HomeMy WebLinkAbout20161793.tiffRESOLUTION
RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD
RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DINNER/COALVIEW
FARM, LLC
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 County Road 49 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and Dinner/Coalview Farm, LLC, 1814 14th Avenue, 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,
Permanent Easement and Temporary Construction Easement for Certain Improvements to
County Road 49 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and
Dinner/Coalview Farm, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is,
authorized to sign any necessary documents.
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2016-1793
EO0073
RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49 - DINNER/COALVIEW FARM, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: GL ►/ ,Jelf„p;a EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board
BY:
uty Clerk to the Boar '�
APPROVED AS TO FORM:
Date of signature: —I/Co/
/
EXCUSED
Barbara Kirkmeyer
e Moreno
2016-1793
EG0073
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD
49 BETWEEN DINNER/COALVIEW FARM, LLC, A COLORADO LIMITED
LIABILITY COMPANY et al. AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 3Tday of 2016, by and between
DINNER/COALVIF.W FARM, LLC, a Colorado Limite Liability Company, Stephen D.
Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust dated
August I, 1983, The Michael A. Segal and Marjorie G. Segal Trust date November 8, 2005,
William M. Dinner and Lynne Dinner as joint tenants, Dara Lisa Dinner and David
Walker as joint tenants, and Debora C. Rosenfeld and Edward F. Rosenfeld, as their
interest may appear, whose address is c/o Glen A. Dinner, 1814 14`x' Ave. 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 1 150 'O' Street Greeley. Colorado 80631 hereinafter referred
to as "County."
W rfNESSETH:
WHEREAS. Owner owns a parcel of real property described in the attached Exhibit "A"
(hereinafter referred to as ("Public Road Right -of -Way"), and
WHEREAS. Owner owns parcels of real property described in the attached Exhibit "B"
(hereinafter referred to as the ("Permanent Easements"), and
WHEREAS. Owner owns a parcel of real property described in the attached Exhibit "C"
(hereinafter referred to as ("Temporary. Construction Easement'), and
WHEREAS. County finds it necessary to rebuild and improve Weld County Road 49
(hereinafter "WCR 49'1 which will improve the alignment and construction of the roadway,
(hereinafter referred to as "WCR 49 Corridor Improvement Project" or the `Project'' and
WHEREAS, County requires the parcel of the Public Road Right -of -Way for the benefit
of County in order to complete a portion of said Project, and
WHEREAS, County requires Permanent Easements, in order to accommodate die
relocation of existing, utility facilities, and
WHEREAS, County requires a Temporary Construction Easement in order to construct
the Project, and
WHEREAS. Owner wishes to cooperate with County in said Road Improvement Project,
NOW. THEREFORE, the parties herein agree as follows:
G:'"Patrick\WPDOCS\CLIENTS,Dinner Farms\County Road 49\Sinai Docutnents\Final
Executed Version\Dinner Coalview Comp Agree 052716 ping Clean with Updated Seed
Mix.docx
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Carly Koppes. Clerk and Recorder, Weld County CO
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2016-1793
Page 2 of 7
OWNER'S RIGHTS AND RESPONSIBILITIES:
Owner agrees to sell at closing and County agrees to purchase the Public Road
Right -of -Way shown and/or described on Exhibit "A" (a copy of which is
attached hereto and made a part hereof by this reference), for the sum of Nineteen
Thousand Two Hundred Ninety-two Dollars, ($19.292.001, reserving unto Owner
all oil, gas. and other minerals in. on or under such property. The parties
acknowledge and agree that said purchase price represents full, fair and valuable
consideration.
Owner agrees to convey at closing the Permanent Easements described on
Exhibit "B" la copy of which is attached hereto and made a part hereof by this
reference), for the sum of Three Thousand Three Hundred Eighty-eight and
00/101) Dollars ($3,388.00). The parties acknowledge and agree that said purchase
price represents full, fair and valuable consideration.
Owner agrees at closing to sell and County agrees to purchase the Temporary
Construction Easement described on Exhibit "C" (a copy of which is attached
hereto and made a part hereof by this reference), for the sum of Two Thousand
Five Hundred Seventy Dollars. (S2570.00). The parties acknowledge and agree
that said purchase price represents full, lair and valuable consideration.
4. If this agreement is executed and returned to the County on or before June 10.
2016 the County shall pay the amount described in Paragraph Three (3) of the
County's Rights and Responsibilities.
Owner warrants that they are the Owner of the Public Road Rights -of -Way,
Permanent Easements and the Temporary Construction Easement subject to all
easements, leases, restrictions, reservations and rights -of -way of public record and
will defend title thereto against all claims arising hy, through or under Owner.
Owner agrees to grant the Public Road Right -of -Way to the County by Special
Warranty Deed, free and clear of all liens and encumbrances, except existing
easements, restrictions, leases, reservations and rights -of -way of Public Record_
7. The Public Road Rights -of -Way, Permanent Easements and the Temporary
Construction Easement are conveyed AS -IS. WHERE -IS. with no representation
or warranty other than the warranties of title set forth in the Special Warranty
Deed.
Owner agrees to grant the Permanent Easement, in the form attached hereto as
Exhibit "D", free and clear of all liens and encumbrances. except for all matters
of public record.
9. Owner agrees to grant a Temporary Construction Easement to the County. free
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Carly Koppes. Clerk and Recorder., Weld County, CO
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and clear of all liens. encumbrances or other possessory claims, except for all
matters of public record.
10. The Temporary Construction Easement shall commence on the day of closing and
shall expire and be of no further force or effect on January I, 2018. or upon the
completion of the Project, whichever is earlier.
Owner shall not, during the term of the Temporary Construction Easement. erect
or construct. or allow to be erected or constructed, any building or other structures
on the property described in Exhibit "C" which may materially interfere with
County's full enjoyment of the rights hereunder: the Temporary Construction
Easement includes all right and privileges as are necessary or incidental to
County's reasonable and proper use of said easement.
12. Owner shall retain the mineral estate under the Public Road Right -of -Way, the
Permanent Easement and the Temporary Construction Easement, and shall also
retain any water rights currently attached to or associated with the Public Right -
of -Way, Permanent Easements and Temporary Construction Easement.
13. Owner shall deliver the fully executed Special Warranty Deed for the Public Road
Right -of -Way to County and the Permanent Easements at the date of closing
which shall be no later than thirty (30) days following the County's execution of
this Agreement.
l J. Owner shall pay any monetary encumbrance associated with the Public Road
Right -of -Way. the Permanent Easements and the Temporary Construction
Easement which is required to he paid in order to deliver title free of such
encumbrance, including. hut 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 Special Warranty Deed to
County and the Permanent Easement. 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, Permanent Easements and Temporary
Construction Easement.
COUNTY'S RIGHTS AND RESPONS[RILITIES:
County shall at closing pay for the cost of obtaining title insurance if County
desires to ohtain title insurance for the Public Road Right -of -Way, Permanent
Easements and Temporary Easement and any closing costs charged by the title
company selected by County
County shall at closing pay all fees associated with recording this Agreement and
/ or the Special Warranty Decd, Permanent Easements, and Temporary
Construction Easement.
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Carly Koppes, Clerk and Recorder. Weld County. CC
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Page 4 0l 7
County shall pay Thirty-two Thousand Three Hundred Twenty-six Dollars ($32,
326.90) to the Owner for the Public Road Right -of -Way, the Permanent
Easements, and the Temporary Construction Easement by County warrant(s) at
the date of closing if agreement is signed and returned on or before June 10,
2016. IT the agreement is not signed and returned on or bel are June 19, 2916, the
County shall maintain its current offer of Fair Market Value of Twenty-five
Thousand Two Hundred Ninety-7even and 00/100 Dollars ($25,297.00) for the
Public Road Right -of -Way, the Permanent Easements, and the Temporary
Construction Easement by County warrantls I at the date of closing.
-I. County, as a condition of granting the Temporary Construction Easement,
covenants and agrees to restore the property described in Exhibit "C" to a level
comparable to its original condition immediately prior to occupation of the
Temporary Construction Easement by the County, which obligation includes
reseeding the property described in Exhibit "C" with the Native Grass Seed Mix
(sands) of the Weld County (Greeley ARCS Field Office), as shown on page 2 of
the attached Exhibit "E."
Prior to construction commencing on the Project and right of way described
herein, the County shall construct a temporary fence line along the outside
boundary of the 'Temporary Construction Easement / Permanent Easements. At
the conclusion of construction, the County will install a new permanent right of
way fence along the boundary of the new right of way being acquired hereunder.
The fence shall be constructed of combination field fence utilizing woven wire
bottom with 2 strand barbed wire on top on metal posts. The Owner shall be
responsible for the subsequent maintenance of said fence.
MISCELLANEOUS:
This Agreement and the transfers of the Public Road Right -of -Way, Permanent
Easements and the Temporary Construction Easement made pursuant to the terms
herein, shall be binding upon, all and inure to the benefit of and he enforceable by
the parties and their heirs, executors, administrators. successors. and assigns.
This Agreement shall not he valid until it has been approved by the Board of
County Commissioners of Weld County, Colorado or its designee.
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.
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 he binding on either party, or its agents or
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Carly Koppes. Clerk and Recorder, Weld County. CO
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employees
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 he an incidental beneficiary only.
6. This Agreement embodies all agreements between the parties hereto and there are
no promises, terms, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER:
By:
Date:
DINNER/COALVIEW FARM, LLC, a Colorado Limited Liability Company
Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust,
dated August 1, 1983.
Ry: As:
By: As:
Date:
The Michael A. Segal and Marjorie G. Segal Trust, dated November 8, 2005.
By:
Date:
As:
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Carly Koppes, Clerk and Recorder. Weld County. CO
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employees.
5. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
6. This Agreement embodies all agreements between the parties hereto and there are
no promises, terms, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
7. This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: DINNER/COALVIEW FARM, LLC, a Colorado Limited Liability Company
By: Title:
Date:
Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust,
dated August 1, 1983.
By: �e,..i...� )- 3 As: Svcaft* r 'i rat K.
By: As:
C/07'16
Date
The Michael A. Segal and Marjorie G. Segal Trust, dated November 8, 21105.
By: As:
Date:
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Carly Koppes. Clerk and Recorder., Weld County, CO
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It. i expressly understood and agreed that the enforcement Of the terms and
conditions of this Arreetttent, and all ri,.hts (1' action relating to such
enforcement. shall he strictly rest:uv(:t1 to the undersigned parties and nothin�o in
this :\•.I'. iitcnt :hall tzive or'.11tuzv ;art: claim or ri«hr of action what -oe' er by :to
other person nut included in this Au..reeuient. It is the express intention (+t' the
undersigned l,u•tit•' that pity Orttily other than the undersigned parties receiving
services or benefits untie; this \liit-eon-1cnt shall he an incidental beneficiary only.
(t. 1 hip A1.gr'Cetnenr embodies all ngtontents between the parties heron and there are
no promises. terms, eotufition,, tit' oblicatittns referring to the subject chatter
i• hen..t)I tulle'. than as i;tsttt:tined herein.
7. •1'hk transaction shall he governed by and constructed in accur(i nice with the I:tsys
of II`tr' `state of Colti1:1,.I(>.
i" 14 18„ I Il-.I FAI , the I>tn-rie, h:IVo set their hands on the d:r4 anti '.ear first
above written.
OWNER: DINNER/(.OMLvIf:W FARM, A.% a Colorado ado I ..itrtited Liability Company
lt�•:
Dote:
Stephen D. Barnett and Mark R. Barnett as 'trustees of the Rae Weiland Revocable Trust.
dated August 1, 1t)Ji3.
k. L...'a.�
rate: Lii.l t�......: }..: ' :._.i.0 .........
r-
�1 r � - t i.. L I_f._•
.....
The Michael A. Segal and ≥Vlar;lrrt-n ( a . Segal 'l rust, dated November 8, 2005.
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Page 5of7
employees.
5. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
6. This Agreement embodies all agreements between the parties hereto and there are
no promises, terms, conditions, or obligations referring to the subject matter
whereof other than as contained herein.
7. This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: DINNER/COALV!EW FARM, LLC, a Colorado Limited Liability Company
By: Title:
Date:
Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust,
dated August 1, 1983.
By: As:
By: As:
Date:
The Michael A. Segal and Marjorie G. Segal Trust, dated November 8, 2005.
e n
By:
...emu
Date: ,c.L, yL
As: �. lL�
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Carly Koppes, Clerk and Recorder. Weld County. CO
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Willi( M./)inner andtym Dinner, as joint tenants.
By: \i` �(. I £'t
William M. Dinner.
Lynnei4)inner
Date:
Date: f//i /, /
Dara Lisa Dinner and David Walker, as joint tenants.
By: Date:
Dara Lisa Dinner
By. Date:
David Walker
Debora G. Rosenfeld and Edward F. Rosenfeld, as their interest may appear.
By: Date:
Debora G. Rosenfeld
By:
Edward F. Rosenfeld Date:
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Carly Koppes. Clerk and Recorder, Weld County, CO
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Page 6 of
William EN'L Dinner and Lynne Dinner, as joint tenants.
By:
William M. Dinner
Lvnne Dinner
Date:
Date:
[bra Lisa Dinner and David Walker, as joint tenants.
By:
Dara Lisa Dinner
I
[)avid Walker
I.)ate:
Date: I` ' G{
Debora C. Rosenfeld and Edward F. Rosenfeld, as their interest may appear.
By:Date:
Debora C. Rosenfeld
By: —
E dnard F. Rosenfeld Date:
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Carly Koppes, Clerk and Recorder, Weld County, CO
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William M. Dinner and Lynne Dinner, as joint tenants.
By: Date:
William NI. Dinner
By: Date:
Lynne Dinner
Dara Lisa Dinner and David Walker, as joint tenants.
By: Date:
Dara Lisa Dinner
By: _ Date:
David Walker
Debora G. Rosenfeld apd Edward F. Rosenfeld, as their interest may appear.
n)
7>i
By: ‘;',c c /("e
Edward E. Rosenfeld
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Carly Koppes. Clerk and Recorder. Weld County. Co
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I Date: �//�/
��/ �'
ATTEST: d V .-C1,Lo;cA
Weld G6uity, Clerk to the
BY
Deputy CI
ApPlaVED AS T;
Controller
APED AS TO
County Attorney
BOARD OF COUNTY COMMISSIONERS
oard WELD COUNTY, COLORADO
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Carly Koppes. Clerk and Recorder: Weld County, Co
•III PAT, III MI
Sean P. Conway, Pro-Te�uN�I 2u16
APPROVED TO BSTANCE:
rector of General Services
026/6-/7q3
RE: WCR 49 Project
Doc #2016-1793
MEMORANDUM
TO: Clerk to the Board DATE: August 2, 2016
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Agenda Item
Special Warranty Deed with
Dinner/Coalview Farm, LLC,
Stephen D. and Mark R. Barnett Trustees of the Rae Weiland Revocable Trust
The Michael A. Segal & Marjorie G. Segal Trust
William M. Dinner and Lynne Dinner as joint tenants
Dara Lisa Dinner and David Walker as joint tenants
Debora G. Rosenfeld and Edward F. Rosenfeld.
11 FrancieAGENIIA memos Agenda -Tiffany doc
Ce,. -Pu)
Lam-
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c4'6-/ 793
E40073
SPECIAL WARRANTY DEED
THIS DEED, made effective this 3cfThay of June, 2016, between DINNER/COALVIEW
FARM, LLC, a Colorado Limited Liability Company, Stephen D. Barnett and Mark R.
Barnett as Trustees of the Rae Weiland Revocable Trust dated August 1, 1983, The Michael A.
Segal and Marjorie G. Segal Trust date November 8, 2005, William M. Dinner and Lynne
Dinner as joint tenants, Dara Lisa Dinner and David Walker as joint tenants, and Debora G.
Rosenfeld and Edward F. Rosenfeld, as their interest may appear, Grantors, 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 '0' Street, Greeley, CO 80631, Grantee;
WITNESSETH, That Grantors, for and in consideration of the sum of Nineteen Thousand
Two Hundred Ninety -Two and 00/100 Dollars ($19,292.00), and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, have granted,
bargained, sold, and conveyed, and by these presents do grant, bargain, sell, convey, and confirm,
unto Grantee, and Grantee's successors and assigns forever, all the real property, together with all
improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as
follows:
SEE EXHIBIT A, attached hereto and by this reference incorporated herein;
also known by street and number as: vacant land;
(the "Property")
TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging,
or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues,
and profits thereof; and all the estate, right, title, interest, claim, and demand whatsoever of Grantors,
either in law- or equity, of, in, and to the above bargained premises, with the hereditaments and
appurtenances, BUT RESERVING unto Grantors all water rights appurtenant to the Property and all
oil, gas, and other minerals in, on, or under the Property, together with a right of ingress and egress
for the purposes of exploring, developing and producing the same;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto Grantee, and Grantee's successors and assigns forever. Grantors, for Grantors
and Grantors' heirs, successors, and assigns, do covenant and agree that Grantors shall and will
WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of Grantee, and Grantee's successors and assigns, against all and every person or persons
claiming the whole or any part thereof, by, through or under Grantors, except taxes for the current
year, and easements, restrictions, leases and rights -of -way of record.
IN WITNESS WHEREOF, Grantors have executed this deed on the dates set forth in the
acknowledgements below, but effective for all purposes as of the date set forth above.
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Carly Koppes. Clerk and Recorder, Weld County, CO
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02o/1e-793
DINNER/COALVIEW FARM, LLC, a Colorado Limited Liability Company:
By:
Date:
Title:
State of lo/a+-do )
J )ss.
County of We id
1, &u-)4to-1- £ iefr Lt. , a Notary Public in and for said County and State
certify that 9 jbart .p; op er , personally came before me this day and being by me
duly sworn, acknowledged that he/she is the mQ/nbey Maltasei of
Dinner/Coalview Farm, LLC, a Colorado limited liability company, and that by authority duly given
and as the act of said company, the foregoing instrument was signed in its name by its
ein her Mona y e( , and is duly authorized and able to execute the afore signed
document for said company.
SANDRA L. EVERITT
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054039451
MY COMMISSION EXPIRES 08-21-2019
My commission expires: 6/a.6,j 9
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Carly Koppes, Clerk and Recorder, Weld County, CO
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2
Witness my hand and official seal.
Jaindka xa
Notary Public
Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust
dated August 1, 1983:
By: S 'I- N D
Stephen D. Barnett, Trustee
Date: la 6O6
State of Lein)
)ss.
County of Weld >
The foregoing instrument was acknowledged before me this a011day of ,7 , 2016. by
Stephen D. Bamett, Grantor, as a Trustee of the Rae Weiland Revocable Trust dated August 1, 1983.
Witness my hand and official seal.
My commission expires: $2 a1 //Cj
4227205 Pages: 3 of 18
08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County, CO
1111 ViD Pri, 4h7 PVIti,:6 1h, II III
3
Jae/ Q
Notary Public
SANDRA L. EVERITT
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054039451
MY COMMISSION EXPIRES 08-21.2019
Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust
dated August 1, 1983:
By:
Mark R. Barnett, Trustee
Date:771/10 i3, 20I-(7
�Cr knsfe e_
State of O}-€E7c )
)ss.
County of(LkK-NlhfJ )
The foregoing instrument was acknowledged before me this 2S day ofcj V& , 2016, by
Mark R. Barnett, Grantor, as a Trustee of the Rae Weiland Revocable Trust dated August 1, 1983.
My commission expires: / o(7 20L6
4227205 Pages: 4 of 18
08/11/2016 P1/22016 01:04:erk and Recorder, PMFeee:$aCounty,
0.00DFee:$0.00
Car1111kr1 tt*IVI L1+h'1VIMtHrilm1J Li 11111
Notary Public
i
Witness my hand and official seal.
OFFICIAL SEAL
DANIEL E RICHARDS
NOTARY PUG'. IC -OTEGON
COMMISSIONS NC 47rie7
MY COMMISSION EXPIRES OCTOBER IS, 2016
4
Notary Public
My commission expires:
The Michael A. Segal and Marjorie G. Segal Trust dated November 8, 2005:
By: 11' tetA'N
Miicliael A. Segal, Trustee
Date:
State of /\ 1(i'-p/1Ci
)ss.
County of AUrtC.0ilk )
w
The foregoing instrument was acknowledged before me this 11day of , 2016, by
Michael A. Segal, as a Trustee of the Michael A. Segal and Marjorie G. Segal Trust dated
November 8. 2005.
MARKO ZELENOVIC
Notary Public - Arizona
Maricoca County
My Comrrdss or•. Expires
July 7, 2717
My commission expires: 1-A1 AP
The Michael A. Segal and Marjorie G. Segal Trust dated November 8, 2005:
Witness my hand and off ial seal.
L
By:
Marjo a G. Segal, Trustee
Date:
/7 de/4
Notary ''ublic
4227205 Pages: 5 of 18
08/11/2016 01:04 PM R Fee :$0.00 D Fee :$0 00
Carly Koppes, Clerk and Recorder, Weld County. CO
VIII M)r1I'litulll4Ylraid,IAf,iI,i'llirldninliI41,4, Bill
State of
t6\
State of
County of
)ss.
The foregoing instrument was acknowledged before me this day of , 2016, by
Stephen D. Barnett, Grantor, as a Trustee of the Rae Weiland Revocable Trust dated August 1,
1983.
Witness my hand and official seal.
Notary Public
My commission expires:
Stephen D. Barnett and Mark R. Barnett as Trustees of the Rae Weiland Revocable Trust
dated August 1, 1983:
By:
Mark R. Barnett, Trustee
Date:
State of
County of
)ss.
The foregoing instrument was acknowledged before me this day of , 2016, by
Mark R. Bamett, Grantor, as a Trustee of the Rae Weiland Revocable Trust dated August 1,
1983.
4227205 Pages: 6 of 18
08/11/2016 01:04 PM R Fee:$0.00 0 Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII Ll1ti+iili!TP II'il'1 Li 11111
Witness my hand and official seal.
County of
JAct,trl( `
)ss.
The foregoing instrument was acknowledged before me this It day of ILr'IA-- , 2016, by
Marjorie G. Segal, as a Trustee of the Michael A. Segal and Marjorie G. Segal Trust dated
November 8, 2005.
My Conan.. xpir
Witness my hand and official seal.
Notary ' ublic
My commission expires: lc2 y
William M. Dinner:
By: Date:
William M. Dinner
State of
County of
)ss.
The foregoing instrument was acknowledged before me this day of , 2016. by
William M. Dinner.
My commission expires:
Lynne Dinner:
Witness my hand and official seal.
Notary Public
4227205 Pages: 7 of 18
08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
�III!!!�11'�RI ��Nii«li'UY�FJr;t*'aiM��iVaM III
By: Date:
Lynne Dinner
State of
County of
)ss.
The foregoing instrument was acknowledged before me this day of , 2016, by
Lynne Dinner.
Witness my hand and official seal.
Notary Public
My commission expires:
Dara Lisa Dinner:
By: Date:
Dara Lisa Dinner
State of
County of
)ss.
The foregoing instrument was acknowledged before me this day of 20
by Dara Lisa Dinner.
4227205 Pages: 8 of 18
08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Bill
.. 'mess my hand and official seal.
William M. Dinner:
By:
William M. Dinner
State oflviCw •-yAL__
)ss.
County of ti tec3 LA )
Date: L 7/ V) / T
The foregoing instrument was acknowledged before me this 11 day of
William M. Dinner.
SHAD/IZA A BANSIE
Notary Public - State of New York
NO. 01BA6236697
Qualified in Nassau County
My C.ur,n ssion Exuir.r.Mar 7, 2019
My commission expires:
4227205 Pages: 9 of 18
0arly KopPes 0ClO4 PM erk d Recorrder$0 Weld00 D unto $0 Co 0
1111kraltitli rdi!?N10.&L'!1100,ll!ch1Yi1,4, II III
7
Witness my hand and official seal.
,2O16,by
Notary Public
Lynne Dinner:
By: / )L�C jJ L
Lyn.e Dinner
Date:
C1O12i/
State of t'C%J: L) )
)ss.
County of )
The foregoing instrument was acknowledged before me this (TI day of inc , 2016, by
Lynne Dinner.
SHAMIZA A BANSIE
Notary Public - State of New York
NO.018A6236697
Qualified in Nassau County
My Comnri-sioo Expires Mar 7, 2019
My commission expires:
4227205 Pages: 10 of 18
08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00
Carly
CO
IYlr11L'L'LM es �,�ITIerk YI nd Recorder.
Ltih�ihlWt� Y4 NI III
8
Witness my hand and official seal.
Notary Public
Dara Lisa Dinner:
By: /deLa-
Dara Lisa Dinner
State of &„-27 i3O -41,c4 )
)ss.
County of
Date: ' z 9r
The foregoing instrument was acknowledged before me this olo2 day of
Dara Lisa Dinner.
COMMONWEALTH OF PENNSYLVANIA
Ir NOTARIAL SEAL
Deborah A. Becker, Notary Public
Lipper Merlon Twp., Montgomery County
My Commission Expires April 6, 2020
EMBER, PENNSYLVANIA ASSOi!lAi1ON OP NOIANIBl
My commission expires:
S31aV10N !O NOIJY$OOSSV VINY/t1ASNN3d 'd3BIN3W
0303 '9 ludv sandx3 uolssiwwo0 Ayj
Aiuno3 Alawo6iuow ' dml uouan laddn
oilgnd AreIoN 'laroae -v 4elogao
1V3S 1VIdVION
VINVAIASNN3d JO H1lV3MNOWIN00
Notary Public
4227205 Pages: 11 of 18
08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
liiiKM'ILih:ICh iRR+'�Mtk+diMl�Y.�GPk'LY11�1�IIII
,20'4 ,by
Witness my hand and official seal.
9
David Walker:
By:
David Walker
State of e f l 5V tVJO r i C )
)ss.
County of AA 00 o212_ku_)
Date: Stub 7-7-, z-0 f 6
The foregoing instrument was acknowledged before me this R'R day of Lit) (1 { , 2016, by
David Walker.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
LIZA S LACEY
Notary Public
COLLEGEVILLE BORO., onE pires Jul0. 201
ull 8ONTY
My
My commission expires:
Jots 301i)iE
4227205 Pages: 12 of 18
08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County CO
�IIIP1r1a1i6:1404'1,4i1,t4,✓ iELIMldIII
10
Witness m hand and official seal.
Debora G. Rosenfeld:
By:
Debora G. Rosenfeld //
State of L W(1 0
County of
6top LAO Q.
)ss.
Date:
The foregoing instrument was acknowledged before me this 2 0 day of JUhe , 2016, by
Debora G. Rosenfeld.
JESSICA KUNZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144026534
MY COMMISSION EXPIRES JULY 09, 2018
My commission expires:
4227205 Pages: 13 of 18
08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County. CO
■III KIM l'iC,ItiGIM4 ■I III
11
Witness my hand and official seal.
Edward F. Rosenfeld:
By:
Edward F. Rosenfeld
State of COIOpuJO
County of AP4Vuh0e
)ss.
Date:
The foregoing instrument was acknowledged before me this 20 day of J1111e
Edward F. Rosenfeld.
JESSICA KUNZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144026534
MY COMMISSION EXPIRES JULY 09, 2019
My commission expires:
Witness my hand and official seal.
4227205 Pages: 14 of 18
08/11/2016 01:04 PM R Fee:$0.00 D Fee:$0.00
Carly KopPes Clerk and Recorder. Weld County CO
11111
12
,2016, by
EXHIBIT -A
TWO PARCELS OF LAND, PARCEL -1 LOCATED IN THE SOUTHEAST ONE -QUARTER AND THE SOUTH
ONE-HALF OF THE NORTHEAS- ONE -QUARTER OF SECTION 1, TOWNSHIP 4 NORTH. RANGE 65 WEST
OF THE SIXTH PRINCIPAL_ MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
PARCEL -2 LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 6, TOWNSHIP 4 NORTH, RANGE
64 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD. STATE OF COLORADO, SAID PARCELS
BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER
RECEPTION NO. 3990354 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
R'GHT-OF-WAY PARCEL -1
POINT OF BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 1. AND ASSUMING THE EAS" UNE
OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 1, BEING MONUMENTED B" A #6 REBAR WITH A
3 1/4" ALUMINUM CAP STAMPED LS7242 1996 AT THE SOUTH END AND 8Y A #6 REBAR WITH A 3
1/4" ALUMINUM CAP STAMPED LS22098 2006 AT THE NORTH END, AS BEARING NORTH 00'33'13"
WEST, A DISTANCE OF 2637.65 FEET, WITH ALL BEARINGS CONTAINED HEREON ARE RELATIVE
THERETO;
THENCE NORTH 89'19'15" WES- ALONG THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID
SECTION 1, A DISTANCE OF 117 67 FEET,
THENCE DEPARTING SAID SECTION _INE NORTH 00'40'45" EAST TO A POINT ON THE NORTHERLY
R'GHT-OF-WAY OF WE_D COUNTY ROAD 48 A DISTANCE OF 30.00 FEET;
THENCE NORTH 44'07'36" EAST DEPARTING SAID NORTHERLY RIGHT-OF-WAY A DISTANCE OF 96.43
FEET;
THENCE NORTH 02'54'57" WEST A DISTANCE OF 990.02 FEET;
THENCE NORTH 00'45'34" WEST A DISTANCE OF 944.86 FEET;
THENCE NORTH 89'26'48" EAST TO A POINT OF CURVE WHICH IS CONCAVE TO THE WEST A DISTANCE
OF 17.19 FEET;
THENCE ALONG SAID CURVE '57,79 FEET AND HAVING A RADIUS OF 15630.00 FEET, A CENTRAL
ANGLE OF 00'34'38" AND A CHORD BEARING OF NORTH 02'27'29" WEST A DISTANCE OF 157.79 FEET;
THENCE NORTH 02'44'48" WEST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 182.63 FEET;
THENCE ALONG SAID CURVE 604.15 FEE- AND HAVING A RADIUS OF 15770.00 FEET, A CENTRAL
ANGLE OF 0211'42" AND A CHORD BEARING OF NORTH 01'38'57" WEST A DISTANCE OF 604.11 FEET;
THENCE SOUTH 89'26'54" WEST A DISTANCE OF 20.00 FEET;
THENCE NORTH 00'33'06" WEST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 485.01 FEET;
THENCE ALONG SAID CURVE 494.86 FEET TO A POINT CN THE NORTH LINE OF THE sour-i ONE-HALF
OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 1 AND HAVING A RADIUS OF 15790.00 FEET, A
CENTRAL ANGLE OF 01'47'44" AND A CHORD BEARING OF NORTH 00'20'46" EAST A DISTANCE OF
494.84 FEET;
RIGHT OF WAY
ACQUISITION
I'ARM LL.:..
'.' . \!)'
4227205 Pages: 15 of 18
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Carly Koppes. Clerk and Recorder, Weld County. CO
.111 nFoli'Iih: kCi4kit! I' Lr 4K(1ti).OIIII
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 48 & WCR 50
h_ ;I,- I :i i.) I? c4
EXHIBIT -A
CCNTINLED PARCEL -I
[HENCE ALONG SAID NORTH LINE SOUTH 89'28'25" EAST TO A POINT ON THE EAST LINE OF THE
NORTHEAST ONE -QUARTER OF SAID SECTION 1, A DISTANCE OF 112.26 FEET;
THENCE ALONG SAID EAST LINE, SOUTH 00'33'06" EAST, TO THE EAST ONE -QUARTER CORNER OF
SAID SECTION 1, A DISTANCE OF 1319.35 FEET;
THENCE SOUTH 00'33'13" EAST ALONG THE EAST SECTION LINE OF THE SOUTHEAST ONE -QUARTER OF
SAID SECTION 1, A DISTANCE OF 2637.55 FEET TO THE POINT OF BEGINNING.
SAID PARCEL -1 CONTAINS 8.43 ac. MORE OR LESS.
NEW RIGHT—OF—WAY CONTAINS 206,423 sf. OR 4.74 ac. MORE OR LESS.
EXISTING RIGHT—OF—WAY CON FANS 3.69 cc. MORE OR LESS
TjiHT-OF -yvA ?ARSEL-2
POINT OF SEQNNINC AT THE SOUTHWEST CORNER OF SAID SECTION 6, ANC ASSUMING THE WEST LINE
OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 6, BEING MONUMENTED BY A #6 REBAR WITH A
3 1/4" ALUMINUM CAP STAMPED LS7242 1996 AT THE SOUTH END AND BY A #6 REBAR WITH A 3
1/4" ALUMINUM CAP STAMPED LS22098 2006 AT THE NORTH END, AS BEARING NORTH 00'33'13"
WEST, A DISTANCE OF 2637.65 FEET, WITH ALL BEARINGS CONTAINED HEREON ARE RELATIVE
THERETO;
THENCE ALONG THE WEST SECTION LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 6,
NORTH 00'33'13" WEST. TO THE WEST ONE -QUARTER OF SAID SECTION 6, A DISTANCE OF 2637,65
FEET;
THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 6, NORTH
88'46'44' EAST TO A POINT OF CURVE WHICH IS CONCAVE TO THE EAST A DISTANCE OF 43.72 FEET;
THENCE ALONG SAID CURVE 257.60 FEET AND HAVING A RADIUS OF 15630.00 FEET, A CENTRAL
ANGLE OF 00'56'40" AND A CHORD BEARING OF SOUTH C2'16'26" EAST A DISTANCE OF 257.60 FEET;
THENCE SOUTH 02'44'48" EAST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 182.63 FEET;
THENCE ALONG SAD CURVE 299.26 FEET AND HAVING A RADIUS OF 15770.00 FEET, A CENTRAL
ANGLE OF 01'05'14" ANC A CHORD BEARING OF SOUTH 02'12'11" EAST A DISTANCE GF 299.25 FEET;
THENCE NORTH 88'20'26" EAST TO A POINT OF CURVE WHICH IS CONCAVE TO THE WEST A DISTANCE
OF 20.00 FEE
RFGHT c)'F W StY
ACT)'
EY NA t R W -U VIFbb
F \RVI[1
4227205 Pages: 16 of 18
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Carly 'Coupes . Clerk and Recorder, Weld County, CO
EMI PA: t'r'.irUil PF6Vi IIYrWvFI 11111
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
c I.
WCR 49 CORRIDOR PROJECT
RFTWEFN WCR 48 R. WCR S0
o. �:kl�_ , _--‘L_
EXHIBIT -A
OONTNUED PARCEL -2
THENCE ALONG SAID CURVE 304.82 FEET AND HAVING A RADIUS OF 15790.00 FEET, A CENTRAL
ANGLE OF 01'06'22" AND A CHORD BEARING OF SOUTH 01'06'23" EAST A DISTANCE OF 304.82 FEET;
THENCE SOUTH 00'33'12" EAST A DISTANCE OF 502.52 FEET,
THENCE SOUTH 89'26'48" WEST A D'STANCE OF 20.00 FEET;
THENCE SOUTH 00'33'12" EAST TO A POIN r OF CURVE TO THE EFT A DISTANCE OF 155.71 FEET;
THENCE ALONG SAID CURVE 664.63 FEET AND HAVING A RADIUS OF 15630.00 FEET, A CENTRAL
ANGLE OF 02'26'11" AND A CHORD BEARING CF SOUTH 01'46'18" EAST A DISTANCE OF 664.58 FEET;
THENCE SOUTH 02'59'23" EAST TO A POINT OF CURVE TO THE RIGHT A DISTANCE OF 44.44 FEET;
THENCE ALONG SAID CURVE 126.54 FEET AND HAVING A RADIUS OF 15770.00 FEET. A CENTRAL
ANGLE OF 00'27'35" AND A CHORD BEARING OF SOUTH 02'45'36" EAST A DISTANCE OF 126.54 FEET;
THENCE SOUTH 46'49'55" EAST TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY
ROAD 48 A DISTANCE OF 99.99 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY SOUTH 01'1548" EAST TO A POINT ON THE SOUTH LINE OF
SAID SECTION 6, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 88'44'12" WEST ALONG SAID SECTION LINE, A DISTANCE OF 16352 FEET TO THE
PQINT OF BEGINNING.
SAID PARCEL -2 CONTAINS 4.66 ac. MORE OR LESS.
NEW RIGHT-OF-WAY CONTAINS 93,563 sf. CR 2.15 ac. MORE OR LESS,
EXISTING RIGHT—OF—WAY CONTAINS 2.51 Cc. MORE OR LESS
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES. SURVEYOR IN AND FOR WELD
COUNTY, COLORADO
DANIEL R. HOLMES
PLS 38213
4227205 Pages: 17 of 18
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Carly Koppes, Clerk and Recorder, Weld County. CO
P'iirFq W' i',!I'IGih1144tI lI III
RIGHT OF WAY
ACQITTSIHON
DINNER COALVIEW
FARM tic
WELHO It NIV,[ til. OR VDtl
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 48 Be WCR 50
WROJ°:T "d? SKI' -26
�4 FE. 6-10-I6, 9Y URtI I SHEE of
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, hereby accepts the above deeded property as Public
Rights -of -Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this day of
ATTEST: C/,��+wA/'6i
CLERK TO THE BOARD
D-puty Clerk to the Boa
STATE OF COLORADO )
)ss
COUNTY OF WELD )
, 2016.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
STATE OF COLORADO
BY:
0 0 t-t-c.le-
Mike Freeman, Chair
AUG 0 8 2016
The foregoing instrument was acknowledged before me this trki day of
, 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD.
Witness my hand and official seal.
My commission expires: 4.270942-17//
4227205 Pages: 18 of 18
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Carly Koppes, Clerk and Recorder. Weld County. CO
iii M1r114'�3Nr4'l��li�'1,Ar 11)A ILAN4,L NiI'i III III
CNIRYL LYNN NOPPMAN
NOTARY PUBLIC
STATE OP COLORADO
N TARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2018
020/(0, - / 793
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