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Home My WebLink About20160212.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49, BETWEEN 1-76 AND COUNTY ROAD 38, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-JAMES AND DIANE MILDENBERGER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board was presented with an Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49, between 1-76 and County Road 38, 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 James and Diane Mildenberger, 15807 County Road 49, LaSalle, Colorado 80645, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to County Road 49, between 1-76 and County Road 38, 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 James and Diane Mildenberger, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. 2016-0212 CC,.Q 49. 1 1)- EG0073 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49, BETWEEN 1-76 AND COUNTY ROAD 38 -JAMES AND DIANE MILDENBERGER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:da/idoti C�am( ��,,,,// W��;�_-t✓i oo_ 6% •�C,LLo•� Mike Freeman, Chair Weld County Clerk to the Board • S . Conway, Pr m BY: ► f_ !_! �.• - uty Clerk to th- Boar► , �R L (Pid-V\ � ie A. Cozad APP AS T•��- I: i/ 1161 rbara Kirkmey r ounty Attorney ,�15 Steve Moreno Date of signature: '1 2016-0212 EG0073 1861 MEMORANDUM TO: Clerk to the Board DATE: 1/12/2016 RECEIVE FROM: Tiffane Johnson Public Works Department SAN 13 2016 SUBJECT: Agenda Item WED ONERS COM Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to WCR 49 between I-76 and WCR 38 with James and Diane P. Mildenberger. M:\Francie\AGENDA memos\Agenda-Leon-I.doc 2016-0212 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN I-76AND WCR 38, WELD COUNTY, COLORADO THIS AGREEMENT is made this` Th day of,67.41/47,&,/t_. , 2015,by and between James Mildenberger and Diane P. Mildenberger address is 15807 Weld County Road 49, La Salle, CO 80645 hereinafter collectively referred to as "Owners," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (hereinafter referred to as ("Public Road Right-of-Way"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "B" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owners wish to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owners agree 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 Thirteen Thousand Five Hundred Eight and 00/100 Dollars, ($13,580.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owners agree to convey a Temporary Easement described on Exhibit "B", for which this Agreement serves, for the sum of One Thousand Two Hundred Forty-five and 00/100 Dollars, ($1,245.00). 4174814 Pages: 1 of 9 p2.UX0 " s()2/7)-' 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII �� ZNrr�'4�h'I '1 4PAMC WI'Milli�ai'i11IIII 3. If this agreement is executed and returned to our office on or before January 18, 2016 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 5. Owners warrant that they are the Owners of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 6. Owners agree to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 7. Owners agree to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 8. The Temporary Construction Easement shall commence on the day of closing and shall expire and shall be of no further force or effect on January 1, 2019 or upon completion of the Project, whichever is earlier. 9. Owners shall not, during the term of the Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit "B" which may interfere with County's full enjoyment of the rights hereunder; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 10. Owners 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 and Temporary Construction Easement. 11. Owners shall deliver the fully executed Warranty Deed for the Public Road Right- of-Way to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 12. Owners shall pay any encumbrance associated with the Public Road Right-of- Way and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Ownesr deliver the Warranty Deed to County. Owners are solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. 4174814 Pages: 2 of 9 01/22/2016 03:39 P11 R Fee:$0.00$0.00 Page 2 of 5 Carly Koppes, Clerk and Recorder, Weld County, CO lid 11111 COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right-of-Way and Temporary Easement. 2. County shall at closing pay all fees associated with recording this Agreement and /or the Warranty Deed. 3. County shall pay Nineteen Thousand Two Hundred Seventy-three and 00/100 Dollars ($19,273.00) to the Owner for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing if agreement is signed and returned on or before January 18, 2016. If the agreement is not signed and returned on or before January 18, 2016, the County shall maintain its current offer of Fair Market Value of Fourteen Thousand, Eight Hundred Twentty-five and 00/100 Dollars ($14,825.00) for the Public Road Right-of-Way and the Temporary Construction Easement by County warrant(s) at the date of closing. 4. County, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "B" to a level comparable to its original condition. 4. Prior to construction commencing on the Project and right of way described herein, the County shall construct a temporary fence line along the outside boundary of the temporary construction easement. At the conclusion of construction, the County will install a new permanent right of way fence along the oundary of the new right of way being acquired he eunder. ytitZt . MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right-of-Way and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 2. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 4174814 Pages: 3 of 9 01/22/2016 03:39 PM R Fee:$0.00 $0.00 Page 3 of 5 Carly Koppes, Clerk and Recorder, Weld County, CO b E4iICIM:144:1.I'WON ra ILIA BIM 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 5. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: ji/V mes M1 e er er Date 42/241O:c Diane P. Mild nberger Date 4174814 Pages: 4 of 9 01/22/2016 03:39 PM R Fee:$0.00$0.00 Page 4 of 5 Carly Koppes, Clerk and Recorder, Weld County, CO IZNYINili,lid III II ATTEST: docaltwVG ii41404 BOARD OF COUNTY COMMISSIONERS Weld C t Clerk to the Board WELD COUNTY, COLORADO criyisz BY: • Deputy Cle to the Boar ^Mike Freeman, Chair _ JAN 1 8 2016/APPROVED AS TO FUN • � ;� /�`�• PPROVED AS TO SUBSTANCE: .r' } t 1/42 Controller fir(` lec eS. icial or Department Head APPROVED AS TO FORM: " " N I\ Director of General Services County Attorney 4174814 Pages: 5 of 9 Page 5 of 5 01/22/2016 03:39 PM R Fee:$0.00 Carly Ko 2!_s_ Clerk and Recorder Weld County, CO 1111 t�!l1 =VIN*IDA!AMOK L41,1141I 111 Otb EXHIBIT-A S13-T3N-R65W RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-18 OF MILTON LAKE ESTATES FIRST FILING FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1550903 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13 FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 00'24'19" EAST, A DISTANCE OF 2649.64 FEET AND DESCRIBED AS SHOWN; THENCE SOUTH 0024'19" EAST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 100.51 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'35'41" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 (WCR 49) A DISTANCE OF 50.01 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 00'24'19" EAST ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH LINE OF SAID LOT-18 A DISTANCE OF 1223.63 FEET; THENCE SOUTH 89'35'41" WEST ALONG SAID SOUTH LINE A DISTANCE OF 80.00 FEET; THENCE NORTH 00'24'19" WEST A DISTANCE OF 230.91 FEET; THENCE NORTH 89'35'41" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'24'19" WEST TO A POINT ON THE NORTH LINE OF SAID LOT-18 A DISTANCE OF 1042.12 FEET; THENCE NORTH 89'00'53" EAST ALONG SAID NORTH LINE A DISTANCE OF 10.00 FEET; THENCE SOUTH 45'41'43" EAST ALONG THE NORTHEASTERLY LINE OF SAID LOT-18 TO THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WCR 49 A DISTANCE OF 70.35 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 79,768.13 sf.± OR 1.83 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT OF WAY WELD COUNTY DEPARTMENT .?$61. OF PUBLIC WORKS ACQUISITION CRW-40 WCR 49 CORRIDOR PROJECT r '� BETWEEN WCR(s)32&34 MILDENBERGER - —if.' PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO ( G O_U N DATE: 9-28-15 DRAWN BY: JHB SHEET: 1 of 2 4174814 Pages: 6 of 9 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO L III PIM WIN*WAIN'JI WingM� k��k� III III . L EXHIBIT-1Z S13-T3N-R65W ----• -- --------------------J H ----------- o N89'00'5 "E _.._.._.._..�.._.._.._. _.._.._ _.._.._.._9O"I'F' . — . —. _.._ WCR 34 -.._ ------ o ---- ---------------- �I P.O.C. --------- EXISTING UN-MAINTAINED !v • i NE CORNER S13-T3N-R65W COUNTY ROAD AS PER ' 3 Y4. " A.C. STAMPED LS#10855 MILTON LAKE ESTATES j I 1998 IN MON. BOX FIRST FIL. RECP.#1550903 NE 1/4 a • S13—T3N—R65W I I P.O.B. I 'I i NW 1/4 I �.o S18-T3N-R64W R64W (fl'QI NIwI JAMES & DIANE I 1*'�mI LONE STAR LLC MILDENBERGER °'• PARC.#121313101001 NI�� RECP.#2314714 I (I) LOT-18 N �' • ! EXISTING 50' MILTON LAKE ESTATES o N•I I RIGHT—OF—WAY 1st. FIL. RECP.#1550903 z N' MILTON LAKE EST. �' I FIRST FIL. wI : I RECP.#1550903 6I I NI O U) I ADDITIONAL RIGHT-OF-WAY ACQUIRED :a-EXISTING 30' 79,768.13 sf.± OR 1.83 ac.± I I RIGHT—OF—WAY I BK.658/PG.9 I 1918 '0)I N89'35'41"E CI- LINE TABLE 20.00' I!Z! I LINE BEARING DISTANCE iUi BOND L1 S00'24'19"E 100.51' L2 S89'35'41"W 50.01' II L3 S89'35'41"W 80.00' °' TS L4 S45-41'43"E 70.35' N ro d I O CNI O Z R R L3 I NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY I I PLAT. IT IS INTENDED TO ILLUSTRATE THE I ' ATTACHED PROPERTY DESCRIPTION ONLY. E 1/4 COR � I S13-T3N-R65W � FRONT RANGE MILDENBERGER 3 Y4" A.C. STAMPED ' LOT-19 ILLEGIBLE 199X FEED LOTS LLC IN MON. BOX RIGHT OF WAY WELD COUNTY DEPARTMENT \.?861, OF PUBLIC WORKS ACQUISITION RCVV_44� WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 MILDENBERGER "1/7 _11-E \41 PROJECT N0: SRP 26 SCALE: I°=zoo' WELD COUNTY,COLORADO , COUNTY DATE: 9-28-15 DRAWN BY: JI-1B SHEET: 2 of 2 4174814 Pages: 7 of 9 01/22/2016 03:39 PM R Fee•$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII rjraGhe11 ,Au'di MIttiMMIlhai LAIN II EXHIBIT-B Si3-T3N-R65W TEMPORARY EASEMENT A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-18 OF MILTON LAKE ESTATES FIRST FILING FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1550903 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13 FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 0024'19" EAST, A DISTANCE OF 2649.64 FEET AND DESCRIBED AS SHOWN; THENCE SOUTH 00'24'19" EAST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 51.12 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'35'41" WEST TO A POINT ON THE NORTH LINE OF SAID LOT-18 A DISTANCE OF 110.00 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 00'24'19" EAST A DISTANCE OF 1042.12 FEET; THENCE SOUTH 89'35'41" WEST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00'24'19" EAST TO A POINT ON THE SOUTH LINE OF SAID LOT-18 A DISTANCE OF 230.91 FEET; THENCE SOUTH 89'35'41" WEST ALONG SAID SOUTH LINE A DISTANCE OF 20.00 FEET; THENCE NORTH 00'24'19" WEST A DISTANCE OF 250.91 FEET; THENCE NORTH 89'35'41" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 0024'19" WEST TO A POINT ON THE NORTH LINE OF SAID LOT-18 A DISTANCE OF 1021.92 FEET; THENCE NORTH 89'00'53" EAST ALONG SAID NORTH LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 25,858.45 sf.± OR 0.59 cc. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 WELD COUNTY DEPARTMENT TEMPORARY EASEMENT 186.1. OF PUBLIC WORKS ACQUISITION TE-40 WCR 49 CORRIDOR PROJECT 11•J/,>•�f ``� BETWEEN WCR(s)32&34 MILDENBERGER 11111__ \ PROJECT NO: SRP-26 SCALE: WELD COUNTY,COLORADO C 0 U N T DATE: 9-28-15 DRAWN BY: JHB SHEET: 1 oft 4174814 Pages: 8 of 9 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co "Ill EXHIBIT-B Si3-T3N-R65W . I --- --_ --- -----------------J - P.O.B.: ----------- _ b . _. _. _.._.._.._. _. o L8 L2 7-1: ----------- `n ------------ -- —-- P.O.C. E- XISTING UN-MAINTAINED I i i i NE CORNER S13-T3N-R65W COUNTY ROAD AS PER ' 3 Y4 " A.C. STAMPED LS#10855 MILTON LAKE ESTATES i I 1998 IN MON. BOX FIRST FIL. RECP.#1550903 NE 1/4 ; S13-T3N-R65W 20=o-- I i I 1 20' TEMPORARY EASEMENT ' I , NW 1/4 25,858.45 sf.f OR 0.59 ac.± I 7::z S18-T3N-R64W 1 �o•IQ� N W' SI' JAMES & DIANE N N w�ml LONE STAR LLC MILDENBERGER N N ; �� PARC.#121313101001 N o Q) RECP.#2314714 W dim LOT 18 a, d- • EXISTING 50' MILTON LAKE ESTATES N I RIGHT—OF—WAY 1st. FIL. RECP.#1550903 c�� o MILTON LAKE EST. C.') ' I FIRST FIL. z RECP.#1550903 LINE TABLE ' I I I LINE BEARING DISTANCE L1 S00'24'19"E 51.12' :lit--EXISTING 30' L2 S89'35'41"W 110.00' I I u RIGHT-OF-WAY L3 S89'35'41"W 20.00'L4 S00'24'19"E 230.91' BK.658/PG.9 I 1918 L5 S89'35'41"W 20.00' 1O-)I L6 NO0'24'19"W 250.91' I"I': L7 N89'35'41"E 20.00' L7 !r I m L8 N89'00'53"E 20.00' L3 ,UI , °' BOND s N O I ro N 20' I I Cl) . I J J II 1 II , i R R L5 • ' NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY i PLAT. IT IS INTENDED TO ILLUSTRATE THE I ATTACHED PROPERTY DESCRIPTION ONLY. E 1/4 COR : S13-T3N-R65W , JL MILDENBERGER 3 Y4" A.C. STAMPED `l FRONT RANGE LOT-19 ILLEGIBLE 199X FEED LOTS LLC IN MON. BOX WELD COUNTY DEPARTMENT TEMPORARY EASEMENT: 86i OF PUBLIC WORKS ACQUISITION 1'E-40 Ix lr ........c----1) WCR 49 CORRIDOR PROJECT 44. ,,. BETWEEN WCR(s)32&34 MILDENBERGER _ N T.Y \ PROJECT NO: SRP-26 SCALE: I"=200' WELD COUNTY,COLORADO I _.G O U- 4174814 Pages: 9 of 9 I DATE: 9-28-15 DRAWN BY: JHB SHEET: 2 of 01/22/2016 03:39 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 ri.rI ZGidillitle IiJihi X110lin l Milk Bill $61 MEMORANDUM ma w TO. Clerk to the Board DATE: 2/12/2016 G L �I � e r L � I OUNTY 1 FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc#2016-021,2 Warranty Deed with James and Diane Patricia Mildenberger for WCR 49 project. RECEIVED FEB 16 2016 WELD COUNTY COMMISSIONERS M:\Francie\AGENDA memos\Agenda-WarrantyDeed.doc 66: pu) Otnia et ajeAek, cg.- 02- (10Z WARRANTY DEED THIS DEED made this 03�n� day of,Id-xuary , 201( , between James Mildenberger and Diane Patricia Mildenberger, whose address is 15807 Weld County Road 49, LaSalle, CO 80645, Grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 "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: 15807 Weld County Road 49, LaSalle, CO 80645. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and all water rights currently attached to or associated with said property, except as required to sustain the integrity of the surface estate granted herein. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except for taxes for the current year, easements, restrictions, covenants, conditions reservations and rights- of-way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4183071 Pages: 1 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Mill FM 4111,0:146.1didilLEJA rivAl4M,14 Bill IN WITNE S T 0 he grantor has executed this deed on the date set forth above. es Mild rger L Diane Patricia Mildenberger State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this /2 -day of 4- rti. -> , 20 ! G , by James Mildenberger and Diane Patricia Mildenberger. Witness my hand and official seal. JAMESNOTARY RFI BLIC STATE OF COLORADO NOTARY ID 201154039802 MY COMMISSION EXPIRES OCTOBER 7,2019 otary Public My commission expires: October 7, 2019 4183071 Pages: 2 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■111F11'!1Pik ElOMR*1LiMii 11111 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and hereby accepts the abov e deeded property as Public through its Board of County Commissioners, e y p p p y Rights-of-Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a). hot Dated this vie) day of , 2016. ATTEST: (°4124141 IIC BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE igisim'"lc i 1 STATE OF COLORADO 4 Aoki " ii.,, �� BY: 141 A1 A A A,C i ZliA irt:Y: 111:411144).---- QL- euty Cle'to the Boar•M � ''% �1 Mike Freeman, Chair 1,, ,f FEB 2 2 2016 STATE OF COLORADO ) )ss COUNTY OF WELD ) JT e foregoing instrument was acknowledged before me this OZp2,LL day of , 2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY COMMISSIONER F THE COUNTY OF WELD. Witness my hand and official seal. Notary PuaLiP s My commission expires: /�/� 9/52-0/1 CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4183071 Pages: 3 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO �olD�l� 1111!ir., 111140 +uI�k'AI L, tilli.��+�k II III Xv Fj HIBIT-A S13-T3N-R65W RIGHT-OF-WAY A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF LOT-18 OF MILTON LAKE ESTATES FIRST FILING FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1550903 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13 FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION 13 BEARS SOUTH 00'24'19" EAST, A DISTANCE OF 2649.64 FEET AND DESCRIBED AS SHOWN; THENCE SOUTH 00'24'19" EAST ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 13 A DISTANCE OF 100.51 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89'35'41" WEST TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 (WCR 49) A DISTANCEi OF 50.01 FEET AND BEING THE POINT OF BEGINNING. THENCE SOUTH 00'24'19" EAST ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH LINE OF SAID LOT-18 A DISTANCE OF 1223.63 FEET; THENCE SOUTH 89'35'41" WEST ALONG SAID SOUTH LINE A DISTANCE OF 80.00 FEET; THENCE NORTH 00'24'19" WEST A DISTANCE OF 230.91 FEET; THENCE NORTH 89'35'41" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 00'24'19" WEST TO A POINT ON THE NORTH LINE OF SAID LOT-18 A DISTANCE OF 1042.12 FEET; THENCE NORTH 89'00'53" EAST ALONG SAID NORTH LINE A DISTANCE OF 10.00 FEET; THENCE SOUTH 45'41'43" EAST ALONG THE NORTHEASTERLY LINE OF SAID LOT-18 TO THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF WCR 49 A DISTANCE OF 70.35 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 79,768.13 sf.t OR 1.83 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO. LEON W. SIEVERS PLS 23520 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION 1861 '' OF PUBLIC WORKS Q ttW4 '" '` WCR 49 CORRIDOR PROJECT ' ._ • VIj-- . BETWEEN WCR(s)32&34 MILDENBERGER f r1 f - PROJECT NO: SRP 26 SCALE: WELD COUNTY,COLORADO -i G O IJ N T Y DATE: 9-28-15 DRAWN BY: RIB SHEET: 1 of 2 4183071 Pages: 4 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iii 14Ur11 T MIRA wiriirr' GVIi ilkillyh 11111 EXHIBIT-A S13-T3N-R65W ,._____..__ _----_______- ___--__._.__--1 �_- -- -----__--- N9'00' 3" _ - '_.._ WCR 34 _.._ 2 --------------- P.O.C. EXISTING UN-MAINTAINED <"g L2\,i I NE CORNER S13-T3N-R65W COUNTY ROAD AS PER ' 3 Y4 " A.C. STAMPED LS#10855 MILTON LAKE ESTATES j I 1998 IN MON. BOX FIRST FIL. RECP.#1550903 NE 1/4 $ ' r S13-T3N-R6SW I P.O.B. I r i 1 NW 1/4 ico1N' 518-T3N-R64W S5 JAMES & DIANE �►' •W�`°, LONE STAR LLC MILDENBERGER © N�� PARC.#121313101001 3 I aim' RECP.#2314714 till 0) t LOT 18 Nto � ( EXISTING 50' MILTON LAKE ESTATES o to') RIGHT-OF-WAY 1st, FIL. RECP.#1550903 z , MILTON LAKE EST. I FIRST FIL. I'll RECP.#1550903 ADDITIONAL RIGHT—OF—WAY ACQUIRED is ---EXISTING 30' 79,768.13 sf.± OR 1.83 ac.± All. $ I RIGHT—OF—WAY BK.658/PG.9 1918 )0)l N89'35'41"E I C1": LINE TABLE 20.00' Cc I BOND LINE BEARING DISTANCE iU: F L1 S00'24'19"E 100.51'I L2 S89'35'41"W 50.01' L3 S89'35'41"W 80.00' y L4 S45'41`43"E 70.35' M 1 oN N Z NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY t i PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY. E 1/4 COR 513-T3N-R65W ' , ,16` FRONT RANGE MILDENBERGER 3 Y4" A.C. STAMPED '? 1 ' ILLEGIBLE 199X . ` FEED LOTS LLC LOT-19 IN MON. BOX WELD COUNTY DEPARTMENT RIGHT OF WAY xg61 OF PUBLIC WORKS ACQUISITION @ _ I ��r � �. � , WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 MILDENBERGER LI PROJECT NO: SRP-26 SCALE: I"=200' WELD COUNTY,COLORADO i� -COQ N L' ' DATE: 9-28-15 DRAWN BY: MB SHEET: 2 of 2 4183071 Pages: 5 of 5 02/24/2016 12:42 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII 1Nr1 'Q lea lithilLAIMILTRAliiiiilii, BIM I Hello