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Home My WebLink About20161337.tiff RESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN - LONE STAR, 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 for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for 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 Lone Star, LLC, P.O. Box 26, Andrews, Texas 79714, commencing April 18, 2016, and ending January 1, 2019, or the completion of said project, whichever is earlier, with further 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 for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for 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 Lone Star, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said all necessary documents. CC : pw CX51 R_') 5-19-1(0 2016-1337 EG0073 AGREEMENT TO PURCHASE PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT- CR 49 - LONE STAR, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: f.I SC " Mike Freeman, Chair Weld County Clerk to the Board C Sea C way, Pro-Te czy— BY: �S c('i1l // Dep ail Clerk o the Board EL • ozad . . . ED AS •- • � � 186 �(� ti- -,."fir= Kirkmey�g,,, Co• tAttorney �[I�` lIeMoreno Date of signature: le 2016-1337 EG0073 RECEIVED ±, 1861 G - MEMORANDUM APR 1 1 2016 �.• WELD COUNTY 11., TO: Clerk to the Board DATE: 4/8/2016COMM►SSIONERS _GOIJNT Y�- 1 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Corridor Project Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement with Lone Star LLC. M9Frencie�AGENDA memosN6eada-TifGl.doc 2016-1337 - - - AGREEMENT FOR 1'HP.PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49,BETWEEN LONE STAR LLC AND WELD COUNTY, COLORADO THIS AGREEMENT is made this 7& day of A.pail , 2016, by and between LONE STAR LLC, a Texas Limited Liability Company, whose address is PO Box 26, Andrews, Texas 79714, hereinafter referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit"A" (hereinafter referred to as("Public Road Right-of-Way"), and WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C" (hereinafter referred to as ("Temporary Construction Easement"), and WHEREAS, County fmds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as"WCR 49 Corridor Improvement Project" (the"Project"), and WHEREAS, County requires the parcel of the Public Road Right-of-Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW,THEREFORE,the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and County agrees to purchase the Public Road Right- of-Way shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred and 00/100 Dollars, ($500.00). The parties acknowledge and agree that said purchase price represents full,fair and valuable consideration. 2. Owner agrees to convey at closing a 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 Three Hundred and no/100 Dollars, ($300.00). The parties Page 1 of 4 i 4200001 Pages: 1 of 8 05/02/2016 02:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII f�4��.rRLS�Yu4tlfh'LI�M1:i+14�Yr'J�h ��YJ�fi}N1 �Flr�Wrh II III 0/0/4, - /33 acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. Owner warrants that they are the Owner of the Public Road Rights-of-Way and the Temporary Construction Easement and will defend title thereto against all claims. 4. Owner agrees to grant the Public Road Right-of-Way to the County by Warranty Deed, free and clear of all liens and encumbrances, except existing easements. 5. Owner agrees to grant a Temporary Construction Easement to the County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 6. The Temporary Construction Easement shall commence upon mutual execution of this Agreement, and shall expire and be of no further force or effect on January 1, 2019, or upon the completion of the Weld County Road 49 Improvement Project, whichever is earlier. 7. 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 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. 8. Owner shall retain the mineral estate under the Public Road Right-of-Way and the Temporary Construction Easement, and shall also retain any water rights currently attached to or associated with the Public Right-of-Way and Temporary Construction Easement. 9. Owner shall deliver the fully executed Warranty Deed for the Public Road Right-of- Way to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 10. Owner shall pay any encumbrance associated with the Public Road Right-of-Way and the Temporary Construction Easement which is required to be paid, including,but not limited to, a prorated amount of the property taxes, and any past due property taxes, (and interest and penalties thereon), on or before the date of closing when Owner delivers the Warranty Deed to County. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right-of-Way and Temporary Construction Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall at closing pay for the cost of obtaining title insurance if County desires Page 2 of 4 4200001 Pages: 2 of 8 05/02/2016 02:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 101 H��1r�4LIY��,��i �«n�, L�W�,�h�tiPhT l�?�hktfi4 11111 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, as a condition of the granting of Temporary Construction Easement covenants and agrees to restore the property described in Exhibit "C" 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 field fence. The owner shall be responsible for subsequent maintenance on the permanent right of way fence, after it has been installed. 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, C.R.S. §24-10-101 et seq., as applicable now or hereafter amended. 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 Page 3 of 4 4200001 Pages: 3 of 8 05/02/2016 02:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III F4r1�IKI �flr4�'Ihd'h4i R�+ tiS�l�1{�@rhLf� 1I III 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:LONE STA LLC— - By: Title: farolertcr Print: 'y4y 0/U?z4 r Date: Oy/P? ro WELD COUNTY !! ATTEST: W „.5,C,L;t1 BOARD OF COUNTY COMMISSIONERS Weld C ty Clerk to the oard . _ ) WELD COUNTY, COLORADO BY: �/N 111t Vtc�neD .. Deputy Cl k to the B �+_trtom,` Mike Freeman, Chair APR 1 8 2016 Ire L APPROVED AS TO F � I `;;; � 'PROVED AS UB ANCE: Controllero� '; �v �EL ed l or Department Head APPROVED AS TO FORM: L — a/A. Director of General Services County Attorney Page 4 of 4 4200001 Pages: 4 of 8 05/02/2016 02:17 PM R Fee:$0.00 / Carly Koppes, Clerk and Recorder, Weld County, CO d?O//p -/33 Mill W1IRNCIIINIiJh'Ft+IKARIIRFA Ail, II ill EXHIBIT-A • 41—LONE STAR—ROW PROPERTY DESCRIPTION, A parcel of land being part of the North Half of the North Half (N1/2 N1/2) of Lot No. 1 of the Northwest Quarter (NW1/4) of Section Eighteen (18), Township Three North (T.3N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Northwest corner of said Section 18 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 18, being monumentalized by a #6 rebar with a 3 �/" diameter aluminum cap stamped `t.S10855, 1998" at the North end and by a #6 rebar with a 3 IA" diameter aluminum cap stamped "199?" (LS# , is Illegible) at the South end, as bearing South 00'24'19" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.64 feet, with all other bearings contained herein relative thereto: THENCE North 89'09'10" East along the North line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 30.00 feet to the East Right—of—way line of Weld County Road No. 49 established by that Accepted Road Viewer's Report recorded April 20, 1922 in Book 658 at Page 9 of the records of the Weld County Clerk and Recorder, said East Right—of—way line being Thirty (30) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 18, said point being the POINT OF BEGINNING; THENCE continuing North 89'09'10" East along the North line of the Northwest Quarter (NW1/4) of said Section • 18 a distance of 80.26 feet; THENCE South 00'50'50" East a distance of 30.00 feet to point being Thirty (30) feet, as measured at a right angle, South of the North line of the Northwest Quarter (NW1/4) of said Section 18; THENCE South 48'22'03" West a distance of 107.02 feet to said East Right—of—way line; THENCE North 00'24'19" West along sold East Right—of—way line a distance of 99.91 feet to the POINT OF BEGINNING. Said parcel of land contains 5,225 sq. ft. or 0.120 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The West Thirty (30) feet of the North Half of the North Half (N1/2 N1/2) of said Lot No. 1. Said existing Right—of—way contains 19,872 sq. ft. or 0.456 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. PPOLIF -as' 38106i• TS. 12.201 V.41sr'VIVA L.gO Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY ,,. ,, WELD COUNTY DEPARTMENT ACQUISITION 1�,!4 OF PUBLIC WORKS Rw-0l �r,►•-9 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 LONE STAR WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO +o itcmx„aa+. c„m.,,d,rn>ai exn;nn I `knit"irn@p6gSm„„v:""' DATE: 5-II-15 DRAWN BY: CDL SHEET: I oft 4200001 Pages: 5 of 8 05/02/2016 02:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, C0 ■IIIl��11t�t�ir�.lh4'k'�+�f4�.tiK��K�41�ih��lYl�t II III EXHIBIT-A POINT OF BEGINNING „ L1 L2 . _ . , - . . _ ., . - - . . - . . - . . • VCR 34 -- O t - --� J VIx 30' EXISTING RIGHT—OF—WAY NW CORNER - -(BOOK 86 PAGE 273) Sec.18, T.3N., R.64W. FOUND #6 REBAR WITH ' 3.25" ALUMINUM CAP ADDITIONAL RIGHT—OF—WAY STAMPED LS 10855, 1998 5,225s.f.± OR 0,120ac.± IN MONUMENT BOX POINT OF COMMENCEMENT NOTICE According to Colorado law you must commence any legal action based upon any defect in this survey wIthln three yews QS - after you fimt discover ouch defect. In no event moy any action based upon any thandefect n yearin s from sury the date of be etheed more LONE STAR LLC Lcertification t01�ahown hereon. y(1J—B 1a5 CAS. 2 ' PARC.#121518000018 DIANE P.&JAMES MILDENBERGER RECP.#3596826 LOT 18 MILTON LAKES I :tr. NOTE: TAIs exhibit drawing Is not Intended ESTATES FIRST FILING co 0 NW 1/4 to be o monumentollzed land survey. It's aj Z sole purpose Is as a graphic representation us¢ S18-T3N-R64W to old in the visualization of the written N < property description whirl It accompnies. al The written property description supersedes NE 1/0 the exhibit drawing, • 513-T3N-R65W I pr O 50'PIPELINE EASEMENT It in . TO PANHANDLE EASTERN PIPE LINE COMPANY o a (REC. NO. 1751441) am in 30' EXISTING RIGHT-OF-WAY ACCEPTED ROAD VIEWER'S REPORT (BOOK 658 PAGE 9) LINE TABLE LINE BEARING LENGTH ' S: L1 N89'09'10"E 30.00' I L2 N89'09'10'E - 80.26' i L3 500'50'50"E 30.00' L4 S48'22'03"W 107.02' W 1/4 CORNER Sec.1B, T.3N., R.64W. L5 N00'24'19"W 99.91' •FOUND #6 REBAR WITH 3.25" ALUMINUM CAP, ILLEGIBLE, 199X IN MONUMENT BOX RIGHT OF WAY �A�, WELD COUNTY DEPARTMENT ACQUISITION ►'��'r i OF PUBLIC WORKS �W a� 1\\1i►—.4 WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 LONE STAR WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=100' WELD COUNTY.COLORADO user Garden Darr I a,"a.or,r„y,ndoeo„u i,i","'errq GPI''1)1i I .mse.'"ES'0"" io,rmm, DATE: 5-I1-15 DRAWN BY: CDL SHEET: 2 oft 4200001 Pages: 6 of 8 05/02/2016 02:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO IIIIIPAI NI MIK Iii:: WILIIIICIOIIA vinyl lid 11111 EXHIBIT-C 41—LONE STAR—TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the North Half of the North Half (N1/2 N1/2) of Lot No. 1 of the Northwest Quarter (NW1/4) of Section Eighteen (18), Township Three North (T.3N.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Northwest corner of said Section 18 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 18, being monumentaiized by a #6 rebar with a 3 X" diameter aluminum cap stamped "LS10855, 1998" at the North end and by a #6 rebar with a 3 j4" diameter aluminum cap stamped '1997" (LS# is illegible) at the South end, as bearing South 00'24'19" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2649.64 feet, with all other bearings contained herein relative thereto: THENCE North 89'09'10" East along the North line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 30.00 feet to the East Right—of—way line of Weld County Road No. 49 established by that Accepted Road Viewer's Report recorded April 20, 1922 in Book 658 at Page 9 of the records of the Weld County Clerk and Recorder, said East Right—of—way line being Thirty (30) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 18; THENCE continuing North 89'09'10" East along the North line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 80.26 feet to the POINT OF BEGINNING; THENCE continuing North 89'09'10" East along the North line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 20.00 feet; THENCE South 00'50'50" East a distance of 39.16 feet; THENCE South 4822'03" West a distance of 133.71 feet to said East Right—of—way line; THENCE North 00'24'19" West along said East Right—of—way line a distance of 26.59 feet; THENCE North 48'22'03" East a distance of 107.02 feet to a point being Thirty (30) feet, as measured at a right angle, South of the North line of the Northwest Quarter (NW1/4) of said Section 18; THENCE North 00'50'50" West a distance of 30.00 feet to the POINT OF BEGINNING. Said strip of land contains 3,099 sq. ft. or 0.071 acre, more or less (*), and may be subject to any rights—of—way or other easements of record or as now existing on said ,described strip of land. O !C • � .o 38105 t! [G 04A517. 211 . t2 06. Om 'antes. %INA 10i Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION �14$ea.OF PUBLIC WORKS rE-al IN► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 LONE STAR WCR 49 ICING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO Ph...“(910)686-5011 CulnmW "- mic(9iq 4tl6 ,, 5011 l , ,a mr,C,l�nscu"eW . ,.cnn DATE: 5-Il-15 DRAWN BY: CDL SHEET: I oft 4200001 Pages: 7 of 8 05/02/2016 02:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III R1r11��414��jh�tilf4:h: (�tiI�Kh17 ikirkra i 11111 1 EXHIBIT-C POINT DF BEGINNING . L1 • • L2 L3 _ - • _ _ . - 03 wt I �1 30' EXISTING RIGHT—OF—WAY W CORNER I �; !vy• (BOOK 86 PAGE 273) Sec.18, T.3N., R.64W. l FOUND #6 REBAR WITH - 3.25" ALUMINUM CAP 9 % 20' TEMPORARY EASEMENT STAMPED LS 10855, 1998 I 3,099s.f.± OR 0.071ac.± IN MONUMENT BOX POINT OF COMMENCEMENT I NO11CF • According to Colorado law you must commence any legal action based upon any defect in this survey within three years I I after you first discover such defect. In no I event may any action based upon any �' I defect in this survey be commenced more • than ten years from the date of the certification shown hereon. (/3-60-105 LONE STAR LLC CAS. 2012) I PARC.#121518000018 DIANE P.&JAMES I f RECP.#3596826 MILDENBERGER LOT IS MILTON LAKES 'a^. I NOTE This exhibit drawing is not intended ESTATES FIRST FILING I m Z I NW 1/4 to be a monumentaihed land survey. It's Im 518-T3N-R64W sole purpose is as a graphic representation to m to aid N the visualization of the written N Q property description which it accompanies. CO I The written property description supersedes NE 1/e the exhibit drawing. 517-TIN-R65W I `a,o I 50'PIPELINE EASEMENT a 1n , I TO PANHANDLE EASTERN PIPE LINE COMPANY o a • I (REC. NO. 1751441) NmII 1 I 30' EXISTING RIGHT—OF—WAY ACCEPTED ROAD - I VIEWER'S REPORT l I (BOOK 658 PAGE 9) LINE TABLE LINE BEARING LENGTH IL1 NB9'09'10"E 30.00' I I L2 x89'09'10"E 80.26' L3 N89'09'10"E 20.00' II L4 SO0'50'50"E 39.16' LS 548'22'03"W 133.71' W 1/4 CORNER L6 NO0'24'19"W 26.59' Sec.18, T.3N., R.64W. . •FOUND #6 REBAR WITH • L7 N48'22'03"E 107.02' 3.25" ALUMINUM CAP, dr ILLEGIBLE, 199X LB NOD'50'50"W 30.00' IN MONUMENT BOX TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION ��rid OF PUBLIC WORKS LTI:-•ly \,..1., WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 LONE STAR WCR 49 KING SURVEYORS PROJECT N0: SRP-26 SCALE: 1"eI00' WELD COUNT)).COLORADO p o311 L.a„n,,,Dm,.-11%'in,uo.,o,wmuo 6n331, lmnc:ry,UI M1..6ia I i cnnklniutiK,nySu" ""c•"' DATE: 5-II-15 DRAWN BY: COL SHEET: 2of2 4200001 Pages: 8 of 8 05/02/2016 02:17 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1III FIJRIFEVIM:I4 N IL1IJJNY VP I i*OYltii II III MEMORANDUM SITEL L kh.„, TO: Clerk to the Board DATE: 4/26/2016 0�I J N -( Y FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc#2016-1337 RECEIVED Warranty Deed with Lone Star LLC APR 2 7 2016 WELD COUNTY COMMISSIONERS M,Wrancie\AGENDA memo&Agenda-WarranryDeed.doc 5- -aol6 5 02_ 020/2,- 337 E-Goa73 WARRANTY DEED THIS DEED made this 15— day of f ri 1 , 201 f, , between LONE STAR LLC, a Texas Limited Liability Company, whose address is PO Box 1715, Gainesville, Texas 76241, 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: 15988 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. • 4200749 Pages: 1 of 5 05/04/2016 11:04 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III FrOlA tiQIrillivtla 11.11111MT+Lliyi ■I III 070/0 - /3 3 7 IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. OWNER: LONE Cody Ortowski President Cod Ortows Title State of TeXa 5 ) )ss. County of Coo Se ) The foregoing instrument was acknowledged before me this 15 day of A pri I ,201i0, by Cody Ortowski,the ?RE SID CS T of Lone Star LLC, Owner. Witness my hand and official seal. I " ,; BREIGH MILLS g ' My Notary February 116y2,202 t7 zragty`` Expires Feb nary 23,2020 Notary Public My commission expires: 01/23A0.1-0 4200749 Pages: 2 of 5 05/04/2016 11:04 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III ValtY1UICANIA'MOYM1NWilmhMaid II III 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 O�'`l9 day of , 2016. ATTEST: C/ `e' " COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS t Es La STATE OF COLORADO THE COUNTY OF WELD test ilt -w^ 4nn BY: �J� 1�� 1� 10 ��4i l �� '; � BY: 'd I 1-4-Y4. De.uty Clerk to the Board Mike Freeman, Chair MAY 0 2 2016 BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) he foregoing instrument was acknowledged before me this Doti1-' day of , 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF THE CO TY OF WELD. Witness my hand and official seal. Notary Pu is My commission expires: /0.21/470.29/ p OJ 0 CHERYL LYNN HO MAN NOTAEV STATE OF COLD iA03 NOTARY ID 201440.48344 MY COMMISSION EXPIRES uEC. 19, 2018 4200749 Pages: 3 of 5 Carly Koppes, Clerk 05/04/2016 11:04 and R Fee:$0.00 0 Fee:$0.00 VIII ir1rim1liniuL'airir+i hm4cl eSWvrtiEIIII 020/6-4337 EXHIBIT-A 41—LONE STAR—ROW PROPERTY DESCRIPTION A parcel of land being part of the North Half of the North Half (N1/2 N1/2) of Lot No. 1 of the Northwest Quarter (NW1/4) of Section Eighteen (18), Township Three North (T.3N.), Range Sixty—four West (R.64W.).of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING•at the Northwest corner of said Section 18 and assuming the West line of the Northwest Quarter (NW1/4) of said Section 18, being monumentalized by a #6 rebar with a 3 %" diameter aluminum cap stamped 'LS10855, 1998'• at the North end and by a #6 rebar with a 3 14" diameter aluminum cap stamped '199?" (LS# is illegible) at the South end, as bearing South 00'24'19" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, o distance of 2649.64 feet, with all other bearings contained herein relative thereto: THENCE North 89'09'10" East along the North line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 30.00 feet to the East Right—of—way line of Weld County Road No. 49 established by that Accepted Road Viewer's Report recorded April 20, 1922 in Book 658 at Page 9 of the records of the Weld County Clerk and Recorder, said East Right—of—way line being Thirty (30) feet, as measured at a right angle, East of and parallel with the West line of the Northwest Quarter (NW1/4) of said Section 18, said point being the POINT OF BEGINNING; THENCE continuing North 89'09'10" East along the North line of the Northwest Quarter (NW1/4) of said Section 18 a distance of 80.26 feet; THENCE South 00'50'50" East a distance of 30.00 feet to a point being Thirty (30) feet, as measured at a right angle, South of the North line of the Northwest Quarter (NW1/4) of said Section 18; THENCE South 48'22'03" West a distance of 107.02 feet to said East Right—of—way line; THENCE North 00'24'19" West along said East Right—of—way line a distance of 99.91 feet to the POINT OF BEGINNING. Said parcel of land contains 5,225 sq. ft. or 0.120 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing on said described parcel of land. TOGETHER WITH EXISTING RIGHT—OF—WAY OF WELD COUNTY ROAD NO. 49, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:The West Thirty (30) feet of the North Half of the North Half (N1/2 N1/2) of said Lot No. 1. Said existing Right—of—way contains 19,872 sq. ft. or 0.456 acre, more or less (±), and may be subject to any rights—of—way or other easements of record or as now existing within said described existing Right—of—way. Pr'O • iq :.•._.% .ate r•'c j T < • �j ! v ; 38106 yon , 2-•21)1 4200749 Pages: 4 of 5 05/•••••e••• . — Carly Koppe6 11:04 s, Clerk and Recor ,0 D 000 der,, Weld County,$ 0 %IL LP, °_ C�ri�«1�k4�LIPrR+Id II III Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION �� OF PUBLIC WORKS nw-al \1 ►.,.. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)32&34 LONE STAR WCR 49 ICING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO 650 C.Garden Din. I Windsur,Cnb,ndn F0550 Pa. nrON;6X6-.50)I I conilAilro@s,11:cmytY0"n" DATE: 5-II-IS DRAWN BY: CDL SHEET: 1 oft EXHIBIT-A • POINT OF BEGINNING . L7 �L2 - WaR .?a I-3 - ____ ____ - ___ - - vk t30' EXISTING RIGHT-OF-WAY NW CORNER (BOOK 86 PAGE 273) Sec.18, T.3N., R.64W. FOUND #6 REBAR WITH 3.25" ALUMINUM CAP ADDITIONAL RIGHT—OF—WAY STAMPED LS 10855, 1998 5,225s.f.± OR 0.120ac.± _ IN MONUMENT BOX NO71f.F POINT OF COMMENCEMENT According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no i event may any action based upon any - defect in this survey be commenced more / I than ten years from the date of the certification shown hereon. (13-80-105 ;i LONE STAR LLC C,R.S, 2012) I PARC.#121518000018 DIANE P. &JAMES I RECP.#3596826 • MILDENBERGER LOT 18 MILTON LAKES I ' l - NO1E: This exhibit drawing Is not Intended ESTATES FIRST FILING IED0 ' I NW 1/4 to be o monumentalized land survey. It's j I 536-T3N-R64W to te purpose aid in the Ivi visualization s as a hot the ic r representation written EiNN Q 1%4; property description which It accompanies. The written property description supersedes NE 1/4 w 03 !/.i the exhibit drawing. 513-T3N-R65W a i , o 50'PIPELINE EASEMENT a rn TO PANHANDLE EASTERN PIPE LINE COMPANY N ¢ ' "I (REC. Na 1751441) 00 a 30' EXISTING RIGHT-OF-WAY ACCEPTED ROAD _ VIEWER'S REPORT (BOOK 658 PAGE 9) • LINE TABLE LINE BEARING LENGTH • _ L1 N89'09'10"E 30.00' • q i L2 N89'09'10"E 80.26' L3 500'50'50"E 30.00' L4 S46'22'03"W 107.02' W 1/4 CORNER Sec.18, T.3N., R.64W. L5 NO0'24'19"W 99.91' •FOUND #6 REBAR WITH • 3.25" ALUMINUM CAP, ILLEGIBLE, 199X IN MONUMENT BOX RIGHT OF WAY .A. WELD COUNTY DEPARTMENT ACQUISITION �� i, OF PUBLIC WORKS Rw-a1 t mi. i:11. WCR 49 CORRIDOR PROJECT \ BETWEEN WCR(s)32&34 LONE STAR WCR 49 ICING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=100' WELD COUNTY,COLORADO L5u9.Gaden ud I Wiad,or.Colorado 10550 im„„c;(90j6eu.5ou I "natlinai1`i4urrWu.cum DATE: 5-11-I5 DRAWN BY: CDT, SHEET: 2of2 4200749 Pages: 5 of 5 05/04/2016 11:04 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO • ■III FailYlEj .IPC If tidi+,IIJ iF Illil itihlb,if id NI III Hello