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Home My WebLink About20161215 RESOLUTION RE: APPROVE AMENDED AND RESTATED 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 ALL NECESSARY DOCUMENTS - PETER PRESS TRUST; AND D.R. COOPER FAMILY, LLLP 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 Amended and Restated 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 Peter Press Trust, 22 Crestmoor Drive, Denver, CO 80220; and D.R. Cooper Family, LLLP, 33943 Upper Bear Creek Road, Evergreen, CO, 80439, commencing March 21, 2016, and ending, the completion of said project, whichever is earlier, with further terms and conditions being as stated in said amended and restated agreement, and WHEREAS, after review, the Board deems it advisable to approve said amended and restated 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 Amended and Restated Agreement for 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 Peter Press Trust; and D.R. Cooper Family, LLLP, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amended and restated agreement. CrTi 2016-1215 5-o? - /6' EG0073 AMENDED AND RESTATED AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT- OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 49 - PETER PRESS TRUST/D.R. COOPER FAMILY, LLLP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of April, A.D., 2016, nunc pro tunc March 21, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: rAy,j .:�C;Gto%,,b Mike Freeman, Chair Weld County Clerk to the Board c Sean P. Con ay, Pro-Te BY: O De uty Clerk to the Board Azi,a A. Cozad ra Kirkmeyer ounty Attorney ,;,;;�•� ' oreno Date of signature: /o.7// 'i t-. j* 2016-1215 EG0073 �g61 MEMORANDUM TO: Clerk to the Board DATE: 3/29/2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item Doc # 2015-4070 RE: WCR 49 Corridor Project Amended and Restated Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement with Peter Press Trust; and D. R. Cooper Family LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest. RECEIVED MAR 302016 COMMISSIONERS M:\Francie\AGENDA memos Agenda-Tiff-I.doc 2016-1215 AMENDED AND RESTATED AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN PETER PRESS TRUST; and D.R. COOPER FAMILY LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest AND WELD COUNTY, COLORADO //�w g THIS AMENDED AND RESTATED AGREEMENT is made this lo day of , 2016, by and between PETER PRESS TRUST, whose address is 22 Crestmoor D ve, Denver, CO 80220, and; D.R.COOPER FAMILY LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest, whose address is 33943 Upper Bear Creek Road, Evergreen, CO 80439, 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" and is intended to amend and restate in its entirety the specific Agreement recorded January 4, 2016 at reception number 4170078 with the Clerk and Recorder for Weld County, Colorado. 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 Eleven Thousand 4194049 Pages: 1 of 9 ,,,2d/6-42/5- 04/08/2016 11:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ell K!IIMIIIIMICIIIKIJAw II: lliallR�a Ii ill Thousand Four Hundred Forty Dollars, ($11,440.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees at closing to lease and County agrees to purchase the Temporary Construction Easements described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Three Thousand Six Hundred Ninety-Six Dollars, ($3,696.00). 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 March 21, 2016 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 of closing and shall expire and be of no further force or effect on March 1, 2019, or upon the completion of the 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. U r� 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 m' currently attached to or associated with the Public Right-of-Way and Temporary •a= Construction Easement. anknj LL_4. 10. Owner shall deliver the fully executed Warranty Deed for the Public Road Right- N 1 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. dm w 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, 0) a m a� Cn @ — C:\Users\Peter Press\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\HMKJPHCG\Compromise Agreement Warranty Deed-Cooper-Press 3-10-16.docx 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 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 Six Hundred Seventy Seven Dollars ($19,677.00) 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 March 21, 2016. If the agreement is not signed and returned on or before March 21, 2016, the County shall maintain its current offer of Fair Market Value of Fifteen Thousand One Hundred Thirty Six Dollars ($15,136.00) 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. County shall at closing pay to Owner Thirty Nine Thousand One Hundred Fifty Two Dollars ($39,152.00) for Owner to remove and replace the existing irrigation well outside the new right of way. 6. COMPENSATION FOR ADMINISTRATIVE COSTS. County shall reimburse Owner One Thousand Nine Hundred Fifty Eight Dollars ($1,958.00) for the oversight of removal/salvage and installation of reimbursed damages. 7. 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 the subsequent maintenance of said fence. 4194049 Pages: 3 of 9 04/08/2016 11:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III Piiirdinkri ii 'Ili APCY ANDN'f'rYii 11111 C:\Users\Peter Press\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\HMKJPHCG\Compromise Agreement Warranty Deed-Cooper-Press 3-10-16.docx 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. 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. 4194049 Pages: 4 of 9 04/08/2016 11:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■iiiKV �uii��F�;� ,�H�,� r��i�,� ii C:\Users\Peter Press\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\HMKJPHCG\Compromise Agreement Warranty Deed-Cooper-Press 3-10-16.docx IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: PETER PRESS TRUST; and D.R. COOPER FAMILY LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest PETE RESS TIM O,Q Peter Press as Trustee 17( ' ' Marilyn R. Pres�stee Date: 3/13 i/2-91 D.R. COOPER FAMILY LLLP, a Colorado Limited Liability Limited Partnership, as to an undivided one-half interest 2 By: ,,�'4c 1v1,- Title: / s l-- Date: / qC v '.r ATTEST: ddr iv W ..C40:4k, BOARD OF COUNTY COMMISSIONERS Weld t Clerk to the Board WELD COUNTY, COLORADO BY: eyivAitsui2,____, Deputy Cl:'kthe Bo !'%�� Z to L Mike Freeman Chair APR 0 6 2016 ate" �1 APPROVED AS TO F - (") APPROVED AS TO S ANCE: A '''.:J'-:; Controller '►'��4I Elected Official or Department Head ua�ir�; , „w►. APPRA.OVED AS TO FORM: -!\if \ -- .j//"Af/& / cdfel Director of General Services Go"fv A14arie�/ C:\Users\Peter Press\?�ppData\Local\Micr ft\Windows\Temporary Internet Files\Content.IE5\HMKJPHCG\Compromise Agreement Warranty Deed-Cooper-Press 3-10-16.docx 4194049 Pages: 5 of 9 04/08/2016711:04 AM R Fee:$0.00Carly Koppes Clerk and Recorder, Weld N L lIll Kirin ills a'k L+' llii ti'kiL"l"rillilii.I' 11111 o?a/�- 42-1C EXHIBIT-A 2—PRESS de COOPER—ROW PROPERTY DESCRPTIOJ A parcel of land being part of that parcel of land described In that Quit Claim Deed recorded March 4, 2014 as Reception No. 4000015 of the records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Thirty (30), Township Two North (1.211.), Range Sixty—four West (R.64W.) of the Sixth Principal Meridian (8th P.M,), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 30 and assuming the West line of the Southwest Quarter (SWI/4) of sold Section 30, being monumentallzed by a 06 rebor with a 2"diameter aluminum cap stomped 'tS25937, 1997" at the South end and by ale rebor with a 2"diameter aluminum cap stamped `LS25937, 1998" at the North end, as bearing North 01'02'22"West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638,44 feet, with ail other bearings contained herein relative thereto: THENCE North 01'02'22"West along the West line of the Southwest Quarter (SW1/4) of sold Section 30 a distance of 243.30 feet to the Northerly Right—of—Way line of Interstate No. 76; THENCE North 55'26'08"East along said Northerly Right—of—Way line of Interstate No. 76 a distance of 47.98 feet to the East Right—of—Way line of Weld County Rood No. 49, said East Right—of—Way line of Weld County Road No. 49 being Forty (40) feet, as measured at a right angle. East of and parallel with the West line of the Southwest Quarter (SWi/4) of said Section 30, sold point being the POINT OF BEGINNING; THENCE North 01O2'22" West along sold East Right—of—Way line of Weld County Road No. 49 a distance of 1200.00 feet to the North line of that parcel of land described In said Quit Claim Deed; THENCE North 89O8'02"East along the North line of that parcel of land described in sold Quit Claim Deed a distance of 1.29 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which le concave to the East a distance of 368,65 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 13064.00 feet, a central angle of 01'37'01"and a long chord bearing South 02'54'38" East a distance of 368.64 feet; THENCE along the arc of a curve which is concave to the West a distance of 631.11 feet to a Point of Tangency (PT), said curve having a radius of 13204.00 feet o central angle of 02'44'19"and o long chord bearing South 0220'57" East a distance of 631.05 feet; THENCE South 00'58'48"East a distance of 214.16 feet to sold Northerly Right—of—Way line of Interstate No. 76; THENCE North 64'55'52"West along said Northerly Right—of—Way line of Interstate No. 78 a distance of 30.65 feet to the POINT OF BEGINNING. Sold parcel of land contains 22,645 sq. ft. or 0.520 acre, more or lees (*), 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 Forty (40) feet of the Southwest Quarter (SW1/4) of sold Section 30 lying Northerly of sold Northerly Right—of—Way line of Interstate No. 76 and lying Southerly of the Westerly extension of the North line of that parcel of land described in said Quit Claim Deed. Said existing Right—of—way contains 48,532 sq. ft. or 0.1.114 acres, more or lees (±), and may be subject to any rights—of—way or other easements of record or oe now existing within sold described existing Right—of—way. pp It ? O • •y.•10 r i ilt i9 • 38106 'ro ; Michael Chad Dinka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 WELD COUNTY DEPARTMENT RIGHT OF WAY 4��r OF PUBLIC WORKS ACQUISITION 'Mill•f WCR 49 CORRIDOR PROJECT PETER PRESS & COOPER BETWEEN 1-76&WCR 18 \krCR 49 KING SURAT\Olts PROJECT NO: NRP•26 SCALE: N/A �I) C.arJn,C' 1\',uil , i •„I.,hill,-1 WELD COUNTY,COLORADO e,,,, a tor, DATE: 2-17-15 DRAWN BY: CDL SHEET: 1 of2 4194049 Pages: 6 of 9 04/08/2016 11:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII kirdIyn iiim l Io', 11 jarkirwroca i, 11111 EXHIBIT-A J W 1/4 S30-T2N-R64W ��FND #6 RB W/ 2" AC 40' EXISTING RIGHT OF WAY I STAMPED LS 25937 1998 IN MON. BOX BOOK 1057 PAGE 27 RECEPTION No. 836574 i L2 No r U I I 40' EXISTING RIGHT-OF-WAY BOOK 1053 PAGE 132 c RECEPTION No. 831473 i a N 30' EXISTING RIGHT-OF-WAY "- BOOK 83 PAGE 298 3 N PETER PRESS & Q csio COOPER FAMILY ADDITIONAL RIGHT—OF—WAY ACQUIRED z LLLC i 22,645sf.± OR 0.520oc.± i:-.. Z PARC.#130530000004 iv' RECP.#40000 1 5 According to Colorado low you must commence any legal action based upon any detect in this survey within three years after you tics discover such defect. in no event may any action booed upon any lt,,,I defect in this survey be commenced more than ten store from she IM date of the certification shown hereon. (13-80-105 C.R.S. 2012) IO NOTE: This exhibit drawing Is not intended to be o monumentolited Ia lond survey. It's sole purpose is os a graphic representation to old in the vlsuolitation of the written property description which it Q occompontee. The written property description supersedes the exhibit IQ1 drawing. I. 1.0 CURVE TABLE I(0 N N CURVE LENGTH RADIUS DELTA CHORD CH BEARING i e W C1 368.65' 13064.00' 1'37'01" 368.64' S02'54'36"E Pio�� C2 631.11' 13204.00' 2'44'19" 631.05' S0220'571 i:- !� 0 POINT OF BEGINNING Z o �� LINE TABLE 43 �� fC LINE BEARING LENGTH POINT OF COMMENCEMENT L1 Qa�° o SW COR S30-T2N-R64W L1 N55'26'08"E 47.98' N1 ,_ . FND #6 RB W/2" AC "1 +MCP CNv L2 N89'08'02"E 1.29' STAMPED LS 25937 1997 e ADO ...4,, <5 IN MON. BOX L3 N64'55'52"W 30.65' I / . - RIGHT OF WAY rA� WELD COUNTY DEPARTMENT ACQUISITION `1�'Pi. ___ OE PUBLIC WORKS C3) 1,'i.1, WCR 49 CORRIDOR PROJECT BETWEEN I-76&WCR 18 PETER PRESS& COOPER WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: I"=200' WELD COUNTY.COLORADOr,5or.r:.,,r"D"„ Ins""a c.,h.,tr,w.,v, phonr.177,46x6Soli i ,",a.F44.,.0-..„rn,,,,,r,.,,,,,,,, DATE: 2-17.15 DRAWN BY: CDL SHEET: 20l'2 IINNIMIWINNONSIMIllifflk w 4194049 Pages: 7 of 9 04/08/2016 11:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111!PAC LA ME Ihkliiil I P h IVILVIIK« lid "Ill EXHIBIT B 2-PRESS & COOPER-TCE PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of that parcel of land described In that Quit Claim Deed recorded March 4, 2014 as Reception No. 4000015 of the records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Thirty (30), Township Two North (T.2N.), 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 Southwest corner of sold Section 30 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 30, being monumentolized by a #6 rebar with a 2" diameter aluminum cap stamped '1S25937, 1997" at the South end and by a #6 rebar with a 2" diameter aluminum cap stamped t525937, 1998" at the North end, as bearing North 01'02'22" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638.44 feet, with all other bearings contained herein relative thereto: THENCE North 01'02'22" West along the West line of the Southwest Quarter (SW1/4) of said Section 30 a distance of 243.30 feet to the Northerly Right—of—Way line of Interstate No. 76; THENCE North 55'26'08" East along said Northerly Right—of—Way line of Interstate No. 76 a distance of 47.98 feet to the East Right—of—Way line of Weld County Road No. 49, said East Right—of—Way line of Weld County Road No. 49 being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 30; THENCE South 64'55'52" East, continuing along said Northerly Right—of—Way line of Interstate No. 76 a distance of 30.65 feet to the POINT OF BEGINNING; THENCE North 00'58'48" West a distance of 214.16 feet to a Point of Curvature (PC); THENCE along the arc of a curve which is concave to the West a distance of 631.11 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 13204.00 feet a central angle of 02'44'19" and a long chord bearing North 02'20'57" West a distance of 631.05 feet; THENCE along the arc of a curve which is concave to the East a distance of 368.65 feet to the North line of that parcel of land described in said Quit Claim Deed, sold curve having a radius of 13064.00 feet, a central angle of 01.37.01" and a long chord bearing North 0754'36" West a distance of 368.64 feet; THENCE North 89.08'02" East along the North line of that parcel of land described in said Quit Claim Deed a distance of 20.00 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 367.66 feet to a Point of Reverse Curvature (PRC), sold curve having a radius of 13044.00 feet, a central angle of 01'36'54" and a long chord bearing South 02'54'39" East a distance of 367.65 feet; THENCE along the arc of a curve which Is concave to the West a distance of 632.06 feet to a Point of Tangency (PT), said curve having a radius of 13224.00 feet a central angle of 02'44'19" and a long chord bearing South 02'20'57" East a distance of 632.00 feet; THENCE South 00'58'48" East a distance of 223.93 feet to said Northerly Right—of—Way line of Interstate No. 76; THENCE North 64'55'52" West along sold Northerly Right—of—Way line of Interstate No. 76 a distance of 22.26 feet to the POINT OF BEGINNING. Said strip of land contains 24,376 sq. ft. or 0.560 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 LICE• ice •• 38106 � 9 i 4194049 Pages: 8 of 9 Of1••��.�' :Q i 04/08/2016 11:04 AM R Fee:$0.00 $0.00 jjrr i Carly Koppes, Clerk and Recorder, Weld County: CO s••••......••� ��: ■III MKT, 4JP�r:I�i�;�J M�i��^LIVI 1�'+IM�I EA iI III Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT ten•. WELD COUNTY DEPARTMENT ''; ACQUISITION # OF PUBLIC WORKS ® � WCR 49 CORRIDOR PROJECT BETWEEN I-76&WCR 18 PETER PRESS AND COOPER WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: N/A 650 E.Garden Drive I Windsor,Colorado 80550 WELD COUNTY,COLORADO phone:(970)686-5011 I email:in fo�rli,Kin&Survryors.com DATE: 2-17-15 DRAWN BY: CDL SHEET: i of 2 EXHIBIT B I W 1/4 S30-T2N-R64W FND #6 RB W/2" AC STAMPED LS 25937 1998 40' EXISTING RIGHT OF WAY ( IL3 IN MON. BOX , � BOOK 1057 PAGE 27 -{ RECEPTION No. 836574 I i I r ISM U 30' EXISTING RIGHT-OF-WAY I BOOK 83 PAGE 298 PETER PRESS & „ III I 40' EXISTING RIGHT—OF—WAY I COOPER FAMILY BOOK 1053 PAGE 132 --I--• LLLC RECEPTION No. 831473 NoT10E I PARC.#130530000004 According to Colorado law you must commence any legal action based Cl Ir RECP.#4000015 upon any defeat in this survey within three years after you first I ' discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) RI II 20'TEMPORARY NOTE: This exhibit drawing is not intended to be a monumentalized iQ Ni- EASEMENT land survey. It's sole purpose is as a graphic representation to old in 6• I 0 ACQUIRED the visualization of the written property description which it 24,376sf.± OR accompanies. The written property description supersedes the exhibit II6- i) drawing. I 0.560oc.± Cl) I CURVE TABLE Ira: CURVE LENGTH RADIUS DELTA CHORD CH BEARING il I IM C1 631.11' 13204.00' 2'44'19" 631.05' NO2'20'57"W •goCNI• I ADDITIONAL i:o C2 368.65' 13064.00' 1'3701" 368.64' NO2'54'36"W �3 I j¢ ,I RIGHT—OF—WAY C3 367.66' 13044.00' 1'36'54" 367.65' S02'54'39"E is. L ' 16 N C4 632.06' 13224.00' 2'44'19" 632.00' S02'20'57"E - w .4. i ntc?i O -co LINE TABLE '`s 0 to L1 z '' N �45 LINE BEARING LENGTH (r) ‘.. PC'.o L1 N55'26'08"E 47.98' L2 L4 6� e' ' 0‘4.4�°� 1 L2 S64'55'52"E 30.65' b O`f- Ge O'` POINT OF COMMENCEMENT r) RO �� 1" L3 N89'08'02"E 20.00' SW COR S30—T2N—R64W ri FND #6 RB W/2" AC ol L4 N64'55'52"W 22.26' STAMPED LS 25937 1997 POINT OF BEGINNING IN MON. BOX • . _ • . - • . _ • . - . . _ • r _ • TEMPORARY EASEMENT •A•. WELD COUNTY DEPARTMENT ACQUISITION 40 ..r OF PUBLIC WORKS ® . ' WCR 49 CORRIDOR PROJECT • BETWEEN I-76&WCR 18 PETER PRESS& COOPER WCR 49 KING SURVEYORS PROJECT NO: SRP-26 SCALE: 1"=200' 650 E.Carden Drive I Windsor,Colondo 80550 WELD COUNTY,COLORADO phony.(970)68(,-5011 I email:info@KingiSurveyots.com DATE: 2-17-15 'DRAWN BY: CDL SHEET: 2 of 2 4194049 Pages: 9 of 9 04/08/2016 11:04 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO tail lorAgruiviair ,...kiiimooI Iwill, 11111 161 MEMORANDUM I Tr k, S., TO: Clerk to the Board DATE: 5/4/2016 2 p U ^jNTY . FROM: Tiffane Johnson Public Works Department SUBJECT: Consent Agenda Item RE: Doc #2016-1215 Warranty Deed with Peter Press Trust and D.R. Cooper Family LLLP for the WCR 49 Improvement Project. M.\Francie\AGENDA memos\Agenda.WarrantyDeed.doc �C- (-rs/ ) / J5 WARRANTY DEED THIS DEED made this )1 day of n i, 201 , between Peter Press Trust, whose address is 22 Crestmoor Drive, Denver, Colorado 80220, as to an undivided one-half interest, and D.R. Cooper Family LLLP, a Colorado limited liability limited partnership, whose address is 33943 Upper Bear Creek Road, Evergreen, Colorado 80439, as to an undivided one-half interest, 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: Vacant land. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. 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. 4203207 Pages: 1 of 6 05/12/2016 04:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 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. IN WITNESS THEREOF the grantor has executed this deed on the date set forth above. PETER PRESS TRUST, OWNER 4. Peter Press as Trustee Ma '1Y n R. s as Trustee STATE 79F COLORADO ) -�y ) ACKNOWLEDGEMENT COYINTY OF The foregoing instrument was acknowledged before me this Z 7 day of , 20/ , , by Peter Press and Marilyn R. Press, Trustees, on behalf of Peter ress Trust. MITCHELL G.HAUFF Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144016002 MY COMMISSION EXPIRES A APRIL 18,2018 !/ • Notary Public My commission expires: �-1/‘. 2D/Z 4203207 Pages: 2 of 6 05/12/2016 04:37 PM R Fee:$0.00 D Fee. 0.N Carly Koppes, Clerk and Recorder, Weld County, CO D.R. COOPER FAMILY LLLP, OWNER BY: \_,Ak Daniel . Cooper, President STATE OF COLORADO ) ACKNOWLEDGEMENT COtNTY OF4,--Fti The foregoing instrument was acknowledged before me this 2 7 day of 20) , by Daniel R. Cooper, president of D.R. Cooper Family LLLP, a invited liability limited partnership of Colorado, on behalf of D.R. Cooper Family LLLP. MITCHELL G. HAUFF Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144016002 21 V MY COMMISSION EXPIRES APRIL 16,2018 i,!i� Notary Public My commission expires: ��1 �t 27'$ 4203207 Pages: 3 of 6 Carly Koppes, Clerk and Recorder, Weld 05/12/2016 04:37 PM R Fee:$0.00 D Fee:$0.00 Count; ■III .r I�IFG'�'Il�r�4��1 'I�YAM DOI whif' rft��Y� 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 I day of May , 2016. ATTEST: ddrAtitl G •-C ati 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 � .mill ff BY:� �L�II ( 4I .� i��.,,.,, BY: Q, Deputy C er to the Board 'S Q,,a� Mike Freeman, Chair MAY 0 9 2016 BOARD OF COUNTY ►., �, COMMISSIONER 1161 OF THE COUNTY OF WELD STATE OF COLORADO ) )ss COUNTY OF WELD14- ) The foregoing instrument was acknowledged before me this 9 day of , 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS OF THE C TY OF WELD. Witness my hand and official seal. Notary Publ. My commission expires: /4/q 0,if CHERYL LYNN HOFFMAN / NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 4203207 Pages: 4 of 6 05/12/2016 04:37 PM ifiroodffilluinIgioorder, R Fee:$0,00 D Fee:$0.00 l �Nib Ni�ul��4«r'1Y4ri 11111 00/(0 /a/.5 EXHIBIT-A 2—PRESS & COOPER—ROW PROPERTY DESCRIPTION A parcel of land being part of that parcel of land described In that Quit Claim Deed recorded March 4, 2014 as Reception No. 4000015 of the records of the Weld County Clerk and Recorder, located in the Southwest Quarter (SW1/4) of Section Thirty (30). Township Two North (T.2N.), 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 Southwest corner of said Section 30 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 30, being monumentollzed by a #6 rebor with o 2"diameter aluminum cap stamped 't.S25937, 1997" at the South end and by a #6 rebar with a 2"diameter aluminum cap stamped 't.S25937, 1998" of the North end, os bearing North 01'02'22" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2638.44 feet, with oil other bearings contained herein relative thereto: THENCE North 01'02'22" West along the West line of the Southwest Quarter (SW1/4) of said Section 30 a distance of 243.30 feet to the Northerly Right—of—Way line of Interstate No, 76; THENCE North 55'26'08" East along said Northerly Right—of—Way line of Interstate No. 76 a distance of 47.98 feet to the East Right—of—Way line of Weld County Rood No. 49, sold East Right—of—Way line of Weld County Road No. 49 being Forty (40) feet, as measured at a right angle, East of and parallel with the West line of the Southwest Quarter (SW1/4) of said Section 30, said point being the POINT OF BEGINNING; THENCE North 01'02'22" West along said East Right—of—Way line of Weld County Road No. 49 a distance of 1200.00 feet to the North line of that parcel of land described In said Quit Claim Deed; THENCE North 89'08'02" East along the North line of that parcel of land described in said Quit Claim Deed a distance of 1.29 feet to the beginning point of a curve, said curve being non—tangent to aforesaid line; THENCE along the arc of said curve which is concave to the East a distance of 368.65 feet to a Point of Reverse Curvature (PRC), said curve having a radius of 13064.00 feet, a central angle of 01'37'01" and a long chord bearing South 02'54'36" East a distance of 368.64 feet; THENCE along the arc of a curve which is concave to the West a distance of 631.11 feet to a Point of Tangency (PT). said curve having a radius of 13204.00 feet a central angle of 02'44'19" and a long chord bearing South 02'20'57" East a distance of 631.05 feet; THENCE South 00'58'48" East a distance of 214.16 feet to sold Northerly Right—of—Way line of Interstate No. 76; THENCE North 64'55'52" West along said Northerly Right—of—Way line of Interstate No. 76 a distance of 30.65 feet to the POINT OF BEGINNING. Sold parcel of land contains 22,645 sq. ft. or 0.520 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 Forty (40) feet of the Southwest Quarter (SW1/4) of said Section 30 lying Northerly of said Northerly Right—of—Way line of interstate No. 76 and lying Southerly of the Westerly extension of the North line of that parcel of land described in said Quit Claim Deed. Said existing Right—of—way contains 48,532 sq. ft. or 0.1.114 acres, more or lees (±), 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.Nyv1JO L.t \fit' ir i• orc- 38106 .: L 4.2414* Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION _ OF PUBLIC WORKS Cw- WCR 49 CORRIDOR PROJECT PETER PRESS & COOPER BETWEEN 1-76&WCR 18 WCR 49 KING SURVEYORS PROJECT NO: NRP-26 SCALE: N/A i0r C rticr,Drive Wndsor,Colorado fi0i;n WELD COUNTY,COLORADO Ph,,,,r:l97o}aeesun l omndr(nh,@hingsun•epnncon, r DA�E: 2-17-15 DRAWN BY: CDL SHEET: 1 oft 4203207 Pages: 5 of 6 05/12/2016 04:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ITI:il L'i'Ygthel III EXHIBIT-A W 1/4 530-T2N-R64W FND #6 RB W/ 2" AC 40' EXISTING RIGHT OF WAY :1-t STAMPED LS 25937 1998 BOOK 1057 PAGE 27 i ► ,„_. X RECEPTION No. 836574 I -L2 N _ : . . _ , , _ . . I I 40' EXISTING RIGHT-OF-WAY BOOK 1053 PAGE 132 -- o RECEPTION No. 831473 1 O I cv 30' EXISTING RIGHT-OF-WAY I BOOK 83 PAGE 298 3 N PETER PRESS & ' o COOPER FAMILY ADDITIONAL RIGHT—OF—WAY ACQUIRED z LLLC 22,645sf.± OR 0.520ac.±—""—i-—z-- PARC.#130530000004 Nonce I0 RECP.#4000015 z According to Colorado low you must commence any legal action based fT upon any detect in this survey within three years attar you first Q discover such defect. In no event may any action booed upon any its defect In this survey be commenced more than ten years from the 1w date of the certification shown hereon. (t3-80-105 C.R.S. 2012) IL- 0 NOTE: This exhibit drawing Is not intended to be a monumentalizud tri land survey. It's Dole purpose is us a graphic representation to old In Ul the visualization of the written property description which it <C accompanies, The written property description supersedes the exhibit 103 drawing. l� 4. CURVE TABLE i 1 Fl CURVE LENGTH RADIUS DELTA CHORD CH BEARING w C1 368.65' 13064.00' 1'37'01" 368.64' S02'54'36"E " °� 0 it co C2 631.11' 13204.00' 2'44'19" 631.05' S02'2Q'57"E © l POINT OF BEGINNING LINE TABLE 43`x. iA LINE BEARING LENGTH POINT OF COMMENCEMENT Li 9, L1 N55'26'08"E 47.98' SW COR S30-T2N-R64W oQ 06-} FND #6 RB W/2" AC "i +\6- N�' L2 N89'08'02"E 1.29' STAMPED LS 25937 1997 o4 x,00 Q�, ,,'y IN MON. BOX L3 N64'55'52"W 30.65' I RIGHT OF WAY WELD COUNTY DEPARTMENT ACQUISITION f OF PUBLIC WORKS RWm.. WCR.49 CORRIDOR PROJECT BETWEEN 1-76&WCR 18 PETER PRESS & COOPER i> ��'CR49 KING SURVEYORS PROJECT NO: SRI'-26 SCALE: I"=200' COLORADODCOLORADOrs"I:G. o I �� ,i. c i,,i husu WELD Cni1N R iom�.prn1686sou I “"'I ',r>,n-1,'" q""'—"u" DATE: 2-17-15 DRAWN BY: CDLISHEET: 2of2 4203207 Pages: 6 of 6 05/12/2016 04:37 PM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII NrarIZN:4114iiilimilii0 VatifiliValdil k'i MO, RN Hello