HomeMy WebLinkAbout20160171.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 - RODNEY MILLER
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 Rodney Miller,
23934 County Road 48, 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 Rodney Miller be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and all necessary documents.
?w(„I LS t-�� j 2016-0171
�I EG0073
RE: AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY
ROAD 49
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of January, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dQda.%/ ..rchl;e4. EXCUSED
Mike Freeman, Chair
Weld County Clerk to e Board
Sean P. Conway, Pro-Tem
BY: I__ ♦ '
Dep y Clerk to the Boar: � 44; a
e_47,,,
(1861 ` �/ A. Cozad
•
rkv:, C5V- AS '4i11.=*
rbara Kirkmeyer
orney
Steve Moreno
Date of signature: I/0(111 L
2016-0171
EG0073
g61 MEMORANDUM
TO: Clerk to the Board DATE: 1/6/2016
,-OOON '� `r
} FROM: Leon Sievers/Tiffane Johnson RECEIVED
Public Works Department
JAN 0 7 2016
SUBJECT: Agenda Item WELD COUNTY
COMMISSIONERS
Agreement for the Purchase of Public Road Right-of-Way and Temporary Construction Easement
for Certain Improvements to WCR 49 with Rodney Allen Miller.
M:\Francie\AGENDA memos\Agenda-Leon-1.doc
2016-0171
AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN RODNEY
ALAN MILLER AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this / day o , 201/p, by and between
RODNEY ALAN MILLER, whose address is 23934 Coun Road 48, 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 Eight Hundred
Seventy Dollars, ($870.00). The parties acknowledge and agree that said purchase
price represents full, fair and valuable consideration.
2. Owner agrees at closing to sell 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 Hundred
Dollars, ($300.00). The parties acknowledge and agree that said purchase price
represents full, fair and valuable consideration.
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3. If this agreement is executed and returned to our office on or before November 18,
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 of closing and
shall expire and be of no further force or effect on January 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.
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 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.
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Page 3 of 5
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 One Thousand Five Hundred Twenty One Dollars ($1,521.00)
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 November 18, 2015. If the agreement is not signed and
returned on or before November 18, 2015, the County shall maintain its current
offer of Fair Market Value of One Thousand One Hundred Seventy Dollars
($1,170.00) 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 the
subsequent maintenance of said fence.
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
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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.
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IN WITNESS WHEREOF,the parties have set their hands on the day and year first above
written.
OWNER: RODNEY ALAN MILLER
•
Date: //
Rodney Alan ller
ATTEST: dj„aQ;/1y4J utd4D•c1 BOARD OF COUNTY COMMISSIONERS
Weld C► u ty Clerk to the Board WELD COUNTY, COLORADO
BY: � i � �� :;U -- t ,
Deputy Cle to e .��- ��> Sean P. Conway, Pro-TemJAN y Zial
361 t 1
APPROVED AS TO FU i� APPROVED AS T B ANCE:
Controller . Ele • r Dep ent Hea
APPROVED AS TO FORM:
Director of General Services
County Attorney
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Carly Koppes, Clerk and Recorder, Weld County, CO
INFAKINWHI
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EXHIBIT-A PHS-1/MILE-5
RIGHT-OF-WAY
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 4
NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
SAID PARCEL BEING A PORTION OF LOT-1 OF RECORDED EXEMPTION NO. 1055-12-1-RE-42 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1612112 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 4 NORTH, RANGE 65 WEST
FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION 12 BEARS SOUTH 00'35'20" EAST A
DISTANCE OF 2643.09 FEET;
THENCE SOUTH 00'35'20" EAST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A
DISTANCE OF 29.12 FEET;
THENCE DEPARTING SAID LINE SOUTH 89'24'40" WEST TO A POINT WHICH INTERSECTS THE EXISTING
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 48 AND THE EXISTING WESTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 40.00 FEET AND BEING THE POINT
OF BEGINNING
THENCE SOUTH 00'35'20" EAST ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE A DISTANCE OF
70.00 FEET;
THENCE NORTH 44'57'18" WEST TO A POINT ON SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE A
DISTANCE OF 100.08 FEET;
THENCE SOUTH 89'19'15" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 70.00 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 2,449.40 sf.± OR 0.06 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF
WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
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■III F.rl4ihCYlama rl4,t'M1NT +T MIdA4h 1I 111
RIGHT OF WAY �, , ' WELD COUNTY DEPARTMENT
1g�1 OF PUBLIC WORKS
ACQUISITION 421D ,2sTIE
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46& WCR 48
MILLER
(FORMERLY BOLLINGER) V u N T Y PROJECT NO: SRP-26 SCALE:
WCR 49
WELD COUNTY,COLORADO DATE: 5-14-15 BY: JHB SHEET: 1 of 2
EXHIBIT-A PHS-1/MILE-5
I
I
N 1/4 COR P.O.C. NE COR
S12-T4N-R65W S12-T4N-R65W •
N89'19'15"W
2638.26'
WCR 48
- - - - - - - - - - - - - - L2 ` ,
L5
P.O.B.
NE 1/4 <feor J1 1
S12 T4N R6•SW 1 • 1
ADDITIONAL RIGHT—OF—WAY
ACQUIRED 2,449.40 sf.± OR 0.06 ac.±
I
I I I
S' RODNEY MILLER I I I
(Formerly Bollinger)
PARC.#105512000035
105512000035
RECP.#4013627 I rig Z
•
1 o
LOT 1/RE-42 I N I ,
RECP.#1612112 Z Iw H
U :2-"I
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I c I
LINE TABLE 1 1
LINE BEARING DISTANCE
L1 S00'35'20"E 29.12'
L2 S89'24'40"W 40.00'
L3 S00'35'20"E 70.00' WCR 49 EXISTING I I . '
1
L4 N44'57'18"W 100.08' 40' R.O.W.
L5 S8919'15"E 70.00' BK.1046/PG.14 I I
RECP.#819294 I 40' ► 40'
6-7-1939
it R
DUNN 1 ..-> I
I I
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
A MONUMENTED LAND SURVEY OR LAND SURVEY E 1/4 COR
PLAT. IT IS INTENDED TO ILLUSTRATE THE S12-T4N-R65WI.44f I
ATTACHED PROPERTY DESCRIPTION ONLY.
RIGHT OF WAY ` ,, WELD COUNTY DEPARTMENT
��
1861 OF PUBLIC WORKS
ACQUISITION RW 29A
1 WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
MILLER
(FORMERLY aol l iNcea) Iv rr N r �. PROJECT NO: SRP-26 SCALE: 1"=-50
WCR49 "-U r —I
WELD COUNTY,COL(4173468 Pages: 7 of 9 BY: JHB SHEET: 2 of 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
Ell 14ir rlinililikr i i1' YIlliIIII:l VF IM liCtilil till 111
EXHIBIT-B PHS-1/MILE-5
TEMPORARY EASEMENT
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 4
NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
SAID PARCEL BEING A PORTION OF LOT-1 OF RECORDED EXEMPTION NO. 1055-12-1-RE-42 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1612112 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 4 NORTH, RANGE 65 WEST
FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION 12 BEARS SOUTH 00'35'20" EAST A
DISTANCE OF 2643.09 FEET;
THENCE SOUTH 00'35'20" EAST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A
DISTANCE OF 99.12 FEET;
THENCE DEPARTING SAID LINE SOUTH 89'24'40" WEST TO A POINT THE EXISTING WESTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 40.00 FEET AND BEING THE POINT
OF BEGINNING
THENCE SOUTH 00'35'20" EAST ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE A DISTANCE OF
28.60 FEET;
THENCE NORTH 44'57'18" WEST TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF
WELD COUNTY ROAD 48 A DISTANCE OF 140.98 FEET;
THENCE SOUTH 8919'15" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 28.60 FEET;
THENCE SOUTH 44'57'18" EAST A DISTANCE OF 100.08 FEET TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINS 2,410.64 sf.± OR 0.06 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF
WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
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Carly Koppes, Clerk and Recorder, Weld County, CO
MFAIFIVI *Wail Vili mmol mad 11111
1861 WELD COUNTY DEPARTMENT
TEMPORARY EASEMENT
ACQUISITION TE-29A OF PUBLIC WORKS
T
-� WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
MILLER
(FORMERLY BOLLINGER) - N T �. PROJECT NO: SRP-26 SCALE:
WCR 49 G -_U.._
WELD COUNTY,COLORADO DATE: 5-14-15 BY: JHB SHEET: 1 of 2
EXHIBIT-B PHS-1/MILE-5
II. wit N. UNIIIIIMMIN= NMI Ell MIIIIIIIMMINIII INN OM IMIIMMINIMINIM MEI INN MIIIIIIIMIIIIIIMIll /I _ _I I
I
N 1/4 COR P.O.C. NE COR
S12-T4N-R65W S12-T4N-R65W
/--
_ N89'19'15°W
______Nr_
•
2638.26'
—
WCR 48
IIIIIIIIIIIMI INN INN IIIIM UM NM IIIIIIIIIIMINIIIIIIII IIIII NMI IIIIIIIIIIIIMMIM INN ME MIIIIMIll 1.:(11
s - i
• 1
w
Io
NF 1,'L 1 1
S(z Taw R15wW ♦ I •n I
t o
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N
20' TEMPORARY EASEMENTS •
ACQUIRED 2,410.64 sf.± OR 0.06 ac.± L1
$5
P.O.B. I 1
RODNEY MILLER
(Formerly Bollinger)
PARC.#105512000035 113z
I
RECP.#4013627 1 .41....41... . j
1 • N 1
LOT 1/RE-42 CC I w IH
RECP.#1612112 0 O
r \ • N
M
I v I
LINE TABLE I I I
LINE BEARING DISTANCE
L1 S89'24'40"W 40.00'
L2 SO0'35'20"E 28.60'
L3 N44'57'18"W 140.98' WCR 49 EXISTING I I I
L4 N89'19'15"W 28.60' 40' R.O.W.
L5 S44'57'18"E 100.08' BK.1O46/PG.14 I I
RECP.#819294 40' 40'
6-7-1939 _..1_4E R
DUNN I > 1
10 2!4,F.42
I I
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
A MONUMENTED LAND SURVEY OR LAND SURVEY E 1/4 C0R •
PLAT. IT IS INTENDED TO ILLUSTRATE THE S12-T4N-R65W
ATTACHED PROPERTY DESCRIPTION ONLY.
TEMPORARY EASEMENT ��, �' WELD COUNTY DEPARTMENT
1861 OF PUBLIC WORKS
ACQUISITION TE_29A j 1
IX / WCR 49 CORRIDOR PROJECT
MILLER � BETWEEN WCR 46& WCR 48
(FORMERLY BOLLINGER) II - N T Y j PROJECT NO: SRP-26 SCALE: 1"=50
WCR 49 G U r
WELD COUNTY,COL 4173468 Pages: 9 of 9 I BY: JHB SHEET: 2 of 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
iii mme iorivamInIMIRa Y4rh BM I
1861r MEMORANDUM
TO: Clerk to the Board DATE: 2/8/2016
T 'Y
,Cpu N
FROM: Leon Sievers/Tiffane Johnson
Public Works Department
SUBJECT: Agenda Item
RE: Doc #2016-0171
Warranty Deed with Rodney Alan Miller for improvements to WCR 49.
RECEIVED
RECEIVED
FEB 082016
FEB 0 8 2016 WELD COUNTY
WELD COUNTY COMMISSIONERS
COMMISSIONERS
M:\Francie\AGENDA memos\Agenda-Leon-1.doc
•
(i)i,t) LS ) / c)
ixtAi,vr - &ra , /0 /!v 02ollv-0171
a - 10 - aOl l.v O2 -0202, aD!(o EG oo 73
WARRANTY DEED
THIS DEED made this k day of , 20/ , between Rodney Alan
Miller, whose address is 23934 County Roa 48, LaS , Colorado 80645, Grantor, and
County of Weld, a body corporate and politic of the State of Colorado whose legal
address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State of
Colorado, Grantees:
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: 23934 County Road 48, LaSalle, Colorado 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.
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.
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Carly Koppes, Clerk and Recorder, Weld County, CO (�D/� /7/
ail kirdE r ivinhi vilii, �Rti t� 'J'�' �M��,11��� 11111
IN WITNESS THEREOF the grantor has executed this deed on the date set
forth above.
odney Alan iller, Owner
State of Colorado )
)ss.
County of Weld ) ��
The foregoing instrument was acknowledged before me this `-'4 - day of ritr,Q7D.,
20/Z , by Rodney Alan Miller, Owner.
JAMES R. FLESHER NOTARY PUBLIC Witness my hand and official seal.
STATE OF COLORADO
MY C0MMIISSII0RNYEXPI20154039602
ES OCTOB R 7,2019
otary Public
My commission expires:
October 7, 2019
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Carly Koppes, Clerk and Recorder,
�S, C erk ,k��,��a i' �:��r��l����,viii
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 4____ _
r day of , 2016.
ATTEST: •�dt491t� BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD COUNTY OF WELD, A BODY
CORPORATE AND POLITIC OF THE
S Lz� STATE OF COLORADO
BY:• 1 /,�. . ��4.�:�_1 11 ;;` : a u `4-r`-�
Dep y Clerk to the Board ' � Mike Freeman, Chair FEB 1 0 2016STATE OF COLORADO ) `►•r+r'
)ss
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this /b day of
2016 by Mike Freeman, CHAIR OF THE BOARD OF COUNTY
COMMISSION S OF THE COUNTY OF WELD.
Witness my hand and official seal.
Notary Publ
My commission expires: /�
119 CHERYL LYNN HOFF
MAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2018
4180527 Pages: 3 of 5
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Carly Koppes, Clerk and Recorder, Weld County CO `
1111 i Milli h'rMilr llaiilit�K6Il,'NIIYt�ILN Vid'�,1i i 1111 ( 4D/6 O/7/
EXHIBIT-A PHS-1/MILE-5
RIGHT-OF-WAY
A PARCEL OF LAND, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 12, TOWNSHIP 4
NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
SAID PARCEL BEING A PORTION OF LOT-1 OF RECORDED EXEMPTION NO. 1055-12-1-RE-42 FILED IN
THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 1612112 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 12, TOWNSHIP 4 NORTH, RANGE 65 WEST
FROM WHICH THE EAST ONE-QUARTER CORNER OF SAID SECTION 12 BEARS SOUTH 00'35'20" EAST A
DISTANCE OF 2643.09 FEET;
THENCE SOUTH 00'35'20" EAST ALONG THE EAST LINE OF SAID NORTHEAST ONE-QUARTER A
DISTANCE OF 29.12 FEET;
THENCE DEPARTING SAID LINE SOUTH 89'24'40" WEST TO A POINT WHICH INTERSECTS THE EXISTING
SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 48 AND THE EXISTING WESTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 49 A DISTANCE OF 40.00 FEET AND BEING THE POINT
OF BEGINNING
THENCE SOUTH 00'35'20" EAST ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE A DISTANCE OF
70.00 FEET;
THENCE NORTH 44'57'18" WEST TO A POINT ON SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE A
DISTANCE OF 100.08 FEET;
THENCE SOUTH 8919'15" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 70.00 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 2,449.40 sf.± OR 0.06 cc. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF
WAY AGENT AND SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
RIGHT OF WAY 1861 WELD COUNTY DEPARTMENT
:- OF PUBLIC WORKS
ACQUISITION RW-Z9)
rl' _ WCR 49 CORRIDOR PROJECT
= BETWEEN WCR 46&WCR 48
MILLER r(FORMERLY BOLLINGER) LIR ' -_� f�, PROJECT NO: SRP-26 SCALE:
COL)
WCR 49
DATE: 5-14-15 BY: JHB SHEET: 1 of 2
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Carly Koppes, Clerk and Recorder, Weld County, CO
11111
EXHIBIT-A PHS-1/MILE-5 1- - - - - - - - - - - - - - - I
N 1/4 COR P.O.C. NE COR
S12-T4N-R65W S12-T4N-R65W
4/-
N89'19'15"W
2638.26' - - -
-
- -
WCR 48 :
- um - - no - - - ma 7_ L2 J
L5
I
P.O.B.
NE 1/4 (A J 1 1
S12-T4N-R65W i •I i
ADDITIONAL RIGHT—OF—WAY
ACQUIRED 2,449.40 sf.± OR 0.06 ac.±
1 I 1
S' RODNEY MILLER 1 I 1
(Formerly Bollinger)
PARC.#105512000035
RECP.#4013627 I O) I M I z
• Nr. E:
LOT 1/RE-42 1 N 1 L7
RECP.#1612112I CC I ,,,(
° .1
V
�
1 ...co 1
LINE TABLE 1 I 1
LINE BEARING DISTANCE
L1 SOO'35'20"E 29.12'
L2 S89'24'40"W 40.00'
L3 SO0'35'20"E 70.00'
-III I
L4 N44'57'18"W 100.08' WCR 49 EXISTING
40' R.O.W. 1 1
L5 S89'19'15"E 70.00' BK.1046/PG.14 I - I
RECP.#819294 40' I 40'
6-7-1939
R. R
DUNN 1 / 1
LOT 2/RE-42 1 1
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
A MONUMENTED LAND SURVEY OR LAND SURVEY E 1/4 COR
PLAT. IT IS INTENDED TO ILLUSTRATE THE S12-T4N-R65W
ATTACHED PROPERTY DESCRIPTION ONLY.
WELD COUNTY DEPARTMENT
RIGHT OF WAY i1 6i OF PUBLIC WORKS
ACQUISITION
WCR 49 CORRIDOR PROJECT
BETWEEN WCR 46&WCR 48
MILLER „_
(FORMERLY BOLLINGER) 1 COUNTY PROJECT NO: SRP-26 SCALE: 1 -50
WCR 49
4180527 Pages: 5 of 5 DATE: 5-14-15 BY: JHB SHEET: 2 of 2
02/12/2016 12:19 PM R Fee:$0.00 D Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
BMW W hilMillii IIIIIMPI kNINIAIIIlV.ltf'ai&HEI II
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