to
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 Jerry D. Cannon and Joyce M. Cannon Family Trust, and
Elizabeth Anne Newton Trust, 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.
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2016-2812
EG0073
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO INTERSECTION OF COUNTY ROAD 47 AND STATE HIGHWAY 392 -
JERRY D. CANNON AND JOYCE M. CANNON FAMILY TRUST, AND ELIZABETH ANNE
NEWTON TRUST
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of September, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W. o;
Weld County Clerk to the Board
BY: puty Ci/ i •
APP
Clerk to the Board
unty Attorney
11114t
l4C�__
Mike Freeman, Chair
Sean P. Conway, Pro -T
Date of signature: )O I S/ ICI
Steve Moreno
2016-2812
EG0073
Ccrnii4c' 1J733
RE: WCR 47/SH 392 Project
MEMORANDUM
TO: Clerk to the Board DATE: August 26, 2016
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Item for BOCC Agenda
Agreement for Purchase of Public Road Right -of -Way, Permanent Easement, and Temporary
Easement with Jerry D. Cannon & Joyce M. Cannon Family Trust.
M:\Francie\AGENDA memos \Agenda-Tiffany.doc
2016-2812
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII 'Mkfaiii'NIiTIPICINIMilti Yak III II
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY EASEMENT FOR CERTAIN
IMPROVEMENTS TO INTERSECTION OF WELD COUNTY ROAD 47 AT STATE
HIGHWAY 392 BETWEEN JERRY D. CANNON & JOYCE M. CANNON FAMILY
TRUST, DATED AUGUST 14, 1992, AND ELIZABETH ANNE NEWTON TRUST AND
WELD COUNTY, COLORADO
THIS AGREEMENT is made this ��
day o , 2016, by and JERRY D.
CANNON & JOYCE M. CANNON FAMILY TRUSTATED AUGUST 14, 1992, AND
ELIZABETH ANNE NEWTON TRUST whose address is 472 Dale Drive, Allenspark, CO 80510,
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-4, Exhibit A- Parcel Number RW-4A and Exhibit A- Parcel Number RW-
4B (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 Number TE-4 (hereinafter referred to as the "Temporary Construction Easement"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit A -
Parcel Number PE -4 (hereinafter referred to as the "Permanent 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 parcels 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 Permanent Easement for the benefit of the Colorado
Department of Transportation (hereinafter "CDOT"), in order to accommodate the installation and
maintenance of ditch facilities, 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 �i
°Wt.. -010 /L
Page 2 of 5
shown and/or described on Exhibit A Parcel Number RW-4 to CDOT and Exhibit
A Parcel RW-4A and Exhibit A Parcel RW-4B to the County copies of which are
attached hereto and made a part hereof by this reference), for the sum of Thirty One
Thousand Nine Hundred Fifteen Dollars, ($31,915.00). The parties acknowledge
and agree that said purchase price represents full, fair and valuable consideration.
2. Owner agrees to sell and County agrees to purchase the Permanent Easement to
operate and maintain irrigation/drainage described on Exhibit A Parcel PE -4 (a copy
of which is attached hereto and made a part hereof by this reference), for the sum of
Seventy Eight Dollars ($78.00). The parties acknowledge and agree that said
purchase price represents full, fair and valuable consideration.
3. Owner agrees to sell and County agrees to purchase the Temporary Construction
Easement to construct the road improvements as described on Exhibit A Parcel TE-
4 (a copy of which is attached hereto and made a part hereof by this reference), for
the sum of Seven Hundred Sixty Seven Dollars ($767.00). The parties acknowledge
and agree that said purchase price represents full, fair and valuable consideration.
4. Owner warrants that they are the Owner of the Public Road Rights -of -Way,
Temporary Construction Easement and Permanent Easement and will defend title
thereto against all claims.
5. 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.
6. Owner agrees to grant the Temporary Construction Easement to County, free and
clear of all liens and encumbrances, except existing easements.
7. This Temporary Construction Easement shall commence on June 1, 2016, and shall
expire and be of no further force or effect on June 1, 2018, upon the completion of
the Road Improvement Project, whichever is earlier.
8. Owner shall not, during the term of this Temporary Construction Easement, erect or
construct, or allow to be erected or constructed, any building or other structures on
the property described in Exhibit A- Parcel Number TE-4 which may interfere with
County's full enjoyment of the rights hereunder; this Temporary Construction
Easement includes all rights and privileges as are necessary or incidental to County's
temporary reasonable and proper use of said easement.
9. The parties specifically agree that no additional documents are required to reflect the
rights granted herein by Owner to County, and that this Agreement shall serve as
complete evidence of the terms contained herein as to Owner's Grant of the
Temporary Construction Easement.
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10. Owner agrees to grant the Permanent Easement to CDOT by Easement, in the form
attached hereto, free and clear of all liens and encumbrances, except existing
easements.
11. Owner shall retain the mineral estate under the Public Road Right -of -Way,
Temporary Construction Easement, the Permanent Easement, and shall also retain
any water rights currently attached to or associated with the Public Right -of -Way,
and the Permanent Easement.
12. Owner shall deliver the fully executed General Warranty Deed for the Public Road
Right -of -Way and the fully executed Permanent 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.
13. Owner shall pay any encumbrance associated with the Public Road Right -of -Way, the
Permanent 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
General Warranty Deeds to County and CDOT and the Easement 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 Permanent
Easement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. County shall pay for the cost of obtaining title insurance if County desires to obtain
title insurance for the Public Road Right -of -Way, and the Permanent Easement.
2. County shall pay all fees associated with recording this Agreement and / or the
General Warranty Deed.
3. County shall pay Owner for the Public Road Right -of -Way and the Permanent
Easement by County warrant(s) at the date of closing.
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
Permanent Easement for the purposes of constructing the Road Improvement Project,
and for its daily operation, access and maintenance. These 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 Permanent Easement as may be useful and necessary
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII 1+0 i5krr i IR "III
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2. This Agreement and the transfers of the Public Road Right -of -Way, Temporary
Construction Easement and Permanent 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
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.
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII 1���1411'Mj�iil'i'Irh1t�I,�+�IW���i �� ilk �I II
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IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNER: Jerry D. Cannon & Joyce M. Cannon Family Trust, Dated August 14, 1992, and
Elizabeth Anne Newton Trust
By
Title: Q U\) r\ f"
By • -% �. / ��� &)1412 Title:
By: Title:
ATTEST: dorhA) JC.Gdo•c1
Weld • my Clerk to the
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Cl k to the B Mike Freeman, Chair
APPROVED AS TO FUN
Controller
APPROVED A:S TO FORM:
County Attorney
SEP o 1 2016
PROVED : ' • SUBSTANCE:
es'ed : '' is or - ent Head
N/
Director of General Services
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Carly Koppes, Clerk and Recorder, Weld County, alai
iii 103 II ,I iiiiidiejk Jfil i'itili Bill
P:\ATKINS\C129#2\CANNON\Agreement for Purchase 3-7-16.doc
oZo /c, O284.2✓
EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: RW-4
DATE: FEBRUARY 24, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. RW-4 of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 0.230 acres, more or
less, in Lot B of the Recorded Exemption No. RE -410, located in the Northeast Quarter of the
Northeast Quarter of Section 23, 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 Northeast corner of said Section 23, (whence the East Quarter corner
of Section 23, Township 6 North, Township 65 West, of the 6th Principal Meridian bears
South 00°52'23" East, a distance of 2,651.29 feet); Thence South 79°35'23" West, a distance of
182.52 feet to the POINT OF BEGINNING, said point lying on the southerly Right of Way line
of State Highway 392;
1. Thence North 89°22'06" East, a distance of 180.00 feet;
2. Thence South 00°52'23" East, a distance of 69.00 feet;
3. Thence South 89°17'13" West, a distance of 110.00 feet;
4. Thence North 46°05'54" West, a distance of 98.61 feet, more or less to the POINT
OF BEGINNING.
The above described parcel contains 10,019 S.F. (0.230 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
(CHARM).
For and on behalf of
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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Carly Koppes, Clerk and Recorder, Weld County, Co
IiirrIVIMAKEI Zirl Yoh 1I III
EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: RW-4A
DATE: FEBRUARY 24, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. RW-4A of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 4.685 acres, more or
less, in Lot B of the Recorded Exemption No. RE -410, located in the East Half of the Northeast
Quarter of Section 23, 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 East Quarter corner of said Section 23, (whence the Northeast corner
of Section 23, 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 South 89°33'18" West, a distance of
30.00 feet to the POINT OF BEGINNING, said point lying on the westerly Right of Way line of
Weld County Road 47;
1. Thence South 89°33'18" West, a distance of 80.00 feet;
2. Thence North 00°52'23" West, a distance of 2,550.78 feet;
3. Thence North 89°17'13" East, a distance of 80.00 feet;
4. Thence South 00°52'23" East, a distance of 2,551.16 feet, more or less to the POINT OF
BEGINNING.
The above described parcel contains 204,077 S.F. (4.685) 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).
For and on behalf of the
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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Carly Koppes, Clerk and Recorder, Weld County, CO
liii IY�i�i' 'I ��lificiFOrr i i9iiii �'� ilk 11111
EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: RW-4B
DATE: FEBRUARY 24, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. RW-4B of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 1.757 acres, more or
less, in Lot B of the Recorded Exemption No. RE -410, located in the East Half of the Northeast
Quarter of Section 23, 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 East Quarter corner of said Section 23, (whence the Northeast corner
of Section 23, 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 South 89°33'18" West, a distance of
30.00 feet to the POINT OF BEGINNING;
1. Thence North 00°5223" West, a distance of 2,551.16 feet;
2. Thence North 89°17'13" East, a distance of 30.00 feet;
3. Thence South 00°52'23" East, a distance of 2,551.29 feet,
4. Thence South 89°33'18" West, a distance of 30.00 feet, more or less to the POINT OF
BEGINNING.
The above described parcel contains 76,537 S.F. (1.757) 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).
For and on behalf of the
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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VIII itiiiikc4i:t'iViiiiiiY11�A6gfil am
EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: TE-4
DATE: MAY 7, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. TE-4 of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 0.587 acres, more or
less, in Lot B of the Recorded Exemption No. RE -410, located in the East Half of the Northeast
Quarter of Section 23, 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 East Quarter corner of said Section 23, (whence the Northeast corner
of Section 23, 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 South 89°33'18" West, a distance of
110.00 feet to the POINT OF BEGINNING;
1. Thence South 89°33'18" West, a distance of 10.00 feet;
2. Thence North 00°52'23" West, a distance of 2,560.63 feet;
3. Thence South 46°05'54" East, a distance of 14.09 feet;
4. Thence South 00°52'23" East, a distance of 2550.78 feet, more or less, to the POINT
OF BEGINNING.
The above described parcel contains 25,563 S.F. (0.587 acres), more or less.
For the purpose of structure demolition.
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
HARK 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).
For and on behalf of
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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Carly Koppes, Clerk and Recorder, Weld County, CO
viii Ire I�Y�C��f �f tI�1TK�rh ��ilk Bill
EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: PE -4
DATE: SEPTEMBER 15, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. PE -4 of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 0.062 acres, more or
less, in Lot B of the Recorded Exemption No. RE -410, located in the East Half of the Northeast
Quarter of Section 23, 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 Northeast corner of said Section 23, (whence the North Quarter
corner of Section 23, Township 6 North, Township 65 West, of the 6th Principal Meridian bears
South 89°17'13" West, a distance of 2,662.36 feet); Thence South 79°35'23" West, a distance of
182.52 feet to the POINT OF BEGINNING;
1. Thence South 46°05'54" East, a distance of 28.52 feet;
2. Thence South 89°22'06" West, a distance of 145.25 feet;
3. Thence North 00°52'23" West, a distance of 20.00 feet;
4. Thence North 89°22'06" East, a distance of 125.00 feet, more or less, to the POINT
OF BEGINNING.
The above described parcel contains 2,702 S.F. (0.062 acres), more or less.
For the purpose of irrigation/drainage maintenance.
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).
For and on behalf of
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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Carly Koppea, Clerk and Recorder, Weld County, CO
VIII Klial�I ii�'��P ie of �ieib FPygibb i BIM
TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement between Jerry D. Cannon & Joyce M. Cannon
Family Trust, Dated August 14, 1992, and Elizabeth Anne Newton Trust, Grantor 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, Grantee.
Grantor hereby grants to the Grantee, its contractors, agents and all others deemed
necessary by Grantee, a Temporary Construction Easement. Said Temporary Construction
Easement is in and to, over, under and across the following described land:
SEE EASEMENT EXHIBIT "A"
Together with all rights and privileges as are necessary or incidental to the reasonable and proper
use of such easement. Said temporary easement is subject to the following conditions and
covenants:
1.
Said Temporary Construction Easement shall commence on September 1, 2016,
and shall expire and be of no further force or effect on June 1, 2018, or at the end
of the construction, which ever is earlier.
2. During the term of this temporary easement, Grantor shall not erect or construct,
or allow to be erected or constructed, any building or other structures which may
interfere with Grantee's full enjoyment of the rights hereunder.
3. As a condition of the granting of this Temporary Construction Easement, the
Grantee covenants and agrees to restore said lands to a level comparable to their
original condition.
4. All of the covenants herein contained shall be binding upon and inure to the
benefit of the parties hereto, their respective personal representatives, successors
and assigns.
5. Grantee will reimburse the Grantor the sum of Seven Hundred Sixty Seven dollars
($767.00) for the execution of the Temporary Construction Easement.
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Carly Koppel, Clerk and Recorder, Weld County, CO
VIII WI' "III
IT IS MUTUALLY AGREED AND ACCEPTED that the terms and conditions of this
Temporary Construction Easement shall extend to and be binding upon the heirs, executors,
administrators successors and assigns of the respective parties hereto.
P6G6"►$ k:
Jerry D. Cannon Jo ' e M. Cannon
STATE OFCul wn k )
)ss
COUNTY OF'\Yev"s 1c-- )
The foregoing instrument was acknowledged before me this 411
6 day of
AuAQ\5+ 4t ,by `T.3 caflrlkvl
Witness my hand and official seal.
ELIZABETH PEREZ
COMM 82140411
NOTARY PUBLIC - CALIFORNIA
RIVERSIDE COUNTY
My Commission Expires January 18, 2020
""*MT commission expires:
Eli ' eth Anne Newton
STATE OFc o�" D0
COUNTY OF 3 t-be:k
)ss
Notary Public
The foregoing instrument was acknowledged before me this /7-6 day of
61r^ s T-206. ,by -/.e+ it! ,44,y,46 ,c,/e1.r -roc_/
Witness my hand and official seal.
JOHN L. DOTY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20064008865
PAY COMMISSION EXPIRES 211712015
My commission expires: c)// -OW?,
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Clark and Recorder, Weld County, C0C0IJ
Carly KoPPes, j
GRANTEE HEREBY ACCEPTS this Temporary Construction Easement for the purpose
set forth herein.
ATTEST: d^J4 COUNTY OF WELD, STATE OF
ORADO, GRANTEE
a
uty Clerk to the Board reeman, Chair
Page ' o pages
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Car1illaiiI1C4iiiiiiillitriiiliiiiii1;516h
unty, CO
1111 i �l h'I5W II III
EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: TE-4
DATE: MAY 7, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. TE-4 of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 0.587 acres, more or
less, in Lot B of the Recorded Exemption No. RE -410, located in the East Half of the Northeast
Quarter of Section 23, 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 East Quarter corner of said Section 23, (whence the Northeast corner
of Section 23, Township 6 North, Township 65 West, of the 6th Principal Meridian bears
North 00°52123" West, a distance of 2,651.29 feet); Thence South 89°33'18" West, a distance of
110.00 feet to the POINT OF BEGINNING;
1. Thence South 89°33'18" West, a distance of 10.00 feet;
2. Thence North 00°52'23" West, a distance of 2,560.63 feet;
3. Thence South 46°05'54" East, a distance of 14.09 feet;
4. Thence South 00°52'23" East, a distance of 2550.78 feet, more or less, to the POINT
OF BEGINNING.
The above described parcel contains 25,563 S.F. (0.587 acres), more or less.
For the purpose of structure demolition.
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).
For and on behalf of
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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Carly Koppel, Clerk and Recorder, Weld County, CO
VIII I rdrifted AWN: ITO kir:I 114 Bill
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII IPA 140'10001 MVO: RY' ikilid "III
461
NOW KNOW YE, That the United States of America, in consideration of the premises, and in con—
formity with the several Acts of Congress in such case made ani proviDed, has given and granted, and
by these presents does give and grant, unto the said claimant and to the heirs of the said claimant
_ the tract above described; TO HAVE AND TO HOLD the same, together with all the rights, privile es
immunities and appurtenances, of whatsoever nature, thereunto belonging, unto the said claiman and
to the heirs and assigns of the said claimant forever; subject to any vested and accrued wate
rights for mining, agricultural, manufacturing or other purposes, and rights to ditches and reser—
voirs used in connection with such water rights, as may be recognized and acknowledged by the local
customs, laws and decisions of courts; and there is reserved from the lands hereby granted, a right
of way thereon for ditches or canals constructed by the authority of the United States.
IN TESTIMONY WHEREOF, I, William H. Taft, President of the United States of America, have
caused these letters to be made Patent, and the seal of the General Land Office to be hereunto
affixed.
Given under my hand, at the City of Washington, the eleventh day of September in the year of
our Lord ore thousand nice hundred and eleven, and of the Independence of the United States the one
hundred and thirty-sixth.
Recorded:
Patent Number 22.4294.
By the President: Wm. H. Taft,
By M. P. Le Roy, Secretary.
H. W. Sanford,
Recorder of the General Land Office.
No. 172,661.`"'
Filed for record at 3 o'clock P. M. Dec. 11, 1911. A. J. Luther, Recorder.
By G. W. Weber, Deputy.
xX00c XXXXXVC000000000000000000000000x00000DaxxxXXM:0000: 000000 0 00000000000000(:
Denver 09677.
THE UNITED STATES OF AMERICA,
TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING:
WHEREAS, a certificate of the Register of the land office at Denver, Colorado has been deposi—
ted in the General Land Office, whereby it appears that full payment has been made by the claimant
J. Calvin Boyer according to the provisions of the Act of Congress of April 24, 1620, entitled "An
Act making further provision for the sale of the Public Lands," and the acts supplemental thereto,
for the
Southeast quarter of section three in township seven north of range sixty west of the sixth
principal meridian, Colorado, containing one hundred sixty acres, according to the Official
Plat of the Survey of the said lend, returned to the General Land Office by the Surveyor —General.
NOW kl4OW YE, that the United States of America, it onsideration of the premises, and in con—
formity with the several Acts of Congress in such case made and provided, has Given and Granted,
and by these presents does give and grant, unto the said claimant and to the heirs of the said claim-
ant the tract above described; TO HAVE AND TO HOLD the same, together with all the rights, privi—
leges, immunities, and appurtenances, of whatsoever nature, thereunto beLonging, unto the said claim-
ant and to the heirs and assigns of the said claimant forever; subject to any vested and accrued
water rights for mining, agricultural, manufacturing or other purposes, and rights to ditches and
reservoirs used in connection with such water rights, as may be recognized and acknowledged by the
local customs, laws, and decisions of courts; and there is reserved from the lands hereby granted,
a right of way thereon for ditches or canals constructed by the authority of the United States.
IN TESTIMONY WHEREOF, I, William H. Taft, President of the United States of America, have
caused these letters to be made Patent, and the seal of the General Land Office to be hereunto affix-
ed.
Given under my hand, at the city of Washington, the nineteenth day of October in
the year of our Lord one thousand nine hundred and eleven and of the Independence
of the United States the one hundred and thirty-sixth.
By the President: Wm. H. Taft,
Recorded: By M. P. Lelloy, Secretary.
Patent Number H. W. Sanford,
ar
gao,.: 230917. Recorder of the General Land Office.
macro.
No. 172,662. Filed for record at 3 o'clock P.M. Dec. 11, 1911. A. J. Luther, Recorder.
By G. W. Weber, Deputy.
RE: Doc # 2016-2812
MEMORANDUM
TO: Clerk to the Board DATE: December 13, 2016
FROM: Tiffane Johnson, Public Works Department
SUBJECT: BOCC Consent Agenda
Warranty Deed with Jerry D. Cannon & Joyce M. Cannon Family Trust, dated August 14, 1992 and
Elizabeth Anne Newton Trust for improvements to intersection of WCR 47 and State Highway
392.
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WARRANTY DEED
THIS DEED made this / a43` day of i , 20 /6, between JERRY D.
CANNON & JOYCE M. CANNON FAMILY TRUST, DATED AUGUST 14, 1992,
AND ELIZABETH ANNE NEWTON TRUST, whose address is 472 Dale Drive,
Allenspark, CO 80510, 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 EXHIBITS "A -Parcel Number RW-4A" and "A -Parcel
Number RW-4B".
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.
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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,
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Carly Koppes, Clerk and Recorder, Weld County, CO
IiilfreriMOMPONIMPA44#4411Ill
02,0/6
against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS THEREOF the Grantor has executed this deed on the date set
forth above.
OWNERS: JERRY D. CANNON & JOYCE M. CANNON FAMILY TRUST, DATED
AUGUST 14, 1992, AND ELIZABETH ANNE NEWTON TRUST
State of Ca I 41 )
)ss.
County o
The foregoing instrument was acknowledged before me this ' day of A y J 0-,
2016, by 3 y u2 1'1'1 CGl(1V 1? , Owner.
**************************************
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ELIZABETH PEREZ
#12140411
� � COMM ;
NOTARY PUBLIC - CALIFORNIA g
RIVERSIDE COUNTY
iRrlrlr►• ,••.Mti commission Expires jimmy16, ei,
My commission expires:
O
A V240
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Carly Koppes, Clerk and Recorder, Weld County, CO
iiiINFJP31VIElichiCiNIMIMMililmill II
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Carly Koppes, Clerk and Recorder, Weld County, CO
LIIl I
Witness my hand and official seal.
Notary Public
By:
As:
State ofCoc,a2nDo )
)ss.
County of 3o4( -c )
The foregoing instrument was acknowledged before me this 12 -t' day of
2016, by EL/ A a/4 it/./x/e" ,(16 c../ I 0,41 , Owner.
JOHN L. DOTY
NTARY PUBLIC
STATOE OF COLORADO
NOTARY ID 20084006865
MY COMMISSION EXPIRES 2/17/2018
My commission expires: �// 7/2 O7 8
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII IMl��QVi"hif�l'{�d'I �'�'�i IWO hit MI Yoh "III
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Carly Koppes, Clerk and Recorder, Weld County, CO
�IIII
Witness my hand and official seal.
EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: RW-4A
DATE: FEBRUARY 24, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. RW-4A of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 4.685 acres, more or
less, in Lot B of the Recorded Exemption No. RE -410, located in the East Half of the Northeast
Quarter of Section 23, 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 East Quarter corner of said Section 23, (whence the Northeast corner
of Section 23, 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 South 89°33'18" West, a distance of
30.00 feet to the POINT OF BEGINNING, said point lying on the westerly Right of Way line of
Weld County Road 47;
1. Thence South 89°33'18" West, a distance of 80.00 feet;
2. Thence North 00°52'23" West, a distance of 2,550.78 feet;
3. Thence North 89°17'13" East, a distance of 80.00 feet;
4. Thence South 00°52'23" East, a distance of 2,551.16 feet, more or less to the POINT OF
BEGINNING.
The above described parcel contains 204,077 S.F. (4.685) 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 pc 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).
For and on behalf of the
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
4235505 Pages: 7 of 10
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Carly Koppea, Clark and Recorder, Weld County, CO iiii
I 1
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Carly Koppes, Clerk and Recorder, Weld County, CO
lIII WIJIWilligIi:M h rieli 11 indi'iiMY4i 11111
EXHIBIT "A"
PROJECT CODE: 19891
PROJECT NUMBER: STM C030-056
PARCEL NUMBER: RW-4B
DATE: FEBRUARY 24, 2015
LEGAL DESCRIPTION
A tract or parcel of land No. RW-4B of the Department of Transportation, State of
Colorado, Project Code 19891, Project Number STM C030-056, containing 1.757 acres, more or
less, in Lot B of the Recorded Exemption No. RE -410, located in the East Half of the Northeast
Quarter of Section 23, 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 East Quarter corner of said Section 23, (whence the Northeast corner
of Section 23, 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 South 89°33'18" West, a distance of
30.00 feet to the POINT OF BEGINNING;
1 Thence North 00°52'23" West, a distance of 2,551.16 feet;
2. Thence North 89°17'13" East, a distance of 30.00 feet;
3. Thence South 00°52'23" East, a distance of 2,551.29 feet,
4. Thence South 89°33'18" West, a distance of 30.00 feet, more or less to the POINT OF
BEGINNING.
The above described parcel contains 76,537 S.F. (1.757) 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).
For and on behalf of the
Atkins North America, Inc.
Eric Christianson, PLS 37077
(702) 263-7275
2270 Corporate Circle, Suite 200
Henderson, NV 89074
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Carly Koppes, Clerk and Recorder, Weld County, CO
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Carly Koppes, Clerk and Recorder, Weld County, CO
LII liAdrfilihNi I M'L IAA P 31.A 1111
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(l)(a).
Dated this ! / day of c t2..L016.
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ATTEST: diaww 'g1
CLERK TO THE BOARD OF
COUNTY COMMISSIONERS OF
THE COUNTY OF WELD
BY:
eputy Clerk to the Bo
STATE OF COLORADO )
)ss
COUNTY OF WELD )
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
BY: 1
Mike Freeman, Chair
BOARD OF COUNTY DEC 1 9 2016
COMMISSIONER
OF THE COUNTY OF WELD
The foregoing instrument was acknowledged before me this /9 day of
, 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD.
Witness my hand and official seal.
My commission expires:
79/01-.07,
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Carly Koppes, Clerk and Recorder, Weld County,
Notary Pu is
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