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Home My WebLink About20160479.tiff RESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - GABRIELA CAMPOS RAMIREZ AND PEDRO SAUCEDO PEREZ 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 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 Gabriela Campos Ramirez and Pedro Saucedo Perez, 14751 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 for the Purchase of Public Road Right-of-Way 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 Gabriela Campos Ramirez and Pedro Saucedo Perez 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. 2016-0479 EG0073 r?C(► 14 Cis/TS /Fc) 4P- RE: AGREEMENT CONCERNING THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - GABRIELA CAMPOS RAMIREZ AND PEDRO SAUCEDO PEREZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:�1,�Qtho1! ;ok Le— Mike Freeman, Chair Weld County Clerk to the Board Seyi P. Conway, Pr -Tern BY: 1 CULL. (� D uty Clerk to th Boa �- L OtagAIL- ,c4di Barbara Kir mey r • APP .' D ' ��'� ' '1 ISMtiVt.4{2 /del'44 J . Cozad �i�ii�! •unty Attorney ? 1. Steve Moreno Date of signature: 47 2016-0479 EG0073 .., 181 MEMORANDUM , vX14 i i I i' TO: Clerk to the Board DATE: 1/22/2016 J 1: C_0 U_N T Y FROM: Tiffane Johnson RECEIVED Public Works Department JAN 2 Z 2016 SUBJECT: Agenda Item WELD COUNTY IAI tID:RS ® Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement for Certain Improvements to WCR 49 between WCR 30 & WCR 32 with Gabriela Campos Ramirez and Saucedo Perez. M:\FrancielAGENDA memos\Agenda-Tiff-1.doc 2016-0479 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN Gabriela Campos Ramirez and Pedro Saucedo Perez and WELD COUNTY, COLORADO THIS AGREEMENT is made this ,j day of ` \-c mbe..( , 2015, by and between Gabriela Campos Ramirez and Pedro Saucedo Perez, whose address is 14751 County Road 49, La Salle, CO 80645, hereinafter collectively referred to as "Owner," and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 'O' Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "A" (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, 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 Two Thousand, One Hundred Sixty Seven and 00/100 Dollars, ($2,167.00). 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"B" (a copy of which is attached hereto and made a part hereof by this 4178690 Pages: 1 of 10 07 /6 02/04/2016 O 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III l�!rj1,'��'I �l�i�'!+J'�«'i«�1�k�ir��I�J',Yi,�i� iI III reference), for the sum of Five Hundred Three and 25/100 Dollars, ($503.25). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before October 10, 2015 the County shall pay the amount described in Paragraph Three "3" of the County's Rights and Responsibilities. 4. 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. 5. 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. 6. 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. 7. The Temporary Construction Easement shall commence on the day the contractor enters the property to begin construction of the Weld County Road 49 Improvement Project and shall expire and be of no further force or effect after three (3) years, or upon the completion of the Weld County Road 49 Improvement Project, whichever is earlier. 8. 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 "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. 9. 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. 10. 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. 11. 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 4178690 Pages: 2 of 10 Page 2 of 5 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly KopPes, Clerk and Recorder, Weld 'unt', CO I� VIII PliA iati ,4i«t�+d t,NMI,R�M tk L'�,�'ih',�IB„k II III 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 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 Eight Thousand, Four Hundred, and Seventy One Dollars ($8,471.00)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 October 10,2015. If the agreement is not signed and returned on or before October 10,2015, the County shall maintain its current offer of Fair Market Value of Seven Thousand, Six Hundred Seventy Dollars ($7,670.00) 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. 5. 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 boundary of the new right of way being acquired hereunder. 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 4178690 Pages: 3 of 10 Page 3 of 5 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes• Clerk and Recorder, Weld County CO VI II!!!�11L'�i�+r MOO i,��'1��,�:F��l��N�'Y��i��;tl��,�� I III 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. 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. 4178690 Pages: 4 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 CarlyuKoppess, Clerk and Recorder, Weld County, CO •i i R��'��'i Y�� Yr'iii � ��r��l�i�ifttr��:1+I%'�' ,�H i I Page 4 of 5 IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Gabriela Campos Ramirez and Pedro Saucedo Perez By: Title: CO n By: eld Saa6Pcl Title: ATTEST: J '11 BOARD OF COUNTY COMMISSIONERS Weld C. io t Clerk to the Board WELD COUNTY, COLORADO BY: Deputy C! rk to the B� s � �� Mike Freeman, Chair FEB 0 1 2016 APPROVED AS TO FUN' Hwy PPROVED AS TO SUBSTANCE: Vair ti Controller ``` -�,�= ' Eltete 0 i cial or Department Head APPROV D AS TO FORM: NIA Director of General Services County Attorney Page 5of5 4178690 Pages: 5 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 �D/ /�� / O Carly Koppel, Clerk and Recorder, Weld County, CO CO liii EVZIAP1,41111:144 r SII) EXHIBIT-A 30-PEREZ+RAMIREZ-ROW PROPERTY DESCRIPTION A parcel of land being part of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of Section Twenty—four (24), Township Three North (T.3N.), Range Sixty-five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 24 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 24, being monumentalized by a #6 rebor with an illegible 2 )44" diameter aluminum at the South end and by a #6 rebar with a 2 1,4" diameter aluminum cap stamped "Greenhorne & O'Mara" (year and LS# were illegible) at the North end, as bearing North 00'23'13" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2659.39 feet, with all other bearings contained herein relative thereto: THENCE South 89'48'53" West along the South line of the Northeast Quarter (NE1/4) of said Section 24 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49 established by that Right—of—way Deed recorded June 7, 1939 in Book 1046 at Page 7 of the records of the Weld County Clerk and Recorder, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 24; THENCE North 00.23'13" West along said West Right—of—way line a distance of 1329.56 feet to the South line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24, said point being the POINT OF BEGINNING; THENCE South 89'37'03" West along the South line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24 a distance of 30.35 feet; THENCE North 00'22'18" West a distance of 11.41 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 645.49 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 02'20'43" and a long chord bearing North 00'48'03" East a distance of 645.44 feet; THENCE North 01'58'24" East a distance of 8.04 feet to the North line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24; THENCE North 89'31'08" East along the North line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24 a distance of 16.64 feet to said West Right—of—way line; THENCE South 00'23'13" East along said West Right—of—way line a distance of 664.78 feet to the POINT OF BEGINNING. Said parcel of land contains 17,169 sq. ft. or 0.394 acre, more or less (t), 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 East Forty (40) feet of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24. Said existing Right—of—way contains 26,592 sq. ft. or 0.610 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. IC V ff' " 381O6 y o ; �, o •1L101�•: ,aft ss•• ........••`•5�;s °ALL Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT is P.+ OF PUBLIC WORKS ACQUISITION --so ,� ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 RAMIREZ AND PEREZ WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO 650 E.Cn Windsor,Dm', I Colorado 80550 phone:(970)686-50n I email:inf@Kingsnnveyors.com DATE: 5-9-15 DRAWN BY: CDL SHEET: I of 2 4178690 Pages: 6 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 CarlylKoppees. Clerk and Recorder, ,WleldLCounty, CO.I II1 ,III�I r.t I�irli i liti Mi'llrlif 'II I� :ila�III ,I II EivI ILI IT-� NE CORNER Sec. 24, T.3N., R.65W. I { FOUND #6 REBAR WITH '2.5" ALUMINUM CAP ILLEGIBLE IN MONUMENT BOX NOTICE ROBERT H.MIKES& ( According to Colorado law you must RONALD W.MIKES I commence any legal action based upon I 1 any defect in this survey within three years L4 L5 after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more 25' ROADWAY/OIL AND GAS - than ten years from the dote of the O, certification shown hereon. (13—g0-105 LOPERATIONS EASEMENT M IfI C.R.S. 2012) TO HS RESOURCES, INC. 6 z (REC. NO. 2500695) CO Q NOTE: This exhibit drawing Is not intended Iii to be a monumentolized land survey. It's CO sole purpose is as o graphic representation to aid in the visualization of the written property description which it accompanies. GABRIELA CAMPOS O The written property description supersedes RAMIREZ &PEDRO V the exhibit drawing. SAUCEDO PEREZ o PARC.#121324000023 N Z ' RECP.#3796873 �' E3 w cis NE 1/4 S24-T3N-R65W R65W o N TEN HAND TRUST& LINE TABLE ' I ALVIN DECHANT Jr. LINE BEARING LENGTH & SCOTT DECHANT L1 S89'48'53"W 40.00' ADDITIONAL RIGHT—OF—WAY I L2 S89'37'03"W 30.35' 17,169s.f.± OR 0.394ac.± S19N 3N R64W L3 NOO'22'18"W 11.41' 40' EXISTING RIGHT-OF-WAY (BOOK 1046 PAGE 7) L4 NO1'58'24'E 8.04' ...I-POINT OF BEGINNING I L5 I N89'31'0R"F I 16,F4' L3---• 1,--f - L2 co I CURVE TABLE FLORENCE M. t I.- • NOPENS M °'ll: CURVE LENGTH RADIUS DELTA CHORD CH BEARING Fill: z Cl 645.49' 15770.00' 220'43" 645.44' NO0'48'03"E E 1/4 CORNER I Sec. 24, T.3N., R.65W. I I FOUND #6 REBAR WITH 2.5" ALUMINUM CAP ILLEGIBLE IN MONUMENT BOX L1 POINT OF COMMENCEMENT RIGHT OF WAY .A., WELD COUNTY DEPARTMENT �/ r:r OF PUBLIC WORKS ACQUISITION RW-30 ,\1 b.1 WCR 49 CORRIDOR PROJECT \ BETWEEN WCR(s)30&32 RAMIREZ AND PEREZ WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' WELD COUNTY,COLORADO (r 0 E.Gal 50 I \C'indsar,Colorado 8(KS ohon`:('''''' I I `'nail:info.Kingsun"`co"`n"' DATE 5-9-15 DRAWN BY: CDL SHEET: 2ot'2 4178690 Pages: 7 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III MrADVelibiCATI tV WIC4i kli■`s l Bill EXHIBIT-B 0-PEREZ+RAMIREZ-ICE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of Section Twenty—four (24), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 24 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 24, being monumentalized by a #6 rebar with an illegible 2 16" diameter aluminum at the South end and by a #6 rebar with a 2 34" diameter aluminum cap stamped `Greenhorne & O'Mara" (year and LS# were illegible) at the North end, as bearing North 00'23'13" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2659.39 feet, with all other bearings contained herein relative thereto: THENCE South 89'48'53" West along the South line of the Northeast Quarter (NE1/4) of said Section 24 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49 established by that Right—of—way Deed recorded June 7, 1939 in Book 1046 at Page 7 of the records of the Weld County Clerk and Recorder, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 24; THENCE North 0023'13" West along sold West Right—of—way line a distance of 1329.56 feet to the South line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24; THENCE South 89'37'03" West along the South line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24 a distance of 30.35 feet, said point being the POINT OF BEGINNING; THENCE continuing South 89'37'03" West along the South line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24 a distance of 20.00 feet; THENCE North 00'22'18" West a distance of 11.42 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 646.31 feet to a Point of Tangency (PT), said curve having a radius of 15790.00 feet, a central angle of 02'20'43" and a long chord bearing North 00'48'03" East a distance of 646.26 feet; THENCE North 01'58'24" East a distance of 7.18 feet to the North line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24; THENCE North 89'31'08" East along the North line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24 a distance of 20.02 feet; THENCE South 01'58'24" West a distance of 8.04 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 645.49 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 02'20'43" and a long chord bearing South 00'48'03" West a distance of 645.44 feet; THENCE South 00'22'18" East a distance of 11.41 feet to the POINT OF BEGINNING. Said strip of land contains 13,298 sq. ft. or 0.305 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. Pro /C`S'I ' 1 ii:;.. ' U i D •2 38106 y%o mi cc cc,, of ll ss�•°•• **.c.&' •cJQ' Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT lr WELD COUNTY DEPARTMENT ACQUISITION 44 # OF PUBLIC WORKS TE-30 41 \' ► . WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 RAMIREZ AND PEREZ WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 650 E.Carden Drive I Windsor,Colorado 80550 WELD COUNTY,COLORADO phone:070;686-5011 I cmai6 inf a-ngSo,veyors.00m DATE: 5-9-15 DRAWN BY: CDL SHEET: 1 of 2 4178690 Pages: 8 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO Ill PALMIChtiii:filliAllinr,irkli Aljlil BM I l EXHIBIT-B NE CORNER Sec. 24, T.3N., R.65W. FOUND #6 REBAR WITH 2.5" ALUMINUM CAP ILLEGIBLE IN MONUMENT BOX NOTICE ROBERT H. MIKES& I According to Colorado law you must RONALD W. MIKES commence any legal action based upon I i any defect in this survey within three years L5 L6 I 7 after you first discover such defect. In no --1 event may any action based upon any defect in this survey be commenced more than ten years from the dote of the 25' ROADWAY/OIL AND GAS .01- , certification shown hereon. (13-80-105 OPERA PONS EASEMENT I . r7 N C.R.S. 2012) L • � I HS RESOURCES, z TO INC. u7 - (REC. NO. 2500695) co < NOTE: This exhibit drawing is not intended N < to be a monumentalized land survey. It's msole purpose is as a graphic representation to aid in the visualization of the written L� property description which it accompanies. GABRIELA CAMPOS I M O The written property description supersedes N to the exhibit drawing. RAMIREZ & PEDRO I N 175 SAUCEDO PEREZ .CD LINE TABLE Z PARC.#121324000023S: RECP.#3796873 I LINE BEARING LENGTH I L1 S89'48'53"W 40.00' i !f' NE 114 i L2 589'37'03"W 30.35' I S24-T3N-R65W TEN HAND TRUST& L3 S89'37'03"W 20.00' ALVIN DECHANT Jr. L4 N00'2218"W 11.42' & SCOTT DECHANT 20' TEMPORARY EASEMENT L5 N0V58'24"E 7.18' 13,298s.f.± OR 0.305ac.± i L6 N89'31'08"E 20.02' i I NW 1/4 S19-T3N-R64W L7 S01'58'24"W 8.04' 40' EXISTING RIGHT-OF-WAY (BOOK 1046 PAGE 7) I L8 SO0'22'18"E 11.41' L4 L8 - L2I L3 CURVE TABLE I CURVE LENGTH RADIUS DELTA CHORD CH BEARING POINT OF BEGINNING in FLORENCE M. Cr;I c,. I Cl 646.31' 15790.00' 2'20'43" 646.26' NO0'48'03"E M p NOPENS T. C2 645.49' 15770.00' 2'20'43" 645.44' S00'48'03"W S I E 1/4 CORNER i Sec. 24, T.3N., R.65W. i i FOUND #6 REBAR WITH I 2.5" ALUMINUM CAP I ILLEGIBLE L1 IN MONUMENT BOX i POINT OF COMMENCEMENT TEMPORARY EASEMENT .A.. WELD COUNTY DEPARTMENT ACQUISITION 4* P.. OF PUBLIC WORKS AC Q TE-30 till 6.1. WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 RAMIREZ AND PEREZ WCR 49 DING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=150' "I I.Garden Unrr I VA Indrnr.I olomdn%uiju WELD COUNTY.COLORADO Ph'''''' 9'")"""I l '''"'"""O''''''"^"'''''""' DATE: 5-9-15 DRAWN BY: CDL SHEET: 2of2 4178690 Pages: 9 of 10 02/04/2016 01:26 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County: CO 1111kirdinialliiiiMA hili'lgiliiiI I Icl iNililii iiiil 'III PHOTO EXHIBIT •r y ,, -74-'; �", � NE CORNER S24 T3N-R65W kI � x, ' ROBERT H. MIKES& • ¢„' ,-'- c RONALD W. MIKES ,�g' 4> 3 $ s V n$-7404,ae3. +l4 u-'i ' Y ',,: .1 '� .,'-t-4;.,7-7„,77-,..,--4- - , .;. ..�.,., ra + , : a ,+s '" '$�� "s,�' 6 x - r; r.r` `,�,�",p$kCa" `. .v-.,„„t,.;."1:71-7447 ,,.i "'.w'1+ "� 'ms s x ,5. , ` - ?�r yi,C,ti' " t,, ';',O g>g �4 - .2w ^ O: 1, � s�: �" s` ADDITIONAL RIGHT—OF—WAY g ,. 17,169s,f.t OR 0.394act. .1� � 4 '''.7 ,} Y$ .' ' :r` #r ..A,,,-,4,,,.-4.c.,4-.,,,,..,1e,, - 6w ,fry 20' TEMPORARY EASEMENT `' � r z;'" � 13 298s.f.t OR 0.305ac.t " x N. o- ,r , e 4 : • ,,-,-4., y ` , ,- � s. . * '''''4'40' EXISITNG RIGHT-OF-WAY" TEN HAND TRUST& `:' " `4- ,4%,,,747t---I-,-, t : (BOOK 1046 PAGE 7) �„ .0 a ALVIN DECHANT Jr . ~ •, - 1 ,'4 &SCOTT DECHANT -,,t7747, "� y GABRIELA CAMPOS'` 7 * - r ' "; RAMIREZ & PEDRO !# i• q sip T3 64W , `. }* � SAUCEDO PEREZ . • r , . , �;; t,.4. 4.4t..'.��; � 4 -- '# �. NE 1/4 i • ,.a . c▪ r:',,, 41,-,", ;w .---,1.A.4::if s r r ; M ';,. r S24;T3N R65W1 . . x"r •,, "a +c o- . � '," -* e '% � .,§. r fr<,d1 #+ . ,z• pa, tw• r £"' $P'7 - . .'1/ n-..*,'';t;;-::.*i'd. ' it'''," ti;,.- ‘);";'14..:%.1' '7 ';',;y,,-;*:.4,,,,',.47-:!%4 #'-. ;:t,,, ,.!.i.p,„..,..,tcm.,:lik,„...Ir. ,:v„:••,:.•„ .. :''',;-*7,t4 'ate ;4,-47:- z � - r i. ,-- it ,. t �r ° - ,.1M tI 1 I .1...„4„,,,,,..,.... „..i,,.;‘,..10„14 ,47,:,,,*4*..4,7*.417':-.7i,„1" ■ 7 ,� FLORENCE , ,r- _ �' x" `� �; M. NOPENS il ilE 1/4 CORNER S24-T3N-R65W -' � : • ,A* WELD COUNTY DEPARTMENT PHOTO EXHIBIT �� P;.00OF PUBLIC WORKS CD %* ►�, WCR49 WCR(CORRIDOs)P 30 OJECT&32 RAMIREZ AND PEREZ WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' 65n i..(: k Dnrc ACinsor,t:dnrada whin WELD COUNTY,COLORADO t,i, ,,,._-,�,u,cka,-;ni i i 1.:,:::'"...::'171" •,,,,a: ''' ti,,,Es,'-,',,,r.c,,,» DATE: 5-9-15 DRAWN BY: CDL SHEET: 1 of 1 4178690 Pages: 10 of 10 02/04/2016 01:26 PM R Fee:$0.00 0 Fee:$0.00 Car 1y.■1Koppes, Clerk and Recorder, Welld County, 'I■CO ,III�Iir1lA�IQit{��II.� rI t�tlt.tl■# N ' I��tl�l ,I III i61 , MEMORANDUM L I, r TO: Clerk to the Board DATE: 2/23/2016 cout•rrYx FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc#2016-0479 Warranty Deed with Gabriela Ramirez Campos and Pedro Saucedo Perez for improvements to WCR 49 between WCRs 30 & 32 (south). RECEIVED FEB 2 3 2016 COMMISSIONERS M:\Franci=AGENDA memos\Agenda-WarrantyDeed.doc A89 66;(16'a)Cf, 10) �a�� •0i/77 1 WARRANTY DEED THIS DEED made this D/VT day of , 20/4', between Gabriela Ramirez Campos and Pedro Saucedo Perez, whose address is P Box 1058, Fort Lupton, CO 80621, 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: 14751 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.4185187 Pages: 1 of 5 O2O/6'.—d I/7? 03/02/2016 03:55 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell K IM M :MAIM I" IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. Oailt Pa-3 GABRIELA RAMIREZ CAMPOS, Owner r74/ EDRO SAUCEDO PEREZ, Owner State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this 2--eiday of GROttS1, 20/K, by Gabriela Ramirez Campos and Pedro Saucedo Perez. JAMES R.FLESHER Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154039602 MY COMMISSION EXPIRES OCTOBER 7,2019 otary Public My commission expires: (0/41 4185187 Pages: 2 of 5 03/02/2016 03:55 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iii Eir11l! N 11M.'r1,:Mk 11111 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 �9 day of , 2016. ATTEST: ddr.41.1 X144;i1 COUNTY OF WELD, A BODY CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE COUNTY COMMISSIONERS OF STATE OF COLORADO THE COUNTY OF WELD ILZ Depu Clerk to the Board '' Mike Freeman, Chair p y361 '•� � r� FEB 2 9 2016 ,•� "��BOARD OF COUNTY COMMISSIONER OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD ) T e foregoing instrument was acknowledged before me this �9'`e day of 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF THE COUN OF WELD. Witness my hand and official seal. Notary Pu is My commission expires: /0,11/9A2,0/1 CHERYL LYNN HOFFMAN ARY PUBLIC STCNL: COLORADO NO1'A,7Y ID 20144048044 MY COMMi .... .:APIRES DEC. 19, 2018 4185187 Pages: 3 of 5 03/02/2016 03:55 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO c,2,0/6 —0 IIIII Bill EXHIBIT-A 30—PEREZ+RAMIREZ—ROW PROPERTY DESCRIPTION A parcel of land being part of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of Section Twenty—four (24), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the East Quarter (E1/4) corner of said Section 24 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 24, being monumentalized by a #6 rebar with an illegible 2 34" diameter aluminum at the South end and by a #6 rebar with a 2 h" diameter aluminum cap stamped "Greenhorne & O'Mara" (year and LS# were illegible) at the North end, as bearing North 00'23'13" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2659.39 feet, with all other bearings contained herein relative thereto: THENCE South 89'48'53" West along the South line of the Northeast Quarter (NE1/4) of said Section 24 a distance of 40.00 feet to the West Right—of—way line of Weld County Road No. 49 established by that Right—of—way Deed recorded June 7, 1939 in Book 1046 at Page 7 of the records of the Weld County Clerk and Recorder, said West Right—of—way line being Forty (40) feet, as measured at a right angle, West of and parallel with the East line of the Northeast Quarter (NE1/4) of said Section 24; THENCE North 00'23'13" West along said West Right—of—way line a distance of 1329.56 feet to the South line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24, said point being the POINT OF BEGINNING; THENCE South 89'37'03" West along the South line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24 a distance of 30.35 feet; THENCE North 00'22'18" West a distance of 11.41 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the East a distance of 645.49 feet to a Point of Tangency (PT), said curve having a radius of 15770.00 feet, a central angle of 02'20'43" and a long chord bearing North 00'48'03" East a distance of 645.44 feet; THENCE North 01'58'24" East a distance of 8.04 feet to the North line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24; THENCE North 89'31'08" East along the North line of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24 a distance of 16.64 feet to said West Right—of—way line; THENCE South 00'23'13" East along said West Right—of—way line a distance of 664.78 feet to the POINT OF BEGINNING. Said parcel of land contains 17,169 sq. ft. or 0.394 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 East Forty (40) feet of the South Half of the Northeast Quarter of the Northeast Quarter (S1/2 NE1/4 NE1/4) of said Section 24. Said existing Right—of—way contains 26,592 sq. ft. or 0.610 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. IC \\► 4/ 38106 v:• oi 4185187 Pages: 4 of 5 l) F • Jj.i 03/02/2016 03:55 PM R Fee:$0.00 D Fee:$0.00 l� ••••••••• ••� GJ � Carly Koppes, Clerk and Recorder, Weld County, CO ''WAL I_AN°_ lIII Mr.NTH1 4 ' III Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY .A.. WELD COUNTY DEPARTMENT ACQUISITION P# , OF PUBLIC WORKS RW 30 \ ► WCR 49 CORRIDOR PROJECT BETWEEN WCR(s)30&32 RAMIREZ AND PEREZ WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A WELD COUNTY,COLORADO 650 E.Garden Drive I Windsor,Colorado 80550 phone:(970)686-5011 I email:info@KingSunxpors.com DATE: 5-9-15 DRAWN BY: CDL SHEET: 1 of 2 EXHIBIT-A INE CORNE•R 'Sec. 24, T.3N., R.65W. FOUND #6 REBAR WITH 2.5" ALUMINUM CAP ILLEGIBLE i C IIN MONUMENT BOX > NOTICE ROBERT H.MIKES& I According to Colorado law you must RONALD W.MIKES I commence any legal action based upon 1 I any defect in this survey within three years L4 L5 I after you first discover such defect. In no _ event may any action based upon any defect in this survey be commenced more 25' ROADWAY�0/L AND GAS than ten years from the dote of the OPERATIONS EASEMENT a'" certification shown hereon. (13-90—tn5 M C.R.S. 2012) TO HS RESOURCES, INC. to 3) ? (REC. NO. 2500695 - N < NOTE. This exhibit drawing is not intended to be o monumentalized land survey. It's W sole purpose is as o graphic representation to aid in the visualization of the written property description which it accompanies. GABRIELA CAMPOS O The written property description supersedes � to the exhibit drawing. RAMIREZ & PEDRO 5,1 (75 SAUCEDO PEREZ Z m (5. ;: PARC.#121324000023 N RECP.#3796873 NE 1/4 M S24-T3N-R65W N N. TEN HAND TRUST& LINE TABLE ALVIN DECHANT Jr. LINE BEARING LENGTH & SCOTT DECHANT L1 S89'48'53"W 40.00' ADDITIONAL RIGHT-OF-WAY - i L2 S89'37'03"W 30.35' 17,169s.f.± OR 0.394ac.f� NW 1/4 ,M' S19 l3N R64W L3 N00'22'18"W 11.41' 40' EXISTING RIGHT-OF-WAY (BOOK 1046 PAGE 7) L4 NO1'58'24"E 8.04' P84. L3rt-POINT OF BEGINNING I L5 N89'31'08"E I 16.64' •-SSul oo L2 "N� 3 CURVE TABLE Mi." FLORENCE M. in i,;, • I CURVE LENGTH RADIUS DELTA CHORD CH BEARING 'r w NOPENS M o N a z i Cl 645.49' 15770.00' 2'20'43" 645.44' N00'48'03"E _ gi �3y E A I E 1/4 CORNER =-7.6.730 I Sec. 24, T.3N., R.65W. °m o I I FOUND #6 REBAR WITH —gm "II I 2.5" ALUMINUM CAP � e ILLEGIBLE m F L1 IN MONUMENT BOX am 1 POINT OF COMMENCEMENT WELD COUNTY DEPARTMENT ^� RIGHT OF WAY ��A OF PUBLIC WORKS ACQUISITION om EA D) \� ►1 WCR 49 CORRIDOR PROJECT m BETWEEN WCR(s)30&32 RAMIREZ AND PEREZNO WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=150' 650 C•.Garden Dove I Windsor,Colorado 80550 WELD COUNTY,COLORADO phone.(')70)686-5011 I email:mfo@KingSurveyors.com DATE: 5-9-15 DRAWN BY: CDL SHEET: 2 of 2 Hello